Item 4FCity of Southlake, Texas
MEMORANDUM
November 21, 2007
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
SUBJECT: 2008 Community Services Agreement with Call A Ride of Southlake, Inc.
(CARS)
Action Requested: City Council approval of 2008 community services agreement with Call
A Ride of Southlake (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 has demonstrated a commitment
to providing quality service and continues to average approximately 100
one -way trips per month.
Financial
Considerations: As part of the proposed agreement, funding in the amount of $12,000 is
requested for Call A Ride of Southlake (CARS) for 2008, representing
no change in financial support from the 2007 agreement. Funding is
available in the approved FY 2007 -08 general fund budget for this
proposed expenditure.
Financial Impact: The financial impact to the City includes the anticipated annual payment
of $12,000 (distributed in quarterly payments subject to conditions) to
CARS and the provision of office space.
Citizen Input/
Board Review: The Senior Advisory Commission reviewed the proposed agreement at
their November 13, 2007 and recommended approval (7 -0).
Call A Ride of Southlake, Inc., has reviewed the proposed agreement
and recommended minor changes to the CARS office hours
arrangement and inclusion of an annual financial report to the City prior
to the expiration of the community services agreement.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 2
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 2008 community services agreement between the City
of Southlake and Call A Ride Southlake, Inc.
Staff
Recommendation: City Council approval of 2008 community services agreement with Call
A Ride of Southlake (CARS) to provide transportation services to the
disabled and senior citizens of Southlake.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 3
2008 AGREEMENT BETWEEN
CITY OF SOUTHLAKE AND
CALL A RIDE OF SOUTHLAKE, INC.
STATE OF TEXAS §
V
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 the CARS van, and
(c) who are residents of Southlake, and
(d) whose physical condition permits them to be transported by the drivers in the
vehicles available, including an Activan with ramp for wheelchairs and motor
chairs.
(e) City of Southlake will have access to the CARS van for use by CARS certified
City staff members or City volunteers for City sponsored activities relating to
therapeutic recreation.
(f) The CARS van will be available for programs sponsored by the Southlake
Senior Activity Center and all of their participants.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 4
(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) CARS drivers shall also use the ramp equipped minivan, owned by CARS,
when necessary to transport wheelchair or power chair bound individuals or
when a suitable volunteer owned vehicle is not available.
(c) Transportation services will be provided Monday through Friday during the
hours between 8:00 AM and 5:00 PM, or by special arrangement.
(d) 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.
(8) CARS shall provide copies of the minutes of the CARS Board meetings to the City's
Director of Community Services 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.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 5
(10) CARS shall maintain insurance which will name the City as an insured on the CARS
auto liability coverage.
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, and the City liaison may participate
with the CARS board at all scheduled meetings.
(3) City shall continue to provide office space 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 CARS.
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 seven years of operations, having commenced transporting qualified users
in January 2000 as promised. City agrees to an annual stipend to be paid to CARS in the amount
of $12,000 to be dispersed in quarterly payments throughout the fiscal 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 2008 based on an invoice for services in October,
November, and December, 2007 and every three months thereafter in accordance with these
provisions. Payment of services by the City of Southlake 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:
• Supplies and printing costs associated with promotion of CARS service to Southlake residents.
• Telephone and other utilities associated with dispatching volunteer drivers.
• Maintenance and operations expenses, and insurance costs necessary for operating the ramp
equipped Activan.
• Personnel expenses.
• Other operational costs including, but not limited to, insurance requirements for CARS Board
members, volunteer drivers, and paid staff.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 6
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.
SECTION 5
INSURANCE AND INDEMNIFICATION
A. CARS shall provide City proof of automobile liability insurance coverage with minimum limits
of $250,000/$500,000, with City as an additional named insured. The City of Southlake will
be listed as an additional insured as: City of Southlake, Texas, c/o Director of Community
Services, 400 North White Chapel, Southlake, Texas 76092.
B. 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.
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.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 7
SECTION 7
TERM OF AGREEMENT
1. The term of this agreement shall be for a period beginning January 1, 2008 and ending
December 31, 2008. 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 2008 Agreement constitutes the first
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
Donna Fry, President
Bv:
Andy Wambsganss, Mayor
APPROVED AS TO FORM AND LEGALITY:
City Attorney