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Item 4H - memoItem 4H-1 CITY OF SOUTHLAKE MEMORANDUM September 9, 2022 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve Community Services Agreement with Call A Ride Southlake, Inc. (CARS) for the term October 1, 2022- September 30, 2025 Action Requested: City Council approval of the Community Services Agreement with Call A Ride Southlake, Inc. (CARS) for the term October 1, 2022 - September 30, 2025. Background Information: The City works with non-profit community organizations such as CARS to provide important services to Southlake citizens and businesses. Having a Community Services Agreement in place allows for these services to be provided without the City having to fund the additional personnel, administrative, and operational expenses required to provide these services to the community. The City's present Community Services Agreement with CARS, to provide transportation services to eligible Southlake citizens, will expire September 30, 2022. The City's proposed allocation amount of $20,000/year to the organization for services for Southlake citizens is $5,000 more than the previous Agreement of $15,000. This increase was specifically requested by the organization to make up for the increased costs associated with running this program. During the last fiscal year, CARS supported Southlake citizens by: • Providing approximately 390 one-way trips; • Serving about 525 registered seniors; • Using 23 volunteer drivers; City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4H-2 Shana Yelverton, City Manager Meeting Date — September 20, 2022 Page 2 of 3 The proposed agreement is for three years, October 1, 2022, through September 30, 2025. The proposed agreement mirrors their previous agreement, with the exception of the following changes: • Change the reporting requirement to an annual report with a detailed budget sheet at the end of each fiscal year, instead of an annual report at the end of each calendar year. • Remove the City's requirement to publish information about CARS in the quarterly editions of the Experience Southlake Magazine, as the magazine is no longer published. • Waiving the rental fees at Legends Hall for a CARS related business event once a year for an amount not to exceed $5,000. • Increase annual payment to $20,000 from $15,000. A copy of the proposed CARS agreement detailing the organization's scope of services and the City's obligations is attached. The Senior Advisory Commission recommended approval at their meeting held August 9, 2022. Financial Considerations: As mentioned above, CARS will receive $20,000/year for the term of the Agreement. $20,000 is included in the proposed FY 2023 annual budget and will also be included in subsequent budget proposals as required by the term for each agreement. Payment by the City to CARS is dependent upon annual approval of the proposed budget. Strategic Link: Approval of the Agreement is linked to the City's Strategy Map related to the Focus Areas of Performance Management and Service Delivery and Partnerships & Volunteerism and delivers the corporate objective to collaborate with select partners to implement service solutions. Citizen Input/ Board Review: Senior Advisory Commission recommended approval (4-0) August 9, 2022 City Council consideration September 20, 2022 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4H-3 Shana Yelverton, City Manager Meeting Date — September 20, 2022 Page 3 of 3 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: Supporting Documents: • Approve proposed CARS Community Services Agreement as presented • Approve proposed CARS Community Services Agreement with input as desired • Decision not to renew the proposed CARS Community Services Agreement • Call A Ride Southlake Community Services Agreement • Call A Ride Southlake Payment Increase Request Letter Staff Recommendation: City Council approval of the Community Services Agreement with Call A Ride Southlake for the term October 1, 2022- September 30, 2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331 F1 Item 4H-4 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE SOUTHLAKE, INC. STATE OF TEXAS § 0 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 Call A Ride Southlake, Inc., a non-profit corporation of Texas, acting by and through its duly authorized Chairman (hereinafter referred to as "CARS"), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of CARS is to provide free, non -emergency transportation to Southlake seniors and disabled adult citizens for medical, dental, social, business, shopping and personal needs; and WHEREAS, City and CARS desire to enter into an Agreement whereby CARS will continue to provide free, non -emergency transportation to Southlake seniors and disabled adult citizens for medical, dental, social, business, shopping and personal needs; NOW, THEREFORE, City and CARS, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. CARS 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 CARS STAFF CONTACTS CARS and the City shall both provide staff liaisons as outlined in the attached Appendix, Section A. DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331 F1 Item 4H-5 Community Services Agreement with CARS Page 2 of 10 SECTION 3 GOVERNANCE CARS 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 CARS board of directors. SECTION 4 CARS PERSONNEL A. CARS shall recruit, interview, and hire the employees, contractors, volunteers and other agents needed to provide the services to be provided by CARS pursuant to this Agreement, including management and other necessary staff determined by CARS to be necessary. All such personnel shall be employees, independent sub -contractors or volunteers, as the case may be, of CARS, and not employees, independent sub -contractors, or volunteers of City. B. CARS understands that the safety of the senior and disabled citizens and the quality of the services CARS is to provide under this Agreement is of paramount concern to the City. Therefore, CARS agrees to establish reasonable requirements for its employees, contractors, volunteers and other agents sufficient to promote and maintain the safety of the senior and disabled citizens CARS will be transporting pursuant to this Agreement, and to provide high quality transportation services. C. CARS shall immediately notify the Director of Community Services or designee of any information or issues regarding CARS employees, contractors, volunteers, and other agents that could impact the health, safety or welfare of the citizens of Southlake, or that could prove to be detrimental to the public image of CARS and/or the City, provided that this shall not require CARS to disclose any information that CARS may not legally disclose under applicable laws regarding privacy. SECTION 5 CONSIDERATION In recognition that the City elected to support the CARS transportation services rather than provide such service, City agrees to an annual payment to be paid to CARS in the amount of $20,000 to be dispersed annually on January 1 of each year. Payment is subject to City Council budget authorization. Payment by the City shall be applied by CARS as described in the attached Appendix, Section A. DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331 F1 Item 4H-6 Community Services Agreement with CARS Page 3 of 10 The City of Southlake will also provide office space to CARS if, in the sole determination of the City, extra space within the City is available. The City will endeavor to provide a secure space large enough for at least one person, a two - drawer file cabinet, and a computer desk. The City will also provide a desk and file cabinet if, in the sole determination of the City, such equipment is available. SECTION 6 REPORTING A. CARS shall generate and provide to the Senior Services Coordinator of the City monthly 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 CARS to the City. SECTION 7 INSURANCE AND INDEMNIFICATION CARS 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 CARS, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. CARS 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 8 INDEPENDENT CONTRACTOR In performing the services hereunder, CARS 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. DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331 F1 Item 4H-7 Community Services Agreement with CARS Page 4 of 10 SECTION 9 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE A. The term of this agreement shall be for a three-year period beginning October 1, 2022 and ending September 30, 2025. 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 CARS ceases to provide services under this agreement, CARS shall return to the City any unexpended funds paid pursuant to this Agreement. SECTION 10 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. SECTION 11 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. CARS, 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 • C1 Achieve the highest standards of safety and security • C5 Promote opportunities for partnerships and volunteer involvement • C6 Enhance the sense of community by providing excellent customer service and citizen engagement opportunities DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331F1 Item 4H-8 Community Services Agreement with CARS Page 5 of 10 SECTION 12 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 12 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. SECTION 13 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. DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331F1 Item 4H-9 Community Services Agreement with CARS Page 6 of 10 SECTION 14 TERMINATION If, in the sole discretion of the City Council, the City determines that CARS has not complied with the terms of this agreement, the City may terminate this Agreement at any time. This document may be executed in duplicate originals. IN WITNESS WHEREOF the City and CARS -have executed this Agreement as of this day of , 2022. CITY OF SOUTHLAKE Mayor, City of Southlake DocuSigned by: Ernest Meyer, Chairman Call A Ride Southlake, Inc. Attest: Amy Shelley, TRMC City Secretary Approved as to form and legality: City Attorney DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331F1 Item 4H-10 Community Services Agreement with CARS Page 7 of 10 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE SOUTHLAKE, INC. APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 5 of this Agreement, CARS shall provide the following services: 1. CARS staff contact person to serve as a liaison between CARS and the City: Name: Erik Phelps Title: Executive Director Phone: 817-798-4022 Email: callaride(a-)hotmail.com Name: Ernie Meyer Title: Chairman Phone: 817-354-8084 Email: texme er sbcglobal.net 2. Free on -call transportation for qualified persons of the City as follows: a. Senior citizens over the age of 55 years and disabled adult individuals, and b. who are residents of Southlake, and c. whose physical condition permits them to be transported by the drivers in the vehicles available. 3. CARS will provide transportation to the persons identified in Subsection 2 above: a. to and from non -emergency medical appointments, dental appointments, and health care providers located within a 25 mile radius of The Marq Southlake; b. for personal need including necessary essentials, i.e., to and from the grocery store, drug store, bank, personal grooming, social activities, etc., located within a seven (7) mile radius of The Marq Southlake. DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331 F1 Item 4H-11 Community Services Agreement with CARS Page 8 of 10 4. CARS shall operate solely in accordance with its bylaws operations manual and the following: a. Volunteer drivers who use their own vehicles shall provide the transportation services. CARS shall recruit, qualify, and train these drivers. b. Transportation services will be provided Monday through Friday during the hours between 8:00 AM and 5:00 PM, or by special arrangement at the discretion of CARS. C. Transportation normally will be scheduled at least 72 hours prior to departure. 5. Office hours with available staff in the office may be variable; however, CARS office staff will be available by phone during published hours. 6. CARS will provide for a timely telephone response when rides are scheduled and until the completion of those ride deliveries are either confirmed or an alternate process of transportation is provided as outlined in the CARS operations manual and approved by the Director of Community Services or designee. B. In addition to payment described in Section 5 of this agreement, City shall: 1. Provide a staff contact person to serve as a liaison between City and CARS. The City liaison shall be apprised by CARS of all CARS board meetings, CARS shall forward a copy of the agenda prior to the meeting, and the City liaison may participate with the CARS board at all scheduled meetings. a. Name: Soheila Phelps b. Title: Senior Services Coordinator c. Phone: 817-748-8398 d. Email Address: smashatphelps c( ci.south lake.tx.us 2. Provide a presence on the www.CityofSouthlake.com and/ or www.expereincesouthlaketexas.com and/or www.volunteersouthlake.com which is limited to: a. Information which includes organization name, mission, contact information and link to organization website. 3. Consider posting information contained in press releases on www.MVSouthlakeNews.com and/or www.CitVofSouthlake.com. Any and all information in such press releases is subject to review and possible revision prior to posting either in a story or PSA/advertising format. DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331 F1 Item 4H-12 Community Services Agreement with CARS Page 9 of 10 4. Consider highlighting CARS in monthly electronic e-blasts to the Southlake Senior Activity Center members or in the Senior Activity Center newsletter. Any and all information in such press releases will be subject to review and possible revision prior to posting. 5. Consider an ad a space in the Volunteer Southlake weekly e-blast sent to over 2,000+ volunteers based on availability. 6. CARS recruitment flyers maybe displayed at the Senior Activity Center. 7. Publish in the seasonal department brochure organization information to include organization name, mission, contact information and link to organization website. 8. Provide access to the City's logo for use by CARS. Such use is subject to review and approval by the Deputy Director of Communications or designee 9. All marketing, recruiting, and advertising options are included in this Agreement and therefore all pre-existing agreements and memo of understanding's are null and void. 10. Provide at no cost to CARS in accordance with current policies and guidelines, the use of City facilities, excluding The Marq Southlake, for events and meetings directly related to CARS business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. 11. Provide to CARS the complimentary use of City facilities at The Marq once a year equivalent to a Silver Reception Package any Monday - Friday for an event or meeting directly related to CARS businesses. The value of this complimentary usage is equivalent to $4,655.00. Contact the Hospitality and Sales Manager for details of what services this package includes. Any other use of City facilities at The Marq Southlake for events and meetings directly related to CARS business would be subject to current policies, guidelines, and the applicable reservation fees. Requests for reservations at The Marq Southlake shall follow current reservation procedures and fee schedule as outlined in the City's Fee Schedule. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating CARS's performance pursuant to Section 9 of this agreement, the City will determine whether CARS has met the following performance measures: DocuSign Envelope ID: F12FF3EF-A47A-43AA-B53B-6B398A6331F1 Item 4H-13 Community Services Agreement with CARS Page 10 of 10 CARS shall provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. 2. CARS shall develop and provide an annual written report to the City at the end of each fiscal year (September 30). This report shall include: a disclosure of CARS financial status, operations conducted during the preceding year, planned future operations, a detailed budget sheet outlining how the City's funding is utilized in support of CARS, volunteer hours as submitted to Volunteer Southlake and any other information agreed to by both CARS and the City. The volunteer hours worked by CARS volunteers shall be submitted monthly to Volunteer Southlake by the CARS liaison. The hours submitted shall be included within the Volunteer Southlake's tracking of volunteer hours, and will count towards the calculation to determine the eligibility for the Presidential Service Award as defined by the Point of Light Foundation. 3. CARS shall continue to provide monthly written reports to the City by the first Monday of each month to be reviewed by the Senior Advisory Commission. 4. CARS shall attend the Senior Advisory Commission meeting on a quarterly basis, or as requested, to answer any questions that may arise. Item 4H-14 From: Ernest Meyer <texmeyer@sbcglobal.net> Sent: Monday, February 21, 2022 12:59 PM To: Chris Tribble Cc: Call A. Ride Southlake; Eric Karl; Lisa Adam; Diane and Ernie Meyer; Brighton Greene; Patti Brayton; Veronica Cobb Subject: CARS Revised request for compensation increase Attachments: CARS request for compensation change Feb 21 2022.pdf I am attaching a revised formal request for Call A Ride of Southlake compensation increase for the upcoming contract period. Speaking for the entire Board of Directors of Cali A Ride of Southlake, we very much appreciate your support. I have highlighted the changes to the original letter we submitted on January 20, 2022. Thank you for considering our request, I have copied our Board of Directors in this e-mail. Ernie Meyer Chairman Board of Directors Call A Ride of Southlake Cell: 817-653-0079 E-mail: (personal): texmeyer@sbcglobal.net E-mail: (official): callaride@hotmal.com Item 4H-15 February 21, 2022 Mr. Chris Tribble Director of Community Services City of Southlake, Texas Call A Ride of Southlake would appreciate your considering our revised request for compensation increase for the next contract cycle commencing in 2023 of $5,000.00. (From $15,000.00 to $20,000.00). After our January 20, 2022, meeting where we requested $3,000.00 as a minimum, we have revisited the numbers and feel we would be more able to survive for the next 3 years with an increase of $5,000.00, without having to come back to the well for more money in a year. We anticipate the cost of living and prices in general to keep increasing for the near future and our first estimate was not enough to sustain our viability. Hence this revised request. The balance of this letter is the same as the January 20 letter which we hand delivered. • CARS payment has been flat for two cycle — 6 years (at the end of 2022). • Due to COViD, CARS has suffered significant losses in grants and funding - $3k from Tarrant County (largest hit). • As a result, our 2022 budget has eliminated several items including two supplemental cost of living payments to our Executive Director. • We have also eliminated many "nice to do" items such as our annual volunteer appreciation dinner. • Pending Board approval, I hope to draw from our bank balance to fund the supplemental payments in 2022. • Annually, we need to cover the operational costs of liability insurance for volunteer drivers and board members as well as background checks. While COViD has impacted our numbers significantly, some of the above items did not change and were still covered at a loss for CARS. CARS provides a valuable service for those Seniors in Southlake who avail themselves of it. Our Executive Director has not had a raise in pay since 2014 and that was not much. We would like to provide a modest increase for our Executive Director as it is well deserved. We wanted to make this request early to give you time to consider it during your annual budgeting process for 2023 and beyond. Maintaining our ability to schedule our volunteers is critical to provide the unique service which Call A Ride of Southlake provides. Our Senior population is always increasing and with that a steady increase in calls for service. Without us the City of Southlake would have to fill the void. We have provided the City of Southlake with a valuable service at the same level of funding for many years at a very reasonable cost. We believe this contract renewal process would provide a suitable time to address the current shortfall and provide operational relief as well. Your Conti ort is very much a reciated. Respec , Ernest (Ernie) J. Meyer Chairman of the Board of Directors Call A Ride of Southlake