HomeMy WebLinkAbout101-12 RESOLUTIONRESOLUTION NO. 101-12
A RESOLUTION APPROVING A CONTRACT WITH THE UNIVERSITY OF
ARKANSAS (RAZORBACK TRANSIT) IN AN ANNUAL AMOUNT OF
$50,000.00 REGARDING PUBLIC TRANSIT SERVICES WITHIN THE CITY
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), a copy of which is attached as
Exhibit "A", in an annual amount of $50,000.00 regarding public transit services within the City
of Fayetteville.
PASSED and APPROVED this 15th day of May, 2012.
APPROVED: ATTEST:
By:
•
By:
SONDRA E SMITH, City Clerk/Treasurer
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:FAYErr EVILLE;
Don Marr, Chief of Staff
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/15/2012
City Council Meeting Date
Agenda Items Only
Mayor's Administration
Division
Action Required:
Chief of Staff
Department
Resolution to approve a contract with Razorback Transit for Public Transit Services within the City of Fayetteville..
50,000.00
Cost of this request
1010.6600.5728.00
Account Number
Project Number
Budgeted Item
X
50,000.00
Category / Project Budget
Outside Ageny Funding
Program Category / Project Name
Funds Used to Date Program / Project Category Name
$ 50,000.00
Remaining Balance Fund Name
Budget Adjustment Attached
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De artment Director
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Date
Finance and Internal Services Director Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 04-25-12P02:50 RCVD
Clerk's Office
Comments:
Revised January 15, 2009
AneeNSAe
ARKANSAS
City Council Agenda Memo
City Council Meeting Date:
May 15, 2012
To: Mayor and Members of the City Council
From: Don Marr, Chief of Staff W v
Thru: Mayor Jordan -Vg
Kit Williams, City Attorney
Date: April 27, 2012
Subject: Contract with University of Arkansas, Fayetteville - Razorback Transit for fixed route
Public Transit Services within the City of Fayetteville
Recommendation:
The City Staff and Administration recommend on behalf of the Mayor's office that the City Council
of the City of Fayetteville, AR, pass a resolution and approve a contract of $50,000 for fixed route
public transit services within the City of Fayetteville to be provided by the University of Arkansas,
Fayetteville - Razorback Transit.
Background:
The City of Fayetteville had a prior contract with the University of Arkansas, Fayetteville -
Razorback Transit to provide fixed route public transit services within the city limits of Fayetteville
that was last approved January 15, 2008. The City became aware that the contract expired on
12/31/2011 and a new contract would be required in order to pay invoices for services in 2012.
The City Council approved funding these services as apart of the 2012 Budget approval. This
contract period will cover the period of January 1, 2012 and December 31, 2012; and the contract
will automatically renew and extend for up to an additional three one-year terms if the City's
budget containing funding for the service is approved by the City Council for the next year and
the University of Arkansas Fayetteville agrees to continue the service.
The specific details (of the contract (reporting, payment terms, etc. ) are included. This contract
has a new contract item (item #18) which specifically states that should the University of Arkansas
Fayetteville or its transit unit receive new or additional funding from a local sales tax, both parties
shall meet to determine whether this agreement should be mutually terminated or amended
because of this new funding source. The City may elect to discontinue funding called for in this
contract and terminate this contract without penalty if a new or additional local sales tax provides
at least $50,000 annualized funding to Razorback Transit. This clause was added because of the
unknown nature of the upcoming public transit tax vote, and the distribution of funds by the
Quorum Court of Washington County.
The City attorney's office drafted the contract in coordination with the UAF Transit management
staff and review by the University legal team. Two signed copies of the contract have been
submitted to the City and will be signed by the Mayor pending City Council approval.
Budget:
The City Council approved $50,000 in the 2012 Budget approval for these services.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
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•
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH THE UNIVERSITY OF
ARKANSAS (RAZORBACK TRANSIT) IN AN ANNUAL AMOUNT OF
$50,000.00 REGARDING PUBLIC TRANSIT SERVICES WITHIN THE CITY
OF FAYETTEVILLE
BE IT RESOLVED BY THE CITY COUNCIL IOF 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), a copy of which is attached as
Exhibit "A", in an annual amount of $50,000.00 regarding public transit services within the City
of Fayetteville.
PASSED and APPROVED this 15th day of May, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CITY OF FAYETTEVILLE
CONTRACT FOR SERVICES
This agreement is entered into on this If day of AvA 1 , 2012 between
the City of Fayetteville, hereinafter known at the "City" an the 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", and 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 continues the previous contract entered into on January 15, 2008 and
shall cover the period of January 1, 2012 through December 31, 2012 unless terminated or
amended pursuant to ¶ 18.
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 annual reports to the City that describe the activities
undertaken during the preceding period conceming its public transit system and also report on
the following performance measure: estimated number of passengers by route. The annual
reports to be submitted to the Project Coordinator as soon as practical after the end of the year.
The data will be reported for the current year and prior year.
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 the 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.
EXHIBIT
A
6. Terms of performance. The term of performance for this agreement will expire
December 31, 2012 but will automatically be renewed and extended for up to an additional three
one-year terms if the City's budget containing funding for the service is approved by the City
Council for the next year and the UAF agrees to continue the service.
7. Budget. The City agrees to pay UAF and UAF agrees to accept as payment in full for its
services $50,000.00 for 2012. 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 quarter and the
City will pay the invoice of $12,500.00 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 or the address below, or by
certified mail, return receipt requested, in which case notice will be effective three (3) days after
deposit therein address to the following:
Mayor
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Transit & Parking Director
University of Arkansas
155 S. Razorback Road ADSB 131
Fayetteville, AR 72701
1 /. 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 breeches by
either party.
/4. 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.
2
16. Interpretation. The contract shall be interpreted according to and enforced under the
laws of the State of Arkansas.
/7. 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 of 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 prorated. The parties recognize
and understand the appropriation is a legislative act and is beyond the control of UAF.
/8. If the UAF or its transit unit receives new or additional funding from a local sales
tax, both parties shall meet to determine whether this agreement should be mutually terminated
or amended because of this new funding source. The City may elect to discontinue funding
called for in this contract and terminate this contract without penalty if a new or additional local
sales tax provides at least $50,000.00 annualized funding to Razorback Transit.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written
above.
UNIVERSITY OF ARKANSAS
By:
VICE CHANCECCOR FOR
Title: FINANrE $ AIIMINISTRATIf1N
3
CITY OF FAYETTEVILLE
ATTEST. Stitt -
Sondra
By: tie
E. Smith, City Clerk