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Home My WebLink About69A-81 RESOLUTION• RESOLUTION NO. 109// .— A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH COMMUNITY RESOURCE GROUP, INC. FOR THE OPERATION OF A PUBLIC TRANSIT SYSTEM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Community Resource Group, Inc. for the operation of a public transit system. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7^+ A ^'is I; • " i4 °4;(417:7 �; -.*•• •.. /.Luh t � t,CITY` CLERK day of 44.4...09A4 , 1981. APPROVED: CERTIFICATE OF REOQRD ate of Arkansas Cay of Fayetteville f SS I. Vivian Koettei; City Clerk and racordcr for the City of Fa .., E, i` tti• 'T certify thatlcttev#lie. dohgre, ,f the annexed or forcevtn 38 rt;cord in wry office and the aa.ne Pears in Ordinance & Resolution aps �t37 G �`�Olt page Witnone my ha. and seal this_L 19 ��ey ®f City Cler d Ex -Officio Record• MICROFILMED. A I; CONTRACT This Contract executed this day of ilicki4ST 1981, by and between the City of Fayetteville, Arkansas, hereinaf-ter called_.the-"City"-and Community Resource Group, Inc., a non-profit corporation, hereinafter called "Ozark Transit". WHEREAS, the Fayetteville Board of Directors has determined that the City is in need of a public transportation system; and WHEREAS, the City is authorized to operate a public transportation system but has determined that a public trans- portation system could be better operated at this time by Ozark Transit; and WHEREAS, the purpose of this Contract is to set forth the terms and conditions under which Ozark Transit will operate a public transportation system for the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Ozark Transit agree as follows: 1. Ozark Transit shall operate a public transportation system in the City in accordance with the hours, routes, and schedules reflected on Exhibit "A" attached hereto and made a part hereof. Ozark Transit shall have the authority to modify the schedule upon written approval of the City. 2. In consideration for providing public transportation services in accordance with the terms of this Contract', the City agrees to pay Ozark Transit the sum of One Thousand -=Eight.Hundred:Sixty Two-and_.00/100 Dollars=.($1,862.00) .per:— month with the first payment payable September 1, 1981 and each succeeding installment payable on the first day of each month thereafter. Ozark Transit shall provide the necessary additional funds to meet the local share requirement under Sec. 18 of the Urban Mass Transit Act. Each month Ozark Transit shall submit to the City an invoice reflecting the amount budgeted and the amount actually spent or received • • • 2 on all items targeted for cost reduction or revenue increases. Any month in which 50% of the local share requirement under Sec. 18 of the Urban Mass Transfer Act is less than $1,862.00, .the City shall receive -a credit in the amount of the difference. -- Any such credits shall accrue from month to month. In the event 50% of the local share exceeds $1,862.00 for any month, any credits accrued by the City shall be debited for the difference. During the final month(s) of this contract Ozark Transit shall bill the City $1,862.00 per month less credits so that the City pays the actual local share the term of this contract if said actual local share accrued for is less than $20,482.00. In no event shall the City pay more than $1,862.00 per month under this contract. 3. At the end of each month during the term of this contract, Ozark Transit shall provide the City Board of Directors a report summarizing expenditures, revenues, and service statistics, including ridership volume. 4. Ozark Public Transit and the City Transit Board shall cooperatively do the following: (a) Develop a plan for transitioning public transit in Fayetteville from Sec. 18 to Sec. 5 of the Urban Mass Transportation Act of 1964. (b) Implement cost savings measures cooperatively developed by the City Transit Board and Ozark Public Transit. (c) Develop and implement apublic transportation community education program. • 45 _ At„all_times during Transit shall maintain motor the_term of _this Contract OzarkY_ Ozark,..„._ vehicle vehicle liability insurance with minimum coverage of $500,000 for personal injury or death or for property damage. a certificate of insurance and holder. The City shall be provided be designated as certificate • 5 - 3 6, Ozark Public Transit shall provide the Fayetteville Board of Directors with a copy of the following documents within 30 days after receiving them. (1)' Audit report completed by the Arkansas Highway and Transportation Department auditors of the Ozark Public Transit - AHTD contract for the period July 1, 1980 through June 30, 1981. (2) The combined independent CPA audit for all Community Resource Group, Inc. programs for the period September 1, 1980 through August 31, 1981. Delivery of the aforementioned documents to the chairman of the City Transit Committee shall satisfy this requirement. 7. Ozark Public Transit agrees to hold the City harmless from any claim, demands, or judgments against the City arising from Ozark Public Transit providing public transportation service under the terms of this Contract. 8. The term of this Contract shall commence August 1, 1981 and shall terminate June 30, 1982. 9. This Contract may be terminated by either party by giving written notice to the other party at least 10 days prior to the termination date. 10. This Contract may be modified or amended by written agreement of the parties. IN. WITNESS WHEREOF the parties have executed this Contract on the date first above written. ATTEST 3`d f City6U erk ATTEST: Secretary CITY FAYET ILLE, ARKANSAS By: a,,,e Mayor CO ' iNI' Y RESOURCE GROUP,X INC. By: s/r.` t V'✓�--/ President