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: