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Item 5H City of Southlake, Texas M E M O R A N D U M December 22, 2005 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services Approve a Community Services Agreement with Metroport Meals on Wheels SUBJECT: (MMOW) _______________________________________________________________________ Action Requested: City Council approval of Community Services Agreement with Metroport Meals on Wheels (MMOW). Background Information The Tuesday congregate meal program is currently part of the : weekly activities at the Senior Activity Center. Seniors pay $3.00 for the meal, which is provided by MMOW through various vendors. City funding helps cover a portion of the MMOW staff, supplies, and administrative costs for the Tuesday program and supplements the home delivered meals. MMOW serves on average 77 meals per week utilizing primarily volunteers, in addition to providing supplemental Tuesday lunch activities such as bingo and themed celebrations. The proposed agreement outlines the services to be provided by MMOW, defines the term of the agreement, and requests funding of $12,600 for the upcoming year. This represents an increase of $2,600 to help offset rising costs for services. Funding for this increase was included and approved as part of the fiscal year 2005- 06 budget. Financial Considerations: MMOW requests funding of $12,600 for the Tuesday congregate meal program and the home delivered meal program. Funding is available in the approved FY 2005-06 Community Services division budget for this expenditure. Citizen Input/ Board Review: The Southlake Senior Advisory Commission reviewed and recommended approval of the proposed agreement (7-0) at their December 13, 2005 meeting. MMOW representative Mary King reviewed the proposed agreement and did not recommend any changes. Shana Yelverton, City Manager December 22, 2005 Page 2 Legal Review: The community services agreement contains no substantive changes and has been reviewed by the City attorney. Alternatives: Alternatives may include: Approval of proposed Community Services Agreement as presented Approval of proposed Community Services Agreement with input as desired Decision not to approve Community Services Agreement as presented Supporting Documents: Supporting documents include: Proposed Agreement for Community Services with Metroport Meals on Wheels Staff Recommendation: City Council approval of 2006 Community Services Agreement with Metroport Meals on Wheels (MMOW). Shana Yelverton, City Manager December 22, 2005 Page 3 2006 AGREEMENT FOR COMMUNITY SERVICE 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 (hereinafter referred to as “MMOW), a nonprofit organization operating in the City of Southlake as an organization described in section 501 (c) 3 of the Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as “Coordinator”). WHEREAS , the purpose of MMOW is to deliver hot meals to homes of the elderly in Southlake, Grapevine, Colleyville, Keller, Argyle, Trophy Club, Westlake, Justin, Haslet, Roanoke, Marshall Creek, Bedford, Northlake, Bartonville, Aurora, Newark, Rhome, and North Richland Hills and to manage senior programs and activities as needed to citizens of these communities; and WHEREAS , City and MMOW desire to enter into an Agreement whereby MMOW will provide meals and social services to the seniors of the Southlake community and others as referred by City; NOW, THEREFORE, City and MMOW do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The scope of Service shall include: MMOW 1.To coordinate, organize and run the weekly (Tuesday) Southlake senior congregate luncheon program and associated Tuesday activities. 2.To organize volunteers to plan and support Southlake’s Tuesday 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 Tuesday congregate lunch program and associated activities. Shana Yelverton, City Manager December 22, 2005 Page 4 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 nd basis, due the 2 Tuesday 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, phone number and emergency information. 7. A Metroport Meals on Wheels representative will attend the monthly meeting of the Senior Advisory Commission to provide a report and statistics. City 1.Provide the facility each Tuesday from 9:00 am to 2:00 p.m. 2.Provide a City liaison to provide guidance and direction to MMOW and monitor activities. SECTION 2 MMOW’S OPERATIONS 1.Hours of Operation for the congregate lunch program shall be from 10:00 am to 2:00 p.m. every Tuesday and shall be defined by the City of Southlake Senior Advisory Commission, City of Southlake Community Services Department and MMOW. 2.MMOW shall operate in accordance with its own approved by-laws. 3.MMOW Board of Directors shall meet periodically. The time, date, place, and agenda of those meetings shall be solely defined by MMOW. The City liaison shall be apprised of all board meetings, and the liaison may participate at all scheduled meetings. 4.The City shall have the right to review the books and records kept incident to the services provided by MMOW to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to MMOW the sum of $12,600 for the period of January 1, 2006 – December 31, 2006, payable in quarterly payments of $3,150, to help cover the cost of the following: 1.A Senior Congregate Luncheon Coordinator provided through MMOW to perform services described in Section 1. Shana Yelverton, City Manager December 22, 2005 Page 5 2.Supplies provided by MMOW such as paper plates, cups, napkins, paper towels, table cloths and craft supplies for the fourth Tuesday craft activity held prior to the congregate luncheon. 3.Subsidize the cost of food for those persons unable to pay for their meals. This includes meals served at the weekly congregate lunch and for home delivered meals for the elderly of Southlake. 4.Individuals who can afford to pay for the senior center luncheon meal will be charged a maximum of $3.00 per person. MMOW has the option to waive the luncheon fee if an individual brings a covered dish for the luncheon or if the individual is unable to pay. Individuals who can afford to pay for the home delivered meal will be charged only the actual cost of the meal not to exceed $3.00 per person. Any increase in this fee shall be approved by the City of Southlake Senior Advisory Commission and the City of Southlake. SECTION 4 TERM OF AGREEMENT 1. The term of this agreement shall be for a period of one (1) year beginning January 1, 2006 and ending December 31, 2006. This agreement may be renewed for up to three successive one-year periods beginning on January 1 and ending on December 31 of each year upon written agreement of both parties. 2. Either party may terminate this Agreement upon 30 days written notice to the other party. Upon termination, or if MMOW ceases to provide services under this Agreement, MMOW shall return any unexpended funds paid pursuant to this Agreement. SECTION 5 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. Neither party shall have the authority to make binding representations or agreements on behalf of the other. SECTION 6 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. Shana Yelverton, City Manager December 22, 2005 Page 6 IN WITNESS WHEREOF the City and MMOW have executed this agreement as of this _______day of ________, 200 . Approved as to legal form and adequacy: ______________________ _______________________ Attorney at Law Mayor, City of Southlake _______________________ Executive Director, MMOW