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2010-01-12 SAC PacketCITY iOF��Tur A KE MEMORANDUM December 22, 2009 TO: Senior Advisory Commission FROM: Kerry McGeath, Deputy Director of Community Services SUBJECT: Agenda Item Comments for Senior Advisory Commission Meeting Tuesday, January 12, 2010 at 1:00 p.m. Please note the meeting will be held at the usual time and location —.Tuesday, January 72 2010 at 1:00 p.m. in the SenlorActivity Center. 1. Agenda Item No. 2. Administrative Comments: A. SAC Meeting Time -- Currently, the start time for SAC meetings is 1.00 p.m. This item is included at the request of Chair Baltimore to discuss the current arrangement and/or explore options. B. Game Stop Demonstrations of Wii Games and Fitness — An invitation has been extended to Game Stop to demonstrate various Wii and fitness games available to seniors. 2. A enda Item No. 3A. Consent: Approval of the Minutes from the November 10 2009 regular Senior Advisory Commission meeting. Should you have any changes or additions to these minutes, please include them as park of the motion during the meeting. 3. Agenda Item No. 4. Public Forum — This is the public's opportunity to address the Commission about non -agenda items. During this proceeding it is important that the Commission not deliberate (discuss among yourselves) or take action on any item brought up at this time. The Commissions' options during this topic are 1) to listen, 2) ask questions and respond to the presenter only, 3) request staff to look into the issue and report back to the Commission and/or 4) request that the Chair put the item on a future agenda for the Commission to discuss or consider. 4. Agenda Item No. 5. Report: CARS — This item is a standing item on the agenda to allow for an update on CARS issues and provide statistical reports. 5. Agenda -Item No. 6. Report: Southlake Senior Activities — This item is a standing item in order for the Commission members to receive information about monthly events and activities. City of Southlake Values. - Integrity 1 Innovation o Accountability 1 Commitment to Excellence e Teamwork Senior Advisory Commission Meeting Date -- January 12, 2010 Page 2 of 3 6. Agenda Item No. 7. Report: Metroport Meals on Wheels - This standing item allows monthly and quarterly reports to the Commission from MMOW representatives Mary King or Darla Fowler and to discuss present and future issues with the program. 7. Agenda Item No. 8. Report: Facilities Update — Current & Future/New --- This item is a standing item for the Commission members to receive information about progress being made in connection with current and future facilities. 8. Agenda Item No. 9. Consider: Recommendation on 2010 Community Services Agreement with Call A Ride Southlake CARS — Call A Ride of Southlake, Inc. (CARS) has been providing transportation services to seniors and the disabled within Southlake since 1999. CARS utilizes a City -owned handicap accessible van and personal vehicles of volunteers to provide rides for seniors and the disabled in Southlake. The proposed agreement requests funding for CARS in the amount of $12,000, to be paid quarterly and subject to the conditions outlined in the community services agreement. Funding is available in the approved FY 2009-10 Community Services division budget for this expenditure. There are no substantive changes to the proposed agreement and funding will remain at the same level as last year. 9. Agenda Item No. 10. Consider: Recommendation on 2010 Community Services Agreement with Metroport Meals on Wheels MMOW — The Metroport Meals on Wheels (MMOW) is a non-profit organization that provides meals for Southlake seniors. Meals are provided each Tuesday at the Senior Center as part of the congregate meal program. Meals are also delivered to the homes of seniors who are Southlake residents. Due to rising food costs, MMOW is requesting the senior center congregate meal be raised from $3.00 per person to $4.00 per person and the home -delivered meal be raised from $3.00 per person to $5.50 per person. This is the first rate increase since 2003. The proposed agreement also includes funding for MMOW in the amount of $12,600 for 2010 to support their organization. Funding is available in the FY 2009-10 budget. There are no other substantive changes to the proposed agreement and the funding remains at the same level as the previous year. 10. Agenda Item No. 11. Consider: Recommendation to approve Policies and Ordinance Review Committee P.O.R.C. revisions to the Senior Adviso Commission Bylaws — On November 9, 2004, City Council appointed a Policies and Ordinance Review Committee (P.O.R.C.) to review policies and ordinances that influence the operations of the Community Services Department, including operations of the senior center. The committee consisted of council members Carolyn Morris, Greg Jones and Virginia Muzyka; then Park Board members Katrina Peebles, Mike Mills and Cara White; Senior Advisory Commission members Bill Kyle and Cleta Pierce; SYAC representative Chelsea Payne and city staff members Steve Polasek and Steve Moore. P.O.R.C. was tasked with reviewing selected policies and ordinances that had become outdated and no longer consistent with current practices and existing conditions and developed recommendations to improve the relevancy of the City of Southlake Values: Integrity ♦ innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Senior Advisory Commission Meeting Date —January 12, 2010 Page 3 of 3 policies and ordinances. The committee met monthly beginning in 2004 and concluded their reviews in April 2006. As part of their assignment, they reviewed and made minor grammar and housekeeping revisions to the Senior Advisory Commission Bylaws that were approved (9-0) by SAC at their January 10, 2006 meeting. The proposed revisions were reviewed and approved by the City Attorney. The next step to complete the P.O.R.C. assignment is for the Senior Advisory Commission to ratify the P.O.R.C. revisions to the SAC Bylaws by making a recommendation to City Council. A copy of the Bylaws with the P.O.R.C. revisions is included in your packet for review. 8. Agenda Item No. 12. Consider: Recommendation to approve Policies and Ordinance Review Committee P.O.R.C. revision to Senior Advisoa Commission Ordinance No. 653-A and Chapter 2 of the Southlake City Code — As mentioned in the previous item, as directed by City Council, P.O.R.C. reviewed and proposed minor grammar and housekeeping revisions to Ordinance No. 653-A and Chapter 2 of the City Code pertaining to Senior Advisory Commission as part of their review and updating of selected policies and ordinances. The revisions have been reviewed and approved by the City Attorney. A copy of the revised section of the City Code, which includes provisions of Ordinance No. 653-A, is included in your packet. To conclude the P.O.R.C. assignment, a recommendation from SAC to City Council is needed on the P.O.R.C. proposed revisions to Ordinance 653-A and Chapter 2 of the City Code. We appreciate your commitment and service to the City and the Senior Advisory Commission. If you have any questions prior to the meeting, please feel free to call me at (817) 748.8398. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability o Commitment to Excellence o Teamwork CITY OF SOUTHLAKE SENIOR ADVISORY COMMISSION: Tuesday, January 12, 2010 LOCATION: Southlake Senior Center 307 Parkwood Drive Southlake, Texas 76092 TIME: 1:00 P.M. REGULAR SESSION: 1. Call to Order 2. ADMINISTRATIVE COMMENTS: A. SAC meeting Time B. Game Stop Demonstration of Wii Games and Fitness CONSENT AGENDA: All items listed below are considered to be routine by the Senior Advisory Commission and will be enacted with one motion. There will be no separate discussion of items unless a Commission member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 3. Consent A. Approval of the November 10, 2009 regular Senior Advisory Commission meeting minutes. REGULAR AGENDA: 4. Public Forum 5. Report: CARS (Dick Johnston) 6. Report: Southlake Senior Activities (Nancy Sporn) 7. Report Metroport Meals on Wheels (Mary King/Darla Fowler) 8. Report: Facilities Update — Current & Future/New (Kerry McGeath) 9. Consider: Recommendation on 2010 Community Services Agreement with Call a Ride Southlake (CARS) Senior Advisory Commission Meeting Date — January 12, 2010 Page 2 of 2 10. Consider: Recommendation on 2010 Community Services Agreement with Metroport Meals on Wheels (MMOW) 11. Consider: Recommendation to approve Policies and Ordinance Review Committee (P.O.R.C.) revisions to the Senior Advisory Commission Bylaws 12. Consider: Recommendation to approve Policies and Ordinance Review Committee (P.O.R.C.) revision to Senior Advisory Commission Ordinance 653-A and Chapter 2 of the Southlake City Code 13. Discussion: No items this agenda. 14. Adjournment CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on January 8, 2010 at 5:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Lori Payne, TR City Secretary If you plan to attend this p pli' tin d have a disability that requires special needs, please advise fibs Cit :;�set,�r A8 hours in advance at 817.748.8016 1 1E0 reasonable accommodations w111 be made to assist you. UNOFFICIAL MINUTES Not Approved by the Senior Advisory Commission CITY OF SOUTHLAKE SENIOR ADVISORY COMMISSION November 10, 2009 Bob Jones Nature Center MEMBERS AND ALTERNATES PRESENT: David Baltimore, Chairman; Jean Boland, Charlie Boyd, Pat Burnett, Craig Hayes, Marge Kyle, Dick McCauley, Cleta Pierce and Nancy Sporn MEMBERS AND ALTERNATES ABSENT: None EX OFFICIO MEMBERS AND GUESTS PRESENT: Darla Fowler, MMOW Coordinator STAFF PRESENT: Amanda Troum, Senior Services Coordinator, and Kerry McGeath, Community Services Deputy Director GUEST Present: City Council member Brandon Bledsoe Agenda Item No. 1. Calf to Order Chairman David Baltimore called the meeting to order at 2.00 p.m. Agenda Item No. 2. Administrative Comments A. City Council Member Update -- City Council member Brandon Bledsoe provided an update on current issues with the city. B. Bob Jones Nature Center Presentation — Bob Jones Nature Center Recreation Aide Elaine Parry provided an overview of the functions and programs offered at the center and preserve. C. Invitation to APEX Arts League Concert — The APEX Arts League and the Southlake Senior Center will host a concert, "Chamber Music at The Chamber," Sunday, November 15 at 2:00 p.m. in the Southlake Town Hall lobby. Volunteers are needed for this event. D. Metroport Meals on Wheels Volunteers Needed for Tuesday Luncheons — Metroport Meals on Wheels is seeking volunteers in our community who would like to help with the Tuesday Luncheons by serving and/or helping with the clean up. Agenda Item No. 3A. Approval of the October 13, 2009 Senior Advisory Commission meeting minutes. Minutes of the November 10, 2009 Senior Advisory Commission Page 1 of a 3A - UNOFFICIAL MINUTES Not Approved by the Senior Advisory Commission A motion was made and unanimously approved to accept the minutes as presented. Agenda Item No. 4. Public Forum There were no items at this time. Agenda Item No. 5. Report: CARS Dick McCauleyj Dick McCauley reported on CARS ridership for the previous month. Agenda Item No. 6. Report: Southlake Senior Activities NangSporn) Nancy Sporn, liaison for the Steering Committee, reported on the many activities that occurred in the past month including the Tuesday Luncheons. Agenda Item No. 7. Report: Metro ort Meals on Wheels Darla Fowler Darla Fowler reported that the Thanksgiving meal will be on Tuesday, November 17, and the Christmas meal would be served on Tuesday, December 15. No meals will be served on Tuesday, November 24, and Tuesday, December 22. Ms. Fowler has been working on the New Years Celebration to be held on Tuesday, December 29. Agenda Item No. 8 Report: Facilities Update — Current & Future/New Kerry McGeath, Deputy Director of Community Services, reported that the City is hiring a facilities consultant to examine the needs of the city for a Community Center. Agenda Item No. 9. Consider: Cancellation of December 8 2009 Senior Adviso Commission Meeting After brief discussion, the Commission agreed to cancel the regularly scheduled December SAC meeting. A motion was made and unanimously approved to cancel the December 8, 2009 meeting. A enda Item No. 10, Discussion Committee for the Grand Reopening of the Senior Center The Commission discussed decorations, table host, front door greeters, entertainment, presentations, emcee and invitations for the Senior Center Grand Minutes of the November 10, 2009 Senior Advisory Commission Page 2 of 3 3A-2 UNOFFICIAL MINUTES Not Approved by the Senior Advisory Commission Reopening event to be held Tuesday, December 15, 2009 and made assignments. Agenda Item No. 11. Adjournment A motion was made and unanimously approved to adjourn the meeting. David Baltimore, Chair Kerry McGeath, Deputy Director of Community Services Minutes of the November 10, 2009 Senior Advisory Commission Page 3 of 3 3A-3 CITY OF CCjj ®®]]jj MEMORANDUM December 22, 2009 TO: Senior Advisory Commission FROM: Kerry McGeath, Deputy Director of Community Services SUBJECT: 2010 Community Services Agreement with Call A Ride Southlake (CARS) Action Requested: Senior Advisory Commission recommendation to City Council for approval of 2010 community services agreement with 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 agreement outlines the services to be provided by CARS, defines the term of the agreement, and requests funding of $12,000 for the upcoming year. CARS has reviewed the agreement and did not recommend any changes. Financial Considerations: As part of the proposed agreement, funding in the amount of $12,000 is requested for CARS. Funding is available in the approved FY 2009-10 general fund budget for this proposed expenditure. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Mobility, Quality Development and Partnerships and Volunteerism and meets the corporate objectives to Provide Travel Convenience within City and Region, Collaborate with Select Partners to Implement Service Solutions, Actively Promote Opportunities for Partnerships and Volunteer Involvement. 9-1 Senior Advisory Commission Meeting Date January 12, 2010 Page 2of9 Citizen Input( Board Review: CARS has reviewed the proposed agreement with no changes were recommended. Legal Review: The proposed agreement has been reviewed by the City Attorney. Alternatives: Alternatives may include: ■ Senior Advisory Commission recommendation of approval of the proposed community services agreement as submitted. ■ Senior Advisory Commission recommendation of approval of the proposed community services agreement with input as desired. ■ Senior Advisory Commission recommendation not to approve the proposed community services agreement. Supporting Documents: Supporting documents include: ■ Proposed 2010 community services agreement between the City of Southlake and CARS Staff Recommendation: Senior Advisory Commission recommendation to City Council for approval of 2010 community services agreement with CARS to provide transportation services to the disabled and senior citizens of Southlake 9-2 Senior Advisory Commission Meeting Date —January 12, 2010 Page 3 of 9 2010 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE OF SOUTHLAKE, INC. STATE OF TEXAS § V91 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 a handicapped accessible vehicle, and 9-3 Senior Advisory Commission Meeting Date —January 12, 2010 Page 4 of 9 (c) who are residents of Southlake, and (d) whose physical condition permits them to be transported by the drivers in the vehicles available, including a City -owned Activan with ramp for wheelchairs and motor chairs. (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) Transportation services will be provided Monday through Friday during the hours between 8:00 AM and 5:00 PM, or by special arrangement. (c) Transportation normally will be scheduled at least 24 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. am Senior Advisory Commission Meeting Date —January 12, 2010 Page 5 of 9 (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 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, as well a financial report annually prior to expiration of the Agreement. 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 two weeks prior to any scheduled meetings, and the City liaison may participate with the CARS board at all scheduled meetings. (3) City shall continue to provide office space as available 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 the CARS board of directors. 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 ten years of operations, having commenced transporting qualified users in January 2000 as promised. City agrees to an annual payment to be paid to CARS in the amount of $12,000 to be dispersed quarterly throughout the year following the successful completion of each previous quarter of service, the presentation to the City of an invoice for rt� Senior Advisory Commission Meeting Date —January 12, 2010 Page 6 of 9 the quarterly payment and subject to the terms and conditions of this Agreement. The first payment shall be made in January 2010 based on an invoice for services in October, November, and December, 2009 and every three months thereafter in accordance with these provisions. Payment of services by the City of $12,000, dispersed in quarterly payments, will cover a one-year period. Payment by the City shall be applied towards the costs of the following: • Marketing supplies and printing costs associated with promotion of CARS service to Southlake residents • Telephone and other utilities associated with dispatching volunteer drivers • Personnel expenses • Other operational costs including, but not limited to, insurance requirements for CARS Board members, volunteer drivers, and paid staff. SECTION 4 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; and 4. comparative monthly and yearly statistics. SECTION 5 INSURANCE AND INDEMNIFICATION A. 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 ME Senior Advisory Commission Meeting Date —January 12, 2010 Page 7of9 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. SECTION 7 TERM OF AGREEMENT 1. The term of this agreement shall be for a period beginning January 1, 2010 and ending December 31, 2010. 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. Execution of this 2010 Agreement constitutes the third successive, one-year renewal period upon written agreement of 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. SECTION 8 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 9-7 Senior Advisory Commission Meeting Date —January 12, 2010 Page 8of9 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 9 CITY OF SOUTHLAKE VALUES The City of Southlake 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: at 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 9 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. 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. Senior Advisory Commission Meeting Date — January 12, 2010 Page 9 of 9 IN WITNESS WHEREOF the City and Call A Ride Southlake have executed this Agreement as of this day of , 200,. Mayor, City of Southlake Chairman, Call A Ride Southlake Approved as to form and legality: Attorney at Law CITY OFSOU A1 MEMORANDUM December 28, 2009 TO: Senior Advisory Commission FROM: Kerry McGeath, Deputy Director of Community Services SUBJECT: 2010 Community Services Agreement with Metroport Meals on Wheels (MMOW) Action Requested: Senior Advisory Commission recommendation for approval of 2010 Community Services Agreement with Metroport Meals on Wheels (MMOW) Background Information: The Tuesday congregate meal program is part of the weekly activities at the Senior Activity Center. Currently, seniors pay $3.00 for the senior center luncheon meal and $3.00 for the home -delivered meal, which has been provided by MMOW through various vendors. City funding helps cover MMOW staff, supplies, and administrative costs for the Tuesday program and supplements the home delivered meals. Due to rising food cost in the last 18 months, MMOW is requesting a small price increase for both types of meals — $4.00 per person for the senior center luncheon meal and $5.50 per person for the home - delivered meal, which is outlined in Section 3(4) of the 2010 Agreement. MMOW has not increased the cost of the Senior Center lunches since 2003. They have held the cost as long as possible, but the increase in the cost of food is driving the price increase for the senior center meal from $3 to $4 per person. Additionally, the daily home -delivered lunches are now being provided by Cafe de Soleil in Southlake Town Square at a cost of $5.50 per meal. This change was made to address requests by volunteers for a food partner that was located in closer proximity to Southlake participants to minimize driving distance. The previous provider was Mimosa Manor in Keller. There is no change in the Agreement to waive the fee if a covered dish is provided or if there is financial 10-1 Senior Advisory Commission Meeting Date —January 12, 2010 Page 2 of 7 need on the part of a participant. No other substantive changes to the Agreement are proposed. In addition to the proposed price increase for meals, the 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 representing no change in financial support from last year's agreement. 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 2009-10 Community Services division budget for this expenditure. There is no change in funding from the City from the previous year. Citizen Input/ Board Review: MMOW has reviewed the proposed agreement and recommended price increases for the senior center luncheon meal and home -delivered meal costs to offset the rise in food prices. No other changes were proposed. Legal Review: The community services agreement has been reviewed by the City Attorney, Alternatives: Alternatives include: Recommendation for approval of Community Services Agreement as presented Recommendation for approval of Community Services Agreement with input as desired Recommendation 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: Senior Advisory Commission recommendation for approval of 2010 Community Services Agreement with Metroport Meals on Wheels (MMOW) 10-2 Senior Advisory Commission Meeting Date —January 12, 2010 Page 3 of 7 2010 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, Bedford, Northlake, Bartonville, Aurora, Boyd, 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: u ►1TTiCr7 Z To coordinate, organize and run the weekly (Tuesday) Southlake senior congregate luncheon program and associated Tuesday activities. 10-3 Senior Advisory Commission Meeting Date — January 12, 2010 Page 4 of 7 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. 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 2"d 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, city, phone number and emergency information. 7. A Metroporl: Meals On Wheels representative will attend the monthly meeting of the Senior Advisory Commission to provide a report and statistics. qLty 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 Trustees shall meet periodically. The time, date, place, and agenda of those meetings shall be solely defined by MMOW. The City liaison shall be informed of all board meetings, and the liaison may participate at all scheduled meetings. tQ-4 Senior Advisory Commission Meeting Date — January 12, 2010 Page 5 of 7 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, 2010 — December 31, 2010, 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. 2. Supplies provided by MMOW such as paper plates, cups, napkins, paper towels, and table cloths 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 $89 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 $9 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, 2010 and ending December 31, 2010. 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. Execution of this 2010 Agreement constitutes the third successive, one-year renewal period 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. 10-5 Senior Advisory Commission Meeting Date —January 12, 2010 Page 6 of 7 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. 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 attorneys fees are specifically waived by both parties. SECTION 7 CITY OF SOUTHLAKE VALUES The City of Southlake 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 7 are goals to which City officials, staff and employees are expected to adhere to in activities concerning this Agreement. i0-5 Senior Advisory Commission Meeting Date —January 12, 2010 Page 7 of 7 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. This Agreement sets forth all the agreements between the parties and no modification shall be effective unless reduced to writing and signed by the park to be changed therewith. This document may be executed in duplicate originals. IN WITNESS WHEREOF the City and Metroport Meals on Wheels have executed this agreement as of this day day of 200_. Approved as to form and legality: Attorney at Law 1.0-7 Mayor, City of Southlake Executive Director, MMOW CITY OF SOU T HLAK-E MEMORANDUM January 4, 2010 TO: Senior Advisory Committee FROM: Kerry McGeath, Deputy Director of Community Services SUBJECT: Recommendation to Committee (P.O.R.C.) Commission Bylaws approve Policy Ordinance Review revisions to the Senior Advisory Action Requested: SAC recommendation for approval of the Policy Ordinance Review Committee (P.O.R.C.) revisions to the SAC Bylaws Background Information: The current SAC Bylaws were adopted by SAC (9-0) on January 10, 2006. SAC revisions to the Bylaws included: Officer elections held following appointment of new Commission members by City Council Officers serve for two year term SAC members notify staff of absence from SAC meeting by noon on meeting day On November 9, 2004, city council appointed a Policies and Ordinance Review Committee (PORC) to review policies and ordinances that influence the operations of the Community Services Department to update and revise to reflect current practices. The committee consisted of council members Carolyn Morris, Greg Jones and Virginia Muzyka; then Park Board members Katrina Peebles, Mike Mills and Cara White; Senior Advisory Commission members Bill Kyle and Cleta Pierce; SYAC representative Chelsea Payne and city staff members Steve Polasek and Steve Moore. The committee met monthly beginning in 2004 and concluded their assignment in April 2006. P.O. R.C. reviewed SAC Bylaws and made no substantive revisions, only minor grammar and "housekeeping" changes. The proposed revision have been reviewed and approved by the City Attorney. The next step to complete the P.O.R.C. assignment is for SAC to ratify the P.O.R.C. changes to the Bylaws by making their recommendation to City Council, recognizing that the Senior Advisory Commission Meeting Date — January 12, 2010 Page 2 of 2 SAC Bylaws were previously approved by the Commission in 2006. Financial Considerations: NIA Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Quality Development and meets the corporate objective to Provide Attractive and Unique Spaces for Enjoyment of Personal Interests. Citizen Input/ Board Review: The Policy and Ordinance Review Committee met and reviewed selected policies and ordinances and forwarded revisions to the City Attorney for approval. City Council will consider SAC recommendation at February 2, 2010 meeting. Legal Review: City attorney reviewed and recommended changes. All changes were implemented. Alternatives: Alternatives include: ■ Recommendation for approval as presented w Recommendation for approval with input as desired 0 Recommendation not to approve Supporting Documents: Copy of revised Senior Advisory Commission Bylaws Staff Recommendation: SAC recommendation for approval of the P.O.R.C. revisions to the Senior Advisory Commission Bylaws 11 -2 REVISED BYLAWS OF THE CITY OF SOUTHLAKE SENIOR ADVISORY COMMISSION ARTICLE I PURPOSE AND POWERS Section 1.1 Purpose. The Southlake City council established the Southlake Senior Advisory Commission to act as an advisory board to the City Council in all matters pertaining to senior programs and issues. Section 1.2 Powers. In fulfillment of its purpose the Southlake Senior Advisory commission shall be governed by and shall have all the powers set forth in the Southlake City Code other applicable law. ARTICLE II COMMISSION MEMBERS Section 2.1 Number and Terms of Office. (a) The Commission shall consist of seven (7) residents of the City of Southlake, Texas and shall be appointed by the City Council. (b) Members shall be appointed for two-year terms. Members shall serve without compensation. All appointments for regular and/or alternate members to fill unexpired terms shall be filled in the same manner as regular appointments and shall terminate as per the original term being filled. Section 2.2 Meetings of the Commission. The Commission shall meet regularly the second Tuesday of each month. Members riot able to attend a regular meeting or special meeting shall notify the Community Services staff liaison or the Chairman of the Commission at least two hours prior to the posted meeting. Any member with (3) consecutive unexcused absences from regular meetings shall be reported to the City Council, which may at its discretion, remove the commission member and appoint a replacement. All meetings and deliberations of the commission shall be called, convened, held, and conducted, and notice shall be given to the public; in accordance with Chapter 551 of the Texas Local Government Code. Section 2.3 Special Meetings, Upon the request of any Commission member, the Chainnan shall call a special meeting of the Commission. The Chairman shall fix a place and time for such special meetings of the Commission subject to posting public notice in compliance with Chapter 551 of the Texas Local Government Code. Section 2.4 Quorum. Tour (4) members of the Commission shall constitute a quorum to conduct official business of the Commission. Section 2.5 Conduct of Business (a) At he meeting of the Commission, matters pertaining to the business of the Commission, as posted on the agenda, shall be considered in accordance with the rules of procedure as from time to time prescribed by the Commission. (b) At all meetings of the Commission the chair shall preside. In the Absence of the chair, the Vice chair shall preside. (c) The Chair shall be a voting member of the Commission. (d) Minutes of the Commission meeting shall be filed with the City Secretary and distributed to members of the City Council. Section 2.6 Ex officio Members. The commission may, as it deems appropriate, appoint ex-ofiicio members to the Commission if such is determined to be in the best interest of the Commission. Consideration shall be given to appointing ndividual ex-ofcio members or individuals who represent organizations whose purpose is to promote the health, safety, and well being of seniors. Such ex-officio members shall have no voting authority for senior advisory matters. The terms for ex-officio members will be at the discretion of the Commission. Revision approved by SAC 1-10.06 11-8 ARTICLE III OFFICERS Section 3.1 Officers and Terms of Office. (a) The Officers of the Commission shall be a chairman, vice-chairman and secretary. (b) At the first regular meeting following the annual appointment of new commission members by the city council, the commission shall elect by majority vote from the members, a chair, vice -chair, and secretary, each to serve two year terms or until their successors are elected. (c) Any officer shall be subject to removal from office at any time by a vote of the majority of the Commission. (d) A vacancy in the office of any elected officer shall be filled by a vote of the majority of the commission members at the next regular scheduled meeting, following the effective date of the vacancy. Section 3.a Powers of the Chairman. The Chairman shall set the agenda for and preside at all meetings of the Commission. The Chairman shall perform all duties incident to the office of Chairman including the appointment of all committees and subcommittees of the Commission and such other duties as may be prescribed by the Commission and the City Council. Section 3.3 'Vice -Chairman. In the absence of the Chairman or in the event of his/her inability or refusal to act, the Vice - Chairman shall perform the duties of the Chairman, and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairman. The Vice -Chair shall perform such other duties as from time to time may be assigned to him/her by the Chairman of the Commission. ff Section 3.4 Secretary. The Secretary shall ensure that the minutes of each Commission meeting shall be filed with the City i Secretary and in general shall perform all other duties as from time to time may be assigned to him/her by the Chairman of the Commission. In the absence of the Chairman and Vice -Chairman or in the event of their inability or refusal to act, the Secretary shall perform the duties of the Chairman, and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairman. In the absence of the Secretary, the Chairman or acting Chairman shall designate a Comm:fission member to perform the duties of Secretary. Section 3.5 Compensation. Officers who are members of the Commission shall not receive any salary or consideration for their services. ARTICLE IV ROLE AND PM SPONSII3ILITII±,S OF TIME SENIOR ADVISORY COMMISSION Section 4.1 Roles of the Senior Advisory Cfl. omission. (a) Act in an advisory capacity to the City Council in all matters pertaining to senior programs and issues affecting senior citizens. (b) Recommend policies to improve senior services and improvements. (c) Recommend senior related programs for development of recreational facilities, areas and improved recreation services. (d) Review and consider recommendations from the Southlake Seniors and other senior organizations regarding senior related programs and activities. Develop recommendations to the City Council regarding prgrarns that have funding, safety, or facility implications. (e) Submit recommendations to the City Council regarding contractual agreements that impact senior related services, including, but not limited to, the congregate lunch program and home delivered meal program and transportation services for seniors. 11 -4 t Prepare and submit to the City Council an annual report of senior related programs and services. Such review shall be submitted in May, prior to the election of new officers. (g) Review and provide input on budget items related to senior services, activities, and programs. Approved and accepted on the 3 CP day of January, 2006. Chairperson Vice Chairperson Secretary 11-5 CITY OF SOUT HLAKE MEMORANDUM January 4, 2010 TO: Senior Advisory Committee FROM: Kerry McGeath, Deputy Director of Community Services SUBJECT: Recommendation to Committee (P.O.R.C.) Commission Ordinance Code approve Policy Ordinance Review revisions to Senior Advisory No. 653-A and Chapter 2 of the City Action Requested: Senior Advisory Commission (SAC) recommendation for approval of the Policy Ordinance Review Committee (P.O.R.C.) revisions to the Senior Advisory Commission Ordinance No. 653-A and Chapter 2 of the Southlake City Code Background Information. The current governing ordinance for the Senior Advisory Commission, Ordinance No. 653-A, was adopted by the City Council on May 5, 1998 and subsequently incorporated into Southlake City Code, Chapter 2 (Sec. 2-241 — 2.250). The Code includes revisions to the SAC Bylaws that were approved by the Commission January 6, 2006. On November 9, 2004, City Council appointed a Policies and Ordinance Review Committee (P.O.R.C.) to review policies and ordinances that influence the operations of the Community Services Department, including the Senior Advisory Commission governing Ordinance 653-A. The committee consisted of council members Carolyn Morris, Greg Jones and Virginia Muzyka; then Park Board members Katrina Peebles, Mike Mills and Cara White; Senior Advisory Commission members Bill Kyle and Cleta Pierce; SYAC representative Chelsea Payne and city staff members Steve Polasek and Steve Moore. The committee met monthly beginning in 2004 and concluded their assignment in April 2006. P.O. R.C. reviewed Ordinance No. 653-A and Chapter 2 of the Southlake City Code and made no substantive revisions, only minor grammar and "housekeeping" changes. The proposed revision have been reviewed and approved by the City Attorney. 12-1 Senior Advisory Commission Meeting Date —January 12, 2010 Page 2 of 2 The next step to complete the P.O.R.C. assignment is for SAC to ratify the P.O.R.C. changes to Ordinance No. 653-A and Chapter 2 of the Southlake City Code by making their recommendation to City Council. Financial Considerations: NIA Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Quality Development and meets the corporate objective to Provide Attractive and Unique Spaces for Enjoyment of Personal Interests. Citizen Inputl Board Review: The Policy and Ordinance Review Committee met and reviewed selected policies and ordinances and forwarded revisions to the City Attorney for approval. City Council will consider P.O.R.C. revisions to Ordinance 653-A and City Code at a February meeting. Legal Review: City attorney reviewed and recommended changes. All changes were implemented. Alternatives: Alternatives include: ■ Recommendation for approval as presented ■ Recommendation for approval with input as desired ■ Recommendation not to approve Supporting Documents: Copy of revised Senior Advisory Commission, Sec. 2-241 — 2.250, Southlake City Code (which is a codification of Ordinance No. 653-A) Staff Recommendation: Senior Advisory Commission recommendation for approval of the revisions proposed by P.O.R.C. to SAC governing Ordinance No. 653-A and Southlake City Code 12-2 See. 2-223. Duties of Commission (a) The duties and responsibilities of the Youth Action Commission are advisory in nature. The Youth Action Commission shall: (1) Be advisory in nature, evaluating current issues affecting youth in the City and bringing them to the attention of City Council and other boards and commissions as necessary. (2) Participate in the community service projects to encourage youth to make a difference in the community through volunteerism. (3) Prepare and submit to the City Council an annual report of youth -related programs and services. (b) The commission shall not have responsibility or authority over public officials or employees of the City. (Ord. No. 610, § Vll1•, 6-21-94; Ord. No. 723, § 1, 10-20-98) Sees. 2-224--2-240. Reserved. DIVISION 4. SENIOR ADVISORY COMMISSION See. 2-241. Creation. There is hereby established the senior advisory commission for the city referred to in this division as the "senior advisory commission." (Ord. No. 653, § 1, 1-2-96; Ord, No. 653-A, § 1, 5-5-98) See. 2-242. Number of members, qualifications and terms. (a) The senior advisory commission shall consist of seven (7) citizens of the city, who must be at least 55 years of age. The city council shall appoint members for two-year teens. (1) Interested persons meeting the qualifications shall submit an application to the city secretary. (b) Members shall serve, without compensation, until their successors are appointed. (c) Places on the commission shall be numbered one (1) through seven (7). Vacancies shall be filled in the same manner provided for regular appointments. (d) The city council may appoint persons to serve as ad hoe members of the senior advisory commission. Such members shall serve for a term of one year from the date of appointment and shall not be entitled to vote. (Ord. No. 653, § 1, 1-2-96; Ord. No. 653-A, § 1, 5-5-98) 12-3 Sec. 2-243. Meetings and bylaws. At the first regular session following the annual appointment of new board members by the City Council, the senior advisory commission shall select from the members a chairman, vice-chairman, and secretary for two-year terms or until their successors are elected. The senior commission shall adopt bylaws to govern the holding of its meetings which, at a minimum, shall encompass the following: (1) Regular meetings shall be held once each month. (2) Manner of holding and calling of special meetings. (3) Majority of members shall constitute a quorum. (4) Members not planning to attend a regular meeting or special meeting shall notify the chairman of the senior advisory commission or designated city staff by 12:00 noon of the meeting day. (5) Any member with unexcused absences from three (3) consecutive regular meetings or not exhibiting interest in the work of the senior commission shall be reported to the city council which may, at its discretion, remove the commission member and appoint a replacement. (6) Minutes of each senior advisory commission meeting shall be filed with the city secretary. (Ord. No. 653, § 1, 1-2-96; Ord.. No. 653-A, § 1, 5-5-98) Sec. 2-244. Duties & Responsibilities. The duties and responsibilities of the senior advisory commission shall be to: (1) Act in an advisory capacity to the city council in all matters pertaining to senior programs and issues, including development of long range capital improvement programs. (2) Recommend policies in senior services and improvements. (3) Recommend senior -related programs for development of recreational facilities, areas and improved recreation services. (4) Prepare and submit to the city council an annual report of senior -related programs and services. (Ord. No. 653, § 1, 1-2-96; Ord. No. 653-A, § 1, 5-5-98) Secs. 2-245--2-250. Reserved. Sec. 2-251. Creation of library board. DNISION 5. LIBRARY BOARD 92-4