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Home My WebLink AboutORDINANCE 6031F1777-0/ West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6031 File Number: 2017-0755 OZARK REGIONAL TRANSIT, INC. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A FIVE-YEAR CONTRACT WITH OZARK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $422,908.00 IN 2018, AND SUBJECT TO ANNUAL BUDGET APPROVAL IN FUTURE YEARS, FOR PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS WHEREAS, Ozark Regional Transit, Inc. has operated a transit system in the City of Fayetteville since 1999 when the City Council authorized the transfer and sale of City trolleys in exchange for transportation services for Fayetteville residents; and WHEREAS, in 2002, the City of Fayetteville first entered into an interlocal agreement with other cities and counties in Northwest Arkansas which allowed the City to become part of the Ozark Transit Authority, which is served by Ozark Regional Transit, Inc. and which is the only provider of public transit services connecting Fayetteville residents with other parts of Northwest Arkansas; and WHEREAS, the agreement should be updated to address how annual payments are handled and to include language consistent with the City's standard contract terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a five-year contract between the City of Fayetteville, Arkansas and Ozark Regional Transit, Inc. in the amount of $422,908.00 in 2018, and subject to annual budget approval in future years, for public transit services for Fayetteville residents. Page 1 Printed on 115118 Ordinance: 6031 File &mber.• 2017-0755 PASSED and APPROVED on 1/2/2018 Approved: Lioneld Attest: Jt -r-" & , , L -1 V -Id - Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 113118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 3; (479) 575-8323 :.: Text File File Number: 2017-0755 Agenda Date: 1/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 12 OZARK REGIONAL TRANSIT, INC. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A FIVE-YEAR CONTRACT WITH OZARK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $300,000.00 IN 2018, AND SUBJECT TO ANNUAL BUDGET APPROVAL IN FUTURE YEARS, FOR PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS WHEREAS, Ozark Regional Transit, Inc. has operated a transit system in the City of Fayetteville since 1999 when the City Council authorized the transfer and sale of City trolleys in exchange for transportation services for Fayetteville residents; and WHEREAS, in 2002, the City of Fayetteville first entered into an interlocal agreement with other cities and counties in Northwest Arkansas which allowed the City to become part of the Ozark Transit Authority, which is served by Ozark Regional Transit, Inc. and which is the only provider of public transit services connecting Fayetteville residents with other parts of Northwest Arkansas; and WHEREAS, the agreement should be updated to address how annual payments are handled and to include language consistent with the City's standard contract terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a five-year contract between the City of Fayetteville, Arkansas and Ozark Regional Transit, Inc. in the amount of $300,000.00 in 2018, and subject to annual budget approval in future years, for public transit services for Fayetteville residents. City of Fayetteville, Arkansas Page 1 Printed on 113/2018 Andrea Rennie Submitted By City of Fayetteville Staff Review Form 2017-0755 Legistar File ID 1/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2017 PURCHASING (160) Submitted Date Division / Department Action Recommendation: An ordinance to waive the requirements of formal competitive bidding and to enter into an agreement with Ozark Regional Transit, Inc. (ORT) for a one-year contract, renewable for up to four additional one-year terms for transit services. City Council appropriations for 2018 included $300,000 for this contract. Future renewals are subject to amounts appropriated by City Council for each budget year. 2100.410.4100-5723.00 Account Number 40901.4001 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Street Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # See below Original Contract Number: Approval Date: Comments: Previous: Ordinance 4418 (September 17, 2002), Ordinance 5334 (July 06, 2010) Fund Outside Agencies Funding / Ozarks Regional Transit Project Title Current Budget $ 300,000.00 Funds Obligated $ - Current Balance $ 300,000.00 Item Cost $ 300,000.00 Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # See below Original Contract Number: Approval Date: Comments: Previous: Ordinance 4418 (September 17, 2002), Ordinance 5334 (July 06, 2010) CITY OF FAYETTEVILLE r'`' ARKANSAS TO: Mayor Jordan and Fayetteville City Council THRU: Don Marr, Chief of Staff Paul A. Becker, Chief Financial Officer FROM: Andrea Rennie, Purchasing Manager DATE: Friday, December 15, 2017 SUBJECT: Renewable agreement with Ozark Regional Transit STAFF 'MEMO RECOMMENDATION: An ordinance to waive the requirements of formal competitive bidding and to enter into an agreement with Ozark Regional Transit, Inc. (ORT) for a one-year contract, renewable for up to four additional one-year terms for transit services. City Council appropriations for 2018 included $300,000 for this contract. Future renewals are subject to amounts appropriated by City Council for each budget year. BACKGROUND: In 1999, the Fayetteville City Council authorized the transfer and sale of all City trolleys to Ozark Regional Transit in exchange for transportation services for Fayetteville citizens. In 2002, the Public Transit System Act enabled the City to become part of a public transit authority, known as Ozark Transit Authority, after approval of an interlocal agreement (Ordinance 4418). The 2002 agreement was amended in 2010 (Ordinance 5334) including items such as board terms, board structure and board member additions. A new agreement is needed at this time to address how annual payments are handled and to update the contract with ORT to language in line with the City's standard contract terms. The Ozark Transit Authority currently operates transit services for Washington, Benton, Carroll, and Madison Counties. ORT's mission statement states it "is dedicated to providing safe, reliable and affordable public transportation to both the rural and urban residents of the four -county area within our jurisdiction." Don Marr, Chief of Staff, currently serves as the representative for the City of Fayetteville through 05/31/2021. DISCUSSION: The recommended contract is for one-year with up to four one-year renewable terms. Subsequent renewals are subject to amounts appropriated by City Council for each budget year. Payments will be made at the beginning of each quarter. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: This is a budgeted expense and includes $300,000 as appropriated by City Council for the 2018 budget. Attachments: Contract for Services with ORT (3 pages) 2 CITY OF 4.100M FAYETTEVtLLE ARKANSAS Contract for Services Between the City of Fayetteville, AR and the Ozark Regional Transit Term: One year with four one-year renewals This agreement is entered into on this Oq62Aday of�= 201 between the City of Fayetteville, hereinafter known at the "City" and the Ozark Regional Transit, Inc. h reinafter known as "ORT WHEREAS, the City has determined that a public need exists for fixed route public transit services within the city limits of Fayetteville; WHEREAS, the Ozark Transit Authority was created in 2002 by Washington, Benton, Carroll and Madison counties and the cities of Fayetteville, Springdale, Rogers, and Bentonville; WHEREAS, the City has an interlocal agreement providing for participation for the City of Fayetteville with Ozark Transit Authority; WHEREAS, the Ozark Transit Authority contracts with Ozark Regional Transit, Inc. (ORT) for public transportation services; WHEREAS, ORT is dedicated to providing safe, reliable and affordable public transportation to both the rural and urban residents of the four -county area within its jurisdiction; AND NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and ORT agree as follows: 1. This agreement shall cover the period of January 1, 2018 through December 31, 2022 unless terminated or amended. 2. ORT agrees to develop, operate and maintain a fixed route public transit system and allow Fayetteville residents use of the same system. ORT reserves the right to refuse service to anyone for violation of transit service rules. ORT reserves the right to determine the route structure of the transit system. 3. ORT 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. ORT 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. ORT 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 ORT will be the ORT Transit and Parking Director or his/her designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and ORT. 6. Terms of performance. The term of performance for this agreement will expire December 31, 2018 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 ORT agrees to continue the service. 11 Page Amended Contract per City Council meeting 01/02/2018 01.08.2018 7. Budget. The City agrees to pay ORT and ORT agrees to accept as payment in full for its services 422 908 for 2018. The amounts to be paid for services in future budget years shall be 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. ORT 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. ORT shall render to the City a Request for Payment at the beginning of each quarter and the City shall pay the invoice within thirty (30) calendar days of invoice acceptance. 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: City of Fayetteville, AR Ozark Regional Transit Attn: Mayor Attn: Executive Director 113 Mountain 2423 E. Robinson Ave. Fayetteville, AR 72701 Springdale, AR 72764 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 ORT 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. 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 ORT 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 ORT 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, ORT may cancel all or the remaining portion of the Agreement without further duty or obligation. In the event this agreement must be terminated prior to the end of the term pursuant to this clause, the amounts due to ORT by City shall be prorated. The parties recognize and understand the appropriation is a legislative act and is beyond the control of ORT. 2)Page Amended Contract per City Council meeting 01/02/2018 01.08.2018 18. If Ozark Transit Authority or ORT 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 $422,908.00 annualized funding to ORT. 19. The City or ORT may cancel this contract within thirty (30) calendar day notice. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYMT ViLLE, ARKAN S i By: .--ft�- LIONVDj6RDAN A R ATTEST: i I i fill., TR (► r By: Sondra E. Smith, City Clerk, Tg*re .` •d� °r y+ C�rr '� KAP .. r Date: ! j OZARK REGIONAL TRANSIT, INC. By: Prir ATTEST: -Kaza Printed Name: Title: 'I r ■ 31 Page Amended Contract per City Council meeting 01/02/2018 01.08.2018 CITY OF FAYETTEVILLE ARKANSAS --h I � �J_L Contract for Services Between the City of Fayetteville, AR and the Ozark Regional Transit Term: One year with four One-year renewals This agreement is entered into on this day of 0 20 between the City of Fayetteville, hereinafter known at the "City" and the Ozark Regional Transit, Inc., hereinafter known as "ORT". WHEREAS, the City has determined that a public need exists for fixed route public transit services within the city limits of Fayetteville; WHEREAS, the Ozark Transit Authority was created in 2002 by Washington, Benton, Carroll and Madison counties and the cities of Fayetteville, Springdale, Rogers, and Bentonville; WHEREAS, the City has an interlocal agreement providing for participation for the City of Fayetteville with Ozark Transit Authority; WHEREAS the Ozark Transit Authority contracts � y t acts with Ozark Regional Transit, inc. (ORT) for public transportation services; WHEREAS, ORT is dedicated to providing safe, reliable and affordable public transportation to both the rural and urban residents of the four -county area within its jurisdiction; AND NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and ORT agree as follows: 1. This agreement shall cover the period of January 1, 2018 through December 31, 2022 unless terminated or amended. I� r 2. ORT agrees to develop, operate and maintain a fixed route public transit system and allow Fayetteville residents use of the same system. ORT reserves the rig' t to refuse service tdanyone for violation of transit service rules. ORT reserves the right to determine the route,structure of the transit system. 3. ORT agrees to provide written annu i reports to the City that describe the activities undertaken during the preceding period concerning its pu ie transit system and also report on.the following performance measure: estimated number of passengersb route. The annual reports to be submitted to the Project Coordinator as soon as practical after the end of the y r. The data will be reported for the current year and prior year. 4. ORT agrees to make available ail 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. ORT 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 ORT will be the ORT Transit and Parking Director or his/her designee. Communications pertaining to this agreement will be through the respective Project Coordinators for the City and ORT. 6. Terms of performance. The term of performance for this agreement will expire December 31, 2018 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 ORT agrees to continue the service. 11 Page 7. Budget. The City agrees to pay ORT and ORT agrees to accept as payment in full for its services $300,000 for 2018. 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. ORT 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. ORT shall render to the City a Request for Payment at the beginning of each quarter and the 6ity shall pay the invoice within thirty (30) calendar daystiof invoice acceptance. f 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) busine55 days after deposit therein address to the following: City of Fayetteville, AR 14 Ozark Regional Transit Attn: Mayor Attn: Executive Director 113 Mountain 2'423 E. Robinson Ave. �! Fayetteville, AR 72701 Springdale, AR 72764 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 ORT 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 orconditions 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 ORT 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 bounty. 17. Non-Approriation. The parties recognize that performance of the Agreement by ORT may be dependent in whole or in p upon the appropriation of state or federal funds. If a state of federal legislative body fails to appropriate the cessary funds, then by written notice to City, ORT may cancel all or the remai' ing portion of the Agreement bout further duty or obligation. In the event this agreement must be terminate prior to the end of the term pursuant to this clause, the amounts due to ORT by City shall be prorated. The pari s recognize and understand the appropriation is a legislative act and is beyond the control of ORT.. 18. If Ozark Transit Authority or ORT 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 21 Page 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 $300,000.00 annualized funding to ORT. 19. The City or ORT may cancel this contract within thirty (30) calendar day notice. IN WITNESS WHEN OF, we have hereunto set our hands on the date first written above. CITY OF FAY LLE, R NSA5 O7ARK REGIO ,NAL TRANSIT, INC. `T,'I � 7 _ BY: By. LION ' !C} DAN, MA Printed Name:�-� ATTEST: � A- - By: Sondra E. Smith, City Clerk, Treasu� ti� REAS ff,* OF a � • q RKYL l� Da*A- 15ARMIS Printed Name:, r Title: } Date:• 31 Page File Number: 2017-0755 OZARK REGIONAL TRANSIT, INC. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6031 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A FIVE-YEAR CONTRACT WITH OZARK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $300,000.00 IN 2018, AND SUBJECT TO ANNUAL BUDGET APPROVAL [N FUTURE YEARS, FOR PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS 11 1 WHEREAS, Ozark Regional Transit, Inc. has operated a transit system in/the City of Fayetteville since 1999 when the City Council authorized the ti-ansfg and sale of City troll Sys in exchange for transportation services for Fayetteville residents; and — _ WHEREAS, in 2002, the City of Fayetteville first entered into an interlocal agreement with other cities and counties in Northwest Arkansas which allowed the Cite to become part of the Ozark Transit Authority, which is served by Ozark Regional Transit, Inc. and which is the only provider of public transit services connecting Fayetteville residents with otlier parts of Northwest Arkansas; and f' WHEREAS, the agreement should be updatgd to address how annual payments are handled and to include language consistent with the City's standard contract terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEirILLE, ARKANSAS: Section 1: That the City Council of City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a five-year contract between the City of Fayetteville, Arkansas and Ozark Regional Transit, Inc. in the amount of $300,000.00 in 2018, and subject to annual budget approval in future years, for public transit services for Fayetteville residents. Page 1 Printed on 113118 Ordinance: 6031 File Numtrer. 2017-0755 PASSED and APPROVED on 1/2/2018 Attest: 4a,W, - JVWA�l Sondra E. Smith, City Clerk Treasurer 4a11�tiii1TRE 11►j1�,r�� e E\MLE . Page 2 Printed on 113118 RECEIVED FEB 1 2018 NORTHWEST ARKANSASCITY F CITYOCLE ar (5 Azette Democrat * AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6031 Was inserted in the Regular Edition on: January 11, 2018 Publication Charges: $ 115.70 at&. "_ Cathy Wiles Subscribed and sworn to before me This day of , 2018. on q@$yk1844§84oinI,a86Jg®J�r SA4 ac: _�, tary Public �� My Commission Expires: all cs �� `��itX,^ _5 ey4yC „�,'s ; `oa�lslsat�tegea * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. Wemance: 6031 Number: 2017-0755 OZARK REGIONAL TRANSIT, INC. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE AFIVE-YEAR CONTRACT WITH OZ RK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $422,908.00 IN 2018, AND SUBJECT TO ANNUAL BUDGET APPROVAL IN FUTURE YEARS, FOR PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS WHEREAS, Ozark Regional Transit, Inc. has operated a transit system in the City of Fayetteville since 1999 when the City Council authorized the transfer and sale of City trolleys in exchange for transportation services for Fayetteville residents; and WHEREAS, in 2002, the City of Fayetteville first entered into an interlocal agreement with other cities and counties in Northwest Arkansas which allowed the City to become part of the Ozark Transit Authority, which is served by Ozark Regional Transit, Inc. and which is the only provider of public transit services connecting Fayetteville residents with other parts of Northwest Arkansas; and WHEREAS, the agreement should be updated to address how annual payments are handled and to include language consistent with the City's standard contract terns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the and approves a five-year contract between the City of Fayetteville, Arkansas and Ozark Regional Transit, Inc. in the amount of $422,908.00 in 2018, and subject to annual budget approval in future years, for public transit services for Fayetteville residents. PASSED and APPROVED on 1/2/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74393736 Jan. 11, 2018