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Item 4F M E M O R A N D U M November 13, 2008 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Interim Director of Community Services Approve the 2009 Community Service Agreement with SUBJECT: Metroport Meals On Wheels (MMOW) ___________________________________________________________ Action Requested: City Council approval of 2009 Community Services Agreement with Metroport Meals On Wheels (MMOW). Background Information: The Tuesday congregate meal program is currently part of the weekly activities at the Senior Activity Center. Seniors pay $3.00 for the meal, which is provided by MMOW through various vendors. City funding helps cover MMOW staff, supplies, and administrative costs for the Tuesday program and supplements the home delivered meals. The proposed agreement outlines the services to be provided by MMOW, defines the term of the agreement, and requests funding of $12,600 for the upcoming year representing no change in financial support from the 2008 agreement. There are no substantive changes to the agreement from the previous year. 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 2008-09 Community Services Seniors division budget for this expenditure. There is no change in funding from the previous year. Citizen Input/ Board Review: MMOW executive director reviewed the proposed agreement and did not recommend any substantive changes. The Southlake Senior Advisory Commission reviewed and recommended approval at their December 9, 2008 meeting. Shana Yelverton, City Manager City Council Meeting Date – December 16, 2008 Page 2 of 6 Legal Review: The community services agreement contains no substantive changes and has been reviewed by the City Attorney. Alternatives: Alternatives may include: Approval of proposed Community Services  Agreement as presented Approval of proposed Community Services  Agreement with input as desired Decision not to approve Community Services  Agreement as presented Supporting Documents: Supporting documents include: Proposed 2009 Agreement for Community  Services with Metroport Meals On Wheels Staff Recommendation: City Council approval of 2009 Community Services Agreement with Metroport Meals On Wheels (MMOW). Shana Yelverton, City Manager City Council Meeting Date – December 16, 2008 Page 3 of 6 2009 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: MMOW 1. To coordinate, organize and run the weekly (Tuesday) Southlake senior congregate luncheon program and associated Tuesday activities. 2. To organize volunteers to plan and support Southlake’s Tuesday congregate lunch program and home delivered meal program to Southlake residents. Shana Yelverton, City Manager City Council Meeting Date – December 16, 2008 Page 4 of 6 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 nd reports to the City on a monthly basis, due the 2 Tuesday of each month. 5. Perform general clean up following each event, return tables to original locations and secure the facility. 6. Provide a monthly updated roster of participants to include name, address, city, phone number and emergency information. 7. A Metroport Meals On Wheels representative will attend the monthly meeting of the Senior Advisory Commission to provide a report and statistics. City 1. Provide the facility each Tuesday from 9:00 am to 2:00 p.m. 2. Provide a City liaison to provide guidance and direction to MMOW and monitor activities. SECTION 2 MMOW’S OPERATIONS 1. Hours of Operation for the congregate lunch program shall be from 10:00 am to 2:00 p.m. every Tuesday and shall be defined by the City of Southlake Senior Advisory Commission, City of Southlake Community Services Department and MMOW. 2. MMOW shall operate in accordance with its own approved by-laws. 3. MMOW Board of Trustees shall meet periodically. The time, date, place, and agenda of those meetings shall be solely defined by MMOW. The City liaison shall be apprised of all board meetings, and the liaison may participate at all scheduled meetings. 4. The City shall have the right to review the books and records kept incident to the services provided by MMOW to the City. Shana Yelverton, City Manager City Council Meeting Date – December 16, 2008 Page 5 of 6 SECTION 3 PAYMENT FOR SERVICES City agrees to pay to MMOW the sum of $12,600 for the period of January 1, 2009 – December 31, 2009, 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 $3.00 per person. MMOW has the option to waive the luncheon fee if an individual brings a covered dish for the luncheon or if the individual is unable to pay. Individuals who can afford to pay for the home delivered meal will be charged only the actual cost of the meal not to exceed $3.00 per person. Any increase in this fee shall be approved by the City of Southlake Senior Advisory Commission and the City of Southlake. SECTION 4 TERM OF AGREEMENT 1. The term of this agreement shall be for a period of one (1) year beginning January 1, 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 of both parties. Execution of the 2009 Agreement constitutes the second 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. Shana Yelverton, City Manager City Council Meeting Date – December 16, 2008 Page 6 of 6 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. IN WITNESS WHEREOF the City and MMOW have executed this agreement as of this _______day of ________, 200___. Approved as to legal form: ______________________ _______________________ Attorney at Law Mayor, City of Southlake _______________________ Executive Director, MMOW