HomeMy WebLinkAbout119-04 RESOLUTION•
RESOLUTION NO.119-04
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 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 3rd day of August 2004.
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ATTEST:
By
SONDRA SMITH, City Clerk
DAN COODY, Mayo
• •
CITY OF FAYETTEVILLE
CONTRA T FOR SERVICES
This Agreement is entered into on this r�Yof day of, 02001(between the City of
Fayetteville, hereinafter known as the "City" and Board of rus� University of Arkansas, acting
for and on behalf of the University of Arkansas, Fayetteville -- Razorback Transit, hereinafter known as
"UAF ," 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 UAF 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 UAF
agree as follows:
1. This Agreement will begin on the date first written above.
2. UAF agrees to develop, operate and maintain a fixed route public transit system and
allow Fayetteville residents free use of the same system. UAF reserves the right to refuse
service to anyone for violation of transit service rules. UAF reserves the right to
determine the route structure of the transit system.
3. UAF 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. UAF agrees to make available all records pertaining to public transit fixed route and
paratransit service, except those restricted by federal regulations, for review by the City
and City auditors as requested. UAF 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 the City
Chief Administrative Officer or his/her designee. The Project Coordinator for UAF will
be UAF 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 UAF.
6. Terms of Performance. The term of performance for this agreement will expire
December 31, 2004 and may be extended for one or more one-year tenns, up to an
additional three years, subject to approval of a budget containing funding for the service
and written agreement of both parties.
•
8. Budget. The City agrees to pay UAF and UAF agrees to accept as payment in full
for its services $25,000.00 for 2004. 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.
9. - UAF shall provide and maintain in force at all times during the term of the
contract, for its own employees, coverage for worker's compensation to the extent
required by law.
10. UAF 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 personal delivery to the address
below, or by certified mail, return receipt requested, in which case notice will be
effective three (3) days after deposit therein addressed to the following:
City of Fayetteville University of Arkansas
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 age ment,
without the express written consent of the other, nor shall this agreement be
construed to bestow any rights or benefits upon anyone other than UAF and the
City.
13. The parties agree and understand that this Agre ment 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 UAF.
16. Severability. Each paragraph of this agreement is severable from all other
paragraphs. If any paragraph or subparagraph is found to be invalid or
unenforceable for any reason, 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.
17. Non -Appropriation. The parties recognize that performance of this Contract by
UAF may be dependent in whole or in part upon the appropriation of state or
federal funds. If a state or federal legislative body fails to appropriate the
necessary funds, then by written notice to City, UAF may cancel all or the
remaining portion of this Agreement without further duty or obligation. In the
event that this Contract must be terminated prior to the end of the term pursuant to
this clause, the amounts due to UAF by City shall be pro -rated. The parties
recognize and understand that appropriation is a legislative act and is beyond the
control of UAF.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
University of Arkansas Cit of Fayetteville
I
Dan Coody, Mayor
Attested By: Attested By:
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 119-04
w/copy of agreement
Document
1
07/14/04
memo to City Council
2
draft resolution
3
draft Contract
for Services
4
chart of Razorback
Transit Funding
5
Staff Review Form
6
memo to Hugh Earnest -
7
8
9
10
11
12
13
14
15
16
17
NOTES:
2/7/04
Hugh Earnest has nevor returned this agreement to city
clerk
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
RES
�¢zoriazct Taasrf/
/244111c *and
TO: Fayetteville City Council
THROUGH: Dan Coody, Mayor
FROM: Hugh Earnest, Chief Administrative Officer
DATE: July 14, 2004
Subject: Annual funding for Razorback Transit
Recommendation
Staff recommends approval of the attached contract between the City and Razorback Transit.
Discussion
This contract and contract amount are for public transit services incorporated in the 2004 Budget.
Budget Impact
The budget for this item is $25,000.
• •
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 13? THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Ar a"ansas,
hereby approves a contract with the University of Arkansas Raz pck Tr nsit in
the amount of Twenty -Five Thousand Dollars ($25,0100).% provide public
transit service to the citizens of Fayetteville A copy of the contract, narked
Exhibit "A" is attached hereto and made aipart hereof.
PASSED and APPROVED this 3rd day of44
st 2004J
A 1!EST:
By: f
SOND124 SMITH, City Clerk
By:
SAN COODY, Mayor
• •
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This Agreement is entered into on this day of between the City of
Fayetteville, hereinafter known as the "City" and Board of Trustees of the University of Arkansas, acting
for and on behalf of the University of Arkansas, Fayetteville -- Razorback Transit, hereinafter known as
"UAF ," 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 UAF 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 UAF
agree as follows:
This Agreement will begin on the date first written above.
2. UAF agrees to develop, operate and maintain a fixed route public transit system and
allow Fayetteville residents free use of the same system. UAF reserves the right to refuse
service to anyone for violation of transit service rules. UAF reserves the right to
determine the route structure of the transit system.
UAF 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.
UAF agrees to make available all records pertaining to public transit fixed route and
paratransit service, except those restricted by federal regulations, for review by the City
and City auditors as requested. UAF 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 the City
Chief Administrative Officer or his/her designee. The Project Coordinator for UAF will
be UAF 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 UAF.
6. Terms of Performance. The teen of performance for this agreement will expire
December 31, 2004 and may be extended for one or more one-year terms, up to an
additional three years, subject to approval of a budget containing funding for the service
and written agreement of both parties.
•
8. Budget. The City agrees to pay UAF and UAF agrees to accept as payment in full
for its services $25,000.00 for 2004. 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.
9. UAF shall provide and maintain in force at all times during the term of the
contract, for its own employees, coverage for worker's compensation to the extent
required by law.
10. UAF 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 personal delivery to the address
below, or by certified mail, return receipt requested, in which case notice will be
effective three (3) days after deposit therein addressed to the following:
City of Fayetteville University of Arkansas
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 be
construed to bestow any rights or benefits upon anyone other than UAF and the
City.
13. The parties agree and understand that this Agreement is exclusive of any and all
other agre ments, 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 UAF:
16. Severability. Each paragraph of this agreement is severable from all other
paragraphs. If any paragraph or subparagraph is found to be invalid or
• •
unenforceable for any reason, 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.
17. Non -Appropriation. The parties recognize that performance of this Contract by
UAF may be dependent in whole or in part upon the appropriation of state or
federal funds. If a state or federal legislative body fails to appropriate the
necessary funds, then by written notice to City, UAF may cancel all or the
remaining portion of this Agreement without further duty or obligation. In the
event that this Contract must be terminated prior to the end of the term pursuant to
this clause, the amounts due to UAF by City shall be pro -rated. The parties
recognize and understand that appropriation is a legislative act and is beyond the
control of UAF.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
University of Arkansas City of Fayetteville
Dan Coody, Mayor
Attested By: Attested By:
XX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
• STAFF REVIEW FORM •
For the Fayetteville City Council Meeting of: August3,2004
FROM:
Hugh Earnest
Name
Chief Administrative Officer General Government
Division Department
ACTION REQUIRED: Approval of a contract with Razorback Transit for public transit services in 2004 at
a cost of $25,000.
COST TO CITY:
$25,000.00 $ 25,000.00 Transfers
Cost of this request
1010-6600-5726.00
Account Number
Project Number
Program Category / Project Name
$ Miscellaneous
Funds Used to Date Program / Project Category Name
25,000.00 General Fund
Remaining Balance Fund Name
BUDGET EVIEW:
Ne- Budgeted Item Budget Adjustment Attached
Budget Manager(—' Date
CONT$jiCT/GRANT/LEASE REVIEW:
Accounting Manager
City Attorney
97)S'/091 20,U SN,Lare, -i /15/0Y
Date Internal ditor Date
7fc5Iac{ —PQ
Date Purchasing Manager Date
STAFF RECOMMENDATION: Approval of contract.
Division Head
Department Director
Fi ance s Internal Services Dir.
Chief
.000
2-l.s-
fdministra Ave Offf cer Date
1L1 /
Ma or Date
J:1City Council\Razor.�j:nsit Contract Staff_Review.xlt
Date
Date
Date
Cross Reference
New Item:
Yes No
Previous Ord/Res#:
Orig. Contract Date
Orig. Contract Number
410$taff Review Form - Page 2
•
Description Meeting Date
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Cwdrae t o -t S r g,„24 4 y
p
Grants Coordinator
Reference Comments:
J:\City Council\Razorback Transit Contract Staff_Review.xlt
FAYETTE,ILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: Hugh Earnest
Chief Administrative Officer
From: Clarice Buffalohead-Pearman610
City Clerk Division
Date: August 9, 2004
Re: Resolution No. 119-04
The City Council passed a resolution, August 9, 2004, approving a contract with Razorback Transit for
public transit services. I have attached a copy of the resolution and the original of the contract. Please get
the appropriate signature on the contract and return the original to me. Thanks for your help.
The resolution with attachments will be recorded in the city clerk's office and microfilmed upon receipt of
the contract. Please let the clerk's office know if anything else is needed.
/cbp
attachments
cc: Nancy Smith, Internal Auditor