Item 10BCity of Southlake, Texas
MEMORANDUM
July 10, 2003
TO: Billy Campbell, City Manager
FROM: Malcolm Jackson, Director of Community Services
SUBJECT: Consideration of Scope of Services Agreement with Call A Ride
Southlake, Inc.
Action Requested: City Council consideration of scope of services agreement with Call A
Ride Southlake, Inc. (CARS)
Background
Information: CARS is a non - profit organization founded in 1999 to provide
transportation services to seniors and the disabled within Southlake.
CARS currently operates under a volunteer Board of Directors with
two part-time office staff members, and approximately 48 volunteer
drivers. CARS utilizes a handicap accessible van and the personal
vehicles of volunteers to provide on average over 140 one -way rides
per month to seniors and the disabled in Southlake. The CARS service
area is a seven -mile radius for regular rides such as shopping trips,
banking, and senior center visits, and a twenty -five mile radius for
medical and dental appointments.
The minimal annual cost to operate CARS is $20,000. This provides
for staff costs (part- time), fuel, insurance, and maintenance of the van.
Office space is provided to CARS at the DPS East facility by the City
at no cost. Funding for CARS is acquired annually through donations
from individuals, the Southlake Newcomers Club, Southlake Women's
Club, as well as grants, annual fundraisers, the United Way, and scope
of services agreement with the City of Southlake.
During recent staff discussions regarding senior transportation issues, it
was confirmed that a scope of services agreement is not currently in
place between the City and CARS. State law prohibits funding to non-
profit organizations absent a scope of services agreement. Staff has
prepared a draft scope of services agreement based on the previous year
agreement with no substantive changes apart from the reduction in
funding from $15,000 in fiscal year 2001 -02 to $5,000 in fiscal year
2002 -03.
Financial
Considerations: CARS has requested $5,000 to be paid for services rendered to the
senior and disabled population of the community. The approved FY
2002 -2003 Community Services division budget has allocated a total of
$32,500 to be available for a wide range of community services.
Funding for the amount requested is available within the current
budget.
Billy Campbell, City Manager
July 10, 2003
Page 2
Financial
Impact:
Citizen Input/
Board Review:
The proposed amount of $5,000 for CARS. is currently available within
the budgeted amount for Community Service's agreements. Any
substantial change in funding may result either positively or negatively
on the overall balance of the budget line item.
Staff reviewed the draft scope of services agreement and provided a
copy to Mr. Steve Lakin, Chairman of the Board of Directors for
CARS, on July 18, 2003.
Legal Review: The City Attorney reviewed the previously approved FY 2001 -02 scope
of services agreement with CARS and the proposed agreement for FY
2002 -03 contains no substantial changes (excluding the change in the
amount funded). There has been no additional legal reviews conducted
at this time.
Alternatives: City Council may approve funding for CARS as presented, deny
funding, or modify the funding level or terms and conditions.
Supporting
Documents: Supporting documents include the proposed Scope of Services
Agreement with CARS.
Staff
Recommendations: City Council consideration of scope of services agreement with Call A
Ride Southlake, Inc.
AGREEMENT BETWEEN
Billy Campbell, City Manager
July 10, 2003
Page 2
CITY OF SOUTHLAKE AND
CALL A RIDE OF SOUTHLAKE, INC.
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home
rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and
through its duly authorized Mayor (hereinafter referred to as "City "), and Call A Ride of Southlake,
Inc., a non - profit corporation of Texas, acting by and through its duly authorized Chairman
(hereinafter referred to as "CARS "), an organization exempt from taxation under Section 501(c)3 of
the Internal Revenue Code.
WHEREAS, the mission of CARS is to provide non - emergency transportation to senior
citizens and disabled adult persons ( "qualified persons "); and
WHEREAS, City and CARS desire to enter into a Renewal Agreement whereby CARS will
continue to provide free non - emergency transportation to qualified residents of the Southlake
Community;
NOW, THEREFORE, KNOWN BY ALL THESE PRESENT: That City and CARS, in
consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as
follows:
SECTION 1
SCOPE OF SERVICES
A. CARS shall provide the following services:
(1) Free on -call transportation for qualified persons of the City as follows:
(a) Disabled adult individuals and senior citizens (over the age of 55 years) and,
(b) Who are residents of Southlake, and
(c) whose physical condition permits them to be transported by the drivers in the
vehicles available, including an Activan with ramp for wheelchairs and motor
chairs.
(2) CARS will provide transportation to the persons identified in Section A. (1) above:
(a) to and from non - emergency medical appointments, dental appointments, and
health care providers located within a 25 mile radius of the Southlake Senior
Activity Center;
(b) for personal need, including necessary essentials, i.e., to and from the grocery
store, drug store, bank, personal grooming, social activities, etc., located within
a seven (7) mile radius of the Southlake Senior Activity Center.
(3) CARS shall not be obligated to transport disabled individuals for whom CARS is
unable to provide safe transportation.
(4) CARS shall operate solely in accordance with its bylaws as follows:
Billy Campbell, City Manager
July 10, 2003
Page 2
(a) Volunteer drivers who use their own vehicles shall provide the transportation
services. CARS shall recruit, qualify, and train these drivers.
(b) CARS drivers shall also use the ramp equipped minivan, owned by CARS,
when necessary to transport wheelchair or power chair bound individuals or
when a suitable volunteer owned vehicle is not available.
(c) Transportation services will be provided Monday through Friday during the
hours between 8:00 AM and 5:00 PM, or by special arrangement.
(d) Transportation normally will be scheduled at least 24 hours prior to departure.
(5) CARS will maintain detailed records of qualified persons served, trip destinations and
mileage driven, driver and other qualifications, revenues received, and cost and
expenses incurred.
B. CITY shall provide the following:
(1) City agrees to publicize and encourage use of the services of CARS within selected
current City mailings, on the City's Cable Television Channel and other means at the
discretion of the City.
(2) City shall name a staff contact person to serve as a liaison between City and CARS.
(3) $750 for an insurance premium to have the City named as an additional insured on
CARS automobile liability insurance coverage.
SECTION 2
GOVERNANCE
A. CARS shall be solely governed by its board of directors, who shall meet in accordance with
the bylaws. The time, date, place and agenda of these board meetings shall be the
responsibility of CARS.
SECTION 3
PAYMENT FOR SERVICES
In recognition that the City elected to support the CARS transportation program rather than
provide such service as a City owned community transportation service, and that CARS has
successfully completed three years of operations, having commenced transporting qualified users in
January 2000 as promised, City agrees to a 4 th year stipend to be paid to CARS in the amount of
$5,000.
Billy Campbell, City Manager
July 10, 2003
Page 2
Payment by the City shall be applied towards the costs of the following:
• Supplies and printing costs associated with promotion of CARS service to Southlake residents.
• Telephone and other utilities associated with dispatching volunteer drivers.
• Rent of office space from which to coordinate operations of CARS.
• Maintenance and operations expenses, and insurance costs necessary for operating the ramp
equipped Activan.
• Personnel expenses.
• Other operational costs.
SECTION 4
REPORTING
A. CARS shall generate and provide to the City monthly reports which shall include ridership
information showing the number of riders and the types of trips. CARS shall also provide, as
requested, expenditure records related to operating expenses, i.e., rent, telephone, utilities,
printing and supplies, insurance and personnel expenses. City liaison shall have access to
CARS operational records and all budget reports, during CARS normal business hours.
B. CARS shall provide the City information, if requested, necessary for the City to conduct a
performance evaluation including, but not limited to the following:
(1) Ridership audits;
a) On -time analysis;
b) user surveys.
SECTION 5
INSURANCE AND INDEMNIFICATION
A. CARS shall provide City proof of automobile liability insurance coverage with minimum
limits of $250,000/$500,000, with City as an additional named insured
B. CARS AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND /OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
(INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES
OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT ACT OR OMISSION OF CARS, ITS OFFICERS, EMPLOYEES AND
AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.
CARS SHALL NOT BE REQUIRED TO INDEMNIFY THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES FOR ANY DAMAGES OR LIABILITY FOUND BY A
COURT TO HAVE ARISEN FROM THE NEGLIGENT ACT OR OMISSION OF
THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES, EXCEPT TO THE
EXTENT OF ANY APPLICABLE INSURANCE COVERAGES.
Billy Campbell, City Manager
July 10, 2003
Page 2
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, CARS is acting as an independent contractor, and City
shall have no power to direct or supervise its activities in carrying out its responsibilities under this
Agreement.
SECTION 7
TERM OF AGREEMENT
This Agreement shall be in full force and effect from the date signed through September 30,
2003. Notwithstanding any provision herein to the contrary, either party may terminate this
Agreement upon 45 days written notice to the other. Upon termination, or if CARS ceases to provide
transportation services, CARS shall return to the City any unexpended funds paid pursuant to this
Agreement.
This Agreement sets forth all the agreements between the parties and no modification shall be
effective unless reduced to writing and signed by the party to be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF the City and CARS have executed this Agreement as of this day
of 2003.
CALL A RIDE OF SOUTBLAKE
0
Steve Lakin, Chairman
ATTEST:
Notary Public in and for the State of
Texas
CITY OF SOUTHL,AKE
C
Andy Wambsganss, Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Commission Expires:
Type/Printed Name of Notary Public