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Item 4BCITY OF SOUTH LAKE MEMORANDUM December 28, 2009 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve 2010 Community Services Agreement with Metroport Meals on Wheels Action Requested: City Council approval of the 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 Activities 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 is requesting the same price increase for all communities it serves. 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 luncheon meal from $3 to $4 per person and the daily home - delivered meal from $3 to $5.50 per person. 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 4B - 1 Shana Yelverton, City Manager Meeting Date —January 19, 2010 Page 2 of 8 is no change in the Agreement to waive the fee if a covered dish is provided or if there is financial 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 2010 Community Services division budget for this expenditure. There is no change in funding from the City from the previous year. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management and Service Delivery and Partnerships and Volunteerism and meets the corporate objectives to Provide Attractive and Unique Spaces for Enjoyment of Personal Interests, Collaborate with Select Partners to Implement Service Solutions, Provide High Quality Customer Service and Actively Promote Opportunities for Partnerships and Volunteer Involvement. Citizen Input/ Board Review: The Senior Advisory Commission recommended approval (8 -0) of the Agreement at their January 12, 2010 meeting. MMOW representative Mary King 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 to the Agreement. Legal Review: The community services agreement has been reviewed by the City Attorney. 4B -2 Shana Yelverton, City Manager Meeting Date —January 19, 2010 Page 3 of 8 Alternatives: Alternatives include: City Council approval of Community Services Agreement as presented City Council approval of Community Services Agreement with input as desired City Council decision not to approve Community Services Agreement as presented Supporting Documents: Supporting documents include: • Proposed Agreement for Community Services with Metroport Meals on Wheels • Metroport Meals on Wheels Lunch Program Summary Staff Recommendation: City Council approval of the 2010 Community Services Agreement with Metroport Meals on Wheels. 4B -3 Shana Yelverton, City Manager Meeting Date —January 19, 2010 Page 4 of 8 2010 AGREEMENT FOR COMMUNITY SERVICE BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS STATE OF TEXAS § A 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 4B - 4 Shana Yelverton, City Manager Meeting Date —January 19, 2010 Page 5 of 8 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. 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 2nd 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. C itV 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 4B -5 Shana Yelverton, City Manager Meeting Date —January 19, 2010 Page 6 of 8 liaison shall be informed 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. 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 $4.00 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 $5.50 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. 4B -6 Shana Yelverton, City Manager Meeting Date —January 19, 2010 Page 7 of 8 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. 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 attorney's 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. 4B -7 Shana Yelverton, City Manager Meeting Date —January 19, 2010 Page 8 of 8 • 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. 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. IN WITNESS WHEREOF the City and Metroport Meals on Wheels have executed this agreement as of this day day of 200_. Mayor, City of Southlake Executive Director, MMOW Approved as to form and legality: Attorney at Law 4B -8 Metroport Meals On Wheels Southlake Senior Center Lunch Program Summary