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Item 4I - memoItem 41-1 CITY OF SOUTHLAKE MEMORANDUM September 7, 2022 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve Community Services Agreement with Metroport Meals On Wheels for the term October 1, 2022- September 30, 2025 Action Requested: City Council approval of the Community Services Agreement with Metroport Meals on Wheels for the term October 1, 2022 - September 30, 2025. Background Information: The City works with non-profit community organizations such as MMOW 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 Metroport Meals on Wheels (MMOW), to provide congregate and home - delivered meals in Southlake, will expire September 30, 2022. The City's proposed allocation amount of $25,500/year to the organization for services for Southlake citizens is $3,500 more than the previous Agreement of $22,000. This amount was specifically requested by the organization to account for inflation and increased costs of providing meal services for Southlake Seniors. During the last fiscal year, MMOW supported Southlake citizens by: • Providing approximately 6,123 meals at the Southlake Senior Activity Center and home delivery; • Serving approximately 75% of attendees were Southlake residents; • Using 30 volunteers with over 1,700 volunteer hours City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 41-2 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 MMOW 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 MMOW related business event once a year for an amount not to exceed $5,000. • Increase in annual payment, changing from $22,000 to $25,500 annually. 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 at their meeting held August 9, 2022. Financial Considerations: As mentioned above, MMOW will receive $25,500/year for the term of the Agreement. $25,500 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 MMOW 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 41-3 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 MMOW Community Services Agreement as presented • Approve proposed MMOW Community Services Agreement with input as desired • Decision not to renew the proposed MMOW Community Services Agreement • Metroport Meals On Wheels Community Services Agreement Staff Recommendation: City Council approval of the Community Services Agreement with Metroport Meals on Wheels for the term October 1, 2022- September 30, 2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-4 AGREEMENT BETWEEN CITY OF SOUTHLAKE 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 an 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. DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-5 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 $25,500 to be dispersed annually on November 1 of each year. 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), 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 DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-6 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 7 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 The term of this agreement shall be for a period beginning October 1, 2022 and ending September 30, 2025. 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 remedies, including suits for damages and recovery of attorney's fees are specifically waived by both parties. DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-7 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. 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. DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-8 SECTON 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 MMOW have executed this Agreement as of this day of , 2022 Mayor, City of Southlake ADOCUSigned by: MaryiihV; Sk9didtive Director Metroport Meals on Wheels Attest: Amy Shelley, TRMC City Secretary Approved as to form and legality: Attorney at Law DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-9 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 in coordination with the Senior Services Coordinator. 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 1st Monday of each month. 5. Perform general clean up following each event, clean catering kitchen along with all utensils, return all dispensers and other materials to proper location. 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. B. In addition to payment described in Section 4 of this agreement, City shall: DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-10 Provide a staff contact person to serve as a liaison between City and MMOW. 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 and/or www.experiencesouthiaketexas.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.MVSouthlakeNews.com and/or www.CityofSouthlake.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. 4. Consider highlighting information contained in electronic e-blasts to the members or senior newsletter. Any and all information in such press releases will be subject to review and possible revision prior to posting. 5. Provide access to the City's logo for use by MMOW. Such use is subject to review and approval by the City's Deputy Director of Communications. 6. Provide at no cost to MMOW in accordance with current policies and guidelines, the use of City facilities, excluding The Marq Southlake, 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. 7. Provide to MMOW 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 MMOW business. 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 MMOW 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. DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-11 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. 2. MMOW shall develop and provide a detailed 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, detailed budget sheet outlining how the City's funding is utilized in support of MMOW, and any other information agreed to by both MMOW and the City at the end of each fiscal year (September 30). 3. MMOW shall continue to provide monthly written reports to the City. 4. Base payment of $25,500 is for 100 participants per week. The CITY will pay up to an additional 75 participants at a rate of $5 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 Hospitality & Sales Manager 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. The number of volunteers needed for the Luncheon will be determined by MMOW's Luncheon Coordinator and Senior Services Coordinator. MMOW will recruit and manage an appropriate number of individuals and civic organizations to volunteer at the luncheons. The City of Southlake reserves the right to restrict the number of volunteers needed. DocuSign Envelope ID: 77FCED7F-026D-4A21-B29C-179A98E2915C Item 41-12 10. To Go Meals are not permitted, in extenuating circumstances, a MMOW representative shall request the meal from the Senior Services Coordinator for approval.