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Item 4K - memoItem 4K-1 ICITY OF SOUTHLAKE MEMORANDUM September 8, 2022 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve Community Services Agreement with SafeHaven of Tarrant County for the term October 1, 2022- September 30, 2025 Action Requested: City Council approval of the Community Services Agreement with SafeHaven of Tarrant County for the term October 1, 2022 - September 30, 2025. Background Information: The City works with non-profit community organizations such as SafeHaven of Tarrant County 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 SafeHaven of Tarrant County, to provide assistance to eligible Southlake residents, will expire September 30, 2022. The City's proposed allocation amount of $1,080/year to the organization for services for Southlake citizens is $80 more than the previous Agreement of $1,000. This represents an 8% increase to account for inflation and increased costs of providing these services to residents. During the last fiscal year, SafeHaven of Tarrant County supported Southlake citizens by: • Providing approximately $18,000 in assistance; • Serving the community through outreach programs; • Using 41 volunteers with over 1,900 volunteer hours; City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4K-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 SafeHaven of Tarrant County in the quarterly editions of the Experience Southlake Magazine, as the magazine is no longer published. • 8% increase in annual payment, changing from $1,000 to $1,080. 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: As mentioned above, SafeHaven of Tarrant County will receive $1,080/year for the term of the Agreement. $1,080 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 SafeHaven of Tarrant County 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: City Council consideration September 20, 2022 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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4K-3 Shana Yelverton, City Manager Meeting Date — September 20, 2022 Page 3 of 3 Supporting Documents: • Approve proposed SafeHaven of Tarrant County Community Services Agreement as presented • Approve proposed SafeHaven of Tarrant County Community Services Agreement with input as desired • Decision not to renew the proposed SafeHaven of Tarrant County Community Services Agreement • SafeHaven of Tarrant County Community Services Agreement Staff Recommendation: City Council approval of the Community Services Agreement with SafeHaven of Tarrant County for the term October 1, 2022- September 30, 2025. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-1BA6E07A47C2 Item 4K-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 an 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. DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-lBA6E07A47C2 Item 4K-5 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 $1,080 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 Milenka Lopez, Assistant to the Director of Community Services, 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 HAVE ARISEN FROM THE NEGLIGENT ACT OR OMISSION OF THE CITY, ITS DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-lBA6E07A47C2 Item 4K-6 Community Services Agreement with SafeHaven of Tarrant County Page 3 of 8 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, 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 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. DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-1BA6EO7A47C2 Item 4K-7 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. DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-1BA6EO7A47C2 Item 4K-8 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 , 2022. Mayor, City of Southlake DocuSigneedd by: �r $Q9.. Kathryn Jacob Executive Director SafeHaven of Tarrant County Attest: Amy Shelley, TRMC City Secretary Approved as to form and legality: City Attorney DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-1BA6EO7A47C2 Item 4K-9 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: Amy Hampton b. Title: Private Grants Manager c. Phone: 817.701.7233 d. Email Address: ahampton(o)-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 DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-1BA6EO7A47C2 Item 4K-10 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 Coordinator c. Phone: 817.748.8173 d. Email Address: vsnyder6a 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 www.MySouthlakeNews.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. Provide access to the City's logo for use by SafeHaven. Such use is subject to review and approval by the City's Deputy Director of Communications. 5. 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. 6. 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. DocuSign Envelope ID: OFB85B43-7EF8-4EC2-8D93-1BA6EO7A47C2 Item 4K-11 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 a detailed 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, a detailed budget sheet outlining how the City's funding is utilized in support of SafeHaven, and any other information agreed to by both SafeHaven and the City.