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Item 4C-4ICITY OF SOUTHLAKE MEMORANDUM January 10, 2011 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services Items 4C — 41 Page 1 SUBJECT: Approve Community Services Agreements with Call A Ride Southlake, Metroport Meals On Wheels, Grapevine Relief and Community Exchange, Southlake Historical Society, Southlake Sister Cities, SafeHaven of Tarrant County, and Southlake DPS Citizens Association Action Requested: City Council approval of Community Services Agreements with Call A Ride Southlake (CARS), Metroport Meals On Wheels (MMOW), Grapevine Relief and Community Exchange (GRACE), Southlake Historical Society, Southlake Sister Cities, SafeHaven of Tarrant County, and Southlake DPS Citizens Association. Background Information: The City has chosen to work with these non - profit Community organizations to provide important social, educational, economic and cultural programs and services to Southlake citizens and businesses. Having the Community Services Agreements in place allows for these services to be provided without the City having to fund additional personnel and capital investments, as well as the ongoing administrative and operational expenses that would be required to provide these services to the community. As per the direction of the City Council, and in preparation for the renewal of these agreements, Council Members Pamela Muller and Jeff Wang worked with staff and conducted a thorough review and evaluation of the scope of services, and assessed the value to the City for each agreement. The agreements, as presented for the Council's consideration, have been standardized and the scope of services required, by both the organizations and the City, have been clarified. It is the recommendation of the workgroup to approve these agreements for a period of three years, instead of annually as has been the practice. However, the workgroup also recommended that a few of the multi -year agreements be set at two years for the initial term to prevent all of the Items 4C — 41 Page 2 Shana Yelverton, City Manager City Council Meeting Date — January 18, 2011 Page 2 of 4 agreements from coming due for renewal (or expiration) in the same year. A copy of each proposed Community Services Agreement, detailing the organization's scope of services and the City's obligations to each, is attached. Financial Considerations: Funding for each Community Services Agreement is included in the approved FY 2011 annual budget, and will also be included in subsequent budget proposals for FY 2012 and FY 2013 as required by the term for each agreement. The total amount allocated for the proposed agreements for FY 2011 is $38,750, which represents no change from the previous year's budget for all the organizations except MMOW. MMOW is proposing a 25% increase from last year's funding of $12,600, to $15,750 to cover the increase in the cost of the meals due to increased participation. The funding for each agreement is broken down as follows: Call A Ride Southlake $12,000 Metroport Meals On Wheels 15,750 Grapevine Relief and Community Exchange 5,000 Southlake Sister Cities 5,000 SafeHaven of Tarrant County 1,000 Southlake Historical Society no funds Southlake DPS Citizens Association no funds $38,750 Note there is no cash payment or other consideration due to Southlake Historical Society since the City and SHS agree that the services provided by the other represent an approximate equal value. In addition, there is no cash payment to Southlake DPS Citizens Association; however, the City agrees to furnish equipment, fuel, uniforms and training to the members of SDCA. Strategic Link: This item is linked to the City's Strategy Map related to the focus areas of Performance Management and Service Delivery; Safety and Security; and Partnerships and Volunteerism and meets the corporate objectives to Attract and Keep Top -Tier Businesses to Drive a Dynamic and Sustainable Economic Environment; Collaborate with Select Items 4C — 41 Page 3 Shana Yelverton, City Manager City Council Meeting Date — January 18, 2011 Page 3 of 4 Partners to Implement Service Solutions; Provide High Quality Customer Service; Enhance Resident Quality of Life and Business Sustainability through Tourism; Safety and Security; and Promote Opportunities for Partnerships and Volunteer Involvement. Citizen Input/ Board Review: Senior Advisory Commission (SAC) recommended (7 -0) at their January 11, 2011 meeting to approve the Call A Ride Southlake and Metroport Meals On Wheels Community Services Agreements with recommended funding of $12,000 for CARS and $15,750 for MMOW. SAC also recommended the agreements be reviewed annually. Each organization has reviewed and approved the agreements as presented. City Council consideration January 18, 2011. Legal Review: The Agreements were modeled after the standard Community Services Agreement utilized by the City and reviewed by the City Attorney. Alternatives: Alternatives may include the following: • City Council approval of proposed Community Services Agreements as presented. • City Council approval of the proposed Community Services Agreements with input as desired. • City Council decision not to renew the proposed Community Services Agreements. Supporting Documents: • Summary of Services and Corresponding Funding • Proposed Community Services Agreements for: • Call A Ride Southlake • Metroport Meals On Wheels • Grapevine Relief and Community Exchange • Southlake Historical Society • Southlake Sister Cities • SafeHaven of Tarrant County • Southlake DPS Citizens Association Items 4C — 41 Page 4 Shana Yelverton, City Manager City Council Meeting Date — January 18, 2011 Page 4 of 4 Staff Recommendation: City Council approval of Community Services Agreements with Call A Ride Southlake, Metroport Meals On Wheels, Grapevine Relief and Community Exchange, Southlake Historical Society, Southlake Sister Cities, SafeHaven of Tarrant County, and Southlake DPS Citizens Association as presented. AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE SOUTHLAKE, INC. STATE OF TEXAS § 1 2 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 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 free, non - emergency transportation to Southlake seniors and disabled adult citizens for medical, dental, social, business, shopping and personal needs; and WHEREAS, City and CARS desire to enter into a Renewal Agreement whereby CARS will continue to provide free, non - emergency transportation to Southlake seniors and disabled adult citizens for medical, dental, social, business, shopping and personal needs; 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 services as outlined in the attached Appendix, Section A. B. CITY shall provide services as outlined in the attached Appendix, Section A. SECTION 2 CITY AND CARS STAFF CONTACTS A. CARS and the City shall both provide staff liaison's as outlined in the attached Appendix, Section B. Shana Yelverton, City Manager Meeting Date —January 18, 2011 Page 2 of 8 SECTION 3 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 4 CONSIDERATION In recognition that the City elected to support the CARS transportation services rather than provide such service, City agrees to an annual payment to be paid to CARS in the amount of $12,000 to be dispersed annually on November 1 of each year. Final payment amount is subject to City Council budget authorization. Payment by the City shall be applied by CARS as described in the attached Appendix, Section A. SECTION 5 REPORTING A. CARS shall generate and provide to Liz Garvin, Senior Services Coordinator, of the City, monthly reports regarding the performance measures outlined in the attached Appendix, Section B. SECTION 6 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 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, Shana Yelverton, City Manager Meeting Date —January 18, 2011 Page 3 of 8 EXCEPT TO THE EXTENT OF ANY APPLICABLE INSURANCE COVERAGES. SECTION 7 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a period beginning January 1, 2011 and ending September 30, 2013. This agreement may be renewed for up to three successive three -year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. 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 9 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. Shana Yelverton, City Manager Meeting Date —January 18, 2011 Page 4 of 8 SECTION 10 CITY OF SOUTHLAKE — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. CARS, its mission and the services outlined on page 1 of the agreement, link to the City's strategy through the following strategic objectives: • B2 Collaborate with select partners to implement service solutions • B4 Provide high quality customer service • C1 Achieve the highest standards of safety and security • C2 Provide travel convenience within City and region • C5 Promote opportunities for partnerships and volunteer involvement SECTION 11 CITY OF SOUTHLAKE VALUES The City 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. • 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 11 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 Shana Yelverton, City Manager Meeting Date —January 18, 2011 Page 5 of 8 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. SECTON 12 MISCELLANEOUS 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 CARS executed this Agreement as of this day of , 201_ Mayor, City of Southlake Chairman, Call A Ride Southlake, Inc. Approved as to form and legality: Attorney at Law Shana Yelverton, City Manager Meeting Date —January 18, 2011 Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND CALL A RIDE SOUTHLAKE, INC. APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, CARS shall provide the following services: 1. CARS staff contact person to serve as a liaison between the CARS and the City: a. Name: Soheila Phelps b. Title: Office Manager c. Phone: 817.790.4022 d. Email Address: callaride @hotmail.com 2. 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. Youth under the age of 18 years who are not ambulatory. Care giver limited to transportation provided with a handicapped accessible vehicle, 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 a City -owned Active with ramp for wheelchairs and motor chairs. 3. CARS will provide transportation to the persons identified in Subsection 1 A above: a. to and from medical appointments, dental appointments, and health care providers located within a 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. Shana Yelverton, City Manager Meeting Date —January 18, 2011 Page 7 of 8 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. 7. CARS will provide an after - hours, on -call contact number available to the public safety dispatch office to reach a representative from CARS. B. In addition to payment described in Section 4 of this agreement, City shall: 1. Provide 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. a. Name: Liz Garvin b. Title: Senior Services Coordinator c. Phone: (817) 748 -8398 d. Email Address: /carvin(a)ci.south/ake.tx.us 2. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website 3. Consider posting information contained in press releases on www.MySouthlakeNews.com and /or www.CitvofSouthlake.com Any Shana Yelverton, City Manager Meeting Date —January 18, 2011 Page 8 of 8 and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by CARS . Such use is subject to review and approval by the City's Community Relations Officer. 6. Provide at no cost to CARS in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to CARS business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating CARS's performance pursuant to Section 8 of this agreement, the City will determine whether CARS has met the following performance measures: 1. CARS shall provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. 2. CARS shall develop and provide an annual written report to the City. This report shall include: a disclosure of CARS financial status, operations conducted during the preceding year, planned future operations, details on how the City's funding is utilized in support of CARS, and any other information agreed to by both CARS and the City. 3. CARS shall continue to provide monthly written reports to the City. AGREEMENT BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS STATE OF TEXAS § 1 2 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, a non - profit corporation of Texas, acting by and through its duly authorized Executive Director (hereinafter referred to as "MMOW "), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of MMOW is to provide services as a volunteer advocate for the elderly and those in need through home - delivered meals, senior center lunch and activity programs and other support services; and WHEREAS, City and MMOW desire to enter into a Renewal Agreement whereby MMOW will continue to provide for the coordination of activities and meals, Senior Luncheon activities, participation in Senior Advisory Commission, and the organization of home meal delivery ; NOW, THEREFORE, City and MMOW, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. MMOW shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. SECTION 2 CITY AND MMOW STAFF CONTACTS A. MMOW and the City shall both provide staff liaison's as outlined in the attached Appendix, Section B. Community Services Agreement with Metroport Meals on Wheels Approved by City Council (date) Page 2 of 8 SECTION 3 GOVERNANCE A. MMOW 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 MMOW board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support MMOW's efforts to support the elderly and in -need rather than provide such service, City agrees to an annual payment to be paid to MMOW in the amount of $15,750 to be dispersed annually on November 1 of each year. Final payment amount is subject to City Council budget authorization. Payment by the City shall be applied by MMOW as described in the attached Appendix, Section A. SECTION 5 REPORTING A. MMOW shall generate and provide to Liz Garvin, Senior Services Coordinator of the City, monthly reports regarding the performance measures outlined in the attached Appendix, Section B. B. The City shall have the right to review the books and records kept incident to the services provided by MMOW to the City. SECTION 6 INSURANCE AND INDEMNIFICATION A. MMOW 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 MMOW, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. MMOW SHALL NOT BE REQUIRED TO INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY DAMAGES OR LIABILITY FOUND BY A Community Services Agreement with Metroport Meals on Wheels Approved by City Council (date) Page 3 of 8 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 7 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. 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a period beginning January 1, 2011 and ending September 30, 2013. This agreement may be renewed for up to three successive three -year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. 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 MMOW ceases to provide transportation services, MMOW shall return to the City any unexpended funds paid pursuant to this Agreement. SECTION 9 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. Community Services Agreement with Metroport Meals on Wheels Approved by City Council (date) Page 4 of 8 SECTION 10 CITY OF SOUTHLAKE — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. MMOW, its mission and the services outlined in the attached Appendix link to the City's strategy through the following strategic objectives: • B2 Collaborate with select partners to implement service solutions • B4 Provide high quality customer service • C5 Promote opportunities for partnerships and volunteer involvement SECTION 11 CITY OF SOUTHLAKE VALUES The City 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. • 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 11 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. Community Services Agreement with Metroport Meals on Wheels Approved by City Council (date) Page 5 of 8 SECTON 12 MISCELLANEOUS 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 MMOW have executed this Agreement as of this day of , 201_ Mayor, City of Southlake Executive Director, Metroport Meals on Wheels Approved as to form and legality: Attorney at Law Community Services Agreement with Metroport Meals on Wheels Approved by City Council (date) Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS I_1»4►111K SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, MMOW shall provide the following services: 1. MMOW staff contact person to serve as a liaison between the MMOW and the City: a. Name: b. Title: c. Phone: d. Email Address: 2. To coordinate, organize, and run the weekly Tuesday Southlake senior congregate luncheon program, and associated Tuesday activities. 3. To organize volunteers to plan and support Southlake Tuesday congregate lunch program, and home delivered meal program to Southlake residents. 4. 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. 5. 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. 6. Perform general clean up following each event return tables to original locations and secure the facility. 7. Provide a monthly updated roster of participants to include name address city phone number and emergency information. 8. Metroport Meals On Wheels representative will attend the monthly meeting of the Senior Advisory Commission to provide a report and statistics. B. In addition to payment described in Section 4 of this agreement, City shall: Community Services Agreement with Metroport Meals on Wheels Approved by City Council (date) Page 7 of 8 1. Provide a staff contact person to serve as a liaison between City and MMOW. The City liaison shall be apprised by MMOW of all MMOW board meetings, .MMOW shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the MMOW board at all scheduled meetings. a. Name: Liz Garvin b. Title: Senior Services Coordinator c. Phone: (817) 748 -8398 d. Email Address: lcarvin(a)ci.southlake.tx.us 2. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website 3. Consider posting information contained in press releases on www.MySouthlakeNews.com and /or www.CitvofSouthlake.com Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by MMOW. Such use is subject to review and approval by the City's Community Relations Officer. 6. Provide at no cost to MMOW in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to MMOW business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating MMOW's performance pursuant to Section 8 of this agreement, the City will determine whether MMOW has met the following performance measures: 1. MMOW shall provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. Community Services Agreement with Metroport Meals on Wheels Approved by City Council (date) Page 8 of 8 2. MMOW shall develop and provide an annual written report to the City. This report shall include: a disclosure of MMOW financial status, operations conducted during the preceding year, planned future operations, details on how the City's funding is utilized in support of MMOW, and any other information agreed to by both MMOW and the City. 3. MMOW shall continue to provide monthly written reports to the City. AGREEMENT BETWEEN CITY OF SOUTHLAKE AND GRAPEVINE RELIEF AND COMMUNITY EXCHANGE STATE OF TEXAS § 1 2 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 Grapevine Relief and Community Exchange, a non- profit corporation of Texas, acting by and through its duly authorized Executive Director (hereinafter referred to as "GRACE "), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of GRACE is to provide food, clothing, financial assistance, and other vital necessities to people who are struggling with a limited income or recent emergency; and WHEREAS, City and GRACE desire to enter into a Renewal Agreement whereby GRACE will continue to provide food, clothing, financial assistance, and other vital necessities to people who are struggling with a limited income or recent emergency; NOW, THEREFORE, City and GRACE, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. GRACE shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. SECTION 2 CITY AND GRACE STAFF CONTACTS A. GRACE and the City shall both provide staff liaison's as outlined in the attached Appendix, Section A. Community Services Agreement with Grapevine Relief and Community Exchange Approved by City Council (date) Page 2 of 8 SECTION 3 GOVERNANCE A. GRACE 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 GRACE board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support the efforts of GRACE to provide assistance rather than provide such service, City agrees to an annual payment to be paid to GRACE in the amount of $5,000 to be dispersed annually on November 1 of each year. Final payment amount is subject to City Council budget authorization. Payment by the City shall be applied by GRACE as described in the attached Appendix, Section A. SECTION 5 REPORTING A. GRACE shall generate and provide to Mike Bedrich, Community Initiatives Supervisor of the City, annual reports regarding the performance measures outlined in the attached Appendix, Section B. B. The City shall have the right to review the books and records kept incident to the services provided by GRACE to the City. SECTION 6 INSURANCE AND INDEMNIFICATION A. GRACE 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 GRACE, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. GRACE SHALL NOT BE Community Services Agreement with Grapevine Relief and Community Exchange Approved by City Council (date) Page 3 of 8 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 7 INDEPENDENT CONTRACTOR In performing the services hereunder, GRACE 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a period beginning January 1, 2011 and ending September 30, 2013. This agreement may be renewed for up to three successive three -year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. 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 GRACE ceases to provide transportation services, GRACE shall return to the City any unexpended funds paid pursuant to this Agreement. SECTION 9 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. Community Services Agreement with Grapevine Relief and Community Exchange Approved by City Council (date) Page 4 of 8 SECTION 10 CITY OF SOUTHLAKE — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. GRACE, its mission and the services outlined on page 1 of the agreement, link to the City's strategy through the following strategic objectives: • C1 Achieve the highest standards in safety and security • B2 Collaborate with select partners to implement service solutions • B4 Provide high quality customer service SECTION 11 CITY OF SOUTHLAKE VALUES The City 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. • 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 11 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 Community Services Agreement with Grapevine Relief and Community Exchange Approved by City Council (date) Page 5 of 8 employee, such action or failure to act shall not be considered a breach of this Agreement. SECTON 12 MISCELLANEOUS 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 GRACE have executed this Agreement as of this day of , 201_ Mayor, City of Southlake Executive Director, Grapevine Relief and Community Exchange Approved as to form and legality: Attorney at Law Community Services Agreement with Grapevine Relief and Community Exchange Approved by City Council (date) Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND GRAPEVINE RELIEF AND COMMUNITY EXCHANGE APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, GRACE shall provide the following services: 1. GRACE staff contact person to serve as a liaison between the GRACE and the City: a. Name: b. Title: c. Phone: d. Email Address: 2. Short term emergency assistance for food and clothing needs. 3. Administration of direct aid as funding allows (assistance with utilities, rent, medicine, gasoline, and other vital necessities). 4. Referrals to area agencies and organizations. 5. Distribution of furniture or other donated resources intended for emergency purposes as available. 6. Cooperation with local organizations to render additional aid in certain instances as this assistance is available, through either designated funding or seasonal programs. 7. Case management for repeated or extended emergency assistance. 8. Supplemental food commodities distribution for households on a low or fixed income. 9. Transitional housing for homeless families. 10. Low cost shopping at GRACEFUL BUYS Resale and TOUCH OF GRACE resale shops. 11. Medical attention for uninsured residents at community clinic. Community Services Agreement with Grapevine Relief and Community Exchange Approved by City Council (date) Page 7 of 8 B. In addition to payment described in Section 4 of this agreement, City shall: 1. Provide a staff contact person to serve as a liaison between City and GRACE The City liaison shall be apprised by GRACE of all GRACE board meetings, GRACE shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the GRACE board at all scheduled meetings. a. Name: Mike Bedrich b. Title: Community Initiatives Supervisor c. Phone: (817) 748 -8137 d. Email Address: mbedrich(cDci.southlake.tx.us 2. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website 3. Consider posting information contained in press releases on www.MySouthlakeNews.com and /or www.CitvofSouthlake.com Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by GRACE. Such use is subject to review and approval by the City's Community Relations Officer. 6. Provide at no cost to GRACE in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to GRACE business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating GRACE's performance pursuant to Section 8 of this agreement, the City will determine whether GRACE has met the following performance measures: Community Services Agreement with Grapevine Relief and Community Exchange Approved by City Council (date) Page 8 of 8 GRACE shall provide an annual written report to the City. This report shall include: a disclosure of GRACE's financial status, operations conducted during the preceding year, planned future operations, and any other information agreed to by both GRACE and the City. AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE HISTORICAL SOCIETY STATE OF TEXAS § 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 Southlake Historical Society, a non - profit corporation of Texas, acting by and through its duly authorized President (hereinafter referred to as "SHS "), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of SHS is to provide a dedication to archiving historical materials including scanning historical photos, gathering oral history interviews, helping in the research of both family and area business histories, developing programs for teachers and students, and working as the community advocacy group to preserve and protect Southlake's history; and WHEREAS, City and SHS desire to enter into a Renewal Agreement whereby SHS will continue to provide educational and motivational programs to improve the understanding of items places and persons of historical significance in and around Southlake for the enhancement of the City NOW, THEREFORE, City and SHS, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. SHS shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. 4C -1 Community Services Agreement with Southlake Historical Society Approved by City Council (date) Page 2 of 7 SECTION 2 CITY AND SHS STAFF CONTACTS A. SHS and the City shall both provide staff liaison's as outlined in the attached Appendix, Section A. SECTION 3 GOVERNANCE A. SHS 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 SHS board of directors. SECTION 4 REPORTING A. SHS shall generate and provide to Kerry McGeath, Deputy Director of Community Services of the City, annual reports regarding the performance measures outlined in the attached Appendix, Section B. B. The City shall have the right to review the books and records kept incident to the services provided by Southlake Historical Society to the City. SECTION 5 INSURANCE AND INDEMNIFICATION A. SHS 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 SHS, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. SHS 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. Community Services Agreement with Southlake Historical Society Approved by City Council (date) Page 3 of 7 SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, SHS 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 AND REVIEW OF PERFORMANCE 1. The term of this aareement shall be for a period beainnina January 1 2011 and ending September 30, 2012 This agreement may be renewed for up to three successive three -year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. 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 SHS ceases to provide services under this agreement, SHS 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 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 — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic Community Services Agreement with Southlake Historical Society Approved by City Council (date) Page 4 of 7 management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. SHS, its mission and the services, outlined on page 1 of the agreement, link to the City's strategy through the following strategic objectives: • C3 Provide attractive and unique spaces fo the enjoyment of personal interests • C5 Promote opportunities for partnerships and volunteer involvement • B3 Enhance resident quality of life and business sustainability through tourism SECTION 10 CITY OF SOUTHLAKE VALUES The City 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. • 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 10 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. Community Services Agreement with Southlake Historical Society Approved by City Council (date) Page 5 of 7 SECTON 11 MISCELLANEOUS 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 SHS have executed this Agreement as of this day of , 201_ Mayor, City of Southlake President, Southlake Historical Society Approved as to form and legality: Attorney at Law Community Services Agreement with Southlake Historical Society Approved by City Council (date) Page 6 of 7 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE HISTORICAL SOCIETY APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, SHS shall provide the following services: 1. SHS staff contact person to serve as a liaison between the SHS and the City: a. Name: Anita Robeson b. Title: President c. Phone: (817) 896 -4280 d. Email Address: asonici(cr aol.com 2. SHS shall manage and maintain their own SHS website; however, they may, at times, prepare and propose SHS content for inclusion on the City of Southlake website, subject to the City approval. Any additional services related to the preparation, formatting, and arrangement of SHS material on the city website shall be at the discretion of the Director of Community Services or his designee. 3. Maintain local membership and act as the local historical society for Southlake. B. In addition to payment described in Section 4 of this agreement, City shall: 1. Provide a staff contact person to serve as a liaison between City and SHS The City liaison shall be apprised by SHS of all SHS board meetings, SHS shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the SHS board at all scheduled meetings. a. Name: Kerry McGeath b. Title: Deputy Director of Community Services c. Phone: (817) 748 -8384 d. Email Address: kmcgeath(d�ci.southlake.tx.us 2. The City liaison shall be notified by SHS of any events to be held at the Log Cabin. SHS shall forward via email event information to include the event date, time and expected attendance. Such notification shall be provided thirty (30) days prior to each event. Community Services Agreement with Southlake Historical Society Approved by City Council (date) Page 7 of 7 3. Provide lockable, storage space at the Department of Community Services' storage building, located at the City's Service Center, 1950 E. Continental Blvd., Southlake, Texas 76092, or other location as deemed appropriate by the Director of Community Services. 4. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website. 5. Consider posting information contained in press releases on www.MySouthlakeNews.com and /or www.CityofSouthlake.com Any and all information in such press releases will be subject to review and possible revision prior to posting. 6. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 7. Provide access to the City's logo for use by SHS. Such use is subject to review and approval by the City's Community Relations Officer. 8. Provide at no cost to SHS in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to SHS business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating SHS's performance pursuant to Section 8 of this agreement, the City will determine whether SHS has met the following performance measures: 1. SHS will provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE SISTER CITIES STATE OF TEXAS § 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 Southlake Sister Cities, a non - profit corporation of Texas, acting by and through its duly authorized President (hereinafter referred to as "SSC "), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of SSC is to provide for the fostering of global understanding, friendship and communication through education and exchange; and WHEREAS, City and SSC desire to enter into a Renewal Agreement whereby SSC will continue to act as the official liaison between Southlake's sister cities, host visitors, provide education regarding the sister cities, promote the Sister Cities program, and represent Southlake in exchange visits to any sister city; NOW, THEREFORE, City and SSC, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. SSC shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. 4C -1 Community Services Agreement with Southlake Sister Cities Approved by City Council (date) Page 2 of 7 SECTION 2 CITY AND SSC STAFF CONTACTS A. SSC and the City shall both provide staff liaison's as outlined in the attached Appendix, Section A. SECTION 3 GOVERNANCE A. SSC 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 SSC board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support the efforts of SSC to foster global communication, understanding and friendship rather than provide such service, City agrees to an annual payment to be paid to SSC in the amount of $5,000 to be dispersed annually on November 1 of each year. Final payment amount is subject to City Council budget authorization. Payment by the City shall be applied by SSC as described in the attached Appendix, Section A. SECTION 5 REPORTING A. SSC shall generate and provide to Candice Sanders, Assistant to the Director of Community Services of the City, annual reports regarding the performance measures outlined in the attached Appendix, Section B. B. The City shall have the right to review the books and records kept incident to the services provided by Southlake Sister Cities to the City. SECTION 6 INSURANCE AND INDEMNIFICATION A. SSC 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, Community Services Agreement with Southlake Sister Cities Approved by City Council (date) Page 3 of 7 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 7 INDEPENDENT CONTRACTOR In performing the services hereunder, SSC 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE The term of this agreement shall be for a period beginning January 1, 2011 and ending September 30, 2012 This agreement may be renewed for up to three successive three -year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. 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 SSC ceases to provide transportation services, SSC shall return to the City any unexpended funds paid pursuant to this Agreement. SECTION 9 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 Community Services Agreement with Southlake Sister Cities Approved by City Council (date) Page 4 of 7 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 10 CITY OF SOUTHLAKE — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. SSC, its mission and the services, outlined on page 1 of the agreement, link to the City's strategy through the following strategic objectives: • C4 Attract and keep top -tier businesses to drive a dynamic and sustainable economic environment • C5 Promote opportunities for partnerships and volunteer involvement SECTION 11 CITY OF SOUTHLAKE VALUES The City 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. • 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 11 are goals to which City officials, staff and employees are expected to adhere to in activities concerning this Agreement. Community Services Agreement with Southlake Sister Cities Approved by City Council (date) Page 5 of 7 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. SECTON 12 MISCELLANEOUS 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 SSC have executed this Agreement as of this day of , 201_ Mayor, City of Southlake President, Southlake Sister Cities Approved as to form and legality: Attorney at Law Community Services Agreement with Southlake Sister Cities Approved by City Council (date) Page 6 of 7 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE SISTER CITIES APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, SSC shall provide the following services: 1. SSC staff contact person to serve as a liaison between the SSC and the City: a. Name: Virginia M. Muzyka b. Title: President c. Phone: (682) 593 -0076 d. Email Address: VMM102(a� Charter. net 2. Act as the official liaison between Southlake sister cities and friendship cities. Current sister cities are Tome, Japan and El Fuerte, Mexico. Current friendship city is Suzhou Wuzhong District, China. 3. Serve as host for visitors from Southlake Sister Cities including arrangement of overnight accommodations, meals, touring, official receptions, etc. 4. Promote the Southlake Sister Cities program to the citizens of Southlake. 5. Represent Southlake in exchange visits to Southlake Sister Cities. B. In addition to payment described in Section 4 of this agreement, City shall: 1. Provide a staff contact person to serve as a liaison between City and SSC. The City liaison shall be apprised by SSC of all SSC board meetings, SSC shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the SSC board at all scheduled meetings. a. Name: Candice Sanders b. Title: Assistant to the Director of Community Services c. Phone: (817) 748 -8311 d. Email Address: csanders(d�ci.southlake.tx.us Community Services Agreement with Southlake Sister Cities Approved by City Council (date) Page 7 of 7 2. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website 3. Consider posting information contained in press releases on www.MySouthlakeNews.com and /or www.CityofSouthlake.com Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by SSC. Such use is subject to review and approval by the City's Community Relations Officer. 6. Provide at no cost to SSC in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to ,SSC business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating SSC's performance pursuant to Section 8 of this agreement, the City will determine whether SSC has met the following performance measures: 1. SSC will act as the official liaison, represent the City, and provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. 2. SSC will develop and provide a detailed annual report on its programs and events, and on how the City's funding is utilized in support of SSC. AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SAFEHAVEN OF TARRANT COUNTY STATE OF TEXAS § 1 2 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 SafeHaven of Tarrant County, a non - profit corporation of Texas, acting by and through its duly authorized Executive Director (hereinafter referred to as "SafeHaven "), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of SafeHaven is to end domestic violence through safety, support, prevention and social change; and WHEREAS, City and SafeHaven to enter into a Renewal Agreement whereby SafeHaven will continue to provide emergency services for victims of family violence, crisis intervention, a 24 -hour crisis hot line, support services, prevention services, legal advocacy, transportation, and 24 -hour crisis response to the Southlake Police Department.; NOW, THEREFORE, City and SafeHaven, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. SafeHaven shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. SECTION 2 CITY AND SAFEHAVEN STAFF CONTACTS A. SafeHaven and the City shall both provide staff liaison's as outlined in the attached Appendix, Section A. Community Services Agreement with SafeHaven of Tarrant County Approved by City Council (date) Page 2 of 7 SECTION 3 GOVERNANCE A. SafeHaven 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 _SafeHaven board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support the efforts of SafeHaven to end domestic violence rather than provide such service, City agrees to an annual payment to be paid to SafeHaven in the amount of $1,000 to be dispersed annually on November 1 of each year. Final payment amount is subject to City Council budget authorization. Payment by the City shall be applied by SafeHaven as described in the attached Appendix, Section A. SECTION 5 REPORTING A. SafeHaven shall generate and provide to Mike Bedrich, Community Initiatives Supervisor of the City, annual reports regarding the performance measures outlined in the attached Appendix, Section B. B. The City shall have the right to review the books and records kept incident to the services provided by SafeHaven to the City. SECTION 6 INSURANCE AND INDEMNIFICATION A. SAFEHAVEN 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 SAFEHAVEN, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. SAFEHAVEN SHALL NOT BE REQUIRED TO Community Services Agreement with SafeHaven of Tarrant County Approved by City Council (date) Page 3 of 7 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 7 INDEPENDENT CONTRACTOR In performing the services hereunder, SafeHaven 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a period beginning January 1, 2011 and ending September 30, 2013. This agreement may be renewed for up to three successive three -year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. 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 SafeHaven ceases to provide services under this agreement, SafeHaven shall return to the City any unexpended funds paid pursuant to this Agreement. SECTION 9 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. Community Services Agreement with SafeHaven of Tarrant County Approved by City Council (date) Page 4 of 7 SECTION 10 CITY OF SOUTHLAKE — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. SafeHaven, its mission and the services outlined on page 1 of the agreement, link to the City's strategy through the following strategic objectives: • C1 Achieve the highest standards of safety and security • B2 Collaborate with select partners to implement services solutions • B4 Provide high quality customer service SECTION 11 CITY OF SOUTHLAKE VALUES The City 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. • 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 11 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. Community Services Agreement with SafeHaven of Tarrant County Approved by City Council (date) Page 5 of 7 SECTON 12 MISCELLANEOUS 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 SafeHaven have executed this Agreement as of this day of ' 201 — . Mayor, City of Southlake Executive Director, SafeHaven of Tarrant County Approved as to form and legality: Attorney at Law Community Services Agreement with SafeHaven of Tarrant County Approved by City Council (date) Page 6 of 7 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SAFEHAVEN OF TARRANT COUNTY I_1»4►111K SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, SafeHaven shall provide the following services: 1. SafeHaven staff contact person to serve as a liaison between SafeHaven and the City: a. Name: b. Title: c. Phone: d. Email Address: 2. Emergency services consisting of shelter, clothing, food, and transitional housing for victims of family violence. 3. Crisis intervention at area hospital emergency rooms. 4. Staff and provide a 24 -hour crisis Hot Line. 5. Support services consisting of parenting education, case management, group and individual counseling. 6. Prevention services consisting of community education and training to organizations, professional groups, adolescents, and children. 7. Legal advocacy including but not limited to attorney services, protective order procurement, court accompaniment, crime victims compensation applications. 8. Transportation across cities to shelter, court, and other service locations. 9. 24 -hour crisis response to Southlake Police Department. B. In addition to payment described in Section 4 of this agreement, City shall: 1. Provide a staff contact person to serve as a liaison between City and SafeHaven. The City liaison shall be apprised by SafeHaven of all SafeHaven board meetings, SafeHaven shall forward a copy of the Community Services Agreement with SafeHaven of Tarrant County Approved by City Council (date) Page 7 of 7 agenda, and the City liaison may participate with the SafeHaven board at all scheduled meetings. a. Name: Mike Bedrich b. Title: Community Initiatives Supervisor c. Phone: (817) 748 -8137 d. Email Address: mbedrich(cDci.southlake.tx.us 2. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website 3. Consider posting information contained in press releases on www.MySouthlakeNews.com and /or www.CitvofSouthlake.com Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by . SafeHaven. Such use is subject to review and approval by the City's Community Relations Officer. 6. Provide at no cost to SafeHaven in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to SafeHaven business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating SafeHaven's performance pursuant to Section 8 of this agreement, the City will determine whether SafeHaven has met the following performance measures: 1. SafeHaven shall provide an annual written report to the City. This report shall include: a disclosure of Safehaven of Tarrant County financial status, operations conducted during the preceding year, planned future operations, and any other information agreed to by both SafeHaven and the City. AGREEMENT BETWEEN CITY OF SOUTHLAKE AND THE SOUTHLAKE DPS CITIZENS ASSOCIATION STATE OF TEXAS § 1 2 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 The Southlake DPS Citizens Association, a non - profit corporation of Texas, acting by and through its duly authorized President (hereinafter referred to as "SDCA "), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of SDCA is to serve the Southlake DPS and the citizens of Southlake to promote public safety and crime prevention; and WHEREAS, City and SDCA desire to enter into a Renewal Agreement whereby SDCA will continue to provide for the hosting and attendance of regular training sessions, fund raising, and volunteer support of DPS activities; NOW, THEREFORE, City and SDCA, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. SDCA shall provide the services as outlined in the attached Appendix, Section A. B. City shall provide services as outlined in the attached Appendix, Section A. SECTION 2 CITY AND SDCA STAFF CONTACTS A. SDCA and the City shall both provide staff liaison's as outlined in the attached Appendix, Section A. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 2 of 12 SECTION 3 GOVERNANCE A. SDCA 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 SDCA board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support the SDCA's promotion of Southlake DPS rather than provide such service, City agrees to furnish equipment, fuel, uniforms and training to the members of SDCA. SECTION 5 REPORTING A. SDCA shall generate and provide to Lt. Mike Bedrich of the City, Quarterly reports regarding the performance measures outlined in the attached Appendix, Section B. SECTION 6 INSURANCE AND INDEMNIFICATION A. SDCA 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 SDCA, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. SDCA 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. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 3 of 12 SECTION 7 INDEPENDENT CONTRACTOR In performing the services hereunder, SDCA 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 8 TERM OF AGREEMENT AND REVIEW OF PERFORMANCE 1. The term of this agreement shall be for a period beginning October 1 st, 2010 and ending September 30th, 2011. This agreement may be renewed for up to three successive one -year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties. 2. At the end of the term, the City will undertake an annual review of the performance based upon performance and quality measures outlined in the attached Appendix, Section B. 3. Notwithstanding any provision herein to the contrary, either party may terminate this Agreement upon 30 days written notice to the other. SECTION 9 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 10 CITY OF SOUTHLAKE — STRATEGIC LINK The City has adopted a Strategic Management System to improve the organization's ability to define and execute its strategy. Effective strategic management systems provide the mechanism to link the mission, strategy, department goals, citizen perceptions, and service delivery efforts in a continuous feedback loop. SDCA, its mission and the services outlined in the Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 4 of 12 attached Appendix, Section C, link to the City's strategy through the following strategic objectives: • Partnerships and Volunteerism • Performance Management and Service Delivery • High Standard of Safety and Security SECTION 11 CITY OF SOUTHLAKE VALUES The City 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. • 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 11 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. SECTON 12 MISCELLANEOUS 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. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 5 of 12 IN WITNESS WHEREOF the City and SDCA have executed this Agreement as of this day of , 201_ Mayor, City of Southlake President, Southlake DPS Citizens Association Approved as to form and legality: Attorney at Law Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 6 of 12 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND THE SOUTHLAKE DPS CITIZENS ASSOCIATION APPENDIX SECTION A SCOPE OF SERVICES A. In return for tangible items and training described in Section 4 of this Agreement, SDCA shall provide the following services: 1. SDCA staff contact person to serve as a liaison between the SDCA and the City: a. Name: b. Title: c. Phone: d. Email Address: 2. Contact entities who may be interested in sponsorship opportunities at Safety Town. Particular interest and preference will be given to potential sponsors operating within the City of Southlake. 3. Ensure that those entities which agree to sponsor Safety Town enter into a Sponsorship Agreement containing the same terms as the Agreement attached hereto as Attachment A, or similar terms agreed to in advance by the City. 4. Monitor compliance by sponsors with all terms of the Sponsorship Agreements. 5. Disburse all moneys collected pursuant to Sponsorship Agreements to the City for use in the construction and /or maintenance of Safety Town. 6. Prepare, submit, and present requests for matching funds to the appropriate Boards, based on the sponsorship amounts raised. 7. Terminate any Sponsorship Agreement in accordance with its terms when requested to do so by the City. 8. Provide a Fire Rehab group consisting of an adequate number of SDCA members available for response to emergency scenes and training events when contacted by the Department. Those members operating the Fire Rehab vehicle must be trained and sanctioned by the Chief of Fire Services, or his designee. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 7 of 12 9. Provide approved striping or decaling of the Fire Rehab vehicle in a manner approved by the Chief of Fire Services at the sole cost of the SDCA. 10. Provide a Cops patrol group consisting of an adequate number of SDCA members available for routine patrols and training events when contacted by the Department. Those members operating the Cops unit must be trained and sanctioned by the Chief of Police Services, or his designee. 11. Provide a VIPs (Volunteer in Public Safety) group consisting of an adequate number of SDCA members available for normal clerical responsibilities and training events when contacted by the Department. Those members participating in the VIPs program must be trained and sanctioned by the Chief of the Services area impacted or his designee. B. In addition to tangible items and training described in Section 4 of this agreement, CITY shall: 1. Provide a staff contact person to serve as a liaison between City and SDCA. The City liaison shall be appraised by SDCA of all SDCA board meetings, SDCA shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the SDCA board at all scheduled meetings. a. Michael Bedrich b. Lieutenant c. 817- 748 -8137 d. mbedrich(a)ci.southlake.tx.us 2. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website; and b. Other SDCA events and programs throughout the year. 3. Consider posting information contained in press releases on www.MySouthlakeNews.com and /or www.CitvofSouthlake.com Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by SDCA. Such use is subject to review and approval by the City's Community Relations Officer. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 8 of 12 6. Provide at no cost to SDCA in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to SDCA business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. In evaluating SDCA's performance pursuant to Section 8 of this agreement, the City will determine whether SDCA has met the following performance measures: 1. SDCA will provide to the City of Southlake Rehab service on major fire calls and other large incidents. Measureable Objective: Rehab will have 90% average arrival time of thirty minutes or less. 2. SDCA will provide Volunteers to staff Fire Assistants office and other clerical duties as needed. Measureable Objective: "Volunteers in Public Safety" will staff 75% of the time requested. 3. SDCA will provide cops volunteers as needed or requested. Measureable Objective: Cops volunteers will perform a minimum of four (4) tours per month. 4. SDCA will provide CERT volunteers for Continuing Education and call out in emergency situations. Measureable Objective: All active cert volunteers will participate in a minimum of one training per calendar year. 5. SDCA along with the Department of Public Safety will provide current, relevant and continuous training to all volunteers. Measureable Objective: All volunteers will attend a minimum of six training sessions per calendar year. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 9 of 12 SECTION C Southlake DPS Citizen's Association Mission and Goal Statement The Southlake DPS Citizens Association seeks to improve the relations between the citizens of Southlake and the Department of Public Safety. The Association members are those citizens who have attended and graduated from the DPS Citizens Academy. Area citizens attend the 12 -week Academy to learn about the Fire and Police operations of the city. Additional activities are also scheduled during each Academy session, such as a trip to a local firing range for a weapons demonstration. Each class member is also required to complete ride -a -long sessions with fire, police, and operations officers. The goal of the SDCA as a non - profit corporation will be to serve the Southlake DPS and the citizens of Southlake to promote public safety and crime prevention. Examples of the SDCA's work will include hosting and attending regular training sessions, fund raising, and volunteer support of DPS activities. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 10 of 12 ATTACHMENT "A" "SAFETY TOWN" SPONSORSHIP AGREEMENT STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT Association (SDCA), made and entered into this day of 2008, by and between the Southlake DPS Citizens a non - profit organization, and hereinafter called the "Sponsor." WHEREAS, The City of Southlake (hereinafter referred to as "City ") is actively seeking to construct a Safety Town facility in Bicentennial Park; and WHEREAS, the purpose of Safety Town is to promote safe practices for children within the community through educational programs and interactive facilities; and WHEREAS, the SDCA desires to support the City's efforts in constructing Safety Town by promoting sponsorship opportunities at Safety Town; and WHEREAS, the Sponsor wishes to contract with SDCA for the right to be a sponsor of the Safety Town; NOW, THEREFORE, in consideration of the promises, terms and conditions set for the below, the parties hereby agree as follows: 1.0 TERM OF AGREEMENT 1.1 The term of the Sponsorship shall begin when the Sponsorship fee is paid in full to SDCA. 1.2 The Sponsorship term ends as delineated on the attached "Exhibit A" and is dependant upon the sponsorship opportunity entered into unless this Agreement is terminated according to the terms listed in Section 6.0 of this Agreement. 1.3 The Sponsor shall have right of first refusal to renew this sponsorship Agreement at the expiration of this Agreement unless the Agreement is terminated as provided in Section 6.0 of this Agreement. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 11 of 12 2.0 SPONSORSHIP FEE 2.1 In consideration of the grant of the sponsorship rights under this Agreement, the Sponsor shall pay to SDCA the sponsorship fee referred to in "Exhibit A" 3.0 SPONSOR RIGHTS /RESPONSIBILITIES 3.1 Sponsor shall have the right to use the image of Safety Town and the component it is sponsoring for promotional and /or advertising purposes during the Term of this Agreement. If this Agreement is terminated pursuant to Section 6.0 herein, the right to use the image of Safety Town and the component sponsored shall immediately cease. 3.2 Sponsor acknowledges that by accepting this sponsorship neither the SDCA, nor the City Southlake is endorsing the Sponsor's products, services or business activities. 3.3 Sponsor represents and warrants that it is free to enter into this Sponsorship Agreement without violating the rights of any third party, and that its advertising does not infringe the copyrights, trademarks, patents, or any other intellectual property and /or proprietary rights of any third party. 4.0 SCDA RIGHTS /RESPONSIBILITIES 4.1 The SDCA grants the Sponsor the sponsorship benefits set out in Attachment A for the term of this Agreement. 4.2 The SDCA and the City shall recognize the Sponsor's sponsorship in a manner acceptable to the City in advertising and promotional material produced, published, broadcast, displayed or exhibited by the SDCA or the City with respect to Safety Town. 4.3 Sponsor agrees that the SDCA and the City's right to use Sponsor's name shall survive the termination of this Agreement as to any advertising or promotional material already in existence at the time of the termination. 5.0 INDEPENDENT CONTRACTOR 5.1 The SDCA and the Sponsor shall act as, and shall be independent contractors in all aspects of this Agreement. Sponsor shall not be deemed an employee, agent or partner of the City or SDCA. Community Services Agreement with The Southlake DPS Citizens Association Approved by City Council January 18, 2011 Page 12 of 12 Neither party shall have the authority to make binding representations on behalf of the other 6.0 TERMINATION OF CONTRACT Cancellation by Notice. Either party may terminate this Agreement at any time for any reason with a thirty (30) days written notice. Upon termination, SDCA shall make a pro rata refund for the amount of time left on the term of the Agreement. IN WITNESS THEREOF, two (2) identical counterparts of this Agreement, each of which shall be deemed an original thereof, have been duly executed by the parties herein named, on the day and year first above written. SPONSOR SDCA By: By: Print Name Title Print Name Title BUSINESS NAME ADDRESS PHONE Date of full receipt of payment