HomeMy WebLinkAboutMar 24, 2010-SpecialJointSession-CanceledTrophy Club Municipal Utility District No. 1
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMWednesday, March 24, 2010
TCMUD 1 Special Joint Session with Town Council
Call to order and announce a quorum.
1.2010-01-M1 Receive report from the SEMO (Shared Employees MUD Organization)
Committee; Town Manager to provide information regarding Service Providers;
discuss and take appropriate action regarding same.
Memo2Council-Option2-022610.pdfAttachments:
2.2010-34-M1 Discuss and take appropriate action regarding the New Intergovernmental
Contract for Employee Services and the Amendment to New
Intergovernmental Contract for Employee Services between the Town of
Trophy Club and Trophy Club Municipal Utility District No. 1, formally Trophy
Club Master District.
ILA-EmployeeSvcs and Amendment.pdfAttachments:
Adjourn
* THE BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED SESSION AT
ANY TIME DURING THE MEETING FOR THE PURPOSE OF SEEKING THE ADVICE OF
ITS ATTORNEY ABOUT ANY ITEM ON THE AGENDA OR THAT ARISES AT THE
MEETING, PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE.
TCMUD No. 1 1 of 19 24 MARCH 2010
March 24, 2010Trophy Club Municipal Utility
District No. 1
Meeting Agenda
CERTIFICATION)
THE STATE OF TEXAS)
COUNTY OF DENTON)
COUNTY OF TARRANT)
THIS CERTIFIES THAT ON THURSDAY, MARCH 18, 2010 AT OR BEFORE 5:00 P.M., A
COPY OF THE ABOVE NOTICE OF A MEETING OF THE TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1 TO BE HELD ON WEDNESDAY, MARCH 24TH, 2010, WAS
POSTED ON THE FRONT WINDOW OF THE TROPHY CLUB M.U.D. ADMINISTRATION
BUILDING, 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS, WHICH IS A PLACE
CONVENIENT TO THE PUBLIC WITHIN THE BOUNDARIES OF THE DISTRICT, AND A
COPY WAS ALSO PROVIDED TO THE COUNTY CLERKS OF DENTON AND TARRANT
COUNTIES, TO BE POSTED ON THEIR WEBSITE AND/OR A BULLETIN BOARD AT A
PLACE CONVENIENT TO THE PUBLIC IN SUCH COUNTY COURT HOUSES,
PURSUANT TO SECTION 49.063 OF THE WATER CODE AND SECTION 551.054 OF
THE OPEN MEETINGS ACT, CHAPTER 551 TEXAS GOVERNMENT CODE.
________________________
Mary Moore
MUD Secretary
THIS FACILITY IS WHEELCHAIR ACCESSIBLE AND ACCESSIBLE PARKING SPACES
ARE AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETATIVE
SERVICES MUST BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT
MARY MOORE AT (682) 831-4685 OR FAX YOUR REQUEST TO (817) 490-0705.
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: ___________________________
TCMUD No. 1 2 of 19 24 MARCH 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-01-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:1/4/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:2/24/2010
Title:Receive report from the SEMO (Shared Employees MUD Organization) Committee; Town Manager to
provide information regarding Service Providers; discuss and take appropriate action regarding same.
Attachments:Memo2Council-Option2-022610.pdf
Action ByDate Action ResultVer.
Trophy Club Municipal Utility
District No. 1
2/16/2010 1
Trophy Club Municipal Utility
District No. 1
1/25/2010 1
Trophy Club Municipal Utility
District No. 1
1/19/2010 1
TCMUD No. 1 3 of 19 24 MARCH 2010
12010-01-M1 Version:File #:
Title
Receive report from the SEMO (Shared Employees MUD Organization) Committee; Town Manager to provide
information regarding Service Providers; discuss and take appropriate action regarding same.
TCMUD No. 1 4 of 19 24 MARCH 2010
TCMUD No. 1 5 of 19 24 MARCH 2010
TCMUD No. 1 6 of 19 24 MARCH 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-34-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:2/9/2010 Trophy Club Municipal Utility District No. 1
On agenda:Final action:2/24/2010
Title:Discuss and take appropriate action regarding the New Intergovernmental Contract for Employee
Services and the Amendment to New Intergovernmental Contract for Employee Services between the
Town of Trophy Club and Trophy Club Municipal Utility District No. 1, formally Trophy Club Master
District.
Attachments:ILA-EmployeeSvcs and Amendment.pdf
Action ByDate Action ResultVer.
Trophy Club Municipal Utility
District No. 1
3/16/2010 1
Trophy Club Municipal Utility
District No. 1
2/16/2010 1
TCMUD No. 1 7 of 19 24 MARCH 2010
12010-34-M1 Version:File #:
Title
Discuss and take appropriate action regarding the New Intergovernmental Contract for Employee Services
and the Amendment to New Intergovernmental Contract for Employee Services between the Town of Trophy
Club and Trophy Club Municipal Utility District No. 1, formally Trophy Club Master District.
TCMUD No. 1 8 of 19 24 MARCH 2010
NEW INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES
This New Intergovernmental Contract for Employee Services (the "Contract") is
between the following parties:
Trophy Club Master District (the "Master District")
100 Municipal Drive
Trophy Club, Texas 76262
and
The Town of Trophy Club, Texas (the "Town")
100 Municipal Drive
Trophy Club, Texas 76262
WHEREAS, the Master District is an administrative agency and joint
operating Board established by Trophy Club Municipal Utility District No. 1
("MUD1") and Trophy Club Municipal Utility District No. 2 ("MUD 2") under a
written agreement entitled NEW MASTER DISTRICT CONTRACT dated and
effective as of October 4, 2000, as amended. Each of MUD l and MUD 2 is a
Municipal Utility District 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 and 49 of the Texas Water Code, as amended.
The Master District is structured and operates as a separate entity joint venture,
with MUD l and MUD 2 being the equal controlling owners of the joint venture.
This Contract is signed by the Master District in its capacity as the operator of
common water and wastewater facilities in the Trophy Club and Solana-Westlake
projects.
WHEREAS, the Town is a home-rule municipal corporation duly organized
and operating pursuant to the Constitution and laws of the State of Texas and its
home rule charter.
WHEREAS, the Master District and the Town each perform certain
governmental services or functions within their respective jurisdiction. Prior to
October 1, 1998, the MUD 1 (in its capacity as the "Master District" at that time
for itself and MUD 2) and the Town each had their own employees to perform
various services and functions. By a written agreement dated and effective as of
October 1, 1998, entitled INTERGOVERNMENTAL CONTRACT FOR
EMPLOYEE SERVICES (the "1998 CONTRACT FOR EMPLOYEE SERVICES"),
MUD l (in its capacity as the "Master District" at that time for itself and MUD 2)
and the Town agreed that all employees of MUD l became employees of the
Town subject to the personnel policies of the Town and included on the payroll of
the Town so that employment salaries, benefits, and personnel policies of both
MUD l and the Town could be administered more efficiently, effectively, and
TCMUD No. 1 9 of 19 24 MARCH 2010
economically. With the execution of the 1998 CONTRACT FOR EMPLOYEE
SERVICES, the Town (through its employees including those personnel who
formerly were employees of MUD 1) began performing services that previously
had been part of MUD l's operations for the benefit of itself and MUD 2. This
Contract is to update, modify, and supersedes the 1998 CONTRACT FOR
EMPLOYEE SERVICES.
WHEREAS, this Contract is executed by the Master District and the
Town as an Intergovernmental or Interlocal contract under Chapter 791 (the
Interlocal Cooperation Act) of the Texas Government Code and is an amendment
and renewal of the 1998 CONTRACT FOR EMPLOYEE SERVICES.
WHEREAS, 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 and therefore the Contract serves a valid public
purpose.
WHEREAS, the parties to this Contract believe that their longstanding
contractual and cooperative relationship has benefited both the Town and the
Master District, and their respective taxpayers and customers, because the
administration of employment issues is handled in a more efficient, effective and
economical manner, and governmental services which are the responsibility of
each of the respective entities are performed by a single workforce consisting of
Town employees. Moreover, while the Master District and the Town each
performs distinct governmental services or functions within their respective
jurisdictions, they also have a community of interest in performing these services
and functions. The Master District and the Town have determined that this
community of interest is best served by continuing their cooperative and
intergovernmental contractual relationship with respect to employment services.
WHEREAS, the parties hereby confirm their understanding and intent
that all persons who were employed by MUD 1 (in its capacity as the "Master
District" at that time for itself and MUD 2) performing work in the operations of the
Master District immediately prior to October 1, 1998, became employees of the
Town as of October 1, 1998, for all purposes, with the Town responsible on and
after October 1, 1998, for all salary, benefits, and other compensation of such
employees and with such employees subject to the personnel policies of the
Town.
NOW, THEREFORE, for and in consideration of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other
good and valuable consideration, the Town of Trophy Club, Texas and the
Trophy Club Master District do hereby contract and agree as follows:
TCMUD No. 1 10 of 19 24 MARCH 2010
I.
Term
This Contract shall become effective upon approval by both of the respective
governing bodies of Town and Master District and upon execution by their
respective authorized representatives. The Contract shall continue in effect until
terminated by either party as provided herein.
II.
Scope of Employment Services
Town shall provide employees to perform services for Master District in
accordance with the terms of this Agreement. The parties understand and agree
that on and after the effective date of this Agreement, all such employees are
employees of the Town subject to the personnel policies of the Town in
accordance with the terms of this Agreement. The parties hereto agree that the
attached organizational chart identifies the structure of the respective operations
of the parties and their relationship under this Contract. The Organizational Chart
is attached hereto and incorporated herein as Exhibit A.
III.
Master District Management
Master District retains a Master District Manager to oversee the operations of the
Master District (hereinafter "District Manager"). The District Manager may be an
independent contractor or an employee of the Master District but in neither case
is the District Manager an employee of the Town. This Contract is not intended to
make any change in any separate contract between the Master District and the
District Manager ("District Manager Contract"). Whether the District Manager is
an independent contractor or an employee of the Master District, the District
Manager shall he compensated by the Master District and report directly to the
Board of Directors of the Master District. The person designated as the District
Manager for the Master District shall be supervised and directed by the Board of
Directors of the Master District.
TCMUD No. 1 11 of 19 24 MARCH 2010
IV.
Compliance with Town Personnel Policies
Under the terms of the District Manager Contract, where applicable, or under the
terms of the employment of the District Manager, where applicable, the District
Manager shall be either contractually or as a term of employment, whichever
applies, required to comply with the personnel policies and procedures of the
Town in fulfilling his obligations for the management and oversight of Master
District operations. The parties hereto understand and agree that the Town
employees shall be subject to the personnel policies and procedures adopted by
the Town.
V.
Master District Standard Operating Procedures
The Master District retains the authority to adopt standard operating procedures
("SOPs") regulating and governing the operational control of Master District
assets and facilities; however, the scope of such standard operating procedures
shall relate only to technical matters governing Master District operations and
shall not conflict with the Town personnel policies and procedures. Prior to the
issuance of any standard operating procedures, such SOPs shall be submitted to
the Human Resources Manager or equivalent position for review and to allow
such person to identify any inconsistencies or conflict between the proposed
SOPs and the Town personnel policies. The Town shall provide written notice to
the District Manager of any such conflict between the SOPs and the Town
policies and of any matters that the Town determines to regulate matters other
than those operational matters for which SOPs are allowed under this Contract.
In the event of a conflict, the parties agree to meet and discuss the identified
conflict and to use reasonable efforts to resolve the conflict in order to meet the
needs of both the Master District and the Town.
As used in this Contract the terms "operation(s)," "operational," "operational
functions," or "operational standards" shall mean those technical functions
performed by Town employees for the Master District which are governed or
regulated by a state or federal regulatory agency, regulatory standards or permit
standards, or other applicable local, state, or federal law or which are regulated
by an SOP of the Master District pursuant to this Contract.
TCMUD No. 1 12 of 19 24 MARCH 2010
VI.
Compliance with Standard Operating Procedures of the Master District
Subject to the requirements set forth in Paragraph V above, while this Contract
is in effect, the Town agrees that all employees providing services to the Master
District shall follow the Master District's SOPs governing the operational aspects
of Master District assets and facilities.
VII.
Approved Positions and Funding
Each year, as part of the approval of the respective budgets of tile parties, the
governing body for each of the parties approves a listing of funded positions or
an organizational chart showing all funded employee positions. The approved
budgets contain detailed information regarding the amount of money that each of
the parties hereto contributes toward the expenses of funding employee
positions. The Town and the Master District agree hereunder that the positions
and payment approved in their respective budgetary processes shall comply with
the terms of this Contract and shall serve as partial consideration for the services
provided under this Contract.
VIII.
Compensation
As compensation for the services provided or to be provided to the Master
District by the Town under this Contract, upon the Town presenting a detailed
listing of all incurred expenses the Master District agrees to pay to the Town at
least monthly an amount equal to the actual costs incurred by the Town for
salary, benefits, and other compensation of the Town employees providing
services to the Master District, subject to Paragraph VII of this Contract. The
term "actual costs" as used in this Contract means those costs that the Town
incurs over and above the cost that the Town would incur if it were not providing
personnel to perform services for the Master District operations. Whenever
practical to do so, the Town shall have costs (other than employee costs)
associated with Master District functions charged directly to the Master District,
including but not limited to training expenses, travel, supplies, administrative and
other miscellaneous costs not directly attributable to salary benefits and other
compensation. As further consideration for the services of Town employees,
Master District agrees that the use of all equipment owned by or leased to Master
District may be used by licensed and/or qualified Town employees in the
performance of services for Master District pursuant to this Agreement.
TCMUD No. 1 13 of 19 24 MARCH 2010
IX.
Policies and Decisions
This Contract is intended to provide for the furnishing of employment services by
the Town to the Master District in the Town's capacity as an independent
contractor. The Master District retains all right, power, and control that it has by
law and by the New Master District Contract to set policies and to make
decisions regarding the services provided by Town employees in the
performance of operational functions for the Master District and the operation of
Master District assets and facilities.
Master District shall have the right, for good cause upon the violation of
operational standards, or for violations of SOPS, as allowed by the Town's
personnel policies, to require that a particular Town employee be removed from
performing services in the operations of the Master District, provided however,
that the removal of an employee shall not be required until such employee has
been disciplined in accordance with Town policies and had an opportunity to
avail himself of any and all appeals allowed under the Town's personnel policies
and procedures.
As new or additional employees are needed to perform services for the Master
District, the Town shall follow Town personnel policies and procedures in the
selection of those employees. Prior to the hiring of any employee to perform
services for the Master District, the Town shall request from the Master District,
or its designee, the approval of the selection, compensation, benefits, and job
description of each such employee. The Town agrees to follow the Master
District's recommendations for selection, compensation, benefits, and job
description of each employee performing services for the Master District. In the
event of a conflict under this paragraph, the parties agree to meet and discuss
the identified conflict and to use reasonable efforts to resolve the conflict in order
to meet the needs of both the Master District and the Town. The Master District
shall not be required to fund any decision that it has not approved regarding an
employee performing services for the Master District. Decisions by the Master
District under this Contract shall be made by the Board of Directors of the Master
District or by its designated officer(s) or agents. All Town employees performing
services in the operations of the Master District shall be supervised and directed
by persons approved by the District Manager.
Nothing in this Contract shall be interpreted as an abdication by the Master
District or MUD1 and MUD2 as the joint venture partners in the Master District of
their governmental rights, powers, and duties with regard to services provided by
the Master District.
TCMUD No. 1 14 of 19 24 MARCH 2010
X.
Discipline
The parties agree that the Town's standard personnel policies and disciplinary
procedures shall apply to all Town employees performing services in the
operations of the Master District.
Employees are divided by reason of their duties into two groups. The first group
consists of those employees whose services are shared by the Town and the
Master District (hereinafter “Shared Service Providers”), and the second group
consists of those whose services are provided exclusively to the Master District
(hereinafter “Master District Service Providers”).
The following provision(s) shall apply to Master District Service Providers:
1. In all cases in which the established facts show a clear violation of the
Personnel Manual, its provisions shall apply and shall be administered
by the Town Manager alone in accordance with the Personnel Manual.
In addition to the Town’s Personnel Manual, the Master District has
established certain Standard Operating Procedures (SOPs) to be
followed by Master District Service Providers.
2. In cases where an alleged violation of the Personnel Manual is not
clearly defined by the facts but where an alleged violation of one or
more of the SOPs of the Master District exists, the input of the District
Manager shall be a prerequisite to any disciplinary measure taken for
such violation. Should the input of the District Manager result in a
conflict with the disciplinary measure proposed by the Town Manager,
then the conflict shall be resolved by referral of the matter to the
Master District Chairman for final disposition.
XI.
Liability; Insurance: Indemnification
The Town shall be responsible for the acts, negligence, and omissions of its
employees performing services in the operations of the Master District, unless
the acts or omissions were pursuant to operational standards or SOPs of the
Master District or District Manager or actions or omissions performed pursuant to
or under the direction, supervision, or instruction of the Master District or the
District Manager. If the acts or omissions were pursuant to operational standards
or SOPs of the Master District or District Manager, or the acts or omissions were
performed pursuant to or under the direction, supervision, or instruction of the
Master District or the District Manager, the Master District shall assume liability
for the acts, negligence or omissions of Town employees.
TCMUD No. 1 15 of 19 24 MARCH 2010
The parties to this Contract shall each individually obtain insurance, with
coverages as mutually agreed upon, that the parties determine will insure
themselves individually and collectively from liabilities related to and arising out
or this Contract and fulfill the indemnity obligations of each party, to the extent
allowed by law, under this Contract. Such insurance shall insure against liability
arising out of or related to the work performed by Town employees under this
Contract, with both parties named as additional insured under such insurance
policies.
To the extent allowed by law, both Town and Master District agree to defend,
indemnify and hold each other harmless from their respective negligence or
intentional conduct arising out of or related to this Contract and resulting in harm
to them individually or to a third party, including without limitation property
damage to the parties hereto or to a third party. The indemnity extends to all
costs and expenses incurred, including reasonable attorney's fees, to defend
against, settle or pay the claim asserted by another. In the event a claim is made
by another against either the Town or the Master District, written notice of the
claim shall immediately be given to the other party, in order that the other party
may determine whether its indemnity duty must be performed and in order to
allow the indemnitor to perform indemnity. If any part of the foregoing indemnity
shall be deemed or determined unenforceable or contrary to public policy by a
court of competent jurisdiction, then each party shall contribute to any judgment
according to its percentage of fault.
Neither Town nor Master District waive any immunity or defense that would
otherwise be available to it against claims arising from the exercise of
governmental powers and functions and nothing in this Agreement shall be
deemed a waiver of the governmental, sovereign, or official immunity afforded by
law to either Town or Master District.
XII.
Further Cooperation
The parties to this Contract agree to cooperate to sign and deliver any other
documents that may be necessary or appropriate to implement the provisions of
this Contract. In the event of a conflict under this Contract, the parties agree to
meet and discuss the identified conflict and to use reasonable efforts to resolve
the conflict in order to meet the needs of both the Master District and the Town.
XIII.
Termination
This Contract may be terminated by either party at any time upon thirty (30) days
written notice to the other party.
TCMUD No. 1 16 of 19 24 MARCH 2010
2008 New Intergovernmental Contract for Employee Services 9
XIV.
Execution and Date
This Contract is signed by the parties in multiple counterparts. This Contract is
dated and shall be effective for all purposes as of February 13, 2008.
TROPHY CLUB MASTER DISTRICT TOWN OF TROPHY CLUB, TEXAS
By: ___________________ By: __________________________
Carol Borges, Chair C. Nick Sanders, Mayor
Attest: Attest:
By: _______________________ By: ___________________________
Secretary, Board of Directors Town Secretary
Approved as to form: Approved as to form:
______________________________ _______________________________
Robert G. West, Attorney Patricia A. Adams, Town Attorney
Trophy Club Master District Town of Trophy Club, Texas
______________________________
Pamela Liston, Attorney
Trophy Club Master District
TCMUD No. 1 17 of 19 24 MARCH 2010
AMENDMENT TO NEW INTERGOVERNMENTAL
CONTRACT FOR EMPLOYEE SERVICES
This is an amendment to the New Intergovernmental Contract for
Employee Services (the “Contract”), with an effective date of February 13, 2008,
between Trophy Club Master District (the “Master District”) and the Town of
Trophy Club, Texas (the “Town”)
WHEREAS, the Master District and the Town desire to amend the
Contract to allow the option of having the District Manager become a Town
employee for all purposes, with the Town responsible for all salary, benefits, and
other compensation of the District Manager and with the District Manager subject
to the personnel policies of the Town.
WHEREAS, this amendment shall be considered effective as of
December 11, 2008.
WHEREAS, the parties to the Contract desire that the terms of the
Contract not expressly addressed in this Amendment shall continue in full force
and effect.
NOW, THEREFORE, the parties agree as follows:
1. Section III (Master District Management), is amended in its entirety
as follows:
Master District designates a Master District Manager to oversee the
operations of the Master District (hereinafter “District Manager”). The
District Manager may be an independent contractor, an employee of the
Master District or an employee of the Town. This Contract is not intended
to make any change in any separate contract that may exists now or in the
future between the Master District and the District Manager (“District
Manager Contract”). Whether the District Manager is an independent
contractor, employee of the Master District, or employee of the Town, the
District Manager shall report directly to the Board of Directors of the
Master District except where otherwise provided in this Agreement. The
person designated as the District Manager for the Master District shall be
supervised and directed by the Board of Directors of the Master District.
This Amendment is signed by the parties in multiple counterparts. This
Amendment is dated and shall be effective for all purposes as of December 11,
2008.
TCMUD No. 1 18 of 19 24 MARCH 2010
TROPHY CLUB MASTER DISTRICT TOWN OF TROPHY CLUB,
TEXAS
By: _____________________________ By: _______________________
Constance White Nick Sanders
Chairman, Board of Directors Mayor
Attest: Attest:
By: _____________________________ By:______________________
Mary Moore Lisa Hennek
Secretary, Board of Directors Town Secretary
Approved as to form: Approved as to form:
________________________________ __________________________
Robert G. West Patricia A. Adams, Town Attorney
Attorney for Trophy Club Master District Town of Trophy Club, Texas
__________________________________
Pamela Liston
Attorney for Trophy Club Master District
TCMUD No. 1 19 of 19 24 MARCH 2010