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Item 4I CITY OF 41 - 1 SOUTHLAKE MEMORANDUM August 29, 2016 TO: Shana Yelverton, City Manager FROM: Kate Meacham, Deputy Director of Community Services SUBJECT: Approve Community Services Agreement with SafeHaven of Tarrant County Action Requested: City Council approval of the Community Services Agreement with SafeHaven of Tarrant County for October 1 , 2016-September 30, 2019. Background Information: The City's present community services agreement with SafeHaven of Tarrant County to provide assistance to Southlake residents will expire September 30, 2016. SafeHaven of Tarrant County provides assistance to Southlake residents from satellite branches in Northeast Tarrant County. Services include counseling programs for children, victims, and offenders. They also provide the following services: 24-hour hotline, community education and training, transitional services programs for victims and their families, legal support and referrals, court accompaniment, advocacy with the police, courts and district attorney's office, and temporary residential facilities. The proposed Community Services Agreement with SafeHaven is a standard agreement and is the same agreement entered into previously with SafeHaven. The agreement is for three years, October 1 , 2016 through September 30, 2019. SafeHaven (formerly The Women's Shelter) has received City funding for services rendered to the community since 1999. Since FY 1999-00, the funding amount SafeHaven has received is $1 ,000 annually. The same funding amount is proposed for the new community services agreement. The services provided by SafeHaven are not offered by the City. SafeHaven provides social services to citizens in crisis situations City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 41 - 2 Shana Yelverton, City Manager Meeting Date—September 20, 2016 Page 2 of 3 and is able to meet their needs. They work closely with Southlake DPS officers to provide assistance and to offer programs and intervention that would be difficult for the City to provide. In 2015, eight (8) Southlake citizens received services from SafeHaven at an estimated cost of $3,790, and six (6) community service presentations were provided to area groups with approximately 87 in attendance at a cost of$270. A copy of the proposed SafeHaven of Tarrant County agreement detailing the organization's scope of services and the City's obligations is attached. Financial Considerations: The proposed FY2017 Community Services division budget has funding allocated for community services agreements and the $1 ,000 for SafeHaven is within the budgeted amount to be approved by City Council in September. Subsequent budget proposals will include the funding allocation as required by the term of the agreement. Payment to SafeHaven is dependent upon annual approval of the proposed budget. Strategic Link: Approval of the Agreement is linked to the City's Strategy Map Focus Areas of Performance Management and Service Delivery and Partnerships & Volunteerism and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions, Enhance the Sense of Community by Providing Excellent Customer Service and Citizen Engagement Opportunities, and Promote Opportunities for Partnerships & Volunteer Involvement. Citizen Input/ Board Review: No citizen input has been received; approval not subject to any board review. SafeHaven of Tarrant County has reviewed the proposed agreement and has offered no changes to the agreement. City Council consideration September 20, 2016 Legal Review: The Agreement was modeled after the standard community services agreement used previously and that has been reviewed by the City Attorney. Alternatives: Alternatives may include the following: City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 41 - 3 Shana Yelverton, City Manager Meeting Date—September 20, 2016 Page 3 of 3 • Approve proposed Community Services Agreement as presented • Approve proposed Community Services Agreement with input as desired • Decision not to renew the proposed Community Services Agreement Supporting Documents: • SafeHaven of Tarrant County Community Services Agreement Staff Recommendation: City Council approval of the Community Services Agreement with SafeHaven of Tarrant County for October 1 , 2016-September 30, 2019. City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 41 - 4 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SAFEHAVEN OF TARRANT COUNTY STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as "City"), and SafeHaven of Tarrant County, a non-profit corporation of Texas, acting by and through its duly authorized Executive Director (hereinafter referred to as "SafeHaven"), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of SafeHaven is to end domestic violence through safety, support, prevention and social change; and WHEREAS, City and SafeHaven desire to enter into a Renewal Agreement whereby SafeHaven will continue to provide emergency services for victims of family violence, crisis intervention, a 24-hour crisis hot line, support services, prevention services, legal advocacy, transportation, and 24-hour crisis response to the Southlake Police Department; NOW, THEREFORE, City and SafeHaven, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. SafeHaven shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. SECTION 2 CITY AND SAFEHAVEN STAFF CONTACTS SafeHaven and the City shall both provide staff liaisons as outlined in the attached Appendix, Section A and Section B. 41 - 5 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting—September 20,2016 Page 2 of 7 SECTION 3 GOVERNANCE SafeHaven shall be solely governed by its board of directors, who shall meet in accordance with the bylaws and articles of incorporation. The time, date, place and agenda of these board meetings shall be the responsibility of the SafeHaven board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support the efforts of SafeHaven to end domestic violence rather than provide such service, City agrees to an annual payment to be paid to SafeHaven in the amount of $1,000 to be dispersed annually on November 1 of each year. Payment is subject to City Council budget authorization. Payment by the City shall be applied by SafeHaven as described in the attached Appendix, Section A. SECTION 5 REPORTING A. SafeHaven shall generate and provide to Mike Bedrich, Community Initiatives Supervisor of the City, annual reports regarding the performance measures outlined in the attached Appendix, Section B. B. The City shall have the right to review the books and records kept incident to the services provided by SafeHaven to the City. SECTION 6 INSURANCE AND INDEMNIFICATION SAFEHAVEN AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF SAFEHAVEN, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. SAFEHAVEN SHALL NOT BE REQUIRED TO INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY DAMAGES OR LIABILITY FOUND BY A COURT TO HAVE ARISEN FROM THE NEGLIGENT ACT OR OMISSION OF THE CITY, 41 - 6 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting--September 20,2016 Page 3 of 7 ITS OFFICERS, AGENTS OR EMPLOYEES, EXCEPT TO THE EXTENT OF ANY APPLICABLE INSURANCE COVERAGES. SECTION 7 INDEPENDENT CONTRACTOR In performing the services hereunder, SafeHaven is acting as an independent contractor, and shall not be deemed an employee, agent or partner of the City. City shall have no power to direct or supervise its activities in carrying out its responsibilities under this Agreement. Neither party shall have the authority to make binding representations or agreements on behalf of the other. SECTION S TERM OF AGREEMENT AND REVIEW OF PERFORMANCE A. The terra of this agreement shall be for a three year period beginning October 1, 2016 and ending September 30, 2019. This agreement may be renewed for up to three successive three-year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. B. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. C. Notwithstanding any provision herein to the contrary, either party may terminate this Agreement upon 30 days written notice to the other. Upon termination, or if SafeHaven ceases to provide services under this agreement, SafeHaven shall return to the City any unexpended funds paid pursuant to this Agreement. SECTION 9 NO WAIVER OF GOVERNMENTAL IMMUNITY Notwithstanding any provision of this Agreement to the contrary, nothing contained in this agreement shall be construed to limit or waive any governmental or sovereign immunity of the City, or any immunity applicable to its officers, agents, servants or employees. To the extent there may be a waiver of immunity under state law, the remedies available to enforce this agreement are limited to mandamus, specific performance or injunctive relief. All other remedies, including suits for damages and recovery of attorney's fees are specifically waived by both parties. 41 - 7 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting—September 20,2016 Page 4 of 7 SECTION 10 CITY OF SOUTHLAKE — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. SafeHaven, its mission and the services outlined on page 1 of the agreement, link to the City's strategy through the following strategic objectives: C1 Achieve the highest standards of safety and security • C6 Enhance the sense of community by providing excellent customer service and citizen engagement opportunities • B2 Collaborate with select partners to implement services solutions SECTION 11 CITY OF SOUTHLAKE VALUES The City has adopted values that are the fundamental principles that guide how officials, staff, and employees of the City conduct themselves in pursuit of the mission and vision. All business conducted with the City shall adhere to the City's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 11 are goals to which City officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate City official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. 41 - 8 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting—September 20,2016 Page 5 of 7 SECTION 12 MISCELLANEOUS This Agreement sets forth all the agreements between the parties and no modification shall be effective unless reduced to writing and signed by the part to be changed therewith. This document may be executed in duplicate originals. IN WITNESS WHEREOF the City and SafeHaven have executed this Agreement as of this day of 1201 ,_ Mayor, City of Southlake Kathry ,laco Executive Director SafeHaven of Tarrant County Attest: Lori Payne, TRMC City Secretary Approved as to form and legality: City Attorney 41 - 9 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting—September 20, 2016 Page 6 of 7 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SAFEHAVEN OF TARRANT COUNTY APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, SafeHaven shall provide the following services: 1. SafeHaven staff contact person to serve as a liaison between SafeHaven and the City: a. Name: Kathyrn Jacob b. Title: Executive Director c. Phone: 817.535.6462 d. Email Address: kiacob@safehaventc.org 2. Emergency services consisting of shelter, clothing, food, and transitional housing for victims of family violence. 3. Crisis intervention at area hospital emergency rooms. 4. Staff and provide a 24-hour crisis Hot Line. 5. Support services consisting of parenting education, case management, group and individual counseling. 6. Prevention services consisting of community education and training to organizations, professional groups, adolescents, and children. 7. Legal advocacy including but not limited to attorney services, protective order procurement, court accompaniment, crime victim's compensation applications. 8. Transportation across cities to shelter, court, and other service locations. 9. 24-hour crisis response to Southlake Police Department. B. In addition to payment described in Section 4 of this agreement, City shall 1. Provide a staff contact person to serve as a liaison between City and SafeHaven. The City liaison shall be apprised by SafeHaven of all SafeHaven board meetings, SafeHaven shall forward a copy of the 41 - 10 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting—September 20,2016 Page 7 of 7 agenda prior to the meeting, and the City liaison may participate with the SafeHaven board at all scheduled meetings. a. Name: Mike Bedrich b. Title: Community Initiatives Supervisor c. Phone: 817.748.8137 d. Email Address: mbedrich(c-D-ci.southlake.tx.us 2. Provide a presence on the www.CityofSouthlake.com which is limited to: ^ a. One information page which includes organization name, mission, contact information and link to organization website. 3. Consider posting information contained in press releases on www.MVSouthiakeNews.com and/or www.CitVofSouthiake.com. Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by.SafeHaven. Such use is subject to review and approval by the City's Communication and Websites Manager. 6. Provide at no cost to SafeHaven in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to SafeHaven business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating SafeHaven's performance pursuant to Section 8 of this agreement, the City will determine whether SafeHaven has met the following performance measures: 1. SafeHaven shall provide an annual written report to the City. This report shall include: a disclosure of Safehaven of Tarrant County financial status, operations conducted during the preceding year, planned future operations, and any other information agreed to by both SafeHaven and the City.