Item 4CCITY OF
SOUTH LAKE
MEMORANDUM
December 22, 2009
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Approve 2010 Community Services Agreement with Call A
Ride Southlake
Action Requested: City Council approval of the 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 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 2010 Community Services General Fund
operating budget for this proposed expenditure.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Mobility 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, Provide High
Quality Customer Service, and to Actively Promote
Opportunities for Partnerships and Volunteer Involvement.
4C -1
Shana Yelverton, City Manager
Meeting Date —January 19, 2010
Page 2 of 9
Citizen Input/
Board Review: At their January 12, 2010 meeting, the Senior Advisory
Commission recommended approval (8 -0) of the Agreement.
CARS reviewed the proposed agreement and did not
recommend any changes.
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 2010 community services agreement
between the City of Southlake and CARS
■ CARS Summary of Service for 2009
Staff
Recommendation: City Council approval of the 2010 Community Services
Agreement with CARS to provide transportation services to
the disabled and senior citizens of Southlake.
4C -2
Shana Yelverton, City Manager
Meeting Date —January 19, 2010
Page 3 of 9
2010 AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
CALL A RIDE OF SOUTHLAKE, INC.
STATE OF TEXAS §
9
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
4C - 3
Shana Yelverton, City Manager
Meeting Date —January 19, 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.
4C -4
Shana Yelverton, City Manager
Meeting Date —January 19, 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
4C -5
Shana Yelverton, City Manager
Meeting Date —January 19, 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
4C -6
Shana Yelverton, City Manager
Meeting Date —January 19, 2010
Page 7 of 9
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
4C -7
Shana Yelverton, City Manager
Meeting Date —January 19, 2010
Page 8 of 9
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 employeesof 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 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
�rrvSin�i�sr� - 5hra "��'uefr�:i�ve ur'�re °rel�uz`cv wiiinn,� ana signea'by'tne part'to
be changed therewith.
This document may be executed in duplicate originals.
4C -8
Shana Yelverton, City Manager
Meeting Date —January 19, 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
4C -9
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CALLA RIDE OF SOUTIMAKI! UNC,
FOR'i'EAR2010
Actual! 2009 F,`,xpeiAcdl 201
C,bntract f-abor
$11,346
$11800
IRS
390
0
Telephone
570
60)
lusuran
1,275
1,S(X)
Posoge
97
20 1
Office cxpense
578
6M)
Printing
630
700
VoL Appec.
0
200
Fusid Raising
0
QN)
Iowa
SILS86
$15§80