HomeMy WebLinkAbout12-10-01 TC packet material Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Trent Petty, Town Manager
Subject: Regular Meeting of December 10, 2001
Date: December 5, 2001
ITEM
Resolution amending the budget on the following:
1. DPS allocation of 2000/2001 budget shortfall;
2. Joint Municipal Court advance funds amendment;
3. Security and Technology Fund line items under the Municipal Court Line
item;
RECOMMENDATIONS
Staff recommends amendments.
BACKGROUND
1. According to the original DPS contract, with revenues being taken off the top of
the allocation process, any shortfall in revenues or overages in the DPS budget
would be allocated to the three entities based on that current year's allocation
process. Westlake's portion of those overages and shortfalls, recommended by
the DPS board to be approved are $90,695.
2. The Municipal Court for the first quarter of 2001/2002 budget(October through
December 2001) was operated jointly with the Trophy Club Court since `
Westlake's Court of Record does not begin operations until January 1, 2002. This
cost was original estimated and amended by the Board at $54,805.50, however,
further investigation proved that this number should be $27,402.75; half of what it
was original amended for. This amount has not yet been paid.
3. The Westlake Municipal Court Security Fund and Technology Fund were, by
ordinance controlled by this Board of Alderman, however, administered by the
past Court Clerk of the Joint Courts. Since a Court of Record has been
established for Westlake and a new Court Clerk appointed, the funds for those
two accounts need to be transferred to Westlake Administration. Approval would
transfer$19,044 in Court Security monies to the Westlake Administration and
$23,461.52 in the Court Technology Fund.
DPS First Quarter Westlake payment for 2001/2002 budget
recalculated
Expenses as of 12-10-2001
per budget from TC Finance Dept.
Allocation` Total
EMS $71,008.79 0.3934 $27,934.86
PD $209,947.94 0.3934 $82,59152
CE $10,047.26 0.5 $5,023.63 Based on agreed 50/50 split of first quarter
Admin $50,906.14 0.3934 $20,026.48
Fire $155,147.54 0.1707 $26,483.69
Court $20,869.33 0.5 $10,434.67 Based on agreed 50/50 split of first quarter court costs.
$517,927.00 $172,496-83
`Allocation based on DPS approved budget of Ag exemptions,budget reductions
and no court costs as approved on Sept 25,2001.
$172,496.83
® $82,372.75
$90,124.08
Revenues collected by Trophy Club as of 12-05-2001 Corrected first quarter payment required
as provided by TC Court Administrator
Oct-01 $28,008.75
Nov-01 $33,869.50 $97,295.45
Dec-01 $14,699.50 Actual first quarter payment made
Additional Dec-01 Rev $5,795.00
$82,37275
$7,171.37
Westlake's First Quarter overpayment
TO',;VN OF WESTLAKE
RESOLUTION NO. 01-44
A RESOLUTION OF THE 110. OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, TER ?41NATING THE INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB AND THE TOWN OF WESTLAKE
FOR EMPLOYEE SERVICES.
WHEREAS, the Town of Westlake and the Town of Trophy Club entered into
an interlocal agreement on February 19, 2001 for employee service s, and;
WHEREAS, the need for;!he agreement has been negated as a result of the
adoption of the FY 200112002 Towq of Westlake budget, and;
WHEREAS, the Town o Westlake extends it's appreciation to the Town of
Trophy Club for provision of these 'Umportant employee benefits over the last 8 months,
and;
WHEREAS,the contract t(,-:rm is for one year, renewable up to ten years and the
termination notice is established to !)e six months notice by either r arty, and;
WHEREAS,the Town Attorney of the Town of Trophy C_ub has indicated an
early termination of the agreement i s amenable to the Town of Trophy Club,
NOW THEREFORE, BE IT RESSOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the municipal employee interlocal agreement with the Town of
Trophy Club is terminated effective November 1, 2001.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON T`41S 22nd DAY OF OCTOBER, 2001.
ATTEST: Scott Bradley, Mayor
Ginger Crosswy, Town Secretary Trent O. Petty, Tow,a:Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
INTERLOCAL AGREEMENT BETWEEN
THE TOWN OF TROPHY CLUB AND THE TOWN OF WESTLAKE
FOR EMPLOYEE SERVICES
This Interlocal Agreement ("Agreement") is made this the I9`h day of February,
2001, by and between the Town of Trophy Club, a general law municipal corporation
located in Tarrant and Denton County, Texas ("Trophy Club") and the Town of
Westlake, a general law municipal corporation located in Tarrant and Denton County,
Texas ("Westlake").
WHEREAS, Westlake is in need of employee services normally provided by
regular full-time employees of municipalities in the State of Texas; and
WHEREAS, Westlake desires to employ the services of two employees and
possibly, from time to time, additional municipal employees ("Employees") to perform
the usual and customary duties as from time to time directed by the Westlake Town
Manager or Board of Aldermen; and
WHEREAS, the employment by Trophy Club of the Employees will allow for
retirement and health benefits and, at the same time, reduce Westlake's costs of providing
these benefits to the Employees; and
WHEREAS, the employment by Trophy Club of the Employees to provide
employee services to Westlake pursuant to the terms of this Agreement would facilitate
Westlake acquiring and retaining quality municipal employees; and
WHEREAS, Trophy Club has a direct interest in providing employee services to
Westlake because of existing Interlocal agreements between Westlake and Trophy Club
which provide for the sharing of services, and because of the proximity of Trophy Club
and Westlake; and
WHEREAS, Texas Government Code, Chapter 791, authorizes municipalities to
contract with one another for the performance of govermnental functions and services
under the terms of the Act; and
WHEREAS, Trophy Club and Westlake desire to enter into this Agreement
wherein Trophy Club will hire the Employees to provide employee services to Westlake
pursuant to the terms of the Agreement; and
N,WIEREAS, the parties agree that any and alI payments made in connection with
the governmentat functions provided for by this Agreement shall be made from current
revenues available to the paying party and that the payments received are adequate and
fairly compensate the parties for the services performed; and
WHEREAS, a valid governmental purpose is served by the use of employees
provided for under this Agreement; and
WHEREAS, it is deemed to be in the best interests of Westlake and Trophy Club
to enter into this Agreement.
NOW, THEREFORE, Westlake and Trophy Club, for the mutual consideration
hereinafter stated, agree and understand as follows:
SECTION I.
INCORPORATION OF PREAMBLES
All matters and recitations stated in the preamble of this Agreement are true and
correct and are hereby incorporated by reference into the provisions of this Agreement
for all purposes.
SECTION II.
BACKGROUND AND PURPOSE
2A Westlake and Trophy Club each perform certain governmental services or
functions within their respective jurisdictions utilizing their own employees to
perform those services and functions. Westlake and Trophy Club desire to enter
into this Agreement to provide for the Employees to become employees of
Trophy Club so that compensation, benefits, and personnel policies may be
administered more efficiently, effectively, and economically.
22 As of the effective date of this Agreement, the Employees shall become
employees of Trophy Club, with Trophy Club responsible on and after the
effective date for all compensation and benefits for such Employee, provided,
however that Westlake shall compensate Trophy Club in accordance with the
terms of this agreement. As of the effective date of this Agreement, Employees
shall be subject to the personnel policies of Trophy Club.
2.3 From time to time Westlake may request in writing that Trophy Club hire
additional Employees in order to provide services to Westlake. Prior to making
such request, Westlake shall have received Westlake Council approval and have
available funds budgeted for such positions. Further, the Town Manager for
Westlake may request in writing that Employees be terminated from employment
based upon and consistent with Trophy Club personnel policies. All decisions to
hire additional employees or to terminate existing employees shall be within the
sole discretion of Trophy Club based upon its personnel policies and such other
considerations deemed appropriate by Trophy Club. Consent by Trophy Club
shall not be unreasonably witl-lield or delayed_
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SECTION III.
EMPLOYMENT
3.1 Independent Contractor Relationship. This Agreement is intended to provide
for the furnishing of employment services by Trophy Club as a contractor for
Westlake. Both Westlake and Trophy Club covenant and agree that each is an
independent contractor and not an officer, agent, servant or employee of the other;
and that each shall be responsible for the acts and omissions of its respective
officers, agents, employees, contractors, subcontractors and consultants; and that
the doctrine of respondeat superior shall not apply as between the parties and their
respective officers, agents, employees, contractors, subcontractors and
consultants. Furthermore, the parties understand and agree that nothing herein
shall be construed as creating a partnership or joint enterprise between Westlake
and Trophy Club.
3.2 Governmental Authority. Nothing in this Agreement shall be interpreted as an
abdication by either Trophy Club or Westlake of its governmental rights, powers,
and duties with regard to services provided by Westlake.
13 Recommendations by Westlake. Westlake may make recommendations
regarding the selection, compensation, benefits, job description, and discipline of
the Employees performing services for Westlake. The final decision with regard
to such request by Westlake shall be within the sole discretion of Trophy Club-,
provided however, that Trophy Club's decision shall be not unreasonably
withheld or delayed. A decision by Trophy Club adverse to a recommendation by
Westlake shall not affect Westlake's performance obligations under this
Agreement.
SECTION IV.
LIABILITY AND INDEMNITY
4.1 Supervision of Employees. Westlake shall be responsible for the daily
supervision of Employees while such Employees are providing services for
Westlake. Westlake's actions and treatment of the Employees shall be in
accordance with Trophy Club personnel policies. Trophy Club may elect to but
shall have no obligation to exercise any control or supervision over the
Employees relative to the performance of specific tasks for Westlake.
4.2 Hold harmless. To the fullest extent allowed by law, Westlake shall save and
hold Trophy Club harmless from any and all claims or causes of action (including
attorneys' fees and costs associated with litigation) of any nature whatsoever,
arising out of any act or omission of the Employees prior to or during the term of
this Agreement or arising out of any claim by the Employees against Trophy Club
or Westlake_ Westlake shall maintain insurance coverage sufficient to cover any
and all such claims referenced herein which result from, arise out of, or are related
to the acts and omissions of the Employees; or alternatively, if insurance coverage
is not provided by Westlake, Westlake shall reimburse Trophy Club lot- the costs
i
of obtaining and maintaining such insurance coverage upon request by Trophy
Club.
4.3 Survival of Hold Harmless Clause. The obligation of Westlake to hold harmless
Trophy Club as set out in paragraph 4.2 hereof shall survive the termination of the
employment of the Employees and the termination of this Agreement.
SECTION V.
WESTLAKE'S REIMBURSEMENT TO TROPHY CLUB
5.1 Compensation. Westlake shall pay all costs associated with the employment of
the Employees by Trophy Club, including, without limitation, all compensation,
retirement benefits, insurance benefits, vacation benefits, sick leave, costs of
liability insurance for the protection of Trophy Club, auto allowances, and all
other costs associated with the employment of the Employees or the
administration of this Agreement by Trophy Club (hereinafter referred to
collectively as "Reimbursement Payments").
5.2 Reimbursement Payments. Westlake shall make Reimbursement Payments to
Trophy Club upon demand by Trophy Club, but in no event less than one time per
month.
5.3 Current Revenues. All payments made by Westlake and Trophy Club hereunder
for the performance of the governmental functions and services referred herein
shall be paid from current revenues legally available to the respective party.
SECTION VI.
EMPLOYEES NOT THIRD PARTY BENEFICIARIES
This Agreement is entered into solely for the benefit of Westlake and Trophy Club. The
parties hereby expressly declare that it is not their intent to benefit the Employees in
entering into this Agreement and that the Employees shall not be considered a third-party
beneficiary of either the obligations of Westlake or Trophy Club in this Agreement.
Nothing contained in this Agreement shall create a contract of employment between the
Employees and Westlake or Trophy Club. further this agreement shall not alter the at-
will status of the Employees.
SECTION VII.
MISCELLANEOUS PROVISIONS
7.1 Term. Pursuant to Chapter 791 of the Texas Government Code, the initial term
of this Agreement shall be for a period not to exceed one (1) year, commencing
from the effective date hereof and shall renew automatically each year for a total
of ten (10) years unless terminated earlier in accordance with the terms of this
Agreement.
a
7.2 Entire Agreement. This Agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the subject matter hereof.
7.3 Assignment / Modification. This Agreement shall be binding upon and inure to
the benefit of the parties hereto. This Agreement may not be assigned without the
written consent of both parties. No amendment, modification, or alteration of the
terms hereof shall be binding unless it shall be in writing, dated subsequent to the
date hereof and duly executed by the parties.
7.4 Multiple Copies. This Agreement may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
7.5 Severability. If one or more of the provisions contained in this Agreement shall
for any reason be held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof
and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
7.6 Venue. The obligations and undertaking of each of the parties of this Agreement
are and shall be performable in Denton County, Texas.
7.7 Notice of Termination. Either party may terminate this Agreement at any time
upon six (6) months notice to the other party. Provided however, that Westlake's
failure to timely remit Repayment Payments shall be cause for termination by
Trophy Club upon thirty (30) days written notice. It is further provided that if
after receiving notice of breach for nonpayment, Westlake cures the default within
fifteen (15) days from the date of the written notice, then the Agreement shall
remain in effect until otherwise terminated as provided herein.
7.8 Authority. Each party hereto warrants that it has received authority from its
governing body to enter into this Agreement.
This Agreement is signed by the parties in multiple counterparts. This Agreement
is dated and shall be effective for all purposes as of March 1, 2001.
TOWN OF WESTLAKE
By:
Scott Bradley, Mayor
ATTEST:
/a�
ding Crosswy, Town S retary
C
TOWN OF TROPHY CLUB
O
t' By:
Marshall Engelbeck, Mayor
ATTEST:
Diane Cock-4, Town Secretary
APPROVE AS FO
L. St n Lo ry f i ttorney for
the Town of Westlake
Patricia A. Adams, Town Attorney for
The Town of Trophy Club
QATOWNSMI'endino I titer local Agreemcnts\Westlake employment contract021901.doc 6