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HomeMy WebLinkAboutRes 00-17 Approving Revised Contract for the Trophy Club/Westlake DPSTOWN OF WESTLAKE RESOLUTION 00-17 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A REVISED CONTRACT FOR THE TROPHY CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, hereby approves a revised contract for the Trophy Club/Westlake Department of Public Safety, attached as Exhibit A. PASSED AND APPROVED ON THIS 24t" DAY OF APRIL, 2000. 4- � 4 � E-� r. 4 j- d4 w, -- Scott Bradley, Mayor ATTEST: Ging Crosswy, Town cretary Trent O. Petty, Town M nager APPROVED AS TO FORM: CONTRACT FOR TROPHY CLUBlWESTLAKE DEPARTMENT OF PUBLIC SAFETY Parties. This Contract for Trophy ClublWestlake Department of Public Safety (the "Contract") is between the following parties; The Town of Trophy Club, Texas ("Trophy Club") 100 Municipal Drive Trophy Club, TX 76262 Trophy Club Municipal Utility District No. 1 (°TCMUD1") 100 Municipal Drive Trophy Club, Texas 76262 Trophy Club Municipal Utility District No. 2 ("TCMUD2") 100 Municipal Drive Trophy Club, TX 76262 and The Town of Westlake, Texas ("Westlake") 3 Village Circle, Suite 207, Solana Westlake, TX 76262 Trophy Club and Westlake are each general law municipalities organized and operating pursuant to the Constitution and laws of the State of Texas and located in Denton and Tarrant Counties, Texas. TCMUD1 and TCMUD2 are each municipal utility districts created and operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and the general laws of the State of Texas including, particularly, Chapter 54 of the Texas Water Code, as amended, and located in Denton and Tarrant Counties, Texas. TCMUD1 and TCMUD2 are each authorized to provide fire protection services under Section 49.531 of the Texas Water Code. Trophy Club, TCMUDI and TCMUD2 are collectively referred to in this contract as "the Trophy Club entities." 2. Background and Purposes. A. Trophy Club provides police protection to residents of Trophy Club and now owns, operates, and maintains facilities and equipment and employs personnel to provide such services. Trophy Club also has provided such services to Westlake pursuant to an Amended and Restated Law Enforcement Services Agreement effective September 1, 1993, and amended as of February 21, 1995. B. Trophy Club provides emergency medical services to residents of Trophy Club and now owns, operates, and maintains facilities and equipment and employs personnel and utilizes volunteers to provide such services. Trophy Club also has provided such services to Westlake pursuant to an Emergency Medical Services Agreement effective September 1, 1996. C. TCMUD1 provides fire protection services to residents and property within its boundaries and now owns, operates, and maintains facilities and equipment and employs personnel and utilizes volunteers to provide such services. TCMUD1 also provides such services to TCMUD2 pursuant to a Contract for the Provision, Operation and Maintenance of Water Supply and Waste Disposal Facilities dated December 1, 1982, as amended (commonly referred to as the "Master District Contract"). TCMUD1 also provides such services to Westlake pursuant to a Fire and Rescue Services Agreement effective June 6, 1994. D. TCMUD2 provides fire protection services to residents and property within its boundaries pursuant to the agreement with TCMUDI referred to in Paragraph 2.0 above. E. This Contract is to confirm the agreements of the parties to this contract to provide governmental functions and services relating to police protection, fire protection, and emergency medical services in a Trophy Club/Westlake Department of Public Safety (the "Department)") for the mutual benefit of the parties to this Contract and their respective residents and customers. Additionally, the Department will coordinate municipal court services for the mutual benefit of the Town of Trophy Club and the Town of Westlake, assuming the duties customarily assigned to the respective town managers. The parties believe that by cooperating and contracting with each other for the establishment of the Department, their governmental functions and services relating to police protection, municipal court services, fire protection, and emergency medical services will become more efficient, effective, and economical. F. This Contract is executed by the parties as an interlocal contract among local governments under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government Code to jointly provide governmental functions and services that the parties to the contract are authorized to perform individually, as followed by Section 791.011(c)(2) of the Texas Government Code. G. This Contract has been authorized by the governing body of each party to this Contract. The governing body of each party to this Contract has determined that the terms and provisions of this Contract are desirable, fair, and advantageous for that party. 3. Effective Date. This Contract is effective when signed by all parties to the Contract, but with service to begin pursuant to the Contract as of October 1, 1999. 4. Term: Automatic Extension. Services will be rendered under this Contract for a minimum term of five (5) fiscal years starting on October 1, 1999, and ending on September 30, 2004, but as of October 1 each year, beginning in 2000, the expiration date of this Contract shall automatically be extended by one additional fiscal year, so that there is always a new minimum term of five (5) fiscal years beginning October 1, unless and until this Contract is terminated as provided in Paragraph 14 below. 5. Service Area. This Contract shall apply to all territory within its boundaries of Westlake, Trophy Club, TCMUDI, TCMUD2, and other areas currently served by one or more of the parties to this Contract under County Mutual Aid Contracts with Denton County or Tarrant County, as though all such territories were a single entity and service area, including any territory legally annexed by one of the parties to this Contract subsequent to the effective date of this Contract. A map of the service area initially covered by this Contract is attached to and make a part of this Contract as Exhibit A. Parties or territory outside the boundaries of the parties to this Contract may be added to this Contract only upon the prior written consent of all parties to this Contract and the execution of an appropriate amendment to this Contract. 6. Equipment and Facilities. The equipment and facilities (other than the real estate assets) of the Trophy Club Fire Department and the Trophy Club Department of Public Safety existing as of the effective date of this Contract shall be dedicated to the Department under this Contract as of the effective date of this Contract, but legal ownership of such assets shall not change. The police station (DPS building) and fire station in Trophy Club will be leased to the Department at a rental rate of $1 per year, plus the Department will pay all operating costs, utilities, and maintenance relating to the facilities during the term of the lease. At such time as the DPS Board determines that these facilities are no longer necessary for the performance of the duties of the Department, the DPS may terminate the lease of the facilities and possession of each facility will revert to the Trophy Club entity that owns such facility. The remaining principal and interest payments on the police station will be totally funded by the Town of Trophy Club. The fire station is owned free and clear of debt. A list of the assets dedicated to the Department by each party is attached to this Contract as Exhibit B. On and after the effective date of this Contract, any new equipment and facilities shall be acquired in the name of the Department with funds provided by the parties to this Contract as part of the annual budget or special capital contributions. 7. Employees and Volunteers. As of the effective date of this Contract, all employees of Trophy Club and TCMUDI with job responsibilities primarily for police protection, municipal court services, fire protection, and emergency medical services under the reel oversight of the Department shall initially be paid by the Department but through the Town of Trophy Club and such employees shall receive benefits administered by the Town of trophy Club subject to existing contracts. All volunteers shall be treated as volunteers to Trophy Club/Westlake. This DPS Board, in its discretion, and subject to the approval of the governing bodies of the parties to this Contract, may alter this method of providing payment and benefits to employees and treatment of volunteers. 8. DPS Board. The operation of the Department under this Contract shall be supervised by a Trophy Club/Westlake Department of Public Safety Board (the "DPS Board"). The DPS Board shall consists of six members each serving a term of three years, with the terms staggered so that the terms of two members (one from Westlake and one from the Trophy Club entities) expire each year. Three of the DPS Board members shall be appointed by the Board of Aldermen of Westlake. The Town Council of Trophy Club, the Board of Directors of TCMUDI, and the Board of Directors of TCMUD2 shall each appoint one member to the DPS Board. At the first meeting of the DPS Board, the members of the DPS Board shall draw straws or slips of paper to determine which of the initial appointments shall expire at the end of one year, at the end of two years, and the end of three years, in order to establish a staggered schedule, with one appointment from Westlake and one appointment from the Trophy Club entities to expire at the end of the first three years. In the event that a member of the DPS Board resigns or is not able to complete his or term for any reason, a successor shall be appointed by the same party to this Contract that had appointed the person resigning or vacating the Board position to fill that position for the remaining term that was vacated. When the term of an appointee to the DPS Board expires, the resulting vacancy on the DPS Board shall be filled by appointment by the same party to this Contract that had appointed the person whose term expired. The City Manger from the Town of Westlake, the Town Manager from the Town of Trophy Club, and the District Manger of the Trophy Club MUDS shall be non-voting ex -officio members of the DPS Board. The members of the DPS Board shall select one Board member to serve as chairman, to serve for a one-year term. The Chairmanship shall rotate between Westlake and the Trophy Club entities on an annual basis. Whichever entity is providing the chairmanship of the year shall also provide secretarial support for that year. In the event of a tie vote on the same agenda item at two consecutive meetings of the DPS Board, the dispute will be submitted to binding arbitration by a single independent arbitrator selected through the Dallas office of the American Arbitration Association and using the rules of commercial arbitration of the AAA, and with Westlake and the Trophy Club entities each paying one-half the expenses of the arbitration. The DPS Board shall have authority to set policies and procedures for the Department, subject to the review and approval of the governing bodies of the parties to this Contract. Until such time as new policies and procedures are adopted by the DPS Board, the Department of Public Safety Standard Operating Procedures in effect for Trophy Club on the effective date of this Contract shall be in effect for the Department. 9. Control. This Contract is intended to provide for the furnishing of governmental functions and services by the parties through the Department. Each party to this Contract retains all right, power, and control that it has by law to set policies and to make decisions regarding the performance of work for the area of its jurisdiction. Nothing in this Contract shall be interpreted as an abdication by a party of its governmental rights, powers, and duties with regard to services provided by the Department. 10. Budget and Funding.. The DPS Board shall develop an annual budget for the operation, maintenance and proposed capital improvements and expenditures for the Department, and the share of the budget required of each party, and shall submit such budget and request for funding to the governing boards of the individual parties no later than July 1 of each year. The budget shall include all expenses arising from or relating to the maintenance and operation of the Department, including personnel costs, equipment and supplies, training, new facilities, and administrative costs, as provided in Exhibit C which is attached to and made a party of this Contract. The allocation of the budget to each party shall be based on the total valuation of property (both real and personal) within the respective parties to this Contract for ad valorem tax purposes on an annual basis, as follows: A. The budget for police protection, municipal court services, and emergency medical services shall be based on the total valuation of property within Westlake and Trophy Club, with each of those parties allocated its prorata part of the budget based on its prorata part of such total valuation. B. The budget for fire protection shall be based on the total valuation of property within Westlake less the portion of Westlake within TCMUD1, and the total valuation of property within Trophy Club plus the portion of Westlake within TCMUD1, with Westlake allocated its prorata part of the budget based on its prorata part of such total valuation, and the remainder of the budget allocated to TCMUD1 and TCMUD2 (to be divided between them as they may agree). Recognizing that Westlake and Trophy Club include territory located in two counties with different tax appraisal procedures, and allocation for the budget shall include a methodology for equalizing appraisal variances and computation of the budget allocations of each party, as set forth in Exhibit C which is attached to and made a part of this Contract. Once the budget has been approved by the governing bodies to this Contract and the share of the budget is allocated to each party as provided above, then each party to this Contract, acting through its governing board, must make its payments from current revenues available to the paying party in the manner it deems best, which may include user fees, ad valorem taxes, sales taxes, voluntary contributions, or other revenue sources. Payment from each party is due on January 1 of each year. If the amount due from a party is not received by the Department by January 31 of the year for which the allocation is due, then the amount due shall bear interest at the rate 18% per annum from February 1 and until paid. Since the first fiscal year of the Contract (beginning October 1, 1999) will begin before the first full payment is due from each party on January 1, 2000, and to provide funding for the Department for the period from October 1 through December 31, 1999, each party agrees to make a payment to the Department on or before October 1, 1999, in an amount equal to an additional 25% of the first year budget as set by the DPS Board. The DPS Board shall not have any taxing authority as a separate entity. If any party does not pay its share of the budget by January 31 by the year for which the allocation is due (or by October 1, 1999, for the initial three month budget), any other party to this Contract may (but is not required to) pay the amount required from the defaulting party and recover the interest on the funds advanced for the defaulting party at the rate of eighteen percent (18%) per annum from the date paid and until reimbursed by the defaulting party. To ensure that the budget allocation process described in subparagraphs A & B above always continues to yield a fair and equitable distribution of Department expenditures among the participating entities, during the last year of the five-year initial term, the DPS Board will review the budget allocation process and will recommend any necessary changes to each of the governing bodies of the parties to this Contract to change the method of determining those allocations at the end of the initial five-year term, with changes to be effective as of the fiscal year beginning October 1, 2004. Consideration will include (but not limited to) population, valuation, and service consumption. Additionally, upon majority consent of the DPS Board, this review may occur and changes may be recommended to the governing bodies of the parties to this Contract prior to the end of the five-year initial term. 11. Audit; Legal Counsel,• Advisors. A separate independent audit of the Department shall be performed following the close of each fiscal year of the Department by an auditing firm selected by the DPS Board. The DPS Board also may employ separate legal counsel or other professional advisors, within the limits set by the approved annual budget. 12. Liability; Insurance. The DPS Board shall obtain insurance coverages as it deems appropriate and with an insurance carrier selected by the DPS Board to ensure the work done by the employees and volunteers under this Contract, with all parties named as insured parties under such insurance policies. As provided in Section 791.006 of the Texas Government Code, the governmental unit that would have been responsible for furnishing fire protection services in the absence of this Contract shall be responsible for any civil liability that arises from the furnishing of such fire protection services. No party to this Contract waives or shall be deemed by this Contract to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 13. Further Cooperation. The parties to this Contract agree to cooperate to sign an deliver any other documents that may be necessary or appropriate to implement the provisions of this Contract. 14. Termination. This Contract may be terminated by any party as of September 30, 2004, so long as notice to terminate is submitted in writing to all other parties by September 30, 2003. After September 30, 2004, this Contract may be terminated by any party as of September 30 of any year by written notice to all other parties delivered at least one (1) year in advance. Such termination by any one party to this Contract shall be occasion for reconsideration and amendment of this Contract. The Contract may be terminated at any other time or upon shorter notice only upon unanimous consent of all parties. Upon termination of this Contract, each asset dedicated to the Department pursuant to this Contract shall be returned to the party that originally dedicated such asset to the Department. Assets that were acquired by the Department during the term of this Contract shall be divided by the parties and conveyed to individual parties as they may agree among themselves, but on a prorata basis based upon the relative funding contributions made by the parties during the three year period immediately prior to the effective date of termination. The value of particular assets shall be determined by current appraisal of the assets of the Department to be divided, to be prepared by a mutually agreeable appraiser. If the parties cannot agree to a division of the assets, or to an appraiser to perform the appraisal of assets to be divided, then the dispute will be submitted to binding arbitration by a single independent arbitrator selected through the Dallas office of the American Arbitration Association and using the rules of commercial arbitration of the AAA, with Westlake and the Trophy Club entities each paying one-half of the expenses of the arbitration. Before any distribution of an asset to a party, that party must have paid its share of all budgets and any interest assessed on budget payments made on its behalf by other parties. 15. Entire Agreement; Amendments. This Contract represents the entire and integrated agreement among the parties relating to this matter and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Contract may be amended only by written instrument signed by all parties to this Contract. 16. Applicable Law; Venue. The validity of this Contract and of any of its terms or provisions, as well as the rights and duties of the parties to the Contract, shall be governed by the laws of the State of Texas. This Contract is performable in Denton and Tarrant County, Texas, and venue of any dispute arising under or relating to this Contract shall be in either Denton or Tarrant County, Texas. 17. Partial Invalidity. If any clause, paragraph, section or portion of this Contract is found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Contract remains in full force and effect and the parties shall be deemed to have contacted as if that clause, section, paragraph, or portion had not been in the Contract. 18. Authorization of Contract. Each party hereby certifies to the other parties that the execution of this Contract has been authorized by the governing board of the certifying party in accordance with applicable law and the rules of such party and that the undersigned officers and/or agents of the certifying party are the properly authorized officials and have the necessary authority to execute this Contract on behalf of such party. 19. Execution and Date. This contract is signed by the parties in multiple counterparts. This Contract is dated and effective as of the date of the last party to sign as indicated on their signature lines below, but with the term and service to begin as of October 1, 1999, as provided in Paragraphs 3 and 4 above. TROPHY CLUB MUNICIPAL UTILITY DtS7ICT NO. 1 r / By;t—�- G :,7�v T. A. Neidenberger Date President, Board of Directors Attest: By;-- DZn Henry Secretary, Board of Directors TOWN OF TROPHY CLUB, TEXAS Marshall Engelbeck Date Mayor Attest: ILBy: aaoa Date Diane C ckrell Date Town Secretary TROPHY CLUB MUNICIPAL UTILITY TOWN OF WESTLAKE, TEXAS DISTRICT NO. 2Z By: C._ James C. Thomas President, Board of Directors Attest: Walter R. FTtzpatridi Secretary, Board of DAWestlake\WL DPS Interlocal Final 4 18 00.doc 9 -dA By; ~ 1 4 A 11- 2&civ Date Scott Bradley Date Mayor Attest: By: Date inger Crosswy Date Town Secretary