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Agenda Packet TC 08/23/2010Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, August 23, 2010 CALL TO ORDER AND ANNOUNCE A QUORUM. INVOCATION PLEDGES WORK SESSION Conducted in the SVORE Municipal Board Room 1.2010-440-T Town Council Budget Discussion; discussion of the same. 1. Parks and Recreation (information will be provided at the meeting) 2. Compensation & Benefits (information attached) 3. Capital Planning 2010 Salary Comparisons.pdfAttachments: REGULAR SESSION (Estimated Start Time 7:30 p.m.) 2.2010-441-T Consider and take appropriate action to approve an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for the 2010-2011 school year and authorizing the Acting Town Manager or his designee to execute necessary documents. 2010-2011 TC SRO Contract.pdfAttachments: EXECUTIVE SESSION Conducted in the Public Services Conference Room 3.2010-420-T Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following item: (A) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the appointment of a public officer or employee. (1) The Mercer Report regarding the Town Manager Search Activities. RECONVENE INTO REGULAR SESSION Conducted in the SVORE Municipal Board Room 4.2010-422-T Consider and take appropriate action regarding the Executive Session. Town Council 1 of 18 Meeting Date: August 23, 2009 August 23, 2010Town Council Meeting Agenda ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, August 20, 2010 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _______________________________________ Lisa Hennek, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Town Council 2 of 18 Meeting Date: August 23, 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-440-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/17/2010 Town Council On agenda:Final action:8/23/2010 Title:Town Council Budget Discussion; discussion of the same. 1. Parks and Recreation (information will be provided at the meeting) 2. Compensation & Benefits (information attached) 3. Capital Planning Attachments:2010 Salary Comparisons.pdf Action ByDate Action ResultVer. Town Council 3 of 18 Meeting Date: August 23, 2009 File #: 2010-440-T, Version: 1 Title Town Council Budget Discussion; discussion of the same. 1. Parks and Recreation (information will be provided at the meeting) 2. Compensation & Benefits (information attached) 3. Capital Planning Body Goal #1: Safe and secure community. Goal #2: Business-Friendly Community Goal # 3: Community with shared vision Goal #4: Picturesque Town Goal #5: A community in which the infrastructure supports its residents Goal #6: A vibrant, inclusive community with involved, caring residents Goal #7: Environmentally Sound Community Town Council 4 of 18 Meeting Date: August 23, 2009 Town Council 5 of 18 Meeting Date: August 23, 2009 Town Council 6 of 18 Meeting Date: August 23, 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-441-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/18/2010 Town Council On agenda:Final action: Title:Consider and take appropriate action to approve an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for the 2010-2011 school year and authorizing the Acting Town Manager or his designee to execute necessary documents. Attachments:2010-2011 TC SRO Contract.pdf Action ByDate Action ResultVer. Town Council 7 of 18 Meeting Date: August 23, 2009 File #: 2010-441-T, Version: 1 Title Consider and take appropriate action to approve an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for the 2010-2011 school year and authorizing the Acting Town Manager or his designee to execute necessary documents. Body Northwest ISD Security Coordinator Mike Conklin will be in attendance to answer the Council’s questions. This agreement is essentially the same as the agreement from last year. The primary differences are in the amount the District has agreed to pay and the expectation from the District that the SRO will serve for 178 days on a campus as opposed to serving as the Juvenile Investigator (and being subject to call-outs) as required by the grant. Because the SRO was partially funded by a grant last year, the District paid $20,834.70. This year the District will pay $52,500. During the summer months the SRO will continue to assist CID. This is a renewal of the same agreement from last year. Staff recommends approval. Goal #1: Safe and secure community. Maintain Trophy Club’s Low crime rate Increase positive visibility through community policing initiatives Provide superior Emergency Services Goal 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 8 of 18 Meeting Date: August 23, 2009 STATE OF TEXAS § Interlocal Agreement by and between § The Town of Trophy Club, Texas, and § Northwest Independent School District COUNTY OF DENTON § for School Resource Officer Services This Agreement is entered into upon the date of the last party's signature to this Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest Independent School District, a Texas District located in Denton, Tarrant and Wise Counties, Texas and hereinafter referred to as the "District". The Town and District made the following findings in entering into this Agreement: WHEREAS, this Agreement for School Resource Officer Services is made pursuant to the authority of the Texas Government Code 791.001 -791.0029, known as the Interlocal Cooperation Act; and WHEREAS, the expense of any payments or performance required by this Agreement shall come from current revenues legally available to the parties; and WHEREAS, the subject of this Agreement is necessary for the benefit of the public and the students and each party and that the performance and payment fairly compensates both parties; NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, the parties agree to cooperate in securing the placement of one School Resource Officer for the District as follows: I. Town Obligations The Town agrees to provide one (1) fully qualified peace officer who will be assigned by the Town to serve as the School Resource Officer assigned to Northwest ISD schools located on District property within the Town of Trophy Club, Denton County, Texas. The Town further agrees to supply any and all necessary equipment, including but not limited to uniforms, radio, and personal defense equipment for the School Resource Officer. The Town agrees to provide all of the above to the District, for the consideration provided in sections V below. II. Duties of School Resource Officer 2.01 Duties. While on duty for the District at a campus within the town limits of Trophy Club, the School Resource Officer shall perform and otherwise fulfill the following duties and obligations including, but not limited to the following: Act as a resource person in the area of law enforcement education; 1 Town Council 9 of 18 Meeting Date: August 23, 2009 Cooperate and assist, in any manner assigned in compliance with the law by the District, in any District efforts, programs, or classes in Trophy Club to educate students on law enforcement and criminal justice issues; Make arrests and referrals of criminal law violators within the discretion of the School Resource Officer; Conduct or assist in criminal investigations of violations of law on District property in Trophy Club; Provide a law enforcement resource when necessary to maintain the peace on the District’s property in Trophy Club; Perform other duties requested by the District and authorized in advance by the Chief of Police or his or her designee, so long as the performance of such duties is legitimately and reasonably related to the purposes of this Agreement and so long as such duties are consistent with state and federal law and the policies and procedures of the District and the Town; Follow and conform to all policies and procedures of the District that do not conflict with the policies and procedures of the Town. The parties to this Agreement shall abide by all rules, regulations and procedures as outlined in the Civil Rights Act; Develop, evaluate and assist in implementation of security programs within the campuses and schools of the District in Trophy Club; Coordinate with school administrators, staff, other law enforcement agencies and courts to promote order and security on District campuses in Trophy Club; Accompany and provide protection for students and District personnel on curricular and extracurricular trips inside and outside of the Town of Trophy Club when authorized in advance by the Chief of Police or his or her designee; Attend and provide protection at any school related functions in Trophy Club, including, but not limited to, sporting events, class dances and socials, and other social or educational gatherings within District campuses in Trophy Club that are possible within the guidelines of the Town of Trophy Club Personnel policies; Any other duties consistent with law enforcement within the Town of Trophy Club requested by the District and approved by the Town. If at some point, the work schedule of the School Resource Officer does not fulfill the full time requirements of a Town employee, the Town retains the right to direct the activities of the School Resource Officer in order to comply with the full time requirements. 2.02. Property Damage. To the extent provided by law, the Town of Trophy Club or it's Police Department will not under any circumstances be responsible for any property belonging to the District, it's officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged as result of the action or inaction of the School Resource Officer. 2 Town Council 10 of 18 Meeting Date: August 23, 2009 III. Assignments A School Resource Officer is an employee of the Town of Trophy Club. This Agreement includes one (1) School Resource Officer. The function of a School Resource Officer is to act as an educator, counselor, and law enforcement official on the campuses of Northwest Independent School District within the town limits of the Town of Trophy Club. The School Resource Officer will be a licensed peace officer under the laws of the State of Texas. The Town will select the officer from the eligible applicants for employment. The District will provide input to the Town regarding the selection, with the final decision regarding employment being the Town’s decision. The District will have the authority to create work schedules and make job assignments while the officer is on-duty at a District campus within the Town of Trophy Club. Any conflict of such schedules or assignments will be referred to the Town and District Liaisons for resolution. The Town Liaison is the Chief of Police. The District Liaison is the District Security Coordinator. IV. District Obligations The District shall provide the following: (1) Office space at Medlin Middle School and Byron Nelson High School; and (2) computer, telephone, and other office equipment as needed by the School Resource Officer for the performance of his or her duties hereunder. V. Funding/Consideration Funding for the School Resource Officer shall be provided as follows: In consideration of the services provided and cross promises hereunder, for the school year of 2010-2011, the District shall pay the Town an amount not to exceed Fifty-two Thousand Five Hundred Dollars ($52,500.00) for the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the District, the Town shall remain responsible for the balance of the funding required to maintain the officer’s salary and standard Town employee benefits package. At all times under this Agreement, and not withstanding any contribution of funds by the District, the Town shall remain responsible for the withholding of income taxes and Social Security, and for workers compensation, disability benefits and insurance requirements for the School Resource Officer in accordance with the Town’s standard employee benefits package then in existence. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer's activities and duties. Funding for renewal years, if applicable, shall be negotiated by the parties and documented in a written modification to this Agreement approved by the respective governing body for each party hereto in accordance with the terms of this Agreement. VI. Term The term of this Agreement shall be in effect for the 2010-2011 school year with an initial term of one (1) year commencing on or about August 1, 2010 and ending on or about 3 Town Council 11 of 18 Meeting Date: August 23, 2009 July 31, 2011 (hereinafter “Initial Term”). After the Initial term, this Agreement may be renewed annually for five (5) additional terms of one (1) year each by written agreement of the parties approved by their respective governing bodies unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice prior to the end of the Initial term or any renewal term. VII. Replacement The District may, for cause, request a replacement of the School Resource Officer. Such a request shall be made through the Town’s Chief of Police, shall be in writing and shall set forth the basis for the request. A replacement School Resource Officer shall be provided as soon as possible giving due consideration for the Town’s staffing level and time required to complete the outside hiring process as necessary. The Town shall have the authority to change personnel serving as the School Resource Officer at any time as determined appropriate by the Town’s Chief of Police. In the event that Town changes such personnel for any reason other than termination of the individual serving as School Resource Officer, Town shall provide written notice to District of such personnel change. VIII. Notices Notice to the Town shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Town Manager Town of Trophy Club 100 Municipal Dr. Trophy Club, Texas 76262 Notice to the District shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Superintendent of Schools Northwest Independent School District P.O. Box 77070 Fort Worth, Texas 76117 IX. Town Employee The School Resource Officer shall at all times remain an employee of the Town subject to the personnel policies of the Town and General Manual of the Trophy Club Police Department. Subject to Section III of this Agreement, the District shall have the authority to make decisions regarding the officer's assignment and schedule while on-duty at a District campus in the Town of Trophy Club. In non-emergency situations, the District shall request authorization from the Town’s Police Department if the School Resource Officer is needed outside of the Town of Trophy Club to perform duties not directly related to this Agreement. Authorization must be provided by either the Chief of Police or his designee. In an emergency situation, the District shall advise the Chief of Police or designee of the need for the School Resource Officer to attend to the emergency outside of the Town of Trophy Club as soon as practicable. 4 Town Council 12 of 18 Meeting Date: August 23, 2009 X. Governmental Immunity Neither the Town nor the District waives or relinquishes any governmental immunities or defenses on behalf of themselves, their trustees, officers, employees and agents as a result of the execution of this Agreement and the performance of the functions or obligations hereunder. Both parties agree that the services provided hereunder are exclusively governmental functions. XI. Workers Compensation The Town shall provide, during the term of this Agreement, worker’s compensation insurance in the amounts as required by Texas state law, for all Town employees engaged in work under this Agreement. As to all other insurance provided by Town, it shall provide District with documentation indicating such coverage prior to the beginning of any activities under this Agreement. XII. Miscellaneous 11.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and governed by Texas laws, and venue for any disputes or actions arising hereunder shall be exclusive in Denton County, Texas. 11.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend to create any rights or obligations other then those specifically set forth herein and this Agreement shall not create any rights in persons not a party to this Agreement, including without limitation, any individual serving hereunder as the School Resource Officer. 11.03. Authority to Bind. The undersigned officer and/ or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 11.04. Modifications. All modifications to this Agreement shall be in writing and approved by the respective governing body for each party. 11.05. Entire Agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties as provided herein. 11.06. Non-Waiver. It is agreed that one (1) or more instances of forbearance by Town in the exercise of its rights herein shall in no way constitute a waiver thereof. 11.07. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, 5 Town Council 13 of 18 Meeting Date: August 23, 2009 6 sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 11.08. Independent Contractor. Each party covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of the other party; that subject to the terms of this Agreement, Town shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between Town and District. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates shown below their respective signatures. Northwest Independent School District _____________________________ __________________________ Title: Date: ATTEST: _________________________________ APPROVED AS TO FORM: Town of Trophy Club, Texas By:_____________________________ __________________________ Mayor Date: ATTEST: ________________________________ TOWN SECRETARY APPROVED AS TO FORM: ________________________________ TOWN ATTORNEY Town Council 14 of 18 Meeting Date: August 23, 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-420-T Name: Status:Type:Agenda Item Executive Session File created:In control:8/4/2010 Town Council On agenda:Final action:8/23/2010 Title:Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following item: (A) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the appointment of a public officer or employee. (1) The Mercer Report regarding the Town Manager Search Activities. Attachments: Action ByDate Action ResultVer. Town Council 15 of 18 Meeting Date: August 23, 2009 File #: 2010-420-T, Version: 1 Title Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to discuss the following item: (A) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the appointment of a public officer or employee. (1) The Mercer Report regarding the Town Manager Search Activities. Body Gary Holland from The Mercer Group will be in attendance. Town Council 16 of 18 Meeting Date: August 23, 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-422-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/4/2010 Town Council On agenda:Final action:8/23/2010 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Town Council 17 of 18 Meeting Date: August 23, 2009 File #: 2010-422-T, Version: 1 Title Consider and take appropriate action regarding the Executive Session. Town Council 18 of 18 Meeting Date: August 23, 2009