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Item 4C-4D-4ECITY OF SOUTHLAKE MEMORANDUM September 10, 2013 TO: Shana Yelverton, City Manager Items 4C-4D-4E FROM: Kari Happold, Deputy Director of Community Services SUBJECT: Approve Community Services Agreements with Metroport Meals On Wheels, Grapevine Relief and Community Exchange, and SafeHaven of Tarrant County for a period beginning October 1, 2013 and ending September 30, 2016 Action Requested: City Council approval of Community Services Agreements with Metroport Meals On Wheels (MMOW), Grapevine Relief and Community Exchange (GRACE), and SafeHaven of Tarrant County Background Information: The City has chosen to work with these area non-profit organizations to provide important social, educational, economic and cultural programs and services to the Southlake community. 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. The agreements presented for the Council's consideration have been standardized and the scope of services required by both the organizations and the City are clarified. These agreements are for a period of three years, October 1, 2013 through September 30, 2016. 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 proposed FY 2014 annual budget, and will also be included in subsequent budget proposals as required City of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Items 4C-4D-4E Shana Yelverton, City Manager City Council Meeting Date — September 17, 2013 Page 2 of 3 by the term for each agreement. The total amount allocated for these proposed agreements for FY 2014 is $21,750, which represents no change from the previously approved agreements. The funding for each agreement is broken down as follows: Metroport Meals On Wheels $15,750 Grapevine Relief and Community Exchange 5,000 SafeHaven of Tarrant County 1,000 $ 21,750 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 Collaborate with Select Partners to Implement Service Solutions, Enhance the Sense of Community by Providing Excellent Customer Service and Citizen Engagement Opportunities, Achieve the Highest Standards of Safety and Security; and Promote Opportunities for Partnerships and Volunteer Involvement. The Agreements also touch on Critical Business Outcome CB05 — Optimize resources through collaboration and partnerships to reduce costs and add service value. Citizen Input/ Board Review: Senior Advisory Commission (SAC) recommended (7-0) at their September 10, 2013 meeting to approve the Metroport Meals On Wheels Community Services Agreement with recommended funding of $15,750 for MMOW. Each organization has reviewed and approved their respective agreement as presented. City Council consideration September 17, 2013. 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 of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Items 4C-4D-4E Shana Yelverton, City Manager City Council Meeting Date — September 17, 2013 Page 3 of 3 • 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: Proposed Community Services Agreements for: • Metroport Meals On Wheels • Grapevine Relief and Community Exchange • SafeHaven of Tarrant County Staff Recommendation: City Council approval of Community Services Agreements with Call A Ride Southlake, Metroport Meals On Wheels, Grapevine Relief and Community Exchange, and SafeHaven of Tarrant County as presented. City of Southlake Values. Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4C - 1 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS 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 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 MMOW and the City shall both provide staff liaisons as outlined in the attached Appendix, Section A. and Section B. Item 4C - 2 Community Services Agreement with Metroport Meals on Wheels City Council Meeting — September 17, 2013 Page 2 of 8 SECTION 3 GOVERNANCE 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. Payment 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 the 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 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 COURT TO HAVE ARISEN FROM THE NEGLIGENT ACT OR OMISSION OF THE CITY, ITS OFFICERS, Item 4C - 3 Community Services Agreement with Metroport Meals on Wheels City Council Meeting — September 17, 2013 Page 3 of 8 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 A. The term of this agreement shall be for a three year period beginning October 1, 2013 and ending September 30, 2016. 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. B. 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. C. 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 services under this agreement, 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. Item 4C - 4 Community Services Agreement with Metroport Meals on Wheels City Council Meeting — September 17, 2013 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 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 • C5 Promote opportunities for partnerships and volunteer involvement • C6 Enhance the sense of community by providing excellent customer service and citizen engagement opportunities 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. Item 4C - 5 Community Services Agreement with Metroport Meals on Wheels City Council Meeting — September 17, 2013 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_ John Terrell Mayor, City of Southlake Mary King Executive Director Metroport Meals On Wheels Attest: Alicia Richardson, TRMC City Secretary Approved as to form and legality: City Attorney Item 4C - 6 Community Services Agreement with Metroport Meals on Wheels City Council Meeting — September 17, 2013 Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND METROPORT MEALS ON WHEELS 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: Mary King b. Title: Executive Director c. Phone: 817.491.1141,ext. 22 d. Email Address: marykinq(o)metroportmow.orq 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: Item 4C - 7 Community Services Agreement with Metroport Meals on Wheels City Council Meeting — September 17, 2013 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 prior to the meeting, and the City liaison may participate with the MMOW board at all scheduled meetings. a. Name: Soheila Phelps b. Title: Senior Services Coordinator c. Phone: 817.748.8398 d. Email Address: smashatphelps(o)ci.south lake.tx.us 2. Provide a presence on the www.CitvofSouthlake.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 Communication and Websites Manager. 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. 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 Item 4C - 8 Community Services Agreement with Metroport Meals on Wheels City Council Meeting — September 17, 2013 Page 8 of 8 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. Item 4D - 1 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND GRAPEVINE RELIEF AND COMMUNITY EXCHANGE 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 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 GRACE and the City shall both provide staff liaisons as outlined in the attached Appendix, Section A and Section B. Item 4D - 2 Community Services Agreement with Grapevine Relief and Community Exchange City Council Meeting — September 17, 2013 Page 2 of 7 SECTION 3 GOVERNANCE 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. Payment 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 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 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, Item 4D - 3 Community Services Agreement with Grapevine Relief and Community Exchange City Council Meeting — September 17, 2013 Page 3 of 7 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 A. The term of this agreement shall be for a period beginning October 1, 2013 and ending September 30, 2016. 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. B. 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. C. 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 services under this agreement, 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. Item 4D - 4 Community Services Agreement with Grapevine Relief and Community Exchange City Council Meeting — September 17, 2013 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. 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 • C6 Enhance the sense of community by providing excellent customer service and citizen engagement opportunities • B2 Collaborate with select partners to implement service solutions 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. Item 4D - 5 Community Services Agreement with Grapevine Relief and Community Exchange City Council Meeting — September 17, 2013 Page 5 of 7 SECTION 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 Shonda Schaefer Executive Director Grapevine Relief and Community Exchange Attest: Alicia Richardson, TRMC City Secretary Approved as to form and legality: City Attorney Item 4D - 6 Community Services Agreement with Grapevine Relief and Community Exchange City Council Meeting — September 17, 2013 Page 6 of 7 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: Shonda Schaefer b. Title: Executive Director c. Phone: 817.305.4651 d. Email Address: development(a)gracegrapevine.org 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 and TOUCH OF GRACE resale shops. 11. Medical attention for uninsured residents at community clinic. Item 4D - 7 Community Services Agreement with Grapevine Relief and Community Exchange City Council Meeting — September 17, 2013 Page 7 of 7 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 prior to the meeting, 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: m bed rich (a)-ci. south lake.tx. us 2. Provide a presence on the www.CitvofSouthlake.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 Communication and Websites Manager. 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: 1. 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. Item 4E - 1 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SAFEHAVEN OF TARRANT COUNTY 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 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 desire 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 SafeHaven and the City shall both provide staff liaisons as outlined in the attached Appendix, Section A and Section B. Item 4E - 2 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting —September 17, 2013 Page 2 of 7 SECTION 3 GOVERNANCE 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. Payment 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 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 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, Item 4E - 3 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting —September 17, 2013 Page 3 of 7 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 A. The term of this agreement shall be for a three year period beginning October 1, 2013 and ending September 30, 2016. 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. B. 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. C. 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. Item 4E - 4 Community Services Agreement with Safe Haven of Tarrant County City Council Meeting —September 17, 2013 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 • C6 Enhance the sense of community by providing excellent customer service and citizen engagement opportunities • B2 Collaborate with select partners to implement services solutions 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. Item 4E - 5 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting —September 17, 2013 Page 5 of 7 SECTION 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 Mary Lee Hafley President & CEO SafeHaven of Tarrant County Attest: Alicia Richardson, TRMC City Secretary Approved as to form and legality: City Attorney Item 4E - 6 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting — September 17, 2013 Page 6 of 7 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SAFEHAVEN OF TARRANT COUNTY APPENDIX 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: Mary Lee Hafley b. Title: Executive Director c. Phone: 817.535.6462 d. Email Address: mlhafley(a)-safehaventc.org 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 victim's 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 Item 4E - 7 Community Services Agreement with SafeHaven of Tarrant County City Council Meeting — September 17, 2013 Page 7 of 7 agenda prior to the meeting, 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: m bed rich(a)-ci. south lake.tx. us 2. Provide a presence on the www.CitvofSouthlake.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 Communication and Websites Manager. 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.