Item 4D
M E M O R A N D U M
January 8, 2009
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Interim Director of Community Services
Approve 2009 Community Services Agreement with Call A
SUBJECT:
Ride Southlake (CARS)
Action Requested:
Approve 2009 Community Services Agreement with Call A
Ride Southlake to provide transportation services for 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 1999, and a board of
directors was 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 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.
Staff has met with CARS representatives to review the
agreement. Only minor changes were made from last year’s
agreement to include the transfer of ownership of a
handicapped accessible van from CARS to the City.
Financial
Considerations:
Approved funding in the amount of $12,000 is available in
the FY 2009 Community Services General Fund Operating
Budget for this proposed expenditure.
Financial Impact:
The financial impact to the City includes the annual payment
of $12,000 to CARS and the provision of office space at the
Senior Activities Center.
Citizen Input/
Board Review
The Senior Advisory Commission reviewed the proposed
agreement at their January 13, 2009 meeting and
recommended approval (8-0).
Shana Yelverton, City Manager
City Council Meeting Date – January 20, 2009
Page 2 of 8
Call A Ride Southlake (CARS) has reviewed the proposed
agreement.
Legal Review:
The proposed agreement has been reviewed by the City
Attorney.
Alternatives:
Alternatives may include:
City Council approval of the proposed community
services agreement as submitted
City Council approval of the proposed community
services agreement with input as desired
City Council decision not to approve the proposed
community services agreement
Supporting
Documents:
Supporting documents include:
Proposed 2009 Community Services Agreement
between the City and CARS
Staff
Recommendation:
Approve 2009 Community Services Agreement with Call A
Ride Southlake to provide transportation services for the
disabled and senior citizens of Southlake.
Shana Yelverton, City Manager
City Council Meeting Date – January 20, 2009
Page 3 of 8
2009 AGREEMENT BETWEEN
CITY OF SOUTHLAKE AND
CALL A RIDE OF SOUTHLAKE, INC.
STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT
is entered into by and between the City of Southlake,
Texas, a home rule municipal corporation located in Tarrant County and Denton
County, Texas, acting by and through its duly authorized Mayor (hereinafter
referred to as “City”), and Call A Ride of Southlake, Inc., a non-profit corporation
of Texas, acting by and through its duly authorized Chairman (hereinafter
referred to as “CARS”), an organization exempt from taxation under Section
501(c)3 of the Internal Revenue Code.
WHEREAS
, the mission of CARS is to provide non-emergency
transportation to senior citizens and disabled adult persons (“qualified persons”);
and
WHEREAS
, City and CARS desire to enter into a Renewal Agreement
whereby CARS will continue to provide free non-emergency transportation to
qualified residents of the Southlake Community;
NOW, THEREFORE,
City and CARS, in consideration of the mutual
undertakings hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. CARS shall provide the following services:
(1) Free on-call transportation for qualified persons of the City as
follows:
(a) Senior citizens (over the age of 55 years), and disabled adult
individuals, and
(b) Permanently disabled youth (under the age of 18 years) and
their care giver(s) limited to transportation provided with a
handicapped accessible vehicle, and
(c) who are residents of Southlake, and
Shana Yelverton, City Manager
City Council Meeting Date – January 20, 2009
Page 4 of 8
(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.
(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.
Shana Yelverton, City Manager
City Council Meeting Date – January 20, 2009
Page 5 of 8
(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 nine 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 the quarterly payment and subject to the terms and conditions of this
Agreement. The first payment shall be made in January 2009 based on an
invoice for services in October, November, and December, 2008 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.
Shana Yelverton, City Manager
City Council Meeting Date – January 20, 2009
Page 6 of 8
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
4. comparative monthly and yearly statistics
SECTION 5
INSURANCE AND INDEMNIFICATION
CARS AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND
A.
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
Shana Yelverton, City Manager
City Council Meeting Date – January 20, 2009
Page 7 of 8
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,
2009 and ending December 31, 2009. 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 the 2009 Agreement constitutes the second
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.
This Agreement sets forth all the agreements between the parties and no
modification shall be effective unless reduced to writing and signed by the party
to be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF
the City and CARS have executed this Agreement as
of this day __________ of ____________________, 200__.
CALL A RIDE OF SOUTHLAKE CITY OF SOUTHLAKE
By: _______________________ By:________________________
CARS President Andy Wambsganss, Mayor
Shana Yelverton, City Manager
City Council Meeting Date – January 20, 2009
Page 8 of 8
APPROVED AS TO FORM AND LEGALITY:
Attorney at Law