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2013-09-10 SAC PacketCity of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M August 28, 2013 TO: Senior Advisory Commission FROM: Kari Happold, Deputy Director of Community Services SUBJECT: Agenda Item Comments for Senior Advisory Commission Meeting Tuesday, September 10, 2013 at 1:00 p.m. 1. Agenda Item No. 1. Call to Order 2. Agenda Item No. 2. Consent: A. Approval of the August 13, 2013 regular Senior Advisory Commission meeting minutes – Please include any corrections to the minutes in your motion. 3. Agenda Item No. 3. Discussion: A. Guest Presentation – This item is a standing agenda item to allow the Commission an opportunity to hear guests from the community and City government about current issues of concern to citizens in Southlake. Fire Chief Mike Starr will be the guest presenter at this meeting. Council member Martin Schelling and Senior Director of Planning and Development Services Ken Baker will be contacted for the October and November meetings. 4. Agenda Item No. 4. Reports: A. Metroport Meals on Wheels – This item is a standing item on the agenda to allow for a report on the MMOW program. B. Call A Ride Southlake– This item is a standing item on the agenda to allow for a report on the CARS program. C. SPIN -- This is a standing item to inform the Commission about SPIN meetings pertaining to developments in Southlake. SPIN meetings are public opportunities to support or oppose proposed developments as City Council receives a SPIN Report, including the expressed support/opposition of attendees, for proposed development. For more information, please visit www.SouthlakeSPIN.org. Senior Advisory Commission Meeting Date – September 10, 2013 Page 2 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork The following SPIN meeting(s) are scheduled: Monday, September 9, SPIN Forum, Town Hall 6:00 p.m. Topic: Proposed construction of a 38,000 sq ft. medical office building on 2.67 acres located next to the Texas Health – Harris Methodist Hospital Southlake at East Southlake Boulevard and Central Avenue. 7:00 p.m. Topic: Proposed construction of a 3,121 sq ft. office/warehouse building addition, comprised of 1,713 sq ft of office and 1,408 sq ft of warehouse, added to an existing 3,860 sq ft office/warehouse on approximately 1 acre located in the North Davis Business Park at 2110 Greenbriar Drive. Tuesday, September 10, SPIN Standing Committee Meeting D. Senior Services Coordinator – This is an opportunity for the Senior Services Coordinator to present information about existing and future programs and activities. E. Southlake Senior Funding, Inc. – This item is a standing item on the agenda to allow for a report on Southlake Senior Funding, Inc., (SSFI). F. City Manager’s Office & Community Services – This is a standing item on the agenda to allow for an update from the City’s Communications and Website Manager Pilar Schank and Deputy Director of Community Services Kari Happold regarding current developments. G. Guest Schedule – Please provide staff with your suggestions for future guest speakers. 5. Agenda Item No. 5. Public Forum: – This is the public's opportunity to address the Commission about non-agenda items. During Public Forum, the Commission will not discuss or take action on any item presented. 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. 6. Agenda Item No. 6. Consider: A. Recommendation to City Council on the Community Services Agreement with Call A Ride Southlake (CARS) – The present community services agreement Senior Advisory Commission Meeting Date – September 10, 2013 Page 3 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork with CARS to provide transportation services to eligible Southlake citizens will expire September 30, 2013. The proposed community services agreement presented at this time for SAC recommendation is for three years, October 1, 2013 through September 30, 2016. It is a standard agreement and essentially the same agreement entered into previously with CARS, with the only change being the amount of “consideration” or payment from the City that CARS will receive. This year CARS is proposing a $3,000/yr increase from last year’s funding of $12,000, to $15,000 to cover the increased cost of rides since 2009, when the last increase by CARS was requested. Funding for the proposed CARS community services agreement is included in the FY 2014 general fund budget and will be requested in subsequent years of the term. Payment is dependent upon City Council annual approval of the budget. A copy of the proposed CARS agreement detailing the organization’s scope of services and the City’s obligations is included with the packet memo. B. Recommendation to City Council on the Community Services Agreement with Metroport Meals On Wheels (MMOW) – The present community services agreement with MMOW to provide weekly congregate and home delivered meals in Southlake will expire September 30, 2013. The proposed community services agreement presented at this time for SAC recommendation is for three years, October 1, 2013 through September 30, 2016. It is a standard agreement and essentially the same agreement entered into previously with MMOW, with the same “consideration” or payment amount from the City of $15,750 to MMOW per year. Payment is dependent upon City Council annual approval of the budget. Funding for the proposed MMOW community services agreement is included in the FY 2014 general fund budget and will be requested in subsequent years of the te rm. A copy of the proposed MMOW agreement detailing the organization’s scope of services and the City’s obligations is included with the packet memo. 7. FYI, as usual your packet contains a copy of the SAC Attendance Log for your information. 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 fr ee to call me. As always, we appreciate your commitment and service to the City. Kari Happold STAFF CONTACT INFORMATION: Telephone – (817) 748-8203 Senior Advisory Commission Meeting Date – September 10, 2013 Page 4 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Facsimile – (817) 748-8027 1400 Main Street, Suite 210, Southlake, Texas 76092-6242 Chris Tribble, Director of Community Services, 817-748-8021, (ctribble@ci.southlake.tx.us) Soheila Mashat-Phelps, Senior Services Coordinator, 817-748-8398, (smashatphelps@ ci.southlake.tx.us) Kari Happold, Deputy Director of Community Services, 817-748-8018, (khappold@ ci.southlake.tx.us) Candice Edmondson, Deputy Director of Community Services, 817-748-8311, (csanders@ ci.southlake.tx.us) Stacey Wojniki, Assistant to the Director, 817-748-8036, (swojniki@ ci.southlake.tx.us) Linda Carpenter-Elgin, Administrative Secretary, 817-748-8184; (lcarpenter@ ci.southlake.tx.us) City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork SENIOR ADVISORY COMMISSION MEETING: Tuesday, September 10, 2013 LOCATION: Senior Activities Center 307 Parkwood Dr Southlake, Texas 76092 TIME: 1:00 p.m. AGENDA: 1. Call to Order 2. Consent A. Approval of the August 13, 2013 regular Senior Advisory Commission meeting minutes 3. Discussion A. Guest Presentation – Fire Chief Mike Starr 4. Reports A. Metroport Meals on Wheels B. Call A Ride Southlake C. SPIN D. Senior Services Coordinator E. Southlake Senior Funding, Inc. F. City Manager’s Office & Community Services G. Guest Schedule 5. Public Forum (This is the Public’s opportunity to address the Senior Advisory Commission about non-agenda items. During Public Forum, the Commission will not discuss, consider or take action on any items presented. The Commission respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 6. Consider: A. Recommendation to City Council on the Community Services Agreement with Call A Ride Southlake Senior Advisory Commission Meeting Date – September 10, 2013 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork B. Recommendation to City Council on the Community Services Agreement with Metroport Meals On Wheels 7. Adjournment A quorum of the City Council may be present at this meeting. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, September 6, 2013 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Alicia Richardson, TRMC City Secretary If you plan to attend this public meeting and have a disability that require s special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accommodations will be made to assist you. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Senior Advisory Commission Meeting: August 13, 2013 LOCATION: Southlake Senior Activities Center 307 Parkwood Dr Southlake, Texas Members Present: Chair Dick McCauley, Vice Chair Nancy Sporn and Secretary Marge Kyle; SAC members David Baltimore, Jean Boland, Louis Braun and Charlie Boyd Commission Members Absent: Beverly Blake Staff Members Present: Kari Happold, Deputy Director of Community Services: Soleila Phelps, Senior Services Coordinator; Communications & Website Manager Pilar Schank; Recreation Superintendent Steve Moore, Recreation Supervisor Ryan McGrail and Deputy Director of Community Services Candice Edmondson Guests: Police Chief Steve Mylett and Assistant Police Chief James Brandon Liaisons: MMOW representative Nansii Downer, and CARS representative Erik Phelps Public Forum: None 1. CALL TO ORDER Chairman McCauley called the meeting of the Senior Advisory Commission to order at 1:08 p.m. 2. CONSENT AGENDA Consent Agenda items are considered to be routine by the Commission and are enacted with one motion. Chair McCauley read the consent agenda items into the record. 2A. APPROVAL OF THE MINUTES FROM THE JUNE 11, 2013 REGULAR SENIOR ADVISORY COMMISSION. APPROVED There were no corrections to the minutes. A motion was made to approve the minutes of the June 11, 2013 meeting as presented. Motion: Sporn 2A - 1 Senior Advisory Commission Minutes of the August 13, 2013 Page 2 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Second: Baltimore Ayes: Boland, Boyd, Braun, Kyle and McCauley Nays: None Abstention: Baltimore and Sporn (absent) Vote: 5-0-2 Motion Carried. 3. DISCUSSION: City staff Recreation Superintendent Steve Moore, Recreation Supervisor Ryan McGrail and Deputy Director of Community Services Candice Edmondson were introduced. 3A. GUEST PRESENTATION – Police Chief Steve Mylett and Assistant Police Chief James Brandon Police Chief Mylett addressed traffic concerns including roundabouts, bicycle traffic and Southlake Boulevard and SH 114 intersection. New programs and projects underway in the DPS were highlighted. Members were encouraged to contact the Police Sergeant on duty at 817.223.0739 or mdunn@ci.southlake.tx.us regarding traffic violations and concerns. Assistant Chief James Brandon presented safety preparedness information including the video “Run, Hide, Fight” regarding active shooter incidents and response training. 4. REPORTS 4A. METROPORT MEALS ON WHEELS MMOW representative Nancii Downer distributed the MMOW monthly participation report and mentioned restaurant participation information. 4B. CALL A RIDE SOUTHLAKE CARS representative Erik Phelps distributed the CARS monthly participation summary and reported on ridership, volunteer driver numbers and the new CARS website (www.callaridesouthlake.org). 4C. SPIN SPIN representative David Baltimore reported on SPIN activities and meetings. SPIN is investigating alternative communication methods. 4D. SENIOR SERVICES COORDINATOR 2A - 2 Senior Advisory Commission Minutes of the August 13, 2013 Page 3 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Recreation coordinator Soheila Phelps reported on recent accomplishments and on-going programs and activities for the senior activity center. 4E. SOUTHLAKE SENIOR FUNDING, INC. Southlake Senior Funding, Inc., Board Director McCauley reported on SSFI developments concerning donations. A plan is being developed to address donation issues. 4F. CITY MANAGER’S OFFICE & COMMUNITY SERVICES Communications & Website Manager Pilar Schank distributed articles from www.MySouthlakeNews regarding Southlake’s animal control ordinance being updated and information regarding the Community Recreation Center. 4G. GUEST SCHEDULE Fire Chief Mike Starr will be invited to the September meeting. Council members Martin Schelling, Randy Williamson and Planning Director Ken Baker are potential guest speakers. 5. PUBLIC FORUM Chair McCauley opened the public forum and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Chair McCauley closed the public forum. 6. CONSIDER 6A. RECOMMENDATION ON PROPOSED FY 2013-14 SENIOR CENTER GENERAL FUND OPERATING BUDGET Deputy Director Happold presented a proposed budget summary and responded to questions. No motion or vote was not taken on this item. Members requested an update on the Volunteer Interest Program being instituted by former senior coordinator at the next meeting. 7. ADJOURNMENT APPROVED A motion was made to adjourn the meeting. 2A - 3 Senior Advisory Commission Minutes of the August 13, 2013 Page 4 of 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Motion: Baltimore Second: Sporn Ayes: Baltimore, Boland, Boyd, Braun, Kyle, McCauley and Sporn Nays: None Abstention: None Vote: 7-0 Motion Carried. Dick McCauley, Chair Kari Happold, Deputy Director Community Services A tape recording of this meeting is available upon request from the Office of City Secretary. 2A - 4 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M August 28, 2013 TO: Senior Advisory Commission FROM: Kari Happold, Deputy Director of Community Services SUBJECT: Recommendation to City Council on Community Services Agreement with Call A Ride Southlake Action Requested: Senior Advisory Commission review and recommendation on the Community Services Agreement with Call A Ride Southlake (CARS) Background Information: The City works with non-profit community organizations to provide important social, educational, economic and cultural programs and services to Southlake citizens and businesses. Having Community Services Agreements in place allows for these services to be provided without the City having to fund additional personnel and capital investments, as well as the ongoing administrative and operational expenses that would be required to provide these services to the community. The City’s present community services agreement with CARS to provide transportation services to eligible Southlake citizens will expire September 30, 2013. Therefore the proposed community services agreement with CARS is presented for SAC recommendation to City Council at this time. The CARS agreement is a standard agreement and is the same agreement entered into previously with CARS, with the only substantive change being the amount of “consideration” or payment from the City that CARS will receive. This year CARS is proposing a $3,000/yr increase from last year’s funding of $12,000, to $15,000 to cover the increased cost of rides since 2009, when the last increase by CARS was requested. The proposed agreement is for three years, October 1, 2013 through September 30, 2016. A copy of the proposed CARS 6A - 1 Senior Advisory Commission Meeting Date – September 10, 2013 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork agreement detailing the organization’s scope of services and the City’s obligations is attached. Financial Considerations: As mentioned above, CARS has requested a $3,000/yr increase to the City’s funding, which is included in the proposed FY 2014 annual budget, and will also be included in subsequent budget proposals as required by the term for each agreement. Payment by the City to CARS is dependent upon annual approval of the proposed budget. Strategic Link: This item is linked to the City’s Strategy Map related to the focus areas of Performance Management and Service Delivery and Partnerships and Volunteerism and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions; Provide High Quality Customer Service and Promote Opportunities for Partnerships and Volunteer Involvement. Citizen Input/ Board Review: Senior Advisory Commission recommendation September 20, 2013 City Council consideration September 17, 2013 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: SAC recommendation to approve proposed CARS Community Services Agreement as presented SAC recommendation to approve proposed CARS Community Services Agreement with input as desired SAC recommendation not to renew the proposed CARS Community Services Agreement Supporting Documents: Call A Ride Southlake Community Services Agreement Staff Recommendation: Senior Advisory Commission recommendation to approve the Community Services Agreement with Call A Ride Southlake 6A - 2 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE 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 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 free, non-emergency transportation to Southlake seniors and disabled adult citizens for medical, dental, social, business, shopping and personal needs; and WHEREAS, City and CARS desire to enter into a Renewal Agreement whereby CARS will continue to provide free, non-emergency transportation to Southlake seniors and disabled adult citizens for medical, dental, social, business, shopping and personal needs; 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 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 CARS STAFF CONTACTS A. CARS and the City shall both provide staff liaison’s as outlined in the attached Appendix, Section A, paragraph 1 and Section B, paragraph 1. DRAFT 6A - 3 Community Services Agreement with CARS City Council Meeting - September 17, 2013 Page 2 of 8 SECTION 3 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 4 CONSIDERATION In recognition that the City elected to support the CARS transportation services rather than provide such service, City agrees to an annual payment to be paid to CARS in the amount of $15,000 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 CARS as described in the attached Appendix, Section A. SECTION 5 REPORTING A. CARS shall generate and provide to the Senior Services Coordinator of the City monthly reports regarding the performance measures outlined in the attached Appendix, Section B. SECTION 6 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 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. DRAFT 6A - 4 Community Services Agreement with CARS City Council Meeting - September 17, 2013 Page 3 of 8 SECTION 7 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a three year period beginning October 1, 2013 and ending September 30, 2016. This agreement may be renewed for up to three 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. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. Notwithstanding any provision herein to the contrary, either party may terminate this Agreement upon 30 days written notice to the other. Upon termination, or if CARS ceases to provide transportation services, CARS 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 f ees are specifically waived by both parties. 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, DRAFT 6A - 5 Community Services Agreement with CARS City Council Meeting - September 17, 2013 Page 4 of 8 department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. CARS, its mission and the services outlined on page 1 of the agreement, link to the City’s strategy through the following strategic objectives:  B2 Collaborate with select partners to implement service solutions  B4 Provide high quality customer service  C1 Achieve the highest standards of safety and security  C2 Provide travel convenience within City and region  C5 Promote opportunities for partnerships and volunteer involvement SECTION 11 CITY OF SOUTHLAKE VALUES The City has adopted values that are the fundamental principles that guide how officials, staff, and employees of the City conduct themselves in pursuit of the mission and vision. All business conducted with the City shall adhere to the City's organizational values as described below:  Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times.  Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery.  Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first.  Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance.  Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 11 are goals to which City officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate City official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. 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. DRAFT 6A - 6 Community Services Agreement with CARS City Council Meeting - September 17, 2013 Page 5 of 8 IN WITNESS WHEREOF the City and CARS have executed this Agreement as of this ______ day of ____________________, 201__. _________________________ John Terrell Mayor, City of Southlake _________________________ Chairman, Call A Ride Southlake, Inc. Attest: Alicia Richardson, TRMC City Secretary Approved as to form and legality: City Attorney DRAFT 6A - 7 Community Services Agreement with CARS City Council Meeting - September 17, 2013 Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE SOUTHLAKE, INC. APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, CARS shall provide the following services: 1. CARS staff contact person to serve as a liaison between the CARS and the City: a. Name: Joanne Stickler b. Title: Treasurer c. Phone: 817.790.4022 d. Email Address: callaride@hotmail.com 2. 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. who are residents of Southlake, and c. whose physical condition permits them to be transported by the drivers in the vehicles available. 3. CARS will provide transportation to the persons identified in Subsection 2 above: a. to and from emergency medical appointments, dental appointments, and health care providers located within a 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. 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 DRAFT 6A - 8 Community Services Agreement with CARS City Council Meeting - September 17, 2013 Page 7 of 8 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 at the discretion of CARS. 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. 7. CARS will provide an after-hours, on-call contact number available to the public safety dispatch office to reach a representative from CARS. 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 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. a. Name: Soheila Phelps b. Title: Senior Services Coordinator c. Phone: (817) 748-8398 d. Email Address: smashatphelps@ci.southlake.tx.us 2. Provide a presence on the www.cityofsouthlake.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 will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. DRAFT 6A - 9 Community Services Agreement with CARS City Council Meeting - September 17, 2013 Page 8 of 8 5. Provide access to the City’s logo for use by CARS . Such use is subject to review and approval by the City’s Community Relations Officer. 6. Provide at no cost to CARS in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to CARS business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating CARS’s performance pursuant to Section 8 of this agreement, the City will determine whether CARS has met the following performance measures: 1. CARS shall provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. 2. CARS shall develop and provide an annual written report to the City. This report shall include: a disclosure of CARS financial status, operations conducted during the preceding year, planned future operations, details on how the City’s funding is utilized in support of CARS, and any other information agreed to by both CARS and the City. 3. CARS shall continue to provide monthly written reports to the City. DRAFT 6A - 10 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M August 28, 2013 TO: Senior Advisory Commission FROM: Kari Happold, Deputy Director of Community Services SUBJECT: Recommendation to City Council on Community Services Agreement with Metroport Meals On Wheels Action Requested: Senior Advisory Commission review and recommendation on the Community Services Agreement with Metroport Meals On Wheels (MMOW) Background Information: The City works with non-profit community organizations to provide important social, educational, economic and cultural programs and services to Southlake citizens and businesses. Having Community Services Agreements in place allows for these services to be provided without the City having to fund additional personnel and capital investments, as well as the ongoing administrative and operational expenses that would be required to provide these services to the community. The City’s present community services agreement with MMOW to provide congregate and home-delivered meals in Southlake will expire September 30, 2013. Therefore the proposed community services agreement with MMOW is presented for SAC recommendation to City Council at this time. The MMOW agreement is a standard agreement and is the same agreement entered into previously with MMOW with the same “consideration” or payment amount from the City of $15,750 per year, depending upon City Council annual approval of the budget. The proposed agreement is for three years, October 1, 2013 through September 30, 2016. A copy of the proposed MMOW agreement detailing the organization’s scope of services and the City’s obligations is attached. 6B - 1 Senior Advisory Commission Meeting Date – September 10, 2013 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Financial Considerations: The City’s funding for MMOW ($15,750/yr) is included in the proposed FY 2014 annual budget, and will also be included in subsequent budget proposals as required by the term for each agreement. Payment by the City to MMOW is dependent upon annual approval of the proposed budget. Strategic Link: This item is linked to the City’s Strategy Map related to the focus areas of Performance Management and Service Delivery and Partnerships and Volunteerism and meets the corporate objectives to Collaborate with Select Partners to Implement Service Solutions; Provide High Quality Customer Service and Promote Opportunities for Partnerships and Volunteer Involvement. Citizen Input/ Board Review: Senior Advisory Commission recommendation September 20, 2013 City Council consideration September 17, 2013 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: SAC recommendation to approve proposed MMOW Community Services Agreement as presented SAC recommendation to approve proposed MMOW Community Services Agreement with input as desired SAC recommendation not to renew the proposed MMOW Community Services Agreement Supporting Documents: Metroport Meals On Wheels Community Services Agreement Staff Recommendation: Senior Advisory Commission recommendation to approve the Community Services Agreement with Metroport Meals On Wheels 6B - 2 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS STATE OF TEXAS § § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as “City”), and Metroport Meals on Wheels, a non-profit corporation of Texas, acting by and through its duly authorized Executive Director (hereinafter referred to as “MMOW”), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of MMOW is to provide services as a volunteer advocate for the elderly and those in need through home-delivered meals, senior center lunch and activity programs and other support services; and WHEREAS, City and MMOW desire to enter into a Renewal Agreement whereby MMOW will continue to provide for the coordination of activities and meals, Senior Luncheon activities, participation in Senior Advisory Commission, and the organization of home meal delivery ; NOW, THEREFORE, City and MMOW, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. MMOW shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. SECTION 2 CITY AND MMOW STAFF CONTACTS A. MMOW and the City shall both provide staff liaison’s as outlined in the attached Appendix, Section A. and Section B. DRAFT 6B - 3 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 2 of 9 SECTION 3 GOVERNANCE A. MMOW shall be solely governed by its board of directors, who shall meet in accordance with the bylaws and articles of incorporation. The time, date, place and agenda of these board meetings shall be the responsibility of the MMOW board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support MMOW’s efforts to support the elderly and in-need rather than provide such service, City agrees to an annual payment to be paid to MMOW in the amount of $15,750 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 MMOW as described in the attached Appendix, Section A. SECTION 5 REPORTING A. MMOW shall generate and provide to the Senior Services Coordinator of the City monthly 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 MMOW to the City. SECTION 6 INSURANCE AND INDEMNIFICATION A. MMOW AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND O R CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF MMOW, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF DRAFT 6B - 4 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 3 of 9 SERVICES UNDER THIS AGREEMENT. MMOW 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 7 INDEPENDENT CONTRACTOR In performing the services hereunder, MMOW is acting as an independent contractor, and shall not be deemed an employee, agent or partner of the City. City shall have no power to direct or supervise its activities in carrying out its responsibilities under this Agreement. Neither party shall have the authority to make binding representations or agreements on behalf of the other. SECTION 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a three year period beginning October 1, 2013 and ending September 30, 2016. This agreement may be renewed for up to three 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. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. Notwithstanding any provision herein to the contrary, either party may terminate this Agreement upon 30 days written notice to the other. Upon termination, or if MMOW ceases to provide transportation services, MMOW shall return to the City any unexpended funds paid pursuant to this Agreement. SECTION 9 NO WAIVER OF GOVERNMENTAL IMMUNITY Notwithstanding any provision of this Agreement to the contrary, nothing contained in this agreement shall be construed to limit or waive any governmental or sovereign immunity of the City, or any immunity applicable to its officers, agents, servants or employees. To the extent there may be a waiver of immunity under state law, the remedies available to enforce this agreement are limited to mandamus, specific performance or injunctive relief. All other remedies, DRAFT 6B - 5 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 4 of 9 including suits for damages and recovery of attorney’s fees are specifically waived by both parties. SECTION 10 CITY OF SOUTHLAKE – STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization’s ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. MMOW, its mission and the services outlined on page 1 of the agreement, link to the City’s strategy through the following strategic objectives: B2 Collaborate with select partners to implement service solutions B4 Provide high quality customer service C5 Promote opportunities for partnerships and volunteer involvement SECTION 11 CITY OF SOUTHLAKE VALUES The City has adopted values that are the fundamental principles that guide how officials, staff, and employees of the City conduct themselves in pursuit of the mission and vision. All business conducted with the City shall adhere to the City's organizational values as described below:  Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times.  Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery.  Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first.  Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance.  Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. The values set forth in Section 11 are goals to which City officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate City official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. DRAFT 6B - 6 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 5 of 9 SECTON 12 MISCELLANEOUS This Agreement sets forth all the agreements between the parties and no modification shall be effective unless reduced to writing and signed by the part to be changed therewith. This document may be executed in duplicate originals. IN WITNESS WHEREOF the City and MMOW have executed this Agreement as of this ____day of ____________________, 201__. _________________________ John Terrell Mayor, City of Southlake _________________________ Mary King Executive Director Metroport Meals On Wheels Attest: Alicia Richardson, TRMC City Secretary Approved as to form and legality: City Attorney DRAFT 6B - 7 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 6 of 9 DRAFT 6B - 8 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 7 of 9 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, MMOW shall provide the following services: 1. MMOW staff contact person to serve as a liaison between the MMOW and the City: a. Name: Mary King b. Title: Executive Director c. Phone: 817.491.1141, ext 22 d. Email Address: maryking@metroportmow.org 2. To coordinate, organize, and run the weekly Tuesday Southlake senior congregate luncheon program, and associated Tuesday activities. 3. To organize volunteers to plan and support Southlake Tuesday congregate lunch program, and home delivered meal program to Southlake residents. 4. 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. 5. 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 2nd Tuesday of each month. 6. Perform general clean up following each event return tables to original locations and secure the facility. 7. Provide a monthly updated roster of participants to include name address city phone number and emergency information. 8. Metroport Meals On Wheels representative will attend the monthly meeting of the Senior Advisory Commission to provide a report and statistics. DRAFT 6B - 9 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 8 of 9 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 MMOW. The City liaison shall be apprised by MMOW of all MMOW board meetings, MMOW shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the MMOW board at all scheduled meetings. a. Name: Soheila Phelps b. Title: Senior Services Coordinator c. Phone: (817) 748-8398 d. Email Address: smashatphelps@ci.southlake.tx.us 2. Provide a presence on the www.cityofsouthlake.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 will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City’s logo for use by MMOW. Such use is subject to review and approval by the City’s Community Relations Officer. 6. Provide at no cost to MMOW in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to MMOW business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating MMOW ’s performance pursuant to Section 8 of this agreement, the City will determine whether MMOW has met the following performance measures: 1. MMOW shall provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. DRAFT 6B - 10 Community Services Agreement with Metroport Meals on Wheels City Council Meeting – September 17, 2013 Page 9 of 9 2. MMOW shall develop and provide an annual written report to the City. This report shall include: a disclosure of MMOW financial status, operations conducted during the preceding year, planned future operations, details on how the City’s funding is utilized in support of MMOW, and any other information agreed to by both MMOW and the City. 3. MMOW shall continue to provide monthly written reports to the City. DRAFT 6B - 11 1 Jean Boland a a a r a a a 0 a 86%13.5 2013 88% 2 Louis Braun a a a a r a a 0 a 86%13.25 3 Charles Boyd a a a a a a a 0 a 100%15.25 4 David Baltimore a a r a a a r 0 a 71%12.75 5 Nancy Sporn a a a a a r r 0 a 71%12.5 6 Richard McCauley a a a a a a a 0 a 100%15.25 7 Marge Kyle a a a a a r a 0 a 86%14 8 - Alt 2 Vacant 9 - Alt 2 Beverly Blake a a a a a a a 0 r 100%12.25 100%100%88%88%88%75%75%0 89%a In attendance Total Hours 2.75 2 1 1.75 2 1.25 1.5 0 3 15.25 r Not present; no substitute m Substitute in attendance 5/21/13 Joint City Council and Senior Advisory Commission Meeting n Vacant position 0 Meeting Canceled *No quorum; Meeting Canceled Change in Representative Senior Advisory Commission Attendance Report Place Name 1/8/13 2/12/13 2/26/13 3/12/13 4/9/13 5/21/13 6/11/13 Individual Attendance Rate Hrs To Date Average Monthly Attendance Meeting Attendance Rate (includes substitutions) 7/9/13 8/13/13 9/10/13 10/8/13 11/12/13 12/10/13 Packet Insert - Attendance Report