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HomeMy WebLinkAbout9-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 9-23 File Number: 2022-267 OZARK REGIONAL TRANSIT, INC: A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A ONE YEAR CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND OZARK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $698,830.00 TO PROVIDE PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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. NOW, THEREFORE, BE IT RESOLVED 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 authorizes Mayor Jordan to sign a contract between the City of Fayetteville, Arkansas and Ozark Regional Transit, Inc. in the amount of $698,830.00 to provide public transit services for Fayetteville residents, with automatic renewals for up to four additional one year terms. PASSED and APPROVED on January 3, 2023 A f♦oo4. Page 1 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JANUARY 3, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director DATE: December 15, 2022 SUBJECT: OZARK REGIONAL TRANSIT SERVICE CONTRACT RECOMMENDATION: CITY COUNCIL MEMO 2022-267 A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A ONE YEAR CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND OZARK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $698,830.00 TO PROVIDE PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BACKGROUND: Ozark Regional Transit (ORT) is a regional transit system providing general public fixed route transit, on demand service, and Americans with Disabilities Act (ADA) complementary paratransit service in Northwest Arkansas (NWA). ORT serves Benton, Carroll, Madison, and Washington counties and has provided transit service within the City of Fayetteville since 1999. All agency related matters are overseen and administered by the ORT Board of Directors (Board) — Fayetteville currently holds three seats on the ORT Board. DISCUSSION: The current five-year contract for transit service with Ozark Regional Transit expires at the end of 2022 and the recommendation is for a new one-year contract with up to four one-year renewable terms. Subsequent renewals are subject to the amounts appropriate by the City Council for each budget year. Payments will be made at the beginning of each quarter. BUDGET/STAFF IMPACT: The 2023 contract amount is $698,830. This amount has been appropriated in Fayetteville's 2023 budget. Approval of a resolution 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 service. City Council appropriations for 2023 include $698,830 for this contract. Future contract renewals are subject to amounts appropriated by City Council for each budget year. ATTACHMENTS: Staff Review Form, Contract for Services between the City of Fayetteville and Ozark Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Regional Transit 2023 — 2027 Contract for Service between the City of Fayetteville an, RES BID WAIVER-ORT Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2022-267 Item ID 1/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2022 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Approval of a resolution 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 service. City Council appropriations for 2023 include $698,830 for this contract. Future contract 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 direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Street Fund Outside Agencies Funding / Ozark Regional Transit Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title Is 698,830.00 $ 698,830.00 V20221130 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS Contract for Services Between the City of Fayetteville, AR and the Ozark Regional Transit Term: One year with four one-year renewals �1 This agreement is entered into on this �� day of 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 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 Regional Transit Authority; WHEREAS, the Ozark Regional 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 3, 2023 through December 31, 2027 unless terminated or amended. 2. ORT agrees to develop, operate and maintain a fixed route and on -demand 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 Executive 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, 2023 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. 11Page 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 $698,830 for 2023. The amounts to be paid for services in future budget years shall be dependent on the amounts appropriated by City Council for each budgetyear. 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 OFT 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 1 P a g e 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 centract and terminate this contract without penalty if a new or additional local sales tax provides at least $698,830 annualized funding to ORT. 19. The City or ORT may cancel this contract within .hirty (30) calendar day notice. IN WITNESS WHEREOF, we have hereunto set our hands on the date first wrt`en abcve. UP By= LIU OZARK REGIONAL TRANSIT By: Printed Name:--- -��_ .�{{SfiSi11111lI ATTEST: /�2.,,�' ��G Y C�F�•�'�■. ATTEST:By: 36-Lz L. • ;ri :.�y: - Kara Paxl:on, City Cler"O easurer � r f AyEfTIMVILLL; i} •' 10 KOc)P�; �ti.,:PrintPd Name: �? •�'i' , ... tij� Title: eFO _ Date: T — 23 Date:��a�-. 3 1 P a g e Amended Contract per City Coikncil meeting 01/02/2.018 01.08.2018 RESOLUTION NO. A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A ONE YEAR CONTRACT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND OZARK REGIONAL TRANSIT, INC. IN THE AMOUNT OF $698,830.00 TO PROVIDE PUBLIC TRANSIT SERVICES FOR FAYETTEVILLE RESIDENTS, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, AR.KANSAS: 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 authorizes Mayor Jordan to sign a contract between the City of Fayetteville, Arkansas and Ozark Regional Transit, Inc. in the amount of $698,830.00 to provide public transit services for Fayetteville residents, with automatic renewals for up to four additional one year terms.