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;
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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.
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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.
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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,
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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