HomeMy WebLinkAbout10-08 RESOLUTIONRESOLUTION NO.10-08
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF
$50,000.00 WITH THE UNIVERSITY OF ARKANSAS RAZORBACK
TRANSIT TO PROVIDE PUBLIC TRANSIT SERVICES.
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 in the amount of $50,000.00 with the University of Arkansas
Razorback Transit to provide public transit services. A copy of the contract, marked
Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 15th day of January, 2008.
APPROVED:
By:
DAN COODY, Mayor
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CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This agreement is entered into on this 15th day oftidMERY, 2002 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:
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 describe 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 the Agreement, the Project Coordinator for the City will be the Mayor
or his/her designee. The Project Coordinator for UAF will be UAF Transit and Parking
Director or his/her 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, 2008 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.
7. Budget. The City agrees to pay UAF and UAF agrees to accept as payment in full for its
services $50,000 for 2008. 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.
8. UAF shall provide and maintain in force at all times during the term of the agreement, for
its own employees, coverage for worker's compensation to the extent required by law.
9. 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.
10. 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, retum receipt requested, in which case notice will be effective three (3)
days after deposit therein addressed to the following:
Mayor
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
Transit and Parking Director
University of Arkansas
155 Razorback Road ADSB 131
Fayetteville, AR 72701
11. 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.
12. The parties agree and understand that this Agreement is ekclusive 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.
13. 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.
14. 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 UAF and the City.
15. 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.
16. Interpretation. The 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 the Agreement 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 the Agreement without
further duty or obligation. In the event that this agreement 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 the 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
Title: VI e- NIA'►Ijgr
Attested
By
Dan Coody, Mayor
By: v��v^�4By:
Title: 44 PG. IA c,
Sondra Smith, City Clerk
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:FAYETTEVILLE:
"sig, o : tia
Susan Thomas
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
1/15/2008
City Council Meeting Date
Public Information
Division
Action Required:
General Government
Department
Resolution approving a contract between the Univiversity of Arkansas Razorback Transit and the City of Fayetteville
in the amount of $50,000 for transit services.
50,000.00
Cost of this request
1010-6600-5728-00
Account Number
Project Number
Budgeted Item
X
50,000.00
Category / Prooect Budget
Funds Used to Date
Miscellaneous
Program Category / Project Name
Transfer to Outside Agencies
Program / Project Category Name
50,000.00 General Fund
Remaining Balance
Budget Adjustment Attached
Fund Name
Department Di/ fectorr
DD
City Attorn
JP ad o.. a.J,,,
12/21/2007
Date
IZfJ4 $7
Date
tz-3►-o7
Finance and Internal Service Director
Mayor
Comments:
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
aD7
rayetwygle
City Council Memo
TO: Mayor Coody and City Council
FROM: Susan B. Thomas, Ph.D., Public Information & Policy Advisor
DATE: December 28, 2007
SUBJECT: Annual Funding for Razorback Transit
RECOMMENDATION
Approval of the attached contract between the City of Fayetteville and the University of Arkansas
Razorback Transit.
DISCUSSION
The contract and contract amount are for public transit services incorporated into the 2008
budget.
BUDGET IMPACT
The budget for this item is $50,000.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT
OF $50,000 00 WITH THE UNIVERSITY OF ARKANSAS
RAZORBACK TRANSIT TO PROVIDE PUBLIC TRANSIT
SERVICES.
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 in the amount of $50,000.00 with the University of
Arkansas Razorback Transit to provide public transit services. A copy of the
contract, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 15th day of January, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This agreement is entered into on this day of , 200 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:
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 describe 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 the Agreement, the Project Coordinator for the City will be the Mayor
or his/her designee. The Project Coordinator for UAF will be UAF Transit and Parking
Director or his/her 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, 2008 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.
7. Budget. The City agrees to pay UAF and UAF agrees to accept as payment in full for its
services $50,000 for 2008. 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.
8. UAF shall provide and maintain in force at all times during the term of the agreement, for
its own employees, coverage for worker's compensation to the extent required by law.
9. 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.
10. Notices. All notices required or permitted under this agreement will be submitted in
wnting 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:
Mayor Transit and Parking Director
City of Fayetteville University of Arkansas
113 W Mountain 155 Razorback Road ADSB 131
Fayetteville, AR 72701 Fayetteville, AR 72701
11. 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.
12. 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.
13. 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.
14. 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 UAF and the City.
15. 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.
16. Interpretation. The 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 the Agreement 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 the Agreement without
further duty or obligation. In the event that this agreement 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 the 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
By: By:
Dan Coody, Mayor
Title:
Attested Attested
By: By:
Sondra Smith, City Clerk
Title:
�Pa9e_1�j
1(1.18.08) Clarice Pearman ;Res. 10-08
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Thomas, Susan
1.18.08 4:33 PM
Res. 10-08
10-08 Razorback Transit.pdf
CC: Audit
Susan:
Attached is a copy of the above resolution passed by City Coundl. I also attach a copy of the signed agreement with
Razorback Transit. I will forward to you one of two agreements via Interoffice mail. Please let me know if there is anything
else needed for this item. Have a good weekend.
Thanks.
Clarice