Item 5K
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 Call A Ride of Southlake, Inc.
SUBJECT:
(CARS)
___________________________________________________________________________
Action Requested:
City Council approval of 2006 community services agreement with Call A
Ride of Southlake (CARS) to provide transportation services to the disabled
and senior citizens of Southlake.
Background
Information:
Call A Ride of Southlake, Inc. (CARS) was organized as a non-profit
corporation in November of 1999, and a board of directors established. Since
then, CARS has established operating policies, recruited and trained volunteer
drivers, and established a dispatch service. CARS began offering transportation
services to Southlake seniors and disabled residents in January of 2000.
The proposed community services renewal agreement with CARS outlines the
services to be provided, term of the agreement, and financial support from the
City. The proposed agreement contains no substantive changes from the
previous year. CARS has demonstrated a commitment to providing quality
service and continues to average approximately 150 one-way trips provided
per month.
Financial
Considerations:
As part of the proposed agreement, funding in the amount of $10,000 is
requested by Call A Ride of Southlake (CARS) for 2006. Funding is available
in the approved FY 2005-06 general fund budget for this proposed
expenditure.
Financial Impact:
The financial impact to the City includes the anticipated annual payment of
$10,000 (distributed in quarterly payments subject to conditions) to CARS and
the provision of office space at the DPS east facility.
Citizen Input/
Board Review:
Call A Ride of Southlake, Inc., has reviewed the proposed agreement and
responded with no recommended changes.
The Senior Advisory Commission reviewed the proposed agreement at their
December meeting and voted (7-0) to make a recommendation to City Council
to approve the 2006 Community Services Agreement with CARS.
Shana Yelverton, City Manager
December 22, 2005
Page 2
Legal Review:
The proposed agreement contains no substantive changes from the previous
year’s document and has been reviewed by the City Attorney.
Alternatives:
Alternatives may include:
City Council approval of the proposed community services agreement
as submitted.
City Council approval of the proposed community services agreement
with input as desired.
City Council decision not to approve the proposed community services
agreement.
Supporting
Documents:
Supporting documents include:
Proposed 2006 community services agreement between the City of
Southlake and Call A Ride Southlake, Inc.
Staff
Recommendation:
City Council approval of 2006 community services agreement with Call A
Ride of Southlake (CARS) to provide transportation services to the disabled
and senior citizens of Southlake.
Shana Yelverton, City Manager
December 22, 2005
Page 3
2006 AGREEMENT BETWEEN
CITY OF SOUTHLAKE AND
CALL A RIDE OF SOUTHLAKE, INC.
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 Call A Ride of 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 non-emergency transportation to senior citizens and
disabled adult persons (“qualified persons”); and
WHEREAS
, City and CARS desire to enter into a Renewal Agreement whereby CARS will continue
to provide free non-emergency transportation to qualified residents of the Southlake Community;
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 following services:
(1)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)Permanently disabled youth (under the age of 18 years) and their care giver(s) limited
to transportation provided with the CARS van, and
(c)who are residents of Southlake, and
(d)whose physical condition permits them to be transported by the drivers in the vehicles
available, including an Activan with ramp for wheelchairs and motor chairs.
(e)City of Southlake will have access to the CARS van for use by CARS certified City
staff members or City volunteers for City sponsored activities relating to therapeutic
recreation.
(f)The CARS van will be available for programs sponsored by the Southlake Senior
Activity Center and all of their participants.
Shana Yelverton, City Manager
December 22, 2005
Page 4
(2) CARS will provide transportation to the persons identified in Subsection A(1) above:
(a) to and from non-emergency medical appointments, dental appointments, and health
care providers located within a twenty-five (25) mile radius of the Southlake Senior
Activity Center;
(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 Southlake Senior Activity Center.
(3) CARS shall not be obligated to transport disabled individuals for whom CARS is unable to
provide safe transportation.
(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)CARS drivers shall also use the ramp equipped minivan, owned by CARS, when
necessary to transport wheelchair or power chair bound individuals or when a suitable
volunteer owned vehicle is not available.
(c)Transportation services will be provided Monday through Friday during the hours
between 8:00 AM and 5:00 PM, or by special arrangement.
(d)Transportation normally will be scheduled at least 24 hours prior to departure.
(5) Regular office hours with available staff in office will be established and published by CARS.
Such hours shall be no less than two (2) consecutive hours per week to occur at the same time
and on the same day of each week.
(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.
(7)CARS will provide an after-hours on-call emergency contact number available to the public
safety dispatch office to reach a representative from CARS.
(8)CARS shall provide copies of the minutes of the CARS Board meetings to the City’s Director
of Community Services within thirty (30) days of the meeting.
(9) CARS will maintain and provide monthly detailed records and reports as specified in Section
4 of this Agreement.
(10) CARS shall maintain insurance which will name the City as an insured on the CARS auto
Shana Yelverton, City Manager
December 22, 2005
Page 5
liability coverage.
B. CITY shall provide the following:
(1) City agrees to publicize and encourage use of the services of CARS within selected current
City mailings, on the City’s Cable Television Channel and other means at the discretion of the
City.
(2)City shall name 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 for each meeting, and the City liaison may participate with the CARS board at
all scheduled meetings.
(3)City shall continue to provide office space to CARS for basic operations needs.
SECTION 2
GOVERNANCE
A. 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 CARS.
SECTION 3
PAYMENT FOR SERVICES
In recognition that the City elected to support the CARS transportation program rather than provide
such service as a City-owned community transportation service, and that CARS has successfully completed
six years of operations, having commenced transporting qualified users in January 2000 as promised. City
agrees to an annual stipend to be paid to CARS in the amount of $10,000 to be dispersed in quarterly
payments throughout the fiscal year following the successful completion of each previous quarter of service,
the presentation to the City of an invoice for the quarterly payment and subject to the terms and conditions of
this Agreement. The first payment shall be made in January 2006 based on an invoice for services in
October, November, and December, 2005 and every three months thereafter in accordance with these
provisions. Payment of services by the City of Southlake of $10,000, dispersed in quarterly payments, will
cover a one-year period.
Payment by the City shall be applied towards the costs of the following:
Supplies and printing costs associated with promotion of CARS service to Southlake residents.
Telephone and other utilities associated with dispatching volunteer drivers.
Maintenance and operations expenses, and insurance costs necessary for operating the ramp equipped
Activan.
Personnel expenses.
Other operational costs including, but not limited to, insurance requirements for CARS Board members,
volunteer drivers, and paid staff.
SECTION 4
Shana Yelverton, City Manager
December 22, 2005
Page 6
REPORTING
A. CARS shall generate and provide to the Director of Community Services of the City, monthly reports
which shall include detailed records of qualified persons served, trip destinations and mileage driven,
driver and other qualifications, revenues received, cost and expenses incurred, number of rides
requested and not able to provide, and number of scheduled rides missed and the cause, and any other
information or data collected and as may be requested by the City.
B. CARS shall provide the City information, if requested, necessary for the City to conduct a
performance evaluation, including but not limited to:
1. ridership audits and response times;
2. on-time analysis;
3. customer satisfaction survey.
SECTION 5
INSURANCE AND INDEMNIFICATION
A. CARS shall provide City proof of automobile liability insurance coverage with minimum limits of
$250,000/$500,000, with City as an additional named insured. The City of Southlake will be listed as
an additional insured as: City of Southlake, Texas, c/o Director of Community Services, 400 North
White Chapel, Southlake, Texas 76092.
CARS AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
B.
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 6
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.
Shana Yelverton, City Manager
December 22, 2005
Page 7
SECTION 7
TERM OF AGREEMENT
1. The term of this agreement shall be for a period 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 by both parties.
2. 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 transportation
services, CARS shall return to the City any unexpended funds paid pursuant to this Agreement.
This Agreement sets forth all the agreements between the parties and no modification shall be effective
unless reduced to writing and signed by the party to be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF
the City and CARS have executed this Agreement as of this
day __________ of ____________________, 200__.
CALL A RIDE OF SOUTHLAKE CITY OF SOUTHLAKE
By: ______________________________ By:________________________________
Barbie Derby, Chairman Andy Wambsganss, Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney