HomeMy WebLinkAbout162-03 RESOLUTION• •
RESOLUTION NO. 162-03
A RESOLUTION APPROVING A CONTRACT WITH THE
UNIVERSITY OF ARKANSAS RAZORBACK TRANSIT IN THE
AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
(525,000.00) TO PROVIDE PUBLIC TRANSIT SERVICE TO THE
CITIZENS OF FAYETTEVILLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a contract with the University of Arkansas Razorback Transit in
the amount of Twenty -Five Thousand Dollars ($25,000.00) to provide public
transit service to the citizens of Fayetteville. A copy of the contract, marked
Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 4th day of November, 2003.
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°SONDRA SMITH, City Clerk
DAN COODY, Mayor
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CITY OF FAYETI'EVILLE
CONTRACT FOR SERVICES
This Agreement is entered into on this "kb day of NOVion gr 0203 between the City of
Fayetteville, hereinafter known as the "City" and University of Arkansas Razorback Transit, hereinafter
known as "Razorback ," an Arkansas governmental unit.
WHEREAS the City has determined that a public need exists for fixed route public transit services
within the city limits of Fayetteville.
WHEREAS Razorback has developed a fixed route public transit service within the City limits
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and
Razorback agree as follows:
1. This Agreement will begin on the date first written above.
2. The University of Arkansas Razorback Transit (Razorback) agrees to develop, operate
and maintain a fixed route public transit system and allow Fayetteville residents free use
of the same system. Razorback reserves the right to refuse service to anyone for violation
of transit service rules.
3. Razorback agrees to provide written quarterly and annual reports to the City that
describes the activities undertaken during the preceding period concerning its public
transit system and also report on the following performance measure: Estimated number
of passengers by route. The quarterly reports are to be submitted to the Project
Coordinator as soon as practical after the end of the quarter. The data will be reported for
the current quarter, current year-to-date, and prior year-to-date.
4. Razorback agrees to make available all records pertaining to public transit fixcd route and
paratransit service, except those restricted by federal regulations, for review by the City
and City auditors as requested. Razorback agrees to comply with the Arkansas Freedom
of Information Act as applicable.
5. For the purpose of this Agreement, the Project Coordinator for the City will be Hugh
Earnest, Chief Administrative Officer or his/her designee. The Project Coordinator for
Razorback will be Razorback Transit and Parking Director Gary Smith or his successor
or designee_ Communications pertaining to this agreement will be through the respective
Project Coordinators for the City and Razorback.
6. Terms of Performance. The term of performance for this agreement will expire
December 31, 2003 and may be extended for an additional three years subject to approval
of a budget containing funding for the service and written agreement of both parties.
7. Razorback will hold harmless, defend, and indemnify the City, from any and all claims,
actions, suits, charges and judgments whatsoever that arise out of the performance or
nonperformance of the services or subject matter in this Agreement.
• •
8. Budget. The City agrees to pay Razorback and Razorback agrees to accept as
payment in full for its services $25,000.00 for 2003. The amounts to be paid for
services in future budget years are dependent on the amounts appropriated by City
Council for each budget year. It is understood that a reduction in City funding
may require a reduction in transit service.
Razorback must provide and maintain in force at all times during the term of the
contract insurance for worker's compensation as provided by state statute.
10. Razorback shall render to the City, a Request for Payment at the end of each year
and the City will pay the invoice within thirty days of receiving the invoice in the
City's Accounting Division.
11. Notices. All notices required or permitted under this agreement will be submitted
in writing to the other party in this agreement by certified mail, return receipt
requested, which notice will be effective three (3) days after deposit therein
addressed to the following:
City of Fayetteville Razorback Transit and Parking
Dan Coody Gary Smith
Mayor Director
113 West Mountain St. 155 Razorback Road ADSB 131
Fayetteville, AR 72701 Fayetteville, AR 72701
12. Neither party may assign any of its rights or obligations under this agreement,
without the express written consent of the other. Nor shall this agreement shall be
construed to bestow any rights or benefits upon anyone other than Razorback and
the City.
13. The parties agree and understand that this Agreement is exclusive of any and all.
other agreements, and that it in no way alters, amends or abridges any rights,
obligations or duties of the parties contained in such agreements.
14. A waiver by either party of any of the terms or conditions herein shall be limited
to that particular instance, and shall not be construed as a general waiver of any
other breaches by either party.
15. This Agreement constitutes the entire understanding of the parties, and no
modification or variation of the terms of this agreement shall be valid unless made
in writing and signed by the duly authorized agents of the City and Razorback.
16. Severability. Each paragraph of this agreement is severable from all other
paragraphs. In the event any court of competent ,jurisdiction determines that any
paragraph or subparagraph is invalid or unenforceable for any rcason, all
remaining paragraphs and subparagraphs will remain in full force and effect.
• •
17. Interpretation. This contract shall be interpreted according to and enforced under
the laws of the State of Arkansas.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
University of Arkansas
Attested By: Attested By:
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
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Resolution No. 162-03
Document
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1
11.4.03
Res 162-03 w/copy
agreement signed by Mayor only
Hugh Eamest has not returned the original
2
10.9.03
Staff Review Form w/attachments
memo to mayor & city council
draft resolution
3
)I.
I. V 3
memo to Hugh
Eamest
NOTES:
XX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
•
STAFF REVIEW FORM
For the Fayetteville City Council Meeting of:
November 4, 2003
FROM:
Hugh Eamest
Name
Chief Administrative Officer General Govemment
Division Department
ACTION REQUIRED: Approval of a contract with Razorback Transit for public transit services in 2003 at
a cost of $25,000.
COST TO CITY:
$25,000.00 $ 25,000.00 Transfers
Cost of this request
2100-9100-5728.00 $
Account Number
Project Number
Program Category / Project Name
Street Operations & Admin.
Funds Used to Date Program / Project Category Name
25,000.00 Street Fund
Remaining Balance Fund Name
BUDGET REVIEW:
__ Budgeted Item Budget Adjustment Attached
Budget Manager
Date
CONTRACT/GRANT//LLLE�A,SJEE REVIEW: /P/off
Accounting Manager " /O Date Internal ljuditor
7-A4, ., r
City Attorney
OASr
Da
STAFF RECOMMENDATION: Approval of contract.
Division Head Date
Purchasing Manager
Cross Reference
New Item:
Yes No
Department Director Date Previous Ord/Resp:
Orig. Contract Date
Orig. Contract Number
artce'& Internal Services Dir.
d / d Baia_' •
Chief strative strative Officer Date
Date
D- 2-v3
Mayor
K:\Steve Davis\City
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Date
iI\Razorback Transit Contract Staff_Review.xlt
/0/8/0,3
Date
1°)9.i
Date
Description
Comments:
Budget Manager
• Staff Review Form - Page 2 •
Meeting Date
Reference Comments:
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
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Grants Coordinator
K\Steve Davis\City Council\Razorback Transit Contract Staff_Review.xlt
FAYETTEVIPLLE
THE CITY OF FAYETTEVILLE. ARKANSAS
•
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
November 4, 2003 City Council Meeting
Fayetteville City Council
Dan Coody, Mayor
Hugh Earnest, Chief Administrative Officero�
October 7, 2003 i%%
A resolution approving a contract with Razorback Transit for fixed
route public transit services within Fayetteville for 2003.
Recommendation: Staff recommends approval of the contract for 2003.
Background: The City has paid Razorback Transit for public transit services
over the past several years. The amounts have varied between $20,000 and $30,000.
Over the past two years a more consolidated approach to providing public transit services
has emerged with the re -birth of Ozark Regional Transit as a transit authority. This new
consolidated effort has led to increased cooperation between the two primary providers of
public transit services: Ozark Regional Transit (ORT) and Razorback Transit.
Discussion: The City's payment to Razorback Transit for public transit services
recognizes the transit services afforded city residents. Citizens using Razorback Transit
do not have to pay at the bus. Additionally, Razorback Transit operates a para -transit
service that mirrors the fixed routes and this para -transit service is also provided free.
Budget Impact: The cost of this request is S25,000 and is budgeted in Street Fund.
The agreement may be extended for three additional years subject to approval of a budget
containing funding for the agreement. Staff has recommended S25,000 annually for this
contract for 2004 and 2005. Razorback Transit has not objected to the funding levels
proposed for 2004 and 2005.
K:\Steve Davis\City Council\Razorback Transit council agenda memo.doc
113 WEST MOUNTAIN 72701 479-521.7700
FAX 479.5758257
• •
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH THE
UNIVERSITY OF ARKANSAS RAZORBACK TRANSIT IN THE
AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) TO PROVIDE PUBLIC TRANSIT SERVICE TO THE
CITIZENS OF FAYETTEVILLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville Arkansas,
hereby approves a contract with the University of Arkansas Razorback:Tea' in
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the amount of Twenty -Five Thousand Dollars ($25,000.000041 i e. ublic
transit service to the citizens of Fayetteville. A copy 914elco�n_ act, f rked
Exhibit "A" is attached hereto and made a part hereof.=ri
PASSED and APPROVED this 4m day of N/umber, 2003, �,
1
ROVED: 4•••
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1
'{1:1AI'jjCe,
DY, Mayor
FAYETTEVIPLLE
THE CITY OF SAYETTEVIIII. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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Hugh Eamest
Administration
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: November 7, 2003
Re: Res. No. 162-03
Attached is an executed copy of the above resolution, approved by the City Council on November
4, 2003, approving a contract with the University of Arkansas Razorback Transit to provide transit
service to the citizens of Fayetteville. I have _secured the Mayor's signature on the attached
contract as approved. Please secure signature of the appropriate person from the University of
Arkansas on the contract and return to our office. Thank you for your cooperation.
/cbp
attachments