Loading...
Item 10CCity of Southlake, Texas MEMORANDUM February 2, 2004 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services (xt. 1527) SUBJECT: Approval of 2004 Agreement for Community Services with Call A Ride of Southlake, Inc. (CARS) Action Requested: City Council approval to enter into a 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 in January, 2000. In July of 2003, City Council authorized the implementation of a Transportation Task Force to conduct a study and submit their findings. The recommendations, as approved by City Council, included continuation of funding for CARS in the amount of $10,000 for transportation services. Other recommendations for inclusion in the proposed agreement were for CARS to establish "in office" hours, after hours emergency on -call service, provide statistical tracking and monthly reports, conduct Board meetings in accordance with CARS bylaws and articles of incorporation, provide minutes of Board meetings to the City within thirty days, and have City participation at all scheduled CARS Board meetings. Based on the findings of the Senior Transportation Task Force Report, staff and CARS developed a revised agreement that addresses each of the recommendations approved by City Council. Financial Considerations: Call A Ride of Southlake (CARS) has requested funding of $10,000 for FY 2003 -04 to provide transportation services to seniors and those with physical challenges. Funding is available in the approved FY 2003 -04 Community Services division budget for this item. Financial Impact: The financial impact to the City includes the anticipated annual payment of $10,000 (distributed in quarterly payments subject to conditions) to CARS and the provision of office space at the DPS east facility. Billy Campbell, City Manager February 2, 2004 Page 2 Citizen Input/ Board Review: The CARS Board of Directors approved the proposed agreement at their January 27, 2004 meeting. The City Council reviewed and approved the Southlake Transportation Task Force Report at their September 16, 2003 meeting. The Task Force Report included a recommendation to support continued utilization of CARS as the primary transportation program for seniors and those with physical challenges and to provide funding in the amount of $10,000 to CARS for their fiscal year 2003 -04 operations. Legal Review: The City Attorney has reviewed the proposed agreement with CARS. 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 denial of the proposed community services agreement. Supporting Documents: Supporting documents include: ■ Proposed agreement between the City of Southlake and Call A Ride of Southlake, Inc. Staff Recommendation: City Council approval to enter into a community services agreement with Call A Ride of Southlake (CARS) to provide transportation services to the disabled and senior citizens of Southlake. Billy Campbell, City Manager February 2, 2004 Page 3 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE OF SOUTHLAKE, INC. 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 to programs sponsored by the Southlake Senior Activity Center and all of their participants. (2) CARS will provide transportation to the persons identified in Section 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; Billy Campbell, City Manager February 2, 2004 Page 4 (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) Regular office hours with available staff in office will be established and published by CARS. Such hours shall be no less than two (2) consecutive hours per week to occur at the same time and on the same day of each week. (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. (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: Billy Campbell, City Manager February 2, 2004 Page 5 (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 four years of operations, having commenced transporting qualified users in January 2000 as promised, City agrees to a 5 t ' year stipend to be paid to CARS in the amount of $10,000 to be dispersed in quarterly payments throughout the fiscal year following the successful completion of each previous quarter of service and subject to the terms and conditions of this Agreement. The first payment shall be made in January 2004 based on an invoice for services in October, November, and December, 2003 and every three months thereafter in accordance with these provisions. 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 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, Billy Campbell, City Manager February 2, 2004 Page 6 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 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. SECTION 7 TERM OF AGREEMENT Billy Campbell, City Manager February 2, 2004 Page 7 This Agreement shall be in full force and effect from the date signed through September 30, 2004. 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 2004. CALL A RIDE OF SOUTHLAKE in Steve South, Chairman ATTEST: Notary Public in and for the State of Texas CITY OF SOUTHLAKE IM Andy Wambsganss, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Type /Printed Name of Notary Public Commission Expires: