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Item 4K CITY OF 4K - 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 Metroport Meals On Wheels Action Requested: City Council approval of the Community Services Agreement with Metroport Meals on Wheels. Background Information: The current Community Services Agreement Metroport Meals on Wheels (MMOW) to provide congregate and home-delivered meals in Southlake will expire September 30, 2016. The proposed MMOW agreement is a standard agreement and is the same agreement entered into previously with MMOW. The Agreement provides MMOW a payment of $20,000/base per year for the term of the agreement, pending City Council annual approval of the budget. Additional payments of up to $3,750 per quarter may be dispersed to MMOW per the performance measures outlined in Appendix, Section B. The total annual payment to MMOW shall not exceed $35,000. However, based on FY16 performance, staff is recommending City Council approval for FY17 budget not to exceed $28,000 ($20,000 base with an additional $8,000 for performance) for the first year of this agreement. Based on performance this may increase to the full $15,000 for performance as outlined in the agreement in future fiscal years. The proposed agreement is for three years, October 1 , 2016 through September 30, 2019. During 2015, MMOW provided 4,708 meals at the Southlake Senior Activity Center; approximately 41 .8% of attendees were Southlake residents, 58.2% were non-Southlake residents. MMOW provided 1 ,885 meals delivered to seventeen (17) Southlake residents. The total approximate cost of the meal programs during 2015 is City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4K - 2 Shana Yelverton, City Manager Meeting Date—September 20, 2016 Page 2 of 3 $89,985. $30,180 of the cost for the programs were supported by fees collected from Home Delivery and Senior Center congregate meal participants and the City's community services contract allocation. A copy of the proposed MMOW agreement detailing the organization's scope of services and the City's obligations is attached. The Senior Advisory Commission recommended approval of the agreement at the meeting on September 13, 2016. Financial Considerations: The City's funding for MMOW ($20,000/base per year, plus the eligible $8,000/yr for meeting performance measures) is included in the proposed FY2017 annual budget, and will also be included in subsequent budget proposals as required by the term for each agreement. Payment by the City to MMOW 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: Senior Advisory Commission recommended approval September 13, 2016 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: • Approve proposed MMOW Community Services Agreement as presented • Approve proposed MMOW Community Services Agreement with input as desired City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4K - 3 Shana Yelverton, City Manager Meeting Date—September 20, 2016 Page 3 of 3 • Decision not to renew the proposed MMOW Community Services Agreement Supporting Documents: • Metroport Meals on Wheels Community Services Agreement Staff Recommendation: City Council approval of the Community Services Agreement with Metroport Meals on Wheels City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4K - 4 AGREEMENT BETWEEN CITY OF SOUTHILAKE AND METROPORT MEALS ON WHEELS 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 Metroport Meals on Wheels, a non-profit corporation of Texas, acting by and through its duly authorized Executive Director (hereinafter referred to as "MMOW'), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of MMOW is to provide services as a volunteer advocate for the elderly and those in need through home-delivered meals, senior center lunch and activity programs and other support services; and WHEREAS, City and MMOW desire to enter into a Renewal Agreement whereby MMOW will continue to provide for the coordination of activities and meals, Senior Luncheon activities, participation in Senior Advisory Commission, and the organization of home meal delivery; NOW, THEREFORE, City and MMOW, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. MMOW shall provide the services as outlined in the attached Appendix, Section A and Section B. B. City shall provide services as outlined in the attached Appendix, Section A and Section B. SECTION 2 CITY AND MMOW STAFF CONTACTS A. MMOW and the City shall both provide staff liaison's as outlined in the attached Appendix, Section A. Community Services Agreement with Metroport Meals on Wheels 4K - 5 Page 2 of 8 SECTION 3 GOVERNANCE A. MMOW 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 MMOW board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support MMOW's efforts to support the elderly and in-need rather than provide such service, City agrees to an annual payment to be paid to MMOW in the amount of $20,000 to be dispersed annually on November 1 of each year. Additional payments of up to $3,750 may be dispersed on a quarterly basis on February 1, May 1, August 1 and October 1 per performance measures outlined in Appendix, Section B. Total annual payment shall not exceed $35,000. Final payment amount is subject to City Council budget authorization. Payment by the City shall be applied by MMOW as described in the attached Appendix, Section A and Section B. SECTION 5 REPORTING A. MMOW shall generate and provide to Senior Services Coordinator of the City, monthly reports regarding the performance measures outlined in the attached Appendix, Section B no later than the first Monday of each month. MMOW shall attend the Senior Advisory Commission meeting on a quarterly basis, or as requested, to answer any questions that may arise. B. The City shall have the right to review the books and records kept incident to the services provided by MMOW to the City. SECTION 6 INSURANCE AND INDEMNIFICATION A. MMOW 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 AND/OR 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), Community Services Agreement with Metroport Meals on Wheels 4K - 6 Page 3 of 8 ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF MMOW, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. MMOW 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, ITS OFFICERS, AGENTS OR EMPLOYEES, EXCEPT TO THE EXTENT OF ANY APPLICABLE INSURANCE COVERAGES. SECTION l INDEPENDENT CONTRACTOR In performing the services hereunder, MMOW 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a period beginning October 1, 2016 and ending September 30, 2019. This agreement may be renewed for one additional three-year period beginning on October 1 and ending on September 30 upon written agreement by both parties and annual budget approval by the Southlake City Council. 2. 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. 3. 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 MMOW ceases to provide transportation services, MMOW 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 Community Services Agreement with Metroport Meals on Wheels 4K - 7 Page 4 of 8 remedies, including suits for damages and recovery of attorney's fees are specifically waived by both parties. 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. MMOW, its mission and the services outlined on page 1 of the agreement, link to the City's strategy through the following strategic objectives: • B2 Collaborate with select partners to implement service solutions • B4 Provide high quality customer service • C5 Promote opportunities for partnerships and volunteer involvement 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. Community Services Agreement with Metroport Meals on Wheels 4K - 8 Page 5 of 8 SECTON 1 2 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 MMOW have executed this Agreement as of this day of , 201_. Mayor, City of Southlake Executive Dire tor, Metroport M661s on WhecO Attest: Lori Payne, TRMC City Secretary Approved as to form and legality: Attorney at Law Community Services Agreement with Metroport Meals on Wheels 4K - 9 Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, MMOW shall provide the following services: 1. MMOW staff contact person to serve as a liaison between the MMOW and the City: a. Name: Mary King b. Title: Executive Director c. Phone: 817.491.1141 ex. 22 d. Email Address: maryking@metroportmow.org To coordinate, organize, and run the weekly Monday Southlake senior congregate luncheon program. 2. To organize volunteers to plan and support Southlake Monday congregate lunch program, and home delivered meal program to Southlake residents. 3. Order necessary meals, cover costs and organize delivery of meals to homes of Southlake senior residents Monday through Friday, and also for the Monday congregate lunch program. 4. Track attendance and costs associated with the weekly congregate lunch program, and the home delivered meal program. Prepare and provide reports to the City on a monthly basis due the first Monday of each month. 5. Perform general clean up following each event return tables to original locations and secure the facility. 6. Provide a monthly updated roster of participants to include name address city phone number and emergency information. 7. MMOW shall attend the Senior Advisory Commission meeting on a quarterly basis, or as requested, to answer any questions that may arise. i Community Services Agreement with Metroport Meals on Wheels 4K - 10 Page 7 of 8 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 MMOhV. The City liaison shall be apprised by MMOW of all MMOW board meetings, MMOW shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the MMOW board at all scheduled meetings. a. Name: Soheila Phelps b. Title: Senior Services Coordinator c. Phone: (817) 748-8398 d. Email Address: smashatphelps@ci.southlake.tx.us 2. Provide a presence on the www-citvofsouthlake.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 wwvy.MySouthiakeNews.com and/or �.CityofSouthlake.com. Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the seasonal 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 MMOW. Such use is subject to review and approval by the Community Services Department Communications and Marketing Manager, 6. Provide at no cost to MMOW in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to MMOW 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 MMOW's performance pursuant to Section 8 of this agreement, the City will determine whether MMOW has met the following performance measures: 1 . MMOW shall provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. Community Services Agreement with Metroport Meals on Wheels 4K - 11 Page 8 of 8 2. MMOW shall develop and provide an annual written report to the City. This report shall include: a disclosure of MMOW financial status, operations conducted during the preceding year, planned future operations, details on how the City's funding is utilized in support of MMOW, and any other information agreed to by both MMOW and the City. 3. MMOW shall continue to provide monthly written reports to the City. 4. Base payment of$20,000 is for up to and including 100 participants per week. The CITY will pay up to an additional 75 participants at a rate of $4 per person as verified through monthly reporting on a quarterly basis. 5. MMOW will provide a list of caterers two months and a menu two weeks in advance to the Senior Services Coordinator. 6. MMOW should place a minimum weekly order based on the attendance trends for the past month and for the same month in the prior year. MMOW should also seek consultation only from the Senior Services Coordinator or Deputy Director on order levels based on anticipated attendance. 7. All food, including leftovers is the property of the City of Southlake. Handling and distribution of extras will be at the discretion of City staff. 8. Any designated purchases for the City of Southlake should be used for the assigned purpose only. 9. A head count of volunteers will be provided one business day prior to the event. The City of Southlake reserves the right to restrict the number of volunteers needed.