HomeMy WebLinkAbout102-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 102-17
File Number: 2017-0216
UNIVERSITY OF ARKANSAS - RAZORBACK TRANSIT:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH THE UNIVERSITY OF ARKANSAS
- RAZORBACK TRANSIT WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE
YEAR TERMS IN AN ANNUAL AMOUNT OF $250,000.00 FOR THE PROVISION OF 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 one year
contract, a copy of which is attached to this Resolution and made a part hereof, with the University of
Arkansas - Razorback Transit with automatic renewals for up to four additional one year terms in an
annual amount of $250,000.00 for the provision of public transit services within the City of Fayetteville.
PASSED and APPROVED on 5/2/2017
Attest:
--__ LGil.
Sondra E. Smith, City Clerk Tre
aliferr�r�r
.!` v� •'Gtr Y OF
FAYETTEVILLE;
G, "i,
moi_ dms-.`�`�+
Page 1 511117
"7�ld!! 111111'►i��
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2017-0216
Agenda Date: 5/2/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 7
UNIVERSITY OF ARKANSAS - RAZORBACK TRANSIT:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH THE UNIVERSITY OF
ARKANSAS - RAZORBACK TRANSIT WITH AUTOMATIC RENEWALS FOR UP TO FOUR
ADDITIONAL ONE YEAR TERMS IN AN ANNUAL AMOUNT OF $250,000.00 FOR THE
PROVISION OF PUBLIC TRANSIT SERVICES WITHIN THE CITY OF FAYETTEVILLE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a one year
contract, a copy of which is attached to this Resolution and made a part hereof, with the University of
Arkansas - Razorback Transit with automatic renewals for up to four additional one year terms in an
annual amount of $250,000.00 for the provision of public transit services within the City of Fayetteville.
City of Fayetteville, Arkansas Page 1 Printed on 5/1/2017
Don Marr
Submitted By
4
City of Fayetteville Staff Review Form
20.7-02,
Legistar File lid
5/2/2117
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/14/2017 Chief of Staff
Submitted Date Division / Department
Action Recommendation:
Approval of a contract with the University of Arkansas (Razorback Transit) regarding public transit services within
the City of Fayetteville including four additional one year renewals.
Budget Impact:
2100.410.4100-5728.00 Street
Account Number
40901.4005
Project Number
Budgeted Item? Yes
Fund
Outside Agencies Funding
Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Project Title
l
250,000.00
62,500.00
187, 500.00
V20140710
Previous Ordinance or Resolution # 101-12
Original Contract Number:
Comments:
Approval Date:
CITY OF
7•
CITY COUNCIL AGENDA MEMO
31 Tj ay ARKAN5A5
MEETING OF MARCH 21, 2017
TO: Mayor Lioneld Jordan and Fayetteville City Council
THRU: Mayor Lioneld Jordan
Kit Williams, City Attorney
FROM: Don Marr, Chief of Staff
DATE: Friday, April 14, 2017
SUBJECT: Contract with the 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
pass a resolution and approve the attached agreement for fixed route public 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 May 15, 2012 via City Council Resolution 101-12. Recently, the City
became aware the current contract is expired and a new contract would be required in order to
pay invoices for services in 2017. The City Council approved funding these services as part of
the 2017 adopted budget (Resolution 218-16).
DISCUSSION:
This contract period will cover the period of January 01, 2017 through December 31, 2017 and
the contract will automatically renew and extend for up to an additional four one-year terms if the
City's budget containing funding for the service is approve 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 including reporting and payment terms are included. This
contract includes an item, originally added in 2012, 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.
BUDGET/STAFF IMPACT:
The City Council approved $250,000 in the 2017 Budget for these services.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
Staff Review Form
Staff Review Memo
Contract for Services between the University of Arkansas and City of Fayetteville
Resolution 101-12
CITY OF Contract for Services
Between the City of Fayetteville, 7AR
`� And the University of Arkansas
ARKANSAS Term: One year with four one year renewals
This agreement is entered into on this Ana day of 2017 between the City of
Fayetteville, hereinafter known at the "City" and the Board of Trustees ot 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 continues the previous contract entered into on January 15, 2008 and shall cover the period of
January 1, 2017 through December 31, 2021 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 concerning 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 transitfixed 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,
5. Terms of performance. The term of performance for this agreement will expire December 31, 2017 but will
automatically be renewed and extended for up to an additional four 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 $250,000 for 2017.
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, Payments shall be made on a quarterly basis. .
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.
11 Page
9. UAF shall render to the City a Request for Payment at the end of each quarter and the City will pay the invoice
within thirty (30) calendar days of receiving the invoice.
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) business days after deposit therein address to the following;
Mayor Transit & Parking Director
City of Fayetteville, AR University of Arkansas
113 Mountain 155 S. 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,'Awaiver 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.
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, in Washington County.
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 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.
18. 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 $250,000.00 annualized funding to Razorback
Transit.
IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above.
2 1 P a e
UNIVERSITY OF ARKANSAS
By: ox
VICE CHANCELL
FINANCE & AD NIIITRATIONf } jj
Printed Name: �^� 1dn.�a If
ATTEST:
By:
Printed Name:
Title:
ATTEST:. "
Sondra E. Smith, City Clerk, TreaWoml!i 14z
K I �,
rww.wr i
G1T y 0'. �F
E r
w �
EAyErTEVILLE*A=
w
N4 iON�� p��`ti
31Pa
RESOLUTION 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 FAYETTEV ILLE
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 I? day of May, 2012.
APPROVED:
ATTEST:
By: By
IO LD J,0A4AA, Mayor SONDRA E. SMITH, City Clerk/Treasurer
0,0
: FAYETTEVILLE',
� � l
r�r: f141rt*�ttl i4'r