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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_ n. 'rnnr C C/`1 D,,..,7:.,., fnrrinral Anrrrnrntc\V,IrctlaL-r--1l ..ni rnt rnnfractn?iQni tin, 2 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