Item 4E - Agreement - SafeHavenAMENDED
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 an Amended
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.
Community Services Agreement with SafeHaven of Tarrant County
Page 2 of 8
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 Valerie Snyder, 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 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), 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
Community Services Agreement with SafeHaven of Tarrant County
Page 3 of 8
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 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 8
TERM OF AGREEMENT AND REVIEW OF PERFORMANCE
A. The term of this agreement shall be for a three year period beginning
October 1, 2019 and ending September 30, 2022. This agreement may be
renewed for up to two 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.
Community Services Agreement with SafeHaven of Tarrant County
Page 4 of 8
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.
Community Services Agreement with SafeHaven of Tarrant County
Page 5 of 8
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 ____________________, 201__.
_________________________
M a y o r , C i t y o f S o u t h l a k e
_________________________
Kathryn Jacob
Executive Director
SafeHaven of Tarrant County
Attest:
Amy Shelley, TRMC
City Secretary
Approved as to form and legality:
City Attorney
Community Services Agreement with SafeHaven of Tarrant County
Page 6 of 8
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: kjacob@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
Community Services Agreement with SafeHaven of Tarrant County
Page 7 of 8
SafeHaven board meetings, SafeHaven shall forward a copy of the
agenda prior to the meeting, and the City liaison may participate with
the SafeHaven board at all scheduled meetings.
a. Name: Valerie Snyder
b. Title: Community Initiatives Supervisor
c. Phone: 817.748.8173
d. Email Address: vsnyder@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.MySouthlakeNews.com and/or www.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 quarterly editions of the Experience Southlake magazine
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 OF TARRANT COUNTY in
accordance with current policies and guidelines, the use of City
facilities, excluding The Marq Southlake, for events and meetings
directly related to SAFEHAVEN OF TARRANT COUNT business.
Requests for use of City facilities shall follow current reservation
procedures as outlined in the Facility Use Policy.
7. Provide to SAFEHAVEN OF TARRANT COUNTY in accordance with
current policies, guidelines and reservations fee schedule, the use of
City facilities at The Marq Southlake for the applicable reservation fee,
for events and meetings directly related to SAFEHAVEN OF
TARRANT COUNTY business. Requests for reservations at The Marq
Southlake shall follow current reservation procedures and fee schedule
as outlined in the City’s Fee Schedule.
Community Services Agreement with SafeHaven of Tarrant County
Page 8 of 8
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.