05-09-2023 (City Council) Agenda Packet Wylie City Council Regular Meeting
May 09,2023 —6:00 PM
Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY
CALL TO ORDER
INVOCATION&PLEDGE OF ALLEGIANCE
Invocation by Pastor Keith Spurgin,New Hope Church.
PRESENTATION TO OUTGOING COUNCILMEMBERS
Presentation of appreciation to outgoing Councilmembers Timothy"Toby" Wallis and Garrett Mize.
ISSUANCE OF CERTIFICATE OF ELECTIONS&ADMINISTRATION OF OATH OF OFFICE
Mayor-elect Matthew Porter, and Councilmembers-elect Sid Hoover,Place 5, and Gino Mulliqi,Place 6.
PRESENTATIONS &RECOGNITIONS
PRl. National Police Week.
PR2. Economic Development Week.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must
fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion.
There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda
and will be considered separately.
A. Consider, and act upon, approval of the April 25, 2023 Regular City Council Meeting minutes.
B. Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for additional Law
Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement No.
W9126G23Q0010 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional
Law enforcement Services from May 19, 2023 through September 9, 2023 for a sum not to exceed
$53,896.98.
C. Consider, and act upon, the approval of a request to construct a new residential structure on an existing lot
for retail/office use, located at 308 N. Ballard within the Downtown Historic District.
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D. Consider, and act upon,the approval of a request for substantial renovation to construct a new kitchen to an
existing residential structure,located at 304 W. Jefferson St. within the Downtown Historic District.
E. Consider, and act upon,the approval of an update to the 2023 Procurement Manual.
F. Consider, and act upon, the award of bid#W2023-22-B for Eubanks Lane Improvements from Hwy. 78 to
North Texas Municipal Water District Entrance Drive to McMahon Contracting, LP in the amount of
$3,444,832 and authorizing the City Manager to execute any and all necessary documents.
G. Consider, and act upon, the purchase of two (2) 2016 Horton Ford F550 ambulances from Siddons-Martin
Emergency Group in the amount of $247,403.00; and authorizing the City Manager to sign any and all
necessary documents.
H. Consider, and act upon, Resolution No. 2023-07(R) authorizing the purchase of a LIFEPAK 15 V4 Cardiac
Monitor and service agreement from Stryker Sales Corporation Medical Division,as a single source purchase
exempt from the competitive bid law pursuant to Local Government Code, Section 252.022(a),in the amount
of$50,926.68; and authorizing the City Manager to execute any necessary documents.
REGULAR AGENDA
1. Consider, and act upon, the appointment of Mayor pro tern for a term beginning May 2023 and ending May
2024.
2. Tabled from 04-25-2023
Remove from table and consider
Consider, and act upon, Ordinance No. 2023-17 for a change in zoning from Manufactured Home (MH)to
Commercial Corridor - Special Use Permit (CC-SUP) to allow for a motor vehicle fueling station with
convenience store and car wash on 1.793 acres,property located at 1001 S. Highway 78 (ZC 2023-05).
3. Consider,and act upon,Resolution No. 2023-08(R), approving a Chapter 380 Grant Agreement between the
City of Wylie and Agape Resource and Assistance Center, a Texas nonprofit 501(c)(3) tax exempt
corporation, and authorizing the City Manager to execute the Chapter 380 Grant Agreement.
4. Consider, and act upon,the appointment of a 2023 Board and Commissions City Council Interview Panel to
conduct the May 2023 board applicant interviews.
5. Consider, and act upon, the appointment of three-committee members to the City of Wylie City Council
Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District
City/Schools Partnerships Committee.
WORK SESSION
WS1. Discuss the potential development of 24 acres, generally located on the west side of Country Club Road
approximately 1200' north of Brown Street.
WS2. Discuss 4th of July Fireworks Show.
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
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Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
ES 1. Discuss property generally located in the area of Parker Rd. and Country Club Rd.
ES2. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 544/Cooper,
FM 544/Sanden,FM 1378/Parker,Jackson/Oak, and State Hwy 78/Brown.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay,or expand in or near the territory of
the governmental body and with which the governmental body is conducting economic development negotiations;
or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1).
ES3. Deliberation regarding commercial or financial information that the WEDC has received from a business
prospect and to discuss the offer of incentives for Projects: 2017-6a, 2021-5a, 2021-6a, 2021-6c, 2021-8a,
2021-9b, 2021-9f, 2022-1c, 2022-7b,2022-10d, 2023-la,2023-1c,2023-2d, 2023-3b, and 2023-4c.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on May 5, 2023 at 5:00 p.m. on the outside bulletin board at Wylie
City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the
public at all times.
Stephanie Storm, City Secretary Date Notice Removed
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.Hearing
impaired devices are available from the City Secretary prior to each meeting.
If during the course of the meeting covered by this notice, the City Council should determine that a closed or
executive meeting or session of the City Council or a consultation with the attorney for the City should be held or
is required, then such closed or executive meeting or session or consultation with attorney as authorized by the
Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,
hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting
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or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes
permitted by the Act, including,but not limited to,the following sanctions and purposes:
Texas Government Code Section:
§ 551.071 —Private consultation with an attorney for the City.
§ 551.072—Discussing purchase, exchange,lease or value of real property.
§ 551.074—Discussing personnel or to hear complaints against personnel.
§ 551.087—Discussing certain economic development matters.
§ 551.073—Discussing prospective gift or donation to the City.
§ 551.076—Discussing deployment of security personnel or devices or security audit.
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05/09/2023 Item A.
Wylie City Council
CITY OF
AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Stephanie Storm
Subject
Consider, and act upon, approval of the April 25, 2023 Regular City Council Meeting minutes.
Recommendation
Motion to approve the Item as presented.
Discussion
The minutes are attached for your consideration.
5
05/09/2023 Item A.
Wylie City Council Regular Meeting Minutes
April 25,2023 —6:00 PM
Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY OF
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:01 p.m. The following City Council members were
present: Councilman David R.Duke,Councilman Dave Strang,Mayor pro tern Jeff Forrester,Councilman Timothy
T. Wallis, and Councilman Garrett Mize(6:18 p.m.). Councilman Scott Williams was absent.
Staff present included: City Manager Brent Parker;Deputy City Manager Renae 011ie;Assistant City Manager Lety
Yanez; Police Chief Anthony Henderson; Assistant Fire Chief Brian Ritter; Public Works Director Tommy Weir;
Assistant Library Director Lisa Galletta; Finance Director Melissa Brown;Public Information Officer Craig Kelly;
City Secretary Stephanie Storm; City Engineer Tim Porter; Community Services Director Jasen Haskins;Parks and
Recreation Director Carmen Powlen;Wylie Economic Development Executive Director Jason Greiner;and various
support staff.
INVOCATION&PLEDGE OF ALLEGIANCE
Mayor pro tern Forrester led the invocation and Councilman Wallis led the Pledge of Allegiance.
PRESENTATIONS &RECOGNITIONS
PRI. Small Business Week.
Mayor Porter presented a proclamation proclaiming April 30-May 6, 2023 as National Small Business Week in
Wylie, Texas. Members of the Wylie Chamber of Commerce, WEDC staff and board members, the Downtown
Merchants Association, and small business owners were present to accept the Proclamation.
PR2. Military Brats Month.
Mayor Porter recognized April 2023 as Military Children's/Brats Month in Wylie, Texas.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must
fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
There were no citizens present wishing to address the Council.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion.
There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda
and will be considered separately.
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05/09/2023 Item A.
A. Consider, and act upon, approval of the April 11,2023 Regular City Council Meeting minutes.
B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of March 31,2023.
C. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for March 31,
2023.
D. Consider, and place on file,the City of Wylie Monthly Investment Report for March 31,2023.
E. Consider, and act upon, Ordinance No. 2023-16 for a change in zoning from Commercial Corridor
(CC)to Commercial Corridor-Special Use Permit(CC-SUP)to allow for a restaurant with drive-thru
on 0.7866 acres,property located at 3008 W FM 544 (ZC 2023-04).
F. Consider, and act upon, Ordinance No. 2023-17 for a change in zoning from Manufactured Home
(MH) to Commercial Corridor - Special Use Permit (CC-SUP) to allow for a motor vehicle fueling
station with convenience store and car wash on 1.793 acres, property located at 1001 S. Highway 78
(ZC 2023-05).
G. Consider, and act upon, Ordinance No. 2023-18 for a change in zoning from Commercial Corridor
(CC) to Commercial Corridor - Planned Development (CC-PD) on 10.485 acres generally located on
the southeast corner of State Highway 78 and Kreymer Lane(ZC 2023-02).
H. Consider, and place on file,the Animal Shelter Advisory Board report to City Council.
I. Consider, and place on file,the Animal Shelter Advisory Board Bylaws and Rules of Procedure.
Mayor Porter announced comment forms were submitted for Items E,F, and G.Mayor pro tern Forrester requested
Items E,F, and G be pulled from the Consent Agenda and considered individually.
Council Action
A motion was made by Mayor pro tern Forrester,seconded by Councilman Duke,to approve Consent Agenda Items
A-D,H, and I as presented. A vote was taken and the motion passed 6-0 with Councilman Williams absent.
REGULAR AGENDA
E. Consider, and act upon, Ordinance No. 2023-16 for a change in zoning from Commercial Corridor
(CC)to Commercial Corridor-Special Use Permit(CC-SUP)to allow for a restaurant with drive-thru
on 0.7866 acres,property located at 3008 W FM 544 (ZC 2023-04).
Citizen Comments
Red Byboth, a local commercial property owner, addressed Council requesting they take into consideration that
some tracts are not as easy to develop as others, and within reason,the City cannot tell a property owner what they
can or cannot do with their property.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve Item E as presented.
A vote was taken and the motion passed 5-1 with Councilman Mize voting against and Councilman Williams absent.
F. Consider, and act upon, Ordinance No. 2023-17 for a change in zoning from Manufactured Home
(MH) to Commercial Corridor - Special Use Permit (CC-SUP) to allow for a motor vehicle fueling
station with convenience store and car wash on 1.793 acres, property located at 1001 S. Highway 78
(ZC 2023-05).
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05/09/2023 Item A.
Citizen Comments
Red Byboth addressed Council stating this is a triangular piece of land and is not as easy to develop as other tracts
in the City, and added it appears that it will be a good reputable development. Byboth added that he believes the
benefits of the development will outweigh the detriments.
Doug Whitby,representing the owner of the mobile home park that is next to the proposed development, addressed
Council requesting the Council table this item to a future meeting to give them more time and to have the owner of
the business present to address the Council.
Devan Pharis,representing Estacado Interests, addressed Council adding the owner of the mobile home park is not
able to attend this evening and requested the Council table this item to May 9, 2023.
Council Comments
Councilman Duke requested Council reconsider this item based on the concerns expressed at the previous meeting
and added he had traffic concerns. Mayor Porter confirmed that a Traffic Impact Analysis (TIA) has not been
completed.Pharis replied a TIA has not been completed yet as they are timely and expensive,but they fully intend
on doing one if the request for the Special Use Permit is approved. Ferris added a TIA is required by TxDOT.
Councilman Mize added at the last meeting he expressed concerns about sound disturbances, and after thinking
about the decibels further,his concerns have been eased.
Council Action
A motion was made by Councilman Duke, seconded by Councilman Mize,to table Item F to the May 9, 2023 City
Council meeting.A vote was taken and the motion passed 5-1 with Councilman Strang voting against and Williams
absent.
G. Consider, and act upon, Ordinance No. 2023-18 for a change in zoning from Commercial Corridor
(CC) to Commercial Corridor - Planned Development (CC-PD) on 10.485 acres generally located on
the southeast corner of State Highway 78 and Kreymer Lane(ZC 2023-02).
Citizen Comments
Red Byboth addressed Council stating he fails to see the difference between this item and the others when it comes
to concerns expressed, added he is all for smart commercial development, and thanked Council for serving.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Mize, to approve Item G as presented.
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
1. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water
District(NTMWD)Board to fill an expired term of June 1,2023 to May 31,2025.
Council Comments
Mayor Porter requested current board member Keith Stephens come forward to speak on some items the NTMWD
Board is currently working on. Stephens addressed Council stating he served as the Water Committee Chair last
year, and the Personnel Committee Chair this year. Currently, they have water supply secured until 2035 and are
planning for out to 2050.Mayor pro tern Forrester asked how long the process for Bois D'Arc Lake took. Stephens
responded it took about 14 years to get the lake to completion, and added this will be the first reservoir that the
NTMWD District will manage. Council thanked Mr. Stephens for his service and thanked his spouse for her
support.
Council Action
A motion was made by Mayor Porter, seconded by Mayor pro tern Forrester,to appoint Keith Stephens to the North
Texas Municipal Water District(NTMWD) Board of Directors for a term to begin June 1, 2023 and end May 31,
2025. A vote was taken and the motion passed 6-0 with Councilman Williams absent.
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05/09/2023 Item A.
2. Consider, and act upon, Ordinance No. 2023-19, amending Wylie's Code of Ordinances, Ordinance
No. 2021-17,as amended,Chapter 78(Parks and Recreation),Article IX(Cemeteries)to Disband and
remove the Cemetery Advisory Board.
Staff Comments
Deputy City Manager 011ie addressed Council stating a Cemetery Advisory Board was created to acquire and
maintain the cemeteries located in Wylie. After further discussion and research about the transition, some issues
arose including title insurance and staff time required; therefore, it was determined that the City would not pursue
the transition to acquire the cemeteries. 011ie reported she did meet with the Cemetery Advisory Board in April to
discuss this with them and they directed staff to bring an ordinance before Council to disband the Cemetery
Advisory Board. 011ie added the City does own four cemeteries that are not active but are historical, which will
allow for future volunteer opportunities.
Council Comments
Mayor Porter added he appreciates staff and the Board's work on this but understands the concerns that have arisen.
Mayor pro tern Forrester requested that staff communicate to the Board members that there are other boards that
they can apply to serve on.
Council Action
A motion was made by Councilman Strang, seconded by Councilman Duke,to approve Item 2 as presented.A vote
was taken and the motion passed 6-0 with Councilman Williams absent.
Mayor Porter recessed the Council into a break at 6:51 p.m.
Mayor Porter reconvened the Council into Regular Session at 6:56 p.m.
WORK SESSION
Mayor Porter convened the Council into a Work Session at 6:56 p.m.
WSI. Discuss results of the Downtown Drainage Study.
Robert Armstrong and Gabriela Bell,representing Huitt-Zollars, Inc., addressed Council giving a presentation on
the Downtown Historic Area Drainage Master Plan including the project background,goals,presentation overview,
existing conditions including the project area-downtown east and west; fully developed conditions including future
downtown development, downtown east, and downtown west; proposed improvements including Option 1:
Underground Detention with an estimated construction cost of$7,300,000 and an estimated design fee of$460,000,
Option 2: Reinforced Concrete Box (RCB) storage under streets with an estimated cost of$17,400,000 and an
estimated design fee of $1,150,000, Option 3: Aboveground and Underground Detention with an estimated
construction cost of$5,600,000 and an estimated design fee of$340,000, and Option 3A: Aboveground (vertical
walls) and Underground Detention with an estimated construction cost of$6,100,000 and an estimated design fee
of$370,000; cost estimate summary; concepts for areas outside of downtown including Douglas Court/Akin Lane,
Douglas Drive, and 1st Street/Stone Road.
Council questions included does the proposed cost include the cost of repaving parking lots and streets, regarding
the Future Downtown Development what extent of ground coverage was used; along Birmingham Street, Lot 3,
has that been looked at becoming detention in the future; if Option 1: Underground Detention were are inlets
proposed;what is the cost to run inlets for a block; and asked if there was a way to do a groundwater recapture and
reuse in that area.
Council feedback included communicating with NTMWD and EDC about detention in the area and bringing back
a phased approach taking into consideration the upcoming projects in the area.
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05/09/2023 Item A.
RECONVENE INTO REGULAR SESSION
Mayor Porter reconvened the Council into Regular Session at 7:52 p.m.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive session at 7:53 p.m. and invited Councilmembers-elect Sid
Hoover and Gino Mulliqi.
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
ES1. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM
544/Cooper, FM 544/Sanden, FM 1378/Parker, Jackson/Oak, Regency/Steel, State Hwy 78/Alanis,
State Hwy 78/Ballard, and State Hwy 78/Brown.
ES2. Discussion concerning real property for the FM 544 Capital Improvements Project.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay,or expand in or near the territory of
the governmental body and with which the governmental body is conducting economic development negotiations;
or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1).
ES3. Deliberation regarding commercial or financial information that the WEDC has received from a
business prospect and to discuss the offer of incentives for Projects: 2021-2d, 2021-5a, 2021-6a, 2021-
6c, 2021-8a, 2021-9b, 2021-9f, 2022-1b, 2022-1c, 2022-7b, 2022-10d, 2023-1a, 2023-1b, 2023-ic, 2023-
ld, 2023-2d,2023-3a,2023-3b, and 2023-4a.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Porter reconvened the Council into Open Session at 9:17 p.m.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Storm read the captions to Ordinance Nos. 2023-16,2023-18, and 2023-19 into the official record.
ADJOURNMENT
A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to adjourn the meeting at 9:19
p.m. A vote was taken and the motion passed 6-0 with Councilman Williams absent.
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05/09/2023 Item A.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
11
05/09/2023 Item B.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Police Account Code:
Prepared By: Anthony Henderson
Subject
Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for additional Law Enforcement
Services,between the City of Wylie,Lavon Lake,Texas initiates Agreement No.W9126G23Q0010 and the U.S. Army Corps
of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 19, 2023 through
September 9, 2023 for a sum not to exceed$53,896.98.
Recommendation
I otion to approve the item as presented.
Discussion
he U.S. Army Corps of Engineers has awarded the City of Wylie a $53,896.98 contract for extended law enforcement
services,totaling 668 hours. The contract requires Officers to concentrate their patrols in the lake parks and properties deemed
in the City of Wylie,Texas jurisdiction and to provide protection and enforce laws and ordinances. The hourly rate of$80.68
charged by the City of Wylie covers all officer overtime wages.
12
05/09/2023 Item B.
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 18
OFFEROR TO COMPLETE BLOCKS 12, 17, 23,24,AND 30 W45XMA30863821
2.CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION ISSUE DATE
W9126G23P0050 21-May-2023 W9126G23Q0010 14-Feb-2023
7.FOR SOLICITATION a NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: DAISY CIARLARIELLQ
817-886-6592 10:00 AM 14 Mar 2023
9. ISSUED BY CODE W9126G 10.THIS ACQUISITION IS X UNRESTRICTED OR n SET ASIDE: %FOR:
US ARMY CORPS OF ENGINEERS FORT WORTH -WOMEN-OWNED SMALL BUSINESS(WOSB)
819 TAYLOR ST,CT OFC RM 2A17 SMALL BUSINESS ELIGIBLE UNDER THE WOMEN-OWNED
-SMALL BUSINESS PROGRAM
FORT WORTH TX 76102-0300
HUBZONE SMALL - NAICS:
_ BUSINESS EDWOSB 922120
TEL: SERVICE-DISABLED -
VETERAN-OWNED 8(A) SIZE STANDARD:
FAX: (817)886-6403 SMALL BUSINESS -
11.DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS _ 13b.RATING
TION UNLESS BLOCK IS Net 30 Days 13a.THIS CONTRACT IS A
MARKED RATED ORDER UNDER
DPAS(15 CFR 700) 14. METHOD OF SOLICITATION
SEE SCHEDULE X RFQ IFB RFP
15.DELIVER TO CODE 967430 16.ADMINISTERED BY CODE
LAVON LAKE PROJECT OFFICE
MICHAEL KINARD
3375SKYVIEWDRIVE SEE ITEM 9
WYLIE TX 75098-5775
17a.CONTRACTOR/ CODE 311 B5 FACILITY 18a. PAYMENT WILL BE MADE BY CODE 964145
OFFEROR CODE
CITY OF WYLIE USACE FINANCE CENTER MILLINGTON
LT. MATT MILLER ATTN:CEFC-AO-P
300 COUNTRY CLUB DR 5722 INTEGRITY DRIVE
WYLIE 1-X75098-3000 MILLINGTON TN 38054-5005
TELRI IONE NO.972-442-8170
- 17b.CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.UNLESS BLOCK
SUCH ADDRESS IN OFFER BELOW IS CHECKED n SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES!SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
25.ACCOUNTING AND APPROPRIATION DATA 26.TOTAL AWARD AMOUNT(For Govt.Use Only)
See Schedule $53,896.98
-27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3.52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
- 28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29.AWARD OF CONTRACT:REF.
-COPIES TO ISSUING OFFICE.CONTRACTOR AGREES TO FURNISH AND -OFFER DATED . YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b.NAIVE AND TIME OFSIGNER 30c.DATESIGNED 3ib. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31o. DATE SIGNED
(TYPE OR PRINT) JAMAUH D WINSTON / Contract Specialist
TEL: (81.7) 886-1472 21-Apr-2023
EMAIL: jamauh.winston@usace.army.mil
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)
MEVIOUS EDITION IS NOT USABLE Prescribed by GSA-FAR(48 CFR)53.2'
1
05/09/2023 Item B.
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF18
(CONTINUED)
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
32a.QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
_ACCEPTED,AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b.SIGNATURE OF AUTHORIZED GOVERNMENT 32c.DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e.MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33.SHIP NUMBER 34.VOUCHER NUMBER 35.AMOUNT VERIFIED 36. PAYMENT 37.CHECK NUMBER
CORRECT FOR
n COMPLETE n PARTIAL n FINAL
IPARTIAL I I FINAL I I I I I I
38.S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a.RECEIVED BY (Print)
41b.SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c.DATE
42b.RECEIVED AT(Location)
42c.DATE REC'D (YY/MM/DD) 42d.TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012) BACK
FREVIOUS EDITION IS NOT USABLE Prescribed by GSA—FAR(48 CFR)53.212
14
05/09/2023 Item B.
W9126G23P0050
Page 3 of 19
Section SF 1449-CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 668 Hours $80.6841 $53,896.98
FY23 Increased Law Enforcement
FFP
The Contractor shall provide all personnel, equipment,supplies,
facilities,transportation,tools,materials, supervision,and other items and non-
personal services necessary to perform increased law enforcement services as
defined in this Performance Work Statement except for those
items specified as government furnished property and services. The Contractor
shall perform to the standards in this contract.
FOB:Destination
MILSTRIP:W45XMA308638210001
PURCHASE REQUEST NUMBER: W45XMA30863821
PSC CD: R499
NET AMT $53,896.98
ACRN AA $53,896.98
CIN:W45XMA308638210001
CONTRACTING OFFICER STATEMENT
Only a warranted Contracting Officer(either a Procuring Contracting Officer(PCO),or an Administrative
Contracting Officer(ACO),acting within their delegated limits, has the authority to issue modifications or
otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer
attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and
shall immediately notify the Contracting Officer.
15
05/09/2023 Item B.
W9126G23P0050
Page 4 of 19
ACCOUNTING AND APPROPRIATION DATA
AA:96X31230000 082455 251025DJL8009580 NA 96412
AMOUNT:$53,896.98
ACRN CLIN/SLIN CIN AMOUNT
AA 0001 W45XMA308638210001 $53,896.98
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government LAVON LAKE PROJECT OFFICE Government
3375 SKYVIEW DRIVE
WYLIE TX 75098-5775
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC/
CAGE
0001 POP 21-MAY-2023 TO N/A LAVON LAKE PROJECT OFFICE 967430
11-SEP-2023 MICHAEL KINARD
3375 SKYVIEW DRIVE
WYLIE TX 75098-5775
972-442-3141
FOB: Destination
16
05/09/2023 Item B.
Ct)
Po
C PIT V,
TO: U.S. Army Corps of Engineers DATE: February 21, 2023
SUBJECT: Contract for Increased Law Enforcement Services 2023
Contract Number: W9126G23Q0010
Labor:
Patrol Officers: 668 hrs. x$63.00 hr. $42,084.00
(Average Off rate for Officers working this contract)
FICA/Medicare: 0.0765 x$42,084.00 $ 3,219.43
TMRS: 0.1550 x$42,084.00 $ 6,523.02
Worker's Comp: .0435 x $42,084.00 $ 1,830.65
Long Term Disability: .0057 x $42,084.00 $ 239.88
Total: $ 11,812.98
Total Contract: $53,896.98
Labor: $53,896.98 /668 hrs. $ 80.68 per hour
Anthony Henderson
/ /
-
Chief of Police
Wylie Police Department
17
05/09/2023 Item B.
PERFORMANCE WORK STATEMENT (PWS)
Wylie PD Law Enforcement Services, Wylie Texas
Lavon Lake
2023
1. GENERAL: This is a non-personal services contract to provide increased law
enforcement services at Lavon Lake. The Government shall not exercise any
supervision or control over the contract service providers performing the services
herein. Such contract service providers shall be accountable solely to the Contractor
who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The Contractor shall provide all personnel,
equipment, supplies, facilities, transportation, tools, materials, supervision, and other
items and non-personal services necessary to perform increased law enforcement
services as defined in this Performance Work Statement (PWS) except for those
items specified as Government furnished property and services. The Contractor
shall perform to the standards in this contract.
1.2. Scope: Wylie Police Department (Contractor) agrees to provide a specific level
of increased law enforcement services for that part of Lavon Lake lying within the
City of Wylie's jurisdiction for the purpose of enforcement of State and local criminal
and civil laws. Services include vehicular patrol by the contractor of the interior
roads of East Fork, Avalon, Lavonia, Mallard, Little Ridge, Pebble Beach Parks,
Stilling Basin, Dam, and Lavon Headquarters. The contractor shall accomplish
enforcement of state and local laws, warnings for Title 36 violations, monitoring of
visitor use to increase public safety, and assisting Corps of Engineers rangers with
their visitor assistance duties if requested. When requested by the Corps of
Engineers representative, the Police Department agrees to dispatch an officer or
officers, within his manpower capabilities, to unforeseen or emergency situations.
This assistance will be considered non-reimbursable.
1.3 Period of Performance: Contractor shall provide described services on certain
days of the week from 19 May 2023 through 9 September 2023, for a total of 668
patrol hours, further specified in Appendices A & B to this PWS. Effective start date
is 19 May 2023 or after the contractor has been notified by the Contracting
Officer, Fort Worth District, that the contract has been executed, whichever is
later. Patrols will be conducted based on the attached schedule (See Appendices A
and B).
1.4 General Information:
1.4.1 Quality Control: (Not applicable)
18
05/09/2023 Item B.
1.4.2 Quality Assurance: The Contractor will prepare a Daily Enforcement Action
Summary (DEAS) in accordance with the attached format (Appendix C) or format
accepted by the Quality Assurance Point of Contact (QA POC). In addition, the
Contractor will prepare a Daily Patrol Log to include but not limited to; start time
of shift, end time of shift, time in/time out of location or action area, location, and
description of activities and actions in format currently used by the agency. The
DEAS, Patrol logs, and associated Call Reports will be completed daily and
submitted at the close of each month to the Corps of Engineers QA POC listed in
paragraph 1.4.11 of this plan. Any arrest or serious incident report should be
forwarded to the Lavon Lake Office upon completion of the initial report. The
Government shall evaluate the contractor's performance under this contract in
accordance with the Quality Assurance Surveillance Plan. This plan is primarily
focused on what the Government must do to ensure that the contractor has
performed in accordance with the performance standards. It defines how the
performance standards will be applied.
1.4.3 Government Holidays: Contractor will be required to perform services on
those Federal holidays falling during the contract period, namely, Memorial Day,
Independence Day and Labor Day (see Appendices A and B).
1.4.4 Hours of Operation: (Not applicable)
1.4.5 Place of Performance: The work to be performed under this contract will be
performed at Corps-administered lands in Wylie Police Department's jurisdiction
as specified in Para. 1.2. State and local law enforcement agencies generally
have the same authority and responsibilities on Corps administered lands as they
do elsewhere in their respective jurisdictions. Because of this, requests by the
Lake Manager or his authorized representatives for emergency or unanticipated
law enforcement assistance will be considered non-reimbursable. (e.g. officers
responding to a call on Government property after the scheduled patrol hours, or
officers working a call on Government property and which requires them to stay
past the scheduled patrol time, etc.).
1.4.6 Type of Contract: The Government will award a firm fixed price contract.
1.4.7 Security Requirements: This contract does not require Contractor
personnel to have access to or enter secured Government facilities such as dam
outlet structures, powerhouses, etc. Contractor personnel shall follow locally
established security policies and procedures such as key control and security of
lock combinations.
1.4.7.1 General security requirements and guidance: The security
requirements described below apply to all contract personnel (including
employees of the prime Contractor ("Contractor") and all subcontractor
employees) supporting the performance requirements of this contract. The
Contractor is responsible for compliance with these security requirements.
2
19
05/09/2023 Item B.
Questions regarding security matters shall be addressed to the designated
Government representative (e.g., Contracting Officer Representative
(COR), Requiring Activity (RA) representative, or Contracting Officer (if a
COR or other RA representative is not appointed)). Contract personnel are
critical to the overall security and safety of US Army Corps of Engineers
(USACE) installations, facilities and activities, and security awareness
training contributes to those efforts. The Department of Defense (DoD)
and Army security training requirements specified below, if applicable, are
performance requirements; all applicable contract personnel shall
complete initial training within 30 days of contract award or the date new
contract personnel begin performance on the contract. Within five
business days from the completion of training, the Contractor shall provide
written documentation (e.g., email or memorandum) to the Government
representative. The documentation shall include the names of contract
personnel trained and which training they completed; the Contractor shall
maintain training records as part of their contract files and be prepared to
provide copies of training certificates to the Government representative.
Contractor personnel and vehicles are subject to search when entering
federal installations. Additionally, all contract personnel shall comply with
Force Protection Condition (FPCON) measures, Random Antiterrorism
Measures (commonly referred to as "RAMs"), and Health Protection
Condition (HPCON) measures. The Contractor is responsible for meeting
performance requirements during elevated FPCON and/or HPCON levels
in accordance with applicable RA plans and procedures—this includes
identifying mission essential and non-mission essential personnel. In
addition to the changes otherwise authorized by the changes clause of
this contract, should the FPCON or HPCON levels at any individual facility
or installation change, the Government may implement security changes
that affect contract personnel. The Contractor shall ensure all contract
personnel are aware of their security responsibilities, including any site-
specific requirements identified in local policies or procedures.
1.4.7.2 Antiterrorism (AT) Level I training: All contract personnel
requiring routine access to Army installations, facilities, and controlled
access areas, or requiring network access shall complete initial and
annual refresher AT Level I awareness training. Online AT Level I
awareness training is available at https://jko.jten.mil/ (website subject to
change).
1.4.7.3 Physical security and access control requirements: All
contract personnel requiring physical access to a federal installation or
facility shall comply with the access control procedures of that location.
Contract personnel requiring unescorted access to meet contract
performance requirements on a DoD installation in the US shall be vetted
by the installation/facility Provost Marshal/Directorate of Emergency
Services/Security Office using the National Crime Information Center-
3
20
05/09/2023 Item B.
Interstate Identification Index (commonly referred to as "NCIC-III") and
Terrorist Screening Database (commonly referred to as "TSDB"). Contract
personnel shall comply with all personal identity verification requirements
specified in installation/facility policies and procedures. Contract personnel
who do not meet requirements for unescorted access to USACE facilities
shall coordinate escorted access with the Government representative, as
needed. Contract personnel who receive keys, access cards, or lock
combinations that provide access to Government-owned property shall
comply with key and lock control procedures of the RA.
1.4.7.3 Suspicious Activity Reporting training (e.g. iWATCH,
CorpsWatch, or See Something, Say Something): All contract
personnel shall receive initial and annual refresher training from the RA
representative on the local suspicious activity reporting program. This
locally developed training provides contract personnel with general
information on suspicious behavior, and guidance on reporting suspicious
activity to the project manager, security representative or law enforcement
entity.
1.4.7.4 Pre-screen candidates using E-Verify Program: Contractors
shall comply with the requirements set forth in FAR clause 52.222-54
Employment Eligibility Verification and FAR Subpart 22.18 in using the E-
Verify Program at (https://www.e-verify.gov/) (website subject to change)
to meet the contract employment eligibility requirements. Contractors are
encouraged to cooperate with Federal and State agencies responsible for
enforcing labor requirements to include eligibility for employment under
United States immigration laws in accordance with FAR 22.102-1(i). An
initial list of verified/eligible candidates shall be provided to the COR no
later than three business days after the initial contract award. When
contracts are with individuals, the individuals will be required to complete a
Form 1-9, Employment Eligibility Verification, and submit it to the
Contracting Officer to become part of the official contract file.
1.4.7.5 Key Control: Government keys provided to the contractor will be
issued and controlled in accordance with IAW AR 190-51. The Contractor
shall establish and implement methods of making sure all keys issued to
the Contractor by the Government are not lost or misplaced and are not
used by unauthorized persons. Keys issued to the Contractor by the
Government shall NOT be duplicated. The Contractor shall develop
procedures covering key control that shall be provided in writing to the
Lake Security Officer. Such procedures shall include turn-in of any issued
keys by personnel who no longer require access to locked areas. The
Contractor shall immediately report any occurrences of lost or duplicate
keys to the Contracting Officer.
4
21
05/09/2023 Item B.
(a) The Contractor shall prohibit the use of Government issued
keys by any persons other than the Contractor and team
member. The Contractor shall prohibit the opening of locked
areas by persons other than the Contractor and team member.
1.4.8 Sustainability
Not applicable.
1.4.9 Special Qualifications: All Contractor personnel shall be currently certified
and licensed Texas Peace Officers in accordance with the requirements of the
Texas Commission on Law Enforcement (TCOLE). TCOLE standards meet or
exceed E-verify and background check requirements established by the
Department of Homeland Security. The Contractor will provide, in advance, the
Corps representative designated in paragraph 1.4.12 the name of each Officer
who will be performing scheduled work under this contract.
1.4.10 Post Award Conference/Periodic Progress Meetings: The Contractor
agrees to attend any post award conference convened by the contracting activity
or contract administration office in accordance with Federal Acquisition
Regulation Subpart 42.5. The Contracting Officer, QA POC, and other
Government personnel, as appropriate, may meet periodically with the contractor
to review the contractor's performance. At these meetings the Contracting
Officer will apprise the contractor of how the Government views the contractor's
performance and the contractor will apprise the Government of problems, if any,
being experienced. Appropriate action shall be taken to resolve outstanding
issues. These meetings shall be at no additional cost to the Government.
1.4.11 Contracting Officer Representative (COR): A COR will not be appointed
for this contract. Quality Assurance duties will be performed by the QA POC
designated in Paragraph 1.4.12.
1.4.12 Key Personnel: The following personnel are considered key personnel by
the Government and will serve as the Corps COR (as applicable): Stephen
Perrin, Lead Park Ranger, Lavon Lake; Corps QA POC: David Walker, Park
Ranger, Lavon Lake. The contractor shall provide a contract manager who shall
be responsible for the performance of the work. The name of this person and an
alternate who shall act for the contractor when the manager is absent shall be
designated in writing to the Contracting Officer. The contract manager or
alternate shall have full authority to act for the contractor on all contract matters
relating to daily operation of this contract.
5
22
05/09/2023 Item B.
1.4.13 Identification of Contractor Employees: All officers performing services
under this contract shall wear standard uniforms and personal identification
normally worn and carried by the law enforcement agency. All patrol vehicles
shall have standard insignia and markings normally used by the law enforcement
agency.
1.4.14 Contractor Travel: (Not applicable):
1.4.15 Data Rights: (Not applicable)
1.4.16 Organizational Conflict of Interest: (Not applicable)
1.4.17 Invoicing: Contractor shall submit 1 copy of the invoice along with the
daily log sheets and call reports no later than the 5th of every month for the
previous calendar month. Invoice should be sent to the following address:
US Army Corps of Engineers Lavon Lake
Attn: Michael Kinard
3375 Skyview Drive
Wylie, Texas 75098
1.5. GOVERNMENT FURNISHED ITEMS AND SERVICES: (Not applicable)
1.6 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
1.6.1 General: The Contractor shall furnish all manpower, vehicles, supplies,
equipment, facilities and services required to perform work under this contract.
1.6.2 Equipment: The Contractor shall provide all patrol vehicles and equipment
required to perform services under this contract. All such vehicles shall have
standard insignia and markings normally used by the law enforcement agency.
Patrol vehicles shall also be equipped with standard law enforcement type lights,
radios, and any other standard equipment necessary to perform the required
services. The Contractor shall be responsible for all vehicle costs, including
insurance, fuel, service and maintenance, and any other costs associated with
the operation of each vehicle.
1.6.3. Materials: (Not applicable).
1.7 CONTRACTOR MANAGEMENT REPORTING (CMR): (Not applicable)
1.8 APPLICABLE PUBLICATIONS (CURRENT EDITIONS): (Not applicable)
6
23
05/09/2023 Item B.
1.9 ATTACMENTS/TECHNICAL EXHIBITS AND APPENDICES:
1.9.1 Attachment 1/Technical Exhibit 1 — Performance Requirements Summary
1.9.2 Attachment 2/Technical Exhibit 2 — Deliverables Schedule
1.9.3 Appendix A— Patrol Schedule
1.9.4 Appendix B — Hours by Month
1.9.5 Appendix C — Daily Enforcement Action Summary
2.0 MISCELLANEOUS PROVISIONS:
2.1 Orientation: An appropriate orientation for all participating contract personnel
will be conducted by the Corps of Engineers staff to familiarize the Contractor with
the policies and procedures of the Corps, and to familiarize Corps personnel with
the functions and duties of the contracted law enforcement agency.
7
24
05/09/2023 Item B.
TECHNICAL EXHIBIT 1
Performance Requirements Summary
The contractor service requirements are summarized into performance objectives that
relate directly to mission essential items. The performance threshold briefly describes
the minimum acceptable levels of service required for each requirement. These
thresholds are critical to mission success.
Performance Standard Performance.Threshold Method of
Objective Surveillance
The contractor shall The contractor All required shifts were Contractor's Daily
provide additional provides visible covered and the specified Enforcement Action
patrolling presence and verifiable contract services were Summaries turned in
and discretionary law presence and performed. Contractor by Contractor will be
enforcement actions actions in the coordinated in advance with examined by QA POC
in specified areas to designated areas Corps key personnel in the to ensure accuracy
help keep the peace at the specified event of an unforeseen prior to authorizing
and increase public days and times. event which prevented an payment.
safety in parks and officer from serving all or
other designated part of a shift, which would
Corps areas IAW not be billable to the
para 1.2. Government.
8
25
05/09/2023 Item B.
TECHNICAL EXHIBIT 2
DELIVERABLES SCHEDULE
Number of Medium /
Deliverable Frequency Copies Format Submit To
Contract Once within 5 One copy Hard copy, US Army Corps of
manager and days of FAX, or Engineers
alternate contract award email Attn: Michael Kinard
designated in 3375 Skyview Drive
writing IAW Wylie, Texas 75098
para 1.4.12
Invoice for Submitted to One copy of Hard copy, US Army Corps of
contract Corps by the the invoice, FAX, or Engineers
services 5th of every submitted to email Attn: Michael Kinard
performed; month, listing the Corps QA 3375 Skyview Drive
includes billing contract POC Wylie, Texas 75098
start/end dates, services
hours worked, performed
total charges during the
IAW para previous
1.4.17 calendar
month.
Daily To Corps with One copy Hard copy, US Army Corps of
Enforcement monthly FAX, or Engineers
Action invoice email Attn: Michael Kinard
Summaries, 3375 Skyview Drive
Daily Logs, and Wylie, Texas 75098
Call Reports
IAW para 1.4.2
9
26
05/09/2023 Item B.
PERFORMANCE WORK STATEMENT
APPENDIX A
PATROL SCHEDULE
2023
BEGINS ON NEXT PAGE
10
27
05/09/2023 Item B.
tandsy onday 'Tuesday n sdsy "Thursday Friday sturday
1 2 3 4 5 6
7 8 9 10 11 12 l 13
14 15 16 17 18 19 20
1400-1800=4 hrs
1400-1800=4 hrs 1800-2200=4 hrs
1800-2200=4hrs 1800-2200=4 hrs
21 22 23 24 25 26 27
1400-1800=4 hrs 1400-1800=4 hrs 1400-1800=4 hrs
1800-2200=4 hrs 1800-2200=4hrs 1800-2200=4 hrs
1800-2200=4 hrs 1800-2200=4 hrs 1800-2200=4 hrs 1800-2200=4hrs 1800-2200=4 hrs
28 29 30 31
100 -14 0= 4hrs
1400-1800=4 hrs 1400-1800=4 hrs
1800-2200=4 hrs 1800-2200=4hrs 24 shifts x 4 hrs
1800-2200=4 hrs 18 -2 =4hrs 1800-2200=4 hrs = 96 hrs
11
28
05/09/2023 Item B.
NNN � . . � wwww wwwwwwu
unday onday Tuesday s•n slay "Thursday Friday a urday
1 2 3
1400-1800=4 hrs
1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
4 5 6 7 8 9 10
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
11 12 13 14 15 16 17
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
18 19 20 21 22 23 24
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1 -2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
25 26 27 28 29 30
1400-1800=4 hrs
1400-1800=4 hrs 1800-2200=4hrs 40 shifts x 4 hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs = 160 hrs
12
29
05/09/2023 Item B.
wwwwww
u id y _ o id ym Tuesday ednssdsy e Thursday Friday tard y
1
1400-1800=4 hrs
1800-2200=4hrs
1800-2200=4hrs
2 3 4 5 6 7 8
1000-1400= 4hrs
1400-1800=4 hrs 1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4hrs 1 0 -22 =4hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4 hrs 1800-2200=4hrs 1 -2 =4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
9 10 11 12 13 14 15
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
16 17 18 19 20 21 22
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
23 24 25 26 27 28 29
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
30 31
1400-1800=4 hrs 47 shifts x 4 hrs
1800-2200=4hrs 1800-2200=4hrs = 188 hrs
13
30
05/09/2023 Item B.
,NN wwwwwwwwwwwwwwwwwwwwwa
u day o idsy Tuesday ednesday Thursday Friday Saturday
1 2 3 4 5
1400-1800=4 hrs
1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
6 7 8 9 10 11 12
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
13 14 15 16 17 18 19
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
20 21 22 23 24 25 26
1400-1800=4 hrs
1400-1800=4 hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
27 28 29 30 31
1400-1800=4 hrs 37 shifts x 4 hrs
1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 148 hrs
14
31
05/09/2023 Item B.
• r 1 r
unday onday Tuesday ednesday Thursday FridaySaturday
1 2
1400-1800=4 hrs
1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1800-2200=4hrs
3 4 5 6 7 8 9
1000-1400= 4hrs
1400-1800=4 hrs 1400-1800=4 hrs 1400-1800=4 hrs
1800-2200=4hrs 1 -22 =4hrs 1400-1800=4 hrs 1800-2200=4hrs
1800-2200=4hrs 1 -220 =4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs 1800-2200=4hrs
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
19 shifts x 4 hrs
76 hrs
15
32
05/09/2023 Item B.
APPENDIX B
HOURS BY MONTH 2023
May: 24 shifts X 4 hours = 96 hours (Includes Memorial Day)
June: 40 shifts X 4 hours = 160 hours (Includes Juneteenth)
July: 47 shifts X 4 hours = 188 hours (Includes Independence Day)
August: 37 shifts X 4 hours = 148 hours
September: 19 shifts X 4 hours = 76 hours (Includes Labor Day)
Total = 668 Hours
16
33
051091202 ItemB.
APPENDIX
DAILY ENFORCEMENT ACTION SUMMARY
OPERATING AGENCY: Wylie Police Department
OFFICERS NAME: DATE:
TIME STARTED: TIME ENDED: TOTAL HOURS:
ABBREVIATIONS: A=Arrest C=Citabon VV=Written Warning V=Verbal Warning
OFFENCE Action NOTES
TITLE A C VY V Include the name of the park where offense occurred
Vehicle Offense
Parking
Speeding
Rook|oaa
StateRoq.
DVY|
Other
Total
Conduct Offense
Loud/Unruly
Pubic|nhm
Cont Subst.
MinorPona.
Theft
Vandal
Litter
Weapons
Assault
Other
Total
TOTALS
~^^ For all arrests and evictions include details on back ^^^
Officer Number: Date: Signature:
17
05/09/2023 Item B.
W9126G23P0050
Page 5of19
CLAUSES INCORPORATED BY REFERENCE
52.204-13 System for Award Management Maintenance OCT 2018
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-21 Basic Safeguarding of Covered Contractor Information NOV 2021
Systems
52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021
and Video Surveillance Services or Equipment
52.222-50 Combating Trafficking in Persons NOV 2021
52.222-55 Minimum Wages for Contractor Workers Under Executive JAN 2022
Order 14026
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022
52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020
While Driving
52.232-40 Providing Accelerated Payments to Small Business NOV 2021
Subcontractors
52.242-15 Stop-Work Order AUG 1989.
52.242-17 Government Delay Of Work APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019
252.204-7009 Limitations on the Use or Disclosure of Third-Party OCT 2016
Contractor Reported Cyber Incident Information
252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016
Support
252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018
Reports
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013
Personnel
252.247-7023 Transportation of Supplies by Sea FEB 2019
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CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES(DEC 2022)
(a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the
requirements of this contract.The Government reserves the right to inspect or test any supplies or services that have
been tendered for acceptance.The Government may require repair or replacement of nonconforming supplies or
reperformance of nonconforming services at no increase in contract price.If repair/replacement or reperformance
will not correct the defects or is not possible,the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-
acceptance rights-
(1)Within a reasonable time after the defect was discovered or should have been discovered;and
(2)Before any substantial change occurs in the condition of the item,unless the change is due to the defect in the
item.
(b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
perfoiinance of this contract to a bank,trust company,or other financing institution,including any Federal lending
agency in accordance with the Assignment of Claims Act(31 U.S.C. 3727).However,when a third party makes
payment(e.g.,use of the Governmentwide commercial purchase card),the Contractor may not assign its rights to
receive payment under this contract.
(c)Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.
(d)Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes.Failure of the parties to this
contract to reach agreement on any request for equitable adjustment,claim,appeal or action arising under or relating
to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation
(FAR)52.233-1,Disputes,which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract,pending final resolution of any dispute arising under the contract.
(e)Definitions. The clause at FAR 52.202-1,Definitions, is incorporated herein by reference.
(f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as,acts of God or the public
enemy,acts of the Government in either its sovereign or contractual capacity,fires,floods,epidemics,quarantine
restrictions,strikes,unusually severe weather,and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch,
and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g)Invoice.
(1)The Contractor shall submit an original invoice and three copies(or electronic invoice,if authorized)to the
address designated in the contract to receive invoices.An invoice must include--
(i)Name and address of the Contractor;
(ii)Invoice date and number;
(iii)Contract number,line item number and, if applicable,the order number;
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(iv)Description,quantity,unit of measure,unit price and extended price of the items delivered;
(v) Shipping number and date of shipment,including the bill of lading number and weight of shipment if shipped on
Government bill of lading;
(vi)Terms of any discount for prompt payment offered;
(vii)Name and address of official to whom payment is to be sent;
(viii)Name,title,and phone number of person to notify in event of defective invoice;and
(ix)Taxpayer Identification Number(TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(x)Electronic funds transfer(EFT)banking information.
(A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B)If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision,contract clause(e.g., 52.232-33,Payment by Electronic Funds Transfer System for Award
Management,or 52.232-34,Payment by Electronic
Funds Transfer--Other Than System for Award Management),or applicable agency procedures.
(C)EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2)Invoices will be handled in accordance with the Prompt Payment Act(31 U.S.C. 3903)and Office of
Management and Budget(OMB)prompt payment regulations at 5 CFR part 1315.
(h)Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against
liability,including costs, for actual or alleged direct or contributory infringement of,or inducement to infringe, any
United States or foreign patent,trademark or copyright,arising out of the performance of this contract,provided the
Contractor is reasonably notified of such claims and proceedings.
(i)Payment.--
(1)Items accepted.Payment shall be made for items accepted by the Government that have been delivered to the
delivery destinations set forth in this contract.
(2)Prompt payment. The Government will make payment in accordance with the Prompt Payment Act(31 U.S.C.
3903)and prompt payment regulations at 5 CFR part 1315.
(3)Electronic Funds Transfer(EFT).If the Government makes payment by EFT,see 52.212-5(b)for the appropriate
EFT clause.
(4)Discount.In connection with any discount offered for early payment,time shall be computed from the date of the
invoice.For the purpose of computing the discount earned,payment shall be considered to have been made on the
date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.
(5)Overpayments.If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment,the Contractor shall--
(i)Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the--
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(A)Circumstances of the overpayment(e.g.,duplicate payment,erroneous payment,liquidation errors,date(s)of
overpayment);
(B)Affected contract number and delivery order number,if applicable;
(C)Affected line item or subline item,if applicable;and
(D)Contractor point of contact.
(ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)Interest.
(i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.7109, which is applicable to the
period in which the amount becomes due,as provided in(i)(6)(v)of this clause,and then at the rate applicable for
each six-month period as fixed by the Secretary until the amount is paid.
(ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii)Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
within 30 days;
(B)The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(C)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer
(see 32.607-2).
(iv)If a demand for payment was previously issued for the debt,the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(v)Amounts shall be due at the earliest of the following dates:
(A)The date fixed under this contract.
(B)The date of the first written demand for payment,including any demand for payment resulting from a default
termination.
(vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due
date and ending on--
(A)The date on which the designated office receives payment from the Contractor;
(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has
been withheld as a credit against the contract debt;or
(C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
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(vii)The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in
effect on the date of this contract.
(j)Risk of loss.Unless the contract specifically provides otherwise,risk of loss or damage to the supplies provided
under this contract shall remain with the Contractor until,and shall pass to the Government upon:
(1)Delivery of the supplies to a carrier,if transportation is f.o.b. origin; or
(2)Delivery of the supplies to the Government at the destination specified in the contract,if transportation is f.o.b.
destination.
(k)Taxes. The contract price includes all applicable Federal,State,and local taxes and duties.
(1)Termination for the Government's convenience. The Government reserves the right to terminate this contract,or
any part hereof,for its sole convenience.In the event of such termination,the Contractor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to
the terms of this contract,the Contractor shall be paid a percentage of the contract price reflecting the percentage of
the work performed prior to the notice of termination,plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system,have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this
purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor
shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m)Termination for cause. The Government may terminate this contract,or any part hereof,for cause in the event of
any default by the Contractor,or if the Contractor fails to comply with any contract terms and conditions,or fails to
provide the Government,upon request,with adequate assurances of future performance. In the event of termination
for cause,the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,
and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is
determined that the Government improperly terminated this contract for default,such termination shall be deemed a
termination for convenience.
(n)Title.Unless specified elsewhere in this contract,title to items furnished under this contract shall pass to the
Government upon acceptance,regardless of when or where the Government takes physical possession.
(o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for
use for the particular purpose described in this contract.
(p)Limitation of liability. Except as otherwise provided by an express warranty,the Contractor will not be liable to
the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q)Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,executive
orders,rules and regulations applicable to its performance under this contract.
(r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352
relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.431 relating
to officials not to benefit;40 U.S.C.chapter 37,Contract Work Hours and Safety Standards;41 U.S.C.chapter 87,
Kickbacks;41 U.S.C.4712 and 10 U.S.C.4701 relating to whistleblower protections;49 U.S.C.40118,Fly
American;and 41 U.S.C. chapter 21 relating to procurement integrity.
(s)Order of precedence.Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order:
(1)The schedule of supplies/services.
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(2)The Assignments,Disputes,Payments,Invoice,Other Compliances,Compliance with Laws Unique to
Government Contracts,and Unauthorized Obligations paragraphs of this clause.
(3)The clause at 52.212-5.
(4)Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6)Other paragraphs of this clause.
(7)The Standard Form 1449.
(8)Other documents,exhibits,and attachments.
(9)The specification.
(t)Reserved.
(u)Unauthorized Obligations.
(1)Except as stated in paragraph(u)(2)of this clause,when any supply or service acquired under this contract is
subject to any End User License Agreement(EULA),Terms of Service(TOS),or similar legal instrument or
agreement,that includes any clause requiring the Government to indemnify the Contractor or any person or entity
for damages,costs,fees,or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.
1341),the following shall govern:
(i)Any such clause is unenforceable against the Government.
(ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause
by virtue of it appearing in the EULA,TOS,or similar legal instrument or agreement. If the EULA,TOS,or similar
legal instrument or agreement is invoked through an"I agree"click box or other comparable mechanism(e.g.,
"click-wrap" or"browse-wrap" agreements),execution does not bind the Government or any
Government authorized end user to such clause.
(iii)Any such clause is deemed to be stricken from the EULA,TOS,or similar legal instrument or agreement.
(2)Paragraph(u)(1)of this clause does not apply to indemnification by the Government that is expressly authorized
by statute and specifically authorized under applicable agency regulations and procedures.
(v)Incorporation by reference. The Contractor's representations and certifications,including those completed
electronically via the System for Award Management(SAM),are incorporated by reference into the contract.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES(DEVIATION 2018-
00021)(MAR 2023)
(a)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph.
(a)if this contract was awarded using other than sealed bid,is in excess of the simplified acquisition threshold,and
does not contain the clause at 52.215-2,Audit and Records Negotiation.
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(1)The Comptroller General of the United States,or an authorized representative of the Comptroller General, shall
have access to and right to examine any of the Contractor's directly pertinent records involving transactions related
to this contract.
(2)The Contractor shall make available at its offices at all reasonable times the records,materials,and other
evidence for examination,audit,or reproduction,until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7,Contractor Records Retention,of the other clauses of this contract.If
this contract is completely or partially terminated,the records relating to the work terminated shall be made
available for 3 years after any resulting final termination settlement.Records relating to appeals under the disputes
clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available
until such appeals,litigation,or claims are finally resolved.
(3)As used in this clause,records include books,documents,accounting procedures and practices,and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)(1)Notwithstanding the requirements of any other clauses of this contract,the Contractor is not required to flow
down any FAR clause,other than those in this paragraph(b)(1)in a subcontract for commercial products or
commercial services.Unless otherwise indicated below,the extent of the flow down shall be as required by the
clause
(i) 52.203-13,Contractor Code of Business Ethics and Conduct(NOV 2021)(41 U.S.C. 3509).
(ii)52.203-19,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements(JAN 2017)
(section 743 of Division E,Title VII,of the Consolidated and Further Continuing Appropriations Act,2015 (Pub. L.
113-235)and its successor provisions in subsequent appropriations acts(and as extended in continuing resolutions)).
(iii) 52.204-23,Prohibition on Contracting for Hardware, Software,and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities(NOV 2021)(Section 1634 of Pub.L. 115-91).
(iv) 52.204-25,Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment. (NOV 2021)(Section 889(a)(1)(A)of Pub. L. 115-232).
(v)52.219-8,Utilization of Small Business Concerns(OCT 2022)(15 U.S.C. 637(d)(2)and(3)),in all subcontracts
that offer further subcontracting opportunities.If the subcontract(except subcontracts to small business concerns)
exceeds$700,000($1.5 million for construction of any public facility),the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21,Prohibition of Segregated Facilities(APR 2015).
(vii)52.222-26,Equal Opportunity(SEP 2016)(E.O. 11246).
(viii)52.222-35,Equal Opportunity for Veterans(OCT 2015)(38 U.S.C.4212).
(ix)52.222-36,Equal Opportunity for Workers with Disabilities(JUL 2014)(29 U.S.C. 793).
(x)52.222-37,Employment Reports on Veterans(FEB 2016)(38 U.S.C.4212).
(xi)52.222-40,Notification of Employee Rights Under the National Labor Relations Act(DEC 2010)(E.O. 13496).
Flow down required in accordance with paragraph(f)of FAR clause 52.222-40.
(xii)52.222-41, Service Contract Labor Standards(AUG 2018)(41 U.S.C. chapter 67).
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(xiii)(A)52.222-50,Combating Trafficking in Persons(NOV 2021)(22 U.S.C.chapter 78 and E.O. 13627).
(B)Alternate I(Mar 2015)of 52.222-50(22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51,Exemption from Application of the Service Contract Act to Contracts for Maintenance,Calibration,
or Repair of Certain Equipment-Requirements(MAY 2014)(41 U.S.C. chapter 67).
(xv)52.222-53,Exemption from Application of the Service Contract Act to Contracts for Certain Services-
Requirements(MAY 2014)(41 U.S.C. chapter 67).
(xvi) 52.222-54,Employment Eligibility Verification(MAY 2022)(E.O. 12989).
(xvii)52.222-55,Minimum Wages for Contractor Workers Under Executive Order 14026(JAN 2022).
(xviii)52.222-62 Paid Sick Leave Under Executive Order 13706(JAN 2022)(E.O. 13706).
(xix)(A)52.224-3,Privacy Training(JAN 2017)(5 U.S.C. 552a).
(B)Alternate I(JAN 2017)of 52.224-3.
(xx)52.225-26,Contractors Performing Private Security Functions Outside the United States(OCT 2016)(Section
862,as amended,of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A,Part V,
Subpart G Note).
(xxi)52.226-6,Promoting Excess Food Donation to Nonprofit Organizations(MAY 2014)(42 U.S.C. 1792).Flow
down required in accordance with paragraph(e)of FAR clause 52.226-6.
(xxii)52.232-40,Providing Accelerated Payments to Small Business Subcontractors(MAR 2023)(31 U.S.C. 3903
and 10 U.S.C. 3801).Flow down required in accordance with paragraph(c)of 52.232-40.
(xxiii)52.247-64,Preference for Privately Owned U.S.-Flag Commercial Vessels(NOV 2021)(46 U.S.C. 55305
and 10 U.S.C. 2631).Flow down required in accordance with paragraph(d)of FAR clause 52.247-64.
(2)While not required,the contractor may include in its subcontracts for commercial products and commercial
services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998)
This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in
full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may
be accessed electronically at this/these address(es):
https://www.acquisition.gov/content/regulations
(End of clause)
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52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a)The use in this solicitation or contract of any Federal Acquisition Regulation(48 CFR Chapter 1)clause with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the clause.
(b)The use in this solicitation or contract of any DFARS(48 CFR 2)clause with an authorized deviation is
indicated by the addition of"(DEVIATION)" after the name of the regulation.
(End of clause)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING(DEC 2019)
(a)Definitions.As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss,
misuse,or unauthorized access to,or modification of information.
Compromise means disclosure of information to unauthorized persons,or a violation of the security policy of a
system, in which unauthorized intentional or unintentional disclosure,modification,destruction,or loss of an object,
or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s),whether directly
or indirectly,by the grouping of information that can be traced back to the contractor(s)(e.g.,program description,
facility locations),personally identifiable information, as well as trade secrets,commercial or financial information,
or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to
controls on the access,use,reproduction,modification,perfoiinance,display,release,disclosure,or dissemination.
Controlled technical information would meet the criteria,if disseminated,for distribution statements B through F
using the criteria set forth in DoD Instruction 5230.24,Distribution Statements on Technical Documents. The term
does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned,or operated by or
for,a contractor and that processes, stores,or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information,as described
in the Controlled Unclassified Information(CUI)Registry at http://www.archives.gov/cui/registry/category-
list.html,that requires safeguarding or dissemination controls pursuant to and consistent with law,regulations,and
Governmentwide policies,and is--
(1)Marked or otherwise identified in the contract,task order,or delivery order and provided to the contractor by or
on behalf of DoD in support of the performance of the contract;or
(2)Collected,developed,received,transmitted,used,or stored by or on behalf of the contractor in support of the
performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or
potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering,retaining,and analyzing computer-related data for investigative
purposes in a manner that maintains the integrity of the data.
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Information system means a discrete set of information resources organized for the collection,processing,
maintenance, use, sharing,dissemination,or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will
have adverse impact on the confidentiality, integrity, or availability of an information system. This definition
includes a virus,worm,Trojan horse,or other code-based entity that infects a host, as well as spyware and
some forms of adware.
Media means physical devices or writing surfaces including,but is not limited to,magnetic tapes,optical disks,
magnetic disks, large-scale integration memory chips,and printouts onto which covered defense information is
recorded, stored,or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift,
intermodal transportation services, or logistical support that is essential to the mobilization,deployment,or
sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software,as those terms are defined in the clause at
DFARS 252.227-7013,Rights in Technical Data--Noncommercial Items,regardless of whether or not the clause is
incorporated in this solicitation or contract. Examples of technical information include research and engineering
data, engineering drawings, and associated lists, specifications, standards,process sheets, manuals,technical reports,
technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer
software executable code and source code.
(b)Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.
To provide adequate security,the Contractor shall implement, at a minimum,the following information security
protections:
(1) For covered contractor information systems that are part of an information technology(IT)service or system
operated on behalf of the Government,the following security requirements apply:
(i)Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010,
Cloud Computing Services,of this contract.
(ii)Any other such IT service or system(i.e., other than cloud computing)shall be subject to the security
requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the
Government and therefore are not subject to the security requirement specified at paragraph(b)(1)of this clause,the
following security requirements apply:
(i)Except as provided in paragraph(b)(2)(ii)of this clause,the covered contractor information system shall be
subject to the security requirements in National Institute of Standards and Technology(NIST) Special Publication
(SP) 800-171,"Protecting Controlled Unclassified Information in Nonfederal Information Systems and
Organizations"(available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the
solicitation is issued or as authorized by the Contracting Officer.
(ii)(A)The Contractor shall implement NIST SP 800-171,as soon as practical,but not later than December 31,
2017.For all contracts awarded prior to October 1,2017,the Contractor shall notify the DoD Chief Information
Officer(CIO),via email at osd.dibcsia@mail.mil,within 30 days of contract award,of any security requirements
specified by NIST SP 800-171 not implemented at the time of contract award.
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(B)The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer,for
consideration by the DoD CIO.The Contractor need not implement any security requirement adjudicated by an
authorized representative of the DoD CIO to be nonapplicable or to have an alternative,but equally effective,
security measure that may be implemented in its place.
(C)If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not
applicable or that an alternative security measure is equally effective,a copy of that approval shall be provided to
the Contracting Officer when requesting its recognition under this contract.
(D)If the Contractor intends to use an external cloud service provider to store,process,or transmit any covered
defense information in performance of this contract,the Contractor shall require and ensure that the cloud service
provider meets security requirements equivalent to those established by the Government for the Federal Risk
and Authorization Management Program(FedRAMP)Moderate baseline
(https://www.fedramp.gov/resources/documents/)and that the cloud service provider complies with requirements in
paragraphs(c)through(g)of this clause for cyber incident reporting,malicious software,media preservation and
protection,access to additional information and equipment necessary for forensic analysis,and cyber incident
damage assessment.
(3)Apply other information systems security measures when the Contractor reasonably determines that information
systems security measures, in addition to those identified in paragraphs(b)(1)and(2)of this clause,may be required
to provide adequate security in a dynamic environment or to accommodate special circumstances(e.g.,medical
devices)and any individual,isolated,or temporary deficiencies based on an assessed risk or vulnerability. These
measures may be addressed in a system security plan.
(c)Cyber incident reporting requirement.
(1)When the Contractor discovers a cyber incident that affects a covered contractor information system or the
covered defense information residing therein,or that affects the contractor's ability to perform the requirements of
the contract that are designated as operationally critical support and identified in the contract,the Contractor shall--
(i)Conduct a review for evidence of compromise of covered defense information, including,but not limited to,
identifying compromised computers, servers, specific data,and user accounts. This review shall also include
analyzing covered contractor information system(s)that were part of the cyber incident,as well as other information
systems on the Contractor's network(s),that may have been accessed as a result of the incident in order to identify
compromised covered defense information,or that affect the Contractor's ability to provide operationally critical
support; and
(ii)Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.
(2)Cyber incident report.The cyber incident report shall be treated as information created by or for DoD and shall
include,at a minimum,the required elements at https://dibnet.dod.mil.
(3)Medium assurance certificate requirement.In order to report cyber incidents in accordance with this clause,the
Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber
incidents.For information on obtaining a DoD-approved medium assurance certificate, see
https://public.cyber.mil/eca/.
(d)Malicious software.When the Contractor or subcontractors discover and isolate malicious software in
connection with a reported cyber incident,submit the malicious software to DoD Cyber Crime Center(DC3)in
accordance with instructions provided by DC3 or the Contracting Officer.Do not send the malicious software to the
Contracting Officer.
(e)Media preservation and protection. When a Contractor discovers a cyber incident has occurred,the Contractor
shall preserve and protect images of all known affected information systems identified in paragraph(c)(1)(i)of this
45
05/09/2023 Item B.
W9126G23P0050
Page 16 of 19
clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident
report to allow DoD to request the media or decline interest.
(f)Access to additional information or equipment necessary for forensic analysis.Upon request by DoD,the
Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a
forensic analysis.
(g)Cyber incident damage assessment activities.If DoD elects to conduct a damage assessment,the Contracting
Officer will request that the Contractor provide all of the damage assessment information gathered in accordance
with paragraph(e)of this clause.
(h)DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect
against the unauthorized use or release of information obtained from the contractor(or derived from information
obtained from the contractor)under this clause that includes contractor attributional/proprietary information,
including such information submitted in accordance with paragraph(c). To the maximum extent practicable,the
Contractor shall identify and mark attributional/proprietary information.In making an authorized release of such
information,the Government will implement appropriate procedures to minimize the contractor
attributional/proprietary information that is included in such authorized release,seeking to include only that
information that is necessary for the authorized purpose(s)for which the information is being released.
(i)Use and release of contractor attributional/proprietary information not created by or for DoD.Information that is
obtained from the contractor(or derived from information obtained from the contractor)under this clause that is not
created by or for DoD is authorized to be released outside of DoD--
(1)To entities with missions that may be affected by such information;
(2)To entities that may be called upon to assist in the diagnosis,detection,or mitigation of cyber incidents;
(3)To Government entities that conduct counterintelligence or law enforcement investigations;
(4)For national security purposes,including cyber situational awareness and defense purposes(including with
Defense Industrial Base(DIB)participants in the program at 32 CFR part 236);or
(5)To a support services contractor("recipient")that is directly supporting Government activities under a contract
that includes the clause at 252.204-7009,Limitations on the Use or Disclosure of Third-Party Contractor Reported
Cyber Incident Information.
(j)Use and release of contractor attributional/proprietary information created by or for DoD.Information that is
obtained from the contractor(or derived from information obtained from the contractor)under this clause that is
created by or for DoD(including the infoiniation submitted pursuant to paragraph(c)of this clause)is authorized to
be used and released outside of DoD for purposes and activities authorized by paragraph(i)of this clause,and for
any other lawful Government purpose or activity,subject to all applicable statutory,regulatory, and policy based
restrictions on the Government's use and release of such information.
(k)The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on
the interception,monitoring,access,use, and disclosure of electronic communications and data.
(1)Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this
clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting
pertaining to its unclassified information systems as required by other applicable clauses of this contract,or as a
result of other applicable U.S.Government statutory or regulatory requirements.
46
05/09/2023 Item B.
W9126G23P0050
Page 17 of 19
(m) Subcontracts. The Contractor shall--
(1)Include this clause,including this paragraph(m),in subcontracts,or similar contractual instruments,for
operationally critical support,or for which subcontract performance will involve covered defense information,
including subcontracts for commercial items,without alteration,except to identify the parties. The Contractor shall
determine if the information required for subcontractor performance retains its identity as covered defense
information and will require protection under this clause, and, if necessary,consult with the Contracting Officer; and
(2)Require subcontractors to--
(i)Notify the prime Contractor(or next higher-tier subcontractor)when submitting a request to vary from a NIST
SP 800-171 security requirement to the Contracting Officer,in accordance with paragraph(b)(2)(ii)(B)of this
clause;and
(ii)Provide the incident report number,automatically assigned by DoD,to the prime Contractor(or next higher-tier
subcontractor)as soon as practicable,when reporting a cyber incident to DoD as required in paragraph(c)of this
clause.
(End of clause)
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES (JAN 2021)
(a)Definitions. As used in this clause--
Covered defense telecommunications equipment or services means--
(1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation,or any
subsidiary or affiliate of such entities;
(2)Telecommunications services provided by such entities or using such equipment;or
(3)Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense
reasonably believes to be an entity owned or controlled by,or otherwise connected to,the government of a covered
foreign country.
Covered foreign country means--
(1)The People's Republic of China;or
(2)The Russian Federation.
Covered missions means--
(1)The nuclear deterrence mission of DoD,including with respect to nuclear command,control, and
communications,integrated tactical warning and attack assessment,and continuity of Government;or
(2)The homeland defense mission of DoD,including with respect to ballistic missile defense.
47
05/09/2023 Item B.
W9126G23P0050
Page 18 of 19
Critical technology means--
(1)Defense articles or defense services included on the United States Munitions List set forth in the International
Traffic in Arms Regulations under subchapter M of chapter I of title 22,Code of Federal Regulations;
(2)Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII of title 15,Code of Federal Regulations,and
controlled--
(i)Pursuant to multilateral regimes,including for reasons relating to national security,chemical and biological
weapons proliferation,nuclear nonproliferation,or missile technology;or
(ii)For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment,parts and components,materials,software,and technology
covered by part 810 of title 10,Code of Federal Regulations(relating to assistance to foreign atomic energy
activities);
(4)Nuclear facilities, equipment,and material covered by part 110 of title 10,Code of Federal Regulations(relating
to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7,Code of Federal Regulations,part 121 of title 9 of such
Code,or part 73 of title 42 of such Code;or
(6)Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act
of 2018 (50 U.S.C.4817).
Substantial or essential component means any component necessary for the proper function or performance of a
piece of equipment,system,or service.
(b)Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018
(Pub. L. 115-91),the contractor shall not provide to the Government any equipment, system,or service to carry out
covered missions that uses covered defense telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system,unless the covered defense
telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition
Regulation Supplement 204.2104.
(c)Procedures. The Contractor shall review the list of excluded parties in the System for Award Management
(SAM)at https://www.sam.gov for entities that are excluded when providing any equipment,system,or service,to
carry out covered missions,that uses covered defense telecommunications equipment or services as a substantial or
essential component of any system,or as critical technology as part of any system,unless a waiver is granted.
(d)Reporting.
(1)In the event the Contractor identifies covered defense telecommunications equipment or services used as a
substantial or essential component of any system,or as critical technology as part of any system,during contract
performance,the Contractor shall report at https://dibnet.dod.mil the information in paragraph(d)(2)of this clause.
(2)The Contractor shall report the following infoiination pursuant to paragraph(d)(1)of this clause:
(i)Within 3 business days from the date of such identification or notification: The contract number;the order
number(s), if applicable; supplier name;brand;model number(original equipment manufacturer number,
manufacturer part number,or wholesaler number); item description;and any readily available information
about mitigation actions undertaken or recommended.
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05/09/2023 Item B.
W9126G23P0050
Page 19 of 19
(ii)Within 30 business days of submitting the information in paragraph(d)(2)(i)of this clause:Any further available
information about mitigation actions undertaken or recommended.In addition,the Contractor shall describe the
efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services,
and any additional efforts that will be incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause,including this paragraph(e),in all
subcontracts and other contractual instruments,including subcontracts for the acquisition of commercial items.
(End of clause)
49
05/09/2023 Item B.
"REGISTER OF WAGE DETERMINATIONS UNDER 1 U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor WAGE AND HOUR DIVISION
WASHINGTON D.C. 20210
Wage Determination No. : 2015-5227
Daniel W. Simms Division of Revision No. : 19
Director Wage Determinations] Date Of Last Revision: 12/27/2022
Note: Contracts subject to the Service Contract Act are generally required to
pay at least the applicable minimum wage rate required under Executive Order
14026 or Executive Order 13658.
1If the contract is entered into on or 'Executive Order 14026 generally applies to 1
]after January 30, 2022, or the 'the contract.
] contract is renewed or extended (e.g., 1The contractor must pay all covered workers 1
Ian option is exercised) on or after ]at least $16.20 per hour (or the applicable 1
]January 30, 2022: ]wage rate listed on this wage determination, 1
] if it is higher) for all hours spent
]performing on the contract in 2023.
] If the contract was awarded on or ]Executive Order 13658 generally applies to 1
]between January 1, 2015 and January 29, ] the contract.
12022, and the contract is not renewed 1The contractor must pay all covered workers 1
]or extended on or after January 30, ]at least $12.15 per hour (or the applicable 1
12022: ]wage rate listed on this wage determination, ]
lif it is higher) for all hours spent
]performing on the contract in 2023.
The applicable Executive Order minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections under the Executive
Orders
is available at www.dol.gov/whd/govcontracts.
State: Texas
Area: Texas Counties of Collin, Dallas, Denton, Ellis, Hunt, Kaufman, Rockwall
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 17.91
01012 - Accounting Clerk II 20.09
01013 - Accounting Clerk III 22.48
01020 - Administrative Assistant 30.16
01035 - Court Reporter 24.85
01041 - Customer Service Representative I 14.56***
01042 - Customer Service Representative II 15.89***
01043 - Customer Service Representative III 17.83
01051 - Data Entry Operator I 15.34***
01052 - Data Entry Operator II 16.74
01060 - Dispatcher, Motor Vehicle 21.36
01070 - Document Preparation Clerk 17.59
01090 - Duplicating Machine Operator 17.59
01111 - General Clerk I 14.07***
01112 - General Clerk II 15.35***
01113 - General Clerk III 17.23
50
05/09/2023 Item B.
01120 - Housing Referral Assistant 22. 61
01141 - Messenger Courier 15.72***
01191 - Order Clerk I 16.47
01192 - Order Clerk II 17.96
01261 - Personnel Assistant (Employment) I 18.12
01262 - Personnel Assistant (Employment) II 20.27
01263 - Personnel Assistant (Employment) III 22.60
01270 - Production Control Clerk 24.46
01290 - Rental Clerk 15.30***
01300 - Scheduler, Maintenance 18.13
01311 - Secretary I 18.13
01312 - Secretary II 20.28
01313 - Secretary III 22.61
01320 - Service Order Dispatcher 17.86
01410 - Supply Technician 30.16
01420 - Survey Worker 17.70
01460 - Switchboard Operator/Receptionist 15.15***
01531 - Travel Clerk I 17.18
01532 - Travel Clerk II 18.47
01533 - Travel Clerk III 19.82
01611 - Word Processor I 16.67
01612 - Word Processor II 18.71
01613 - Word Processor III 20.92
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 22.76
05010 - Automotive Electrician 23.04
05040 - Automotive Glass Installer 20.93
05070 - Automotive Worker 22.02
05110 - Mobile Equipment Servicer 18.52
05130 - Motor Equipment Metal Mechanic 22.88
05160 - Motor Equipment Metal Worker 20.93
05190 - Motor Vehicle Mechanic 22.99
05220 - Motor Vehicle Mechanic Helper 17.27
05250 - Motor Vehicle Upholstery Worker 19.82
05280 - Motor Vehicle Wrecker 20.93
05310 - Painter, Automotive 24.22
05340 - Radiator Repair Specialist 20.93
05370 - Tire Repairer 14.44***
05400 - Transmission Repair Specialist 22.88
07000 - Food Preparation And Service Occupations
07010 - Baker 12.99***
07041 - Cook I 13.94***
07042 - Cook II 16.01***
07070 - Dishwasher 11.57***
07130 - Food Service Worker 12.89***
07210 - Meat Cutter 13.60***
07260 - Waiter/Waitress 10.19***
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 20.86
09040 - Furniture Handler 10.61***
09080 - Furniture Refinisher 16.85
09090 - Furniture Refinisher Helper 13.04***
09110 - Furniture Repairer, Minor 15.16***
09130 - Upholsterer 16.57
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 12.95***
11060 - Elevator Operator 13.31***
11090 - Gardener 22.18
11122 - Housekeeping Aide 13.49***
11150 - Janitor 13.49***
11210 - Laborer, Grounds Maintenance 16.51
11240 - Maid or Houseman 12.68***
11260 - Pruner 14.59***
51
05/09/2023 Item B.
11270 - Tractor Operator 20.29
11330 - Trail Maintenance Worker 16.51
11360 - Window Cleaner 15.26***
12000 - Health Occupations
12010 - Ambulance Driver 20.65
12011 - Breath Alcohol Technician 22.11
12012 - Certified Occupational Therapist Assistant 37.42
12015 - Certified Physical Therapist Assistant 36.98
12020 - Dental Assistant 20.87
12025 - Dental Hygienist 40.23
12030 - EKG Technician 30.40
12035 - Electroneurodiagnostic Technologist 30.40
12040 - Emergency Medical Technician 20.65
12071 - Licensed Practical Nurse I 19.76
12072 - Licensed Practical Nurse II 22.11
12073 - Licensed Practical Nurse III 24.65
12100 - Medical Assistant 17.79
12130 - Medical Laboratory Technician 28.50
12160 - Medical Record Clerk 20.05
12190 - Medical Record Technician 22.43
12195 - Medical Transcriptionist 19. 66
12210 - Nuclear Medicine Technologist 43.82
12221 - Nursing Assistant I 12.89***
12222 - Nursing Assistant II 14.48***
12223 - Nursing Assistant III 15.80***
12224 - Nursing Assistant IV 17.75
12235 - Optical Dispenser 19.50
12236 - Optical Technician 16.72
12250 - Pharmacy Technician 17.84
12280 - Phlebotomist 17.79
12305 - Radiologic Technologist 30.27
12311 - Registered Nurse I 25.82
12312 - Registered Nurse II 31.58
12313 - Registered Nurse II, Specialist 31.58
12314 - Registered Nurse III 38.19
12315 - Registered Nurse III, Anesthetist 38.19
12316 - Registered Nurse IV 45.78
12317 - Scheduler (Drug and Alcohol Testing) 27.40
12320 - Substance Abuse Treatment Counselor 23.56
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 20.65
13012 - Exhibits Specialist II 25.58
13013 - Exhibits Specialist III 31.28
13041 - Illustrator I 24.95
13042 - Illustrator II 30.91
13043 - Illustrator III 36.18
13047 - Librarian 31.56
13050 - Library Aide/Clerk 14.33***
13054 - Library Information Technology Systems 27.42
Administrator
13058 - Library Technician 17.58
13061 - Media Specialist I 19.78
13062 - Media Specialist II 22.13
13063 - Media Specialist III 24.67
13071 - Photographer I 19.31
13072 - Photographer II 21.60
13073 - Photographer III 26.75
13074 - Photographer IV 32.73
13075 - Photographer V 39.61
13090 - Technical Order Library Clerk 17.84
13110 - Video Teleconference Technician 22.58
14000 - Information Technology Occupations
14041 - Computer Operator I 22.19
52
05/09/2023 Item B.
14042 - Computer Operator II 24.81
14043 - Computer Operator III 27.68
14044 - Computer Operator IV 32.84
14045 - Computer Operator V 36.34
14071 - Computer Programmer I (see 1)
14072 - Computer Programmer II (see 1)
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 22.19
14160 - Personal Computer Support Technician 32.84
14170 - System Support Specialist 42.82
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 35.04
15020 - Aircrew Training Devices Instructor (Rated) 41.90
15030 - Air Crew Training Devices Instructor (Pilot) 48.41
15050 - Computer Based Training Specialist / Instructor 35.04
15060 - Educational Technologist 36.68
15070 - Flight Instructor (Pilot) 48.41
15080 - Graphic Artist 25.79
15085 - Maintenance Test Pilot, Fixed, Jet/Prop 48.41
15086 - Maintenance Test Pilot, Rotary Wing 48.41
15088 - Non-Maintenance Test/Co-Pilot 48.41
15090 - Technical Instructor 27.43
15095 - Technical Instructor/Course Developer 33.55
15110 - Test Proctor 22.14
15120 - Tutor 22.14
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 11.05***
16030 - Counter Attendant 11.05***
16040 - Dry Cleaner 14.20***
16070 - Finisher, Flatwork, Machine 11.05***
16090 - Presser, Hand 11.05***
16110 - Presser, Machine, Drycleaning 11.05***
16130 - Presser, Machine, Shirts 11.05***
16160 - Presser, Machine, Wearing Apparel, Laundry 11.05***
16190 - Sewing Machine Operator 15.05***
16220 - Tailor 16.19***
16250 - Washer, Machine 12.15***
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 21.10
19040 - Tool And Die Maker 25.34
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 18.03
21030 - Material Coordinator 24.46
21040 - Material Expediter 24.46
21050 - Material Handling Laborer 14.93***
21071 - Order Filler 16.03***
21080 - Production Line Worker (Food Processing) 18.03
21110 - Shipping Packer 17.59
21130 - Shipping/Receiving Clerk 17.59
21140 - Store Worker I 13.03***
21150 - Stock Clerk 18.88
21210 - Tools And Parts Attendant 18.03
21410 - Warehouse Specialist 18.03
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 39.23
23019 - Aircraft Logs and Records Technician 31.86
23021 - Aircraft Mechanic I 37.41
23022 - Aircraft Mechanic II 39.23
23023 - Aircraft Mechanic III 41.04
53
05/09/2023 Item B.
23040 - Aircraft Mechanic Helper 26.84
23050 - Aircraft, Painter 35.52
23060 - Aircraft Servicer 31.86
23070 - Aircraft Survival Flight Equipment Technician 35.52
23080 - Aircraft Worker 33.70
23091 - Aircrew Life Support Equipment (ALSE) Mechanic 33.70
I
23092 - Aircrew Life Support Equipment (ALSE) Mechanic 37.41
II
23110 - Appliance Mechanic 21.51
23120 - Bicycle Repairer 20.03
23125 - Cable Splicer 30.31
23130 - Carpenter, Maintenance 21.31
23140 - Carpet Layer 19.04
23160 - Electrician, Maintenance 23.75
23181 - Electronics Technician Maintenance I 26.71
23182 - Electronics Technician Maintenance II 28.15
23183 - Electronics Technician Maintenance III 29.65
23260 - Fabric Worker 26.87
23290 - Fire Alarm System Mechanic 23.76
23310 - Fire Extinguisher Repairer 20.03
23311 - Fuel Distribution System Mechanic 22.56
23312 - Fuel Distribution System Operator 17.69
23370 - General Maintenance Worker 19.91
23380 - Ground Support Equipment Mechanic 37.41
23381 - Ground Support Equipment Servicer 31.86
23382 - Ground Support Equipment Worker 33.70
23391 - Gunsmith I 20.03
23392 - Gunsmith II 23.01
23393 - Gunsmith III 25.54
23410 - Heating, Ventilation And Air-Conditioning 23.53
Mechanic
23411 - Heating, Ventilation And Air Contidioning 24.67
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 28.14
23440 - Heavy Equipment Operator 22.58
23460 - Instrument Mechanic 27. 95
23465 - Laboratory/Shelter Mechanic 24.25
23470 - Laborer 14.93***
23510 - Locksmith 23.89
23530 - Machinery Maintenance Mechanic 25.75
23550 - Machinist, Maintenance 22.70
23580 - Maintenance Trades Helper 16.50
23591 - Metrology Technician I 27.95
23592 - Metrology Technician II 29.30
23593 - Metrology Technician III 30.67
23640 - Millwright 27.21
23710 - Office Appliance Repairer 19.70
23760 - Painter, Maintenance 18.11
23790 - Pipefitter, Maintenance 26.55
23810 - Plumber, Maintenance 25.20
23820 - Pneudraulic Systems Mechanic 25.54
23850 - Rigger 26.09
23870 - Scale Mechanic 23.01
23890 - Sheet-Metal Worker, Maintenance 23.02
23910 - Small Engine Mechanic 20.45
23931 - Telecommunications Mechanic I 29.53
23932 - Telecommunications Mechanic II 30.96
23950 - Telephone Lineman 25.89
23960 - Welder, Combination, Maintenance 22.42
23965 - Well Driller 22.66
23970 - Woodcraft Worker 25.54
23980 - Woodworker 20.03
54
05/09/2023 Item B.
24000 - Personal Needs Occupations
24550 - Case Manager 18.31
24570 - Child Care Attendant 11.76***
24580 - Child Care Center Clerk 14.66***
24610 - Chore Aide 11.04***
24620 - Family Readiness And Support Services 18.31
Coordinator
24630 - Homemaker 18.31
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 27.73
25040 - Sewage Plant Operator 22.35
25070 - Stationary Engineer 27.73
25190 - Ventilation Equipment Tender 19.37
25210 - Water Treatment Plant Operator 22.35
27000 - Protective Service Occupations
27004 - Alarm Monitor 22.33
27007 -- Baggage Inspector 14.34***
27008 - Corrections Officer 24.04
27010 - Court Security Officer 26.82
27030 - Detection Dog Handler 16.92
27040 - Detention Officer 24,04
27070 - Firefighter 29.61
27101 - Guard I 14.34***
27102 - Guard II 16.92
27131 - Police Officer I 33.25
27132 - Police Officer II 36.96
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 15.13***
28042 - Carnival Equipment Repairer 16.53
28043 - Carnival Worker 10.88***
28210 - Gate Attendant/Gate Tender 15.60***
28310 - Lifeguard 11.19***
28350 - Park Attendant (Aide) 17.45
28510 - Recreation Aide/Health Facility Attendant 12.73***
28515 - Recreation Specialist 21.27
28630 - Sports Official 13.89***
28690 - Swimming Pool Operator 21.99
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 29.04
29020 - Hatch Tender 29.04
29030 - Line Handler 29.04
29041 - Stevedore I 27.45
29042 - Stevedore II 30.60
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 44.62
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 30.78
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 33.88
30021 - Archeological Technician I 20.07
30022 - Archeological Technician II 22.40
30023 - Archeological Technician III 27.75
30030 - Cartographic Technician 27.75
30040 - Civil Engineering Technician 24.42
30051 - Cryogenic Technician I 29.26
30052 - Cryogenic Technician II 32.32
30061 - Drafter/CAD Operator I 20.07
30062 - Drafter/CAD Operator II 22.40
30063 - Drafter/CAD Operator III 24.97
30064 - Drafter/CAD Operator IV 30.73
30081 - Engineering Technician I 17.56
30082 - Engineering Technician II 19.70
30083 - Engineering Technician III 22.03
30084 - Engineering Technician IV 27.30
30085 - Engineering Technician V 33.40
55
05/09/2023 Item B.
30086 - Engineering Technician VI 40.41
30090 - Environmental Technician 25.52
30095 - Evidence Control Specialist 26.42
30210 - Laboratory Technician 25.44
30221 - Latent Fingerprint Technician I 26.76
30222 - Latent Fingerprint Technician II 29.57
30240 - Mathematical Technician 33.58
30361 - Paralegal/Legal Assistant I 19.49
30362 - Paralegal/Legal Assistant II 24.15
30363 - Paralegal/Legal Assistant III 29.54
30364 - Paralegal/Legal Assistant IV 35.74
30375 - Petroleum Supply Specialist 32.32
30390 - Photo-Optics Technician 27.75
30395 - Radiation Control Technician 32.32
30461 - Technical Writer I 25.69
30462 - Technical Writer II 31.42
30463 - Technical Writer III 38.01
30491 - Unexploded Ordnance (UXO) Technician I 28.36
30492 - Unexploded Ordnance (UXO) Technician II 34.32
30493 - Unexploded Ordnance (UXO) Technician III 41.13
30494 - Unexploded (UXO) Safety Escort 28.36
30495 - Unexploded (UXO) Sweep Personnel 28.36
30501 - Weather Forecaster I 29.26
30502 - Weather Forecaster II 35.59
30620 - Weather Observer, Combined Upper Air Or (see 2) 24.97
Surface Programs
30621 - Weather Observer, Senior (see 2) 26.42
31000 - Transportation/Mobile Equipment Operation Occupations
31010 - Airplane Pilot 34.32
31020 - Bus Aide 14.95***
31030 - Bus Driver 21.81
31043 - Driver Courier 17.15
31260 - Parking and Lot Attendant 10.91***
31290 - Shuttle Bus Driver 18.53
31310 - Taxi Driver 13.24***
31361 - Truckdriver, Light 18.75
31362 - Truckdriver, Medium 20.37
31363 - Truckdriver, Heavy 23.34
31364 - Truckdriver, Tractor-Trailer 23.34
99000 - Miscellaneous Occupations
99020 - Cabin Safety Specialist 16.73
99030 - Cashier 11.33***
99050 - Desk Clerk 12.89***
99095 - Embalmer 24.05
99130 - Flight Follower 28.36
99251 - Laboratory Animal Caretaker I 13.62***
99252 - Laboratory Animal Caretaker II 14.89***
99260 - Marketing Analyst 37.40
99310 - Mortician 26.46
99410 - Pest Controller 23.68
99510 - Photofinishing Worker 14.89***
99710 - Recycling Laborer 20.02
99711 - Recycling Specialist 24.59
99730 - Refuse Collector 17.69
99810 - Sales Clerk 13.65***
99820 - School Crossing Guard 12.69***
99830 - Survey Party Chief 29.37
99831 - Surveying Aide 17.60
99832 - Surveying Technician 22.55
99840 - Vending Machine Attendant 17.05
99841 - Vending Machine Repairer 20.93
99842 - Vending Machine Repairer Helper 17.01
56
05/09/2023 Item B.
***Workers in this classification may be entitled to a higher minimum wage under
Executive Order 14026 ($16.20 per hour) or 13658 ($12.15 per hour) . Please see the
Note at the top of the wage determination for more information. Please also note
that the minimum wage requirements of Executive Order 14026 and 13658 are not
currently being enforced as to contracts or contract-like instruments entered into
with the federal government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on federal lands.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors, applies to all contracts subject to the Service Contract Act for which
the contract is awarded (and any solicitation was issued) on or after January 1,
2017. If this contract is covered by the E0, the contractor must provide employees
with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid
sick leave each year. Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including preventive care; to
assist a family member (or person who is like family to the employee) who is
injured, or has other health-related needs, including preventive care; or for
reasons resulting from, or to assist a family member (or person who is like family
to the employee) who is the victim of, domestic violence, sexual assault, or
stalking. Additional information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.80 per hour, up to 40 hours per week, or $192.00 per week or
$832.00 per month
HEALTH & WELFARE EO 13706: $4.41 per hour, up to 40 hours per week, or $176.40 per
week, or $764.40 per month*
*This rate is to be used only when compensating employees for performance on an SCA-
covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal
Contractors. A contractor may not receive credit toward its SCA obligations for any
paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin
Luther King Jr. 's Birthday, Washington's Birthday, Memorial Day, Juneteenth
National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of
the named holidays another day off with pay in accordance with a plan communicated
to the employees involved. ) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual
employed in a bona fide executive, administrative, or professional capacity, as
defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701 (3) ) . Because most Computer
Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or
at least $684 per week if paid on a salary or fee basis) likely qualify as exempt
computer professionals under 29 U.S.C. 213 (a) (1) and 29 U.S.C. 213 (a) (17) , this wage
determination may not include wage rates for all occupations within those job
families. In such instances, a conformance will be necessary if there are nonexempt
employees in these job families working on the contract.
57
05/09/2023 Item B.
Job titles vary widely and change quickly in the computer industry, and are not
determinative of whether an employee is an exempt computer professional. To be
exempt, computer employees who satisfy the compensation requirements must also have
a primary duty that consists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400) .
Any computer employee who meets the applicable compensation requirements and the
above duties test qualifies as an exempt computer professional under both section
13 (a) (1) and section 13 (a) (17) of the Fair Labor Standards Act. (Field Assistance
Bulletin No. 2006-3 (Dec. 14, 2006) ) . Accordingly, this wage determination will not
apply to any exempt computer employee regardless of which of these two exemptions is
utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 100 of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 250 of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work) .
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance, explosives, and incendiary materials. This includes work such as
screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,
and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization,
modification, renovation, demolition, and maintenance operations on sensitive
ordnance, explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordnance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving, unloading, storage, and hauling of ordnance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance, explosives, and incendiary material differential pay.
58
05/09/2023 Item B.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc. ) , the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost) , reimburse all employees for such cleaning
and maintenance at a rate of $3. 35 per week (or $.67 cents per day) . However, in
those instances where the uniforms furnished are made of ""wash and wear""
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1) ,
dated September 2015, unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard
Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination) , be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination (See 29 CFR
4.6 (b) (2) (i) ) . Such conforming procedures shall be initiated by the contractor
prior to the performance of contract work by such unlisted class (es) of employees
(See 29 CFR 4.6 (b) (2) (ii) ) . The Wage and Hour Division shall make a final
determination of conformed classification, wage rate, and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day
of work on which contract work is performed by them in the classification. Failure
to pay such unlisted employees the compensation agreed upon by the interested
parties and/or fully determined by the Wage and Hour Division retroactive to the
date such class of employees commenced contract work shall be a violation of the Act
and this contract. (See 29 CFR 4.6 (b) (2) (v) ) . When multiple wage determinations are
included in a contract, a separate SF-1444 should be prepared for each wage
determination to which a class (es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate (s) .
2) After contract award, the contractor prepares a written report listing in order
the proposed classification title(s) , a Federal grade equivalency (FGE) for each
proposed classification(s) , job description(s) , and rationale for proposed wage
59
05/09/2023 Item B.
rate (s) , including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class (es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the U.S.
Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6 (b) (2) (ii) ) .
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the
contractor.
6) Each affected employee shall be furnished by the contractor with a written copy
of such determination or it shall be posted as a part of the wage determination (See
29 CFR 4.6 (b) (2) (iii) ) .
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of
Occupations"" should be used to compare job definitions to ensure that duties
requested are not performed by a classification already listed in the wage
determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination (See 29 CFR 4.152 (c) (1) ) ."
60
05/09/2023 Item C.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Renae' 011ie
Subject
Consider,and act upon,the approval of a request to construct a new residential structure on an existing lot for retail/office
use, located at 308 N. Ballard within the Downtown Historic District.
Recommendation
Motion to approve the Item as presented.
Discussion
OWNER/APPLICANT: Ashish Patel
The applicant/owner desires to add a secondary detached structure for the purpose of retail office use.The lot area is 9,757
square feet and currently has a 1,250 square foot residential structure with general office use on the lot.
The proposed new structure will be 1,134 square feet.The previous proposal was 1,456 square feet(reduced by 322 square
feet),which includes a 160 square foot covered front porch,four offices,a single restroom,breakroom,and reception area.
The primary exterior material shall be horizontal wood siding with the width between four and five inches, in accordance
with Section 6.3.E.5.f. and painted white. The covered front porch will include handrails and railing.
Six parking spaces with alley access currently exist on the site and meet the required parking standards.
Within the Downtown Historic District, there are both residential and nonresidential uses, which may be located in
either residential structures or commercial structures. To maintain the architectural and historic character of existing
blocks where one type of structure predominates, the following regulations shall apply.
Nonresidential uses may be in residential or commercial structures. Nonresidential uses in residential structures must
be in those blocks where existing residential structures predominate.
In block faces within the District that are currently developed with residential structures, new construction shall be of
historic design. Either residential or nonresidential uses may be located in the residential structures.
HRC Discussion
The Commission asked the applicant if he had a specific user designated. He did not, only that the user would be
commercial or retail as required by the ordinance. The Commission voted 4-1 to recommend approval.
61
05/09/2023 Item C.
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05/09/2023 Item C.
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05/09/2023 Item D.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Renae' 011ie
Subject
Consider, and act upon, the approval of a request for substantial renovation to construct a new kitchen to an existing
residential structure, located at 304 W. Jefferson St. within the Downtown Historic District.
Recommendation
Motion to approve the Item as presented.
Discussion
OWNER/APPLICANT: Luis Gonzalez
The Owner/Applicant proposes to extend the existing residential structure by adding 285 square feet for a kitchen remodel.
The subject property contains an existing 912 square feet residential structure. The property is zoned for residential uses
only within the Downtown Historic District.
The plans indicate the addition will be to the northwest corner of the house. The 285 square feet will consist of a new
kitchen area and a laundry room.New exterior materials and paint will match existing materials. Composite roof shingle
to match existing.
HRC Discussion
The Commission voted 5-0 to recommend approval.
66
05/09/2023 Item D.
RESIDENTIAL ADDTION AT 304 W JEFFERSON ST, WYLIE, TX o
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GENERAL NOTES z
LOOF SIIMMAAY CONTACT INFORMATION o w
1 THE CONTRACTOR SHALL EXAMINE AND BECOME FAMILIAR WITH ALL CONTRACT DOCUMENTS IN THEIR ENTIRETY SURVEY THE AND BEG,OME FAMILIAR WITI I THE AVr'IICARI£CODES IN EFFECT FOR CITY OFNhLIE TEXAS E J
EXISTING CONDITIONS AND SCOPE OF WORK ALI COSTS SUBMITTED SAN I BE BASED ON THOR0i1GH KNONL EDGE OF ALL WORK AND MATERIN REOUIPED ANY OWNER NAME ARENAS LUIS ANTOPIIO GONZALEZ 0
DISCREPANCY AND/OR UNCERTAINTY AS TO WHAT MATERIAL OR PRODUCT IS TO BE USED SHOULD BE VERIFIED WITH 1HE OWASI DR ARCHITECT 304 W JEFFERSON ST WYLIE,TX 75098 "�
ADOPTED O'1OR —I F-.:
2 ALL CONSTRUCTION SHALL COMPLY WITH ALL APPLICABLE FEDERAL,LOCAL,AND STATE CODES AND AMENDMENTS DESIGNER TOG SERVICES Q CO
2021 INTERNATIONAL BUILDING CODE 8000 t ITS 380,SUITL X 100 F—Z
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2021INTERNATIONAL MECHANICAL,CODE GROSS RCADS,TX]622] w O
4 THE CONiRACiOA StNlLBE50LELYAESPONSiBLE FOR CONSTRUCTION MEANS,METHODS,TECHNIOVES,SEQUENCES,AND PROCEDURES REQUIRED FOR SAFE EXECUTION AND Email ln&Io6C30e0ralieryuy an O2
COMPLETION DFWDRK AND FOR INITIATING,MAINTAINING AND SUPERVISING ALL SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK 2021 INTERNATIONAL PLUMBING CODE
5 ANY ERRORS,OMISSIONS OR INCONSISTENCIES ON THESE DRAWINGS OR ANY VARIATIONS OR AMBIGUITIES BETWEEN THESE DRAWINGS AND ACTUAL SITE AND CONSTRUCTION 2020 NANONAL ELECTRICAL CODE STRUCIOAN NAIAENGiA TAN W
CONDITIONS AND/ORRECUIRFMNRS SHALL BEBROUGHA TO THE AT AlOF THE ARCHITECT WA AN(I IMMEDIATELY El60 Legacy 8r.Me B3533, a-,
Plano,Tx,75024
2021 INTERNATIONAL FIRE CODE N
6 IN THE EVENT A DISCREPANCY IS FUND IN THE CONTRACT DOCUMENTS,THE OWNER AND ARCHITECT SHALL BE NOTIFIED IMMEDIATELY 214 254-0420
2021 INTERNATIONAL.ENERGY CONSERVATION CODE Email inioCW+alaenglnnenng com
O cri
T.CONTRACTOR SHALL VERIFY ALL DIMENSIONS IN THE FIELD AND NOTIFY THE ARCHITECT OF ANY DISCREPANCIES PRICE iD CONSTRUCTION Q M
CC
0 CONTRACTOR SHALL VERIFY ALL MEASUREMENTS AT SITE AND BE RESPONSIBLE FOR ACCURACY AND CORRECTNESS OF SAME [L
9 CONTRACTOR SHALL COORDINATE HIS WORK WITH AIL OTHER TRADES NOTIFY ARCHITECT OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION PROJECT DATA
10 THESE DRAWINGS DO NOT CONTAIN COMPLETE SPFCIRGATIONS,DETAILS AND INFORMATION REQUIRED FOR THE INTERIOR FINISHES OF THE PROJECT ADDITIONAL
INFORMATION SHALL BE OBTAINED FROM THE OWNER L
SCOPE OF WORK HOW ADDITION TO REAR OF PROPERTY
11 STORE MATERIALS IN SPACES DESIGNATED BY OWNER. PROJECT ADDRESS 30AN JEFFERSON Si WYLIE,TA,75098 CLIENT
LE9ALADDRESS' BROWNNBURNS(CWY),BD(11,LOT F5A 66A
12 REMOVE RUBBISH FROM PREMISES AS OFTEN Ns NECESSARY OR AS DIRECTED TD MAINTAIN CLEAN AND SAFE PROJECT. YEAR OF BUILDING 1940 LUIS GONZALEZ
13 ALL WORK AND EAUIPMEN I SHALL BE CLEANED TO Nit SANSFACTION OF THE OWNER BEFORE TURNING SAME OVER(0 OWNER. VICINITY MAP
IFSIDENCE(CONCHIONED AREA)9125E
14- - ..
PROPOSED ADDITION(CONDITIONED)258 SF '
15 THE OWNER SHALL PAY ALL FEES,GIVE ALL NOTICES,NLEALL NECESSARY DRAWINGS AND OBTAIN ALL PERMITS AND CERTIFICATES DR APPROVAL REQUIRED AlI CONNECTION '
WITH ALL WORK UNDER THESE CONTRACT DOCUMENTS HE DR SHE SHALL CDMPL'WITH ALL LAWS,ORDINANCES,RULES AND REGULATIONS OF ALL Al1THORDIES HAVING TOTAL CDNDITIOAN 1,170 SF DESCRIPTION.
JURISDICTION lob si@------- �'" --
FRONTPORCH NO SF COVER PAGE
16 THERE SHALL BE NO DEVIATION FROM SPECIFICATIONS WITHOUT THE WRITTEN APPROVAL OP THE OWNER AND ARCHITECT,OR OWNER.ARCHITECT AND ENGINEER
LOT SIZE 7,492 SF
i]DRYWALL INSTALLATION SHALL BE IN CONFORMANCE WITH THE GYPSUM ASSOCIATIONS RECOMMENDED PRACTICES FOR THICKNESS,NAILING,TAPING AND CORRECT STUD
SPACING
10 THE CONTRACTOR SHALL VERIFY THE SIZE,LOCATION OPENINGS AM)CHARACTERISTICS OE ALL WORK AND EQUIPMENT TO BE FURNISHED BY THE OWNER OR OTHERS WITH t
E MANUFACTURER OR SUPPLIER BEFORE ANY PEtAfF9 i0 SAID WCAKMIO/OR EQU
IPMENT
IUIPMENi
19 ALL MATERIALS SHALL RENEW AND OF PREFERRED DOMESTIC MANUFACTURE AND SHALL BEINSTALLED IN STRICT CONFORMANCE WITH NAI ANCTIIAEA'S MSiRUCTIONS
AND/OR RECOMMENDATIONS UNLESS INDICATED OTHERWISE IN THE DRAWINGS AND SPECIFICATIONS ANY CONFLICT FOUND BETWEEN MANI) CNRER'S INSTRUCTIONS AND 1 Lq �ATF
THE DRAWINGS OR SPECIFICATIONS SHOULD BE BROUGHT TO THE ATTENTION OF THE OWNER/ARCHITECT PRIOR TO INSTALLATION 5,0 +a Tc
10/31/2022
.aio SCALE
'SHEET
Al
67
05/09/2023 Item D.
S 89°27'541' E 60.08'
xX X X X x
--10.30'
SHED- x
10.30' oo
co
onVx x
° ° o \CARROT/
N \
CV
o a
v31.2' X.1-1-1T
En
z x co
PROPOSED ADDITION 1 30 0.5'
/ EXISTING
x
oo' / SINGLE
�00'
N
RESIDENCE
x i ,i /
17so�� o x
/1440% X
N 89°31159"W 59.83'
/ —
/// 7/
JEFFERSON ST
SITE PLAN
SCALE:1"=20'
DRAWINGS PROVIDED BY PROJECT DESCRIPTION: SHEET TITLE: oe
SCALE:
TDB THE DRAFTER GUY ROOMS ADDITION SITE PLAN PER DRAWING
RESIDENTIAL&COMMERCIAL PLANS DATE'. A.1 ,1
N00010 ION t )O(10,1 omitx 733 TOLLESON DR,CELINA,TX
E 400-8I1 A EO o ,mm�1 i „ nt 10/31/2022
68
05/09/2023 Item D.
[ II
DFM®I FG;:::NDS. IHIK
"'8 DEMC WAtI I1
I N, DOOR TO Et REMOVED
R --- EXISTING PIPE TO BE REMOVED TO
BOUNCE --3^ -+- aiu.
B FT PLAT /ff U
5
li\ IATIDGY�n
DRYER UENT 6 3 F!GYP Gi.G
i
I i._Y O
w u'u HOC IEI1 q =
---STABII.RE AND DEMO WAIL. f "° _ F H Z
II... XnQ I�I9 Ff GYP CEILING �I .,T qi 6
1,—DEMO KITCHEN CABINETS NeUG d P" r y y V�. .. .. a ((\
/ s i � i i' s e vfx ..xi
286b it aC' 1 Ea.
......... n - N
a
C:,. r _ a 1 l+ m J BATH KITCHEII BATH e
o,ra• ,—
BE.DROOM " BROADOM CD
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ES-73
.Jf _... 1338A.. �i� �� �2fi68T _ BET TYPIFCEIINf 1 �� "
^Z
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i _ C' CLOSET CLOSET �-CLOSET I.OSET 0(74
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V"
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e
'I ........� _ CD
Q
M
3068 .a si ,s CC
0.
BEDROOM BEDROOM
I 9PORCH i3 PORCIN
E
CLIENT
//� DEMO FLOOR PLAN 2 J PROPOSED FLOOR PLAN LUIS GONZALEZ
1) SCALE:1/4"—P
\_ SCALE:1/4"=1'
DESCRIPTION:
FLOOR PLAN
DOOR SCHEDULE _
NUMBER STY TYPE DIMENSIONS HEIGHT THICKNESS CCMMENTE
B
03 1 HINGED 20%80)(13/8'.IRI B 13/8--- ---—
P' 1 EO
2 1 A 3/8 l IN B 8'
8 0' 13/'
WINDOW SCHEDULE
NUY1BEt1 STY TYPE DIMENSIONS STOP MIDEH HEIGHT COMMENTS PATE
WO1 I SIN61£HUNG 26m80':SH 82" 36" 60"
IWE 1 SINGLE HUNG 36"33E'SH 82 36" 36
1 z 6" ON 10/31/2022
W03 1,,,,,LEFT SLIDING 3fi"X,4LS B2 3„„
SCAB
1/4-1 U
:SHEET
A.2
69
05/09/2023 Item D.
P.. ICOMPOSITE ROOF SHRIGIE TO c,
MATCH EXISTING-,/- 1,1
\ ADDITION
i h I
i 10-10 5/8°
0-1
,„„•',11;-.i:;",,_..`-•!Lg.',.:2,:.:...,:'":'",,:`,II:`,7.1•',11;-.''.,;-.''.,;",,`7..:`,7.:`,7.1`,7.1`,7.1`,7.1•',11:.I'''I" '
I HiII
1 ---------- —
......J 1
II-'=f --- HARDIE BRD SIDING
TO MATCH EXISTING 1
>. 2.„
ii 41.
4 _1 L 1 ;,,, t2 -„-,,-.•
FRONT ELEVATION
REAR ELEVATION
SCALE
SCALE1/441"41 401 4
)IUgai'r-,
1 Q i ..,
.- HARM BRD SIOING 10 MUCH EXISTING ,:-.- --I I--:
=(z)
-
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I i I ii L
7111 C,CC
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ADDITION LU
C
LU
1 -. 11//11/1/11 :111111111111111111111111111 CY)
C)..,s-
a.a
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--- SIDE ELEVATION
(3) i 0...
SCALE:1/4"41 Elevation SINK WALL
f
.::!, 2.,..„...!7,:,,,t!,!.,!.,..,:l.t.tsg.v.,,,,......:.:..............,..„............. ..
LUIS GONZALEZ
3001111,40h...,*'t,-,i,,,,,,,s`V..,WitelOgaitutc,1#4
t:,...,1*,4011421, ',,:,------ 140krililLIIP,I,P,,,fg, iLiiIIIMIIIIMilin
, ....12.k.APv,'-__„i4V1111. .:0‘s .,-
,
p.:1,,, voyov :gtttx '• -...-•.•,,,k,„, Cali** DESCRIPTION
i...:itV{IMit$0.:..710,.1 ' . ''. p : '''VV
':40".0'.'- ' ,9'kt.' 111.1 .1 ELEVATIONS...,......:;:.......3g....:,..:.:' .:.:...... ....I
''''''':',31,ILA' .. • .,, ,.. .... ,c,..,./...,,.:, N.,‘
,,,,,,,,,,:,4,ig,.,•,'.,;,,,i,'4,,,..,,.....,;,,;;,,,,,,,ii,„;g.::...,t, ,, ' ,
X X
-,,
SHEET -.
ELevation Island Elevation pantry
Elevation laundry Elevation fridge A.3
70
11\
EXIOOF \�'
POOi
11
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0
9.
\
\\ o
mow
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z
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itito
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C _ PROJECT- _ .,[�or. o
CD `) PROPOSED RESIDENTIAL ADDITION FNUMBER DATER EN REOVI EDB
LE T BY DESCRIPTION, CO- o TC tH1 DR RGLY
.4., W D z 304 W JEFFERSON ST,W 1 LIE RESIDENTIAL&COMMERCIAL PLANS
z
05/09/2023 Item D.
II
ELECTRICAL-DATA- LEGEND 1l
SYMBOL DESCRIPTION
ExHtIng g Fluorescent Troffer �l1
Track I'ghtng,24 track H Type led due voltage 3000k
CO3,R Can Light Ezlshng
Single Pole switch
F4 Duplex Receptacle,ground fault c'reut Interrupter
'HAYe `" Duplex Receptacle >e S
Exhaust Fan
t�
..t2d 0-' W': de 22 Exhaust Fan Adllght ▪ £
- s
ys Wall Jacks:CATS Q Mu
(D Thermostat 0 4 5il
• Zr.® R
'_ `—? Emergency Exit lght'ng,existing,bait.backup. 'x a
1 N
u
fi w 4i
s _
iy CIng Fa P,44 (lush mount , .w
Light Fxture flush mount o E'• �
I Light Fixture,pendant
\ ly RECEPTACLE,SINGLE,FRIDGE
1L �/ Receptacle range hood e2 AFF
O
u.L1Wx Receptacle Electric range 5`AFF 1-
J E-
¢cva
r,Fr NRA F PG�,A arm Z
61.1
1_ALL ELECTRICAL DEVICES AND WORK SHALL COMPLY WITH itiE HIGHEST STANDARD OF THE GOVERNING ELECTRICAL CON
(n
W L
• LL
11 PERFORMANCESTANDAR05 SNALLCONT9RM TO AL APPUCARLE GODES AND REGULATIONS AS ESTABUSNEO BY GOVERNING AND LLI
ANNROVAL AGENCIES. AW
• er
3.ALL DeVICES SHALL BE ILL MPROVEO AND BEAR U.L.LABELS. O.M
0.
CC
4.lINtESS NOTED OTH61Wt$E,ALL SWITCHES AND OUTLET HEIGHTS SHALL 9EAS NOTED ON THESE ORAWIN6S.
1)15"00C.STANDARD[WEFT
ELECTRICAL PLAN 2)46•D.C.TO OUTLET ABOVE 30°CABINET
\� SCALE I/4,1 1)98"OL.TO OUTLET ABOVE 32'CABINET CLIENT
4)30"00C.TO 0211E1'OR SWITCH Al SIDE or CABINEF
LUIS GONZALEZ
5.SWITCH AND DOLL%OUTLETS 0E Marra SWITCHES U?r0(4)FOUR WHEN SHOWN ADJACENT TD EACH OTHER ON PAN SIIIALL BE
GROUPED IININA(1)ONE PLATE.
DESCRIPTION:
6.Miff SERVICES AND LOCATION RCOUIREMFNIS FOR ALL AFFIANCES AND MECHANICAL EQUIPMENT PRIOR10 31S1ALATON.
ELECTRICAL
PLAN
oAT3
10/31/2022
SCAIE.
LSHFFL �
A.5
72
05/09/2023 Item E.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Purchasing Account Code:
Prepared By: Glenna Hayes
Subject
Consider, and act upon the approval of an update to the 2023 Procurement Manual.
Recommendation
Motion to approve the Item as presented.
Discussion
The purpose of the Procurement Manual is to provide the City with the requisite parameters for purchasing goods and services.
The policies are based on Texas statutory provisions as found in the Texas Government Code,Texas Local Government Code,
Texas Insurance Code, and Texas Labor Code,the City Charter, and support the Finance Policies.
Update: Chapter 2—Ethics
• Chapter 2 Ethics—Paragraph A.Prohibited Conduct is amended to add state and federal language:
o City employees shall not participate in the negotiation, selection, discussion, award, or administration of a
contract or procurement supported by public, state or federal funds if:
■ That individual has a substantial interest in a person or entity (2CFR 200.318(c)(2)) that is the
subject of the contract or procurement.
Staff recommends the approval of this update to comply with procurement requirements where funding is from a state or
federal source.
73
05/09/2023 Item E.
PROCUREMENT POLICY
CHAPTER 2®Ethics
A special responsibility is imposed on all City officers, employees, and agents (hereafter referred to as
"employees") entrusted with the allocation of City funds. In government procurement, employees are
held to the highest degree of integrity required to secure best economic results, and required to comply
with the procurement process.
It is critical that all City employees involved in procurement and procurement-related functions remain
independent, free of obligation or suspicion, and completely fair and impartial. Credibility and public
confidence are vital. A shadow of doubt can be as harmful as the conduct itself and employees should
make every effort to:
• Avoid the intent and/or appearance of unethical or compromising practice in relationships,
actions, and communications. If a situation is perceived as real, then it is in fact real in its
consequences.
• Avoid business relationships with personal friends and relatives.
• Avoid holding business meetings with suppliers outside the office. If such a meeting is
necessary, carefully choose the location so there will be no perception by others in the business
community or your peers of impropriety.
A. Employee Standards of Conduct
City Employees will:
o Promote positive vendor relations through courtesy and impartiality in all phases of the
procurement process.
o Actively strive to comply with City policies, federal and state laws regarding purchases
from HUB (Historically Underutilized Businesses)
o Handle confidential or proprietary information belonging to the City, fellow employees
or vendors with care and proper consideration of ethical and legal ramifications, and
governmental regulations.
o Never use information gained confidentially in the performance of duties for profit.
• Prohibited Conduct:
City employees shall not participate in the negotiation, selection, discussion, award or
administration of a contract or procurement supported by public, state or federal funds if:
o That individual has a substantial interest in a person or entity ( Chapter 171 of the
Texas Local Government Code)that is the subject of the contract or procurement.
o That individual has a substantial interest in a person or entity (2CFR 20O.318(c)(2)) that
is the subject of the contract or procurement.
o A conflict of interest exists. A conflict arises when a City employee, officer or agent, or
any relative or potential relative thereof(family members), a partner or a person or an
organization that employs or may employ in the near future any of these individuals, has
a financial or other interest(directly or indirectly) in the sale to the City of any materials,
supplies or services, including any proposed or existing contract, purchase, work, sale,
or service to,for,with, or by the City.
ISSUED:OCTOBER 2020
REVISED: JANUARY 2023
Approved by Wylie City Council: 9/27/2022; 1/24/2023,5/9/2023
page 6
74
05/09/2023 Item E.
PROCUREMENT POLICY
• Personal and Non-Profit Agency Use Prohibited:
The purchase of goods,equipment or services for personal use by a City officer, employee,agent,
or family members, or made by same on behalf of a non-profit agency, from City
business accounts and/or contracts is prohibited.
o Employees that are involved in contract negotiations should not purchase merchandise or
services for personal use with a vendor that is currently working, seeks to work, or has
worked for the City.
o Employees shall NOT use the City of Wylie tax exemption forms for personal or non-
profit use, nor set up accounts with a City tax exemption form in their personal name.
o A City officer, employee, agent, or family member may purchase merchandise or
services from a vendor doing business with the City provided that the price at which
the item is purchased is the same price charged to a designated segment of the public
regardless of place of employment, or all officers and employees of the City.
o If a City officer, employee,agent, or family member acquires merchandise or services
for the employee's personal use from a vendor doing business with the City, such
merchandise or services may not be delivered to the employee or another City employee
unless the acquisition is paid directly to the vendor by the employee. No personal
invoices are to be mailed to an employee (or another City employee for or on behalf of
the employee) at the employee's (or other employee's) place of work. Neither the
vendor nor the employee may process the purchase under the City's tax exempt status.
Employee is responsible for payment of applicable sales tax.
• Gratuities(Gift and Entertainment):
City employees shall not:
o Solicit and/or accept benefits or gifts of any kind from vendors, actual or potential.
o Provide special favors or privileges to anyone, either as payment or under any other
circumstances.
o Be in violation of any City ordinances or HR Policies regarding ethics/gifts.
B. Employee Conflict or Substantial Interest
In the event of a conflict of interest or substantial interest, as set forth above, the affected employee
must adhere to the following procedures:
• Sign a declaration of possible Conflict of Interest form;
• Abstain from participating in the procurement process, which includes, but is not limited to,
discussions, lobbying, rating, scoring, recommending, explaining or assisting in the design or
approval of the procurement process, selection of vendors, or the award of the contract:
o Where the officer, employee, agent or family member directly represents an
organization or may receive an economic benefit;
o Where the officer, employee, agent or family member may directly receive an
economic benefit;
o Where the officer, employee, agent or family member is in direct competition with a
proposal or bid which would provide a direct financial benefit;
ISSUED:OCTOBER 2020
REVISED: JANUARY 2023
Approved by Wylie City Council: 9/27/2022; 1/24/2023,5/9/2023
page 7
75
05/09/2023 Item E.
PROCUREMENT POLICY
Any deviation from this policy must be submitted in writing by the Director, providing departmental
procedures detailing how the conflict will be managed, and approved by the Purchasing Manager and
Finance Director.
C.Vendor Conduct
Vendors,their officers, employees, agents, partners or sub-contractors, seeking to do business with the
City or contracted to do business with the City must:
• At all times be in compliance with all federal, state and local laws;
• Conduct themselves ethically and refrain from any exchange of favors, money, gifts or other
forms of favor with any City officers, agents, employees, employee family members or potential
family members;
• Maintain an accurate "Conflict of Interest Questionnaire" (Texas Ethics Commission) with the
City Secretary's office;
• Vendors, their officers, employees, agents, partners or sub-contractors, who are directly
involved with the writing of any type of specification created for the purposes of a fair and open
procurement process, may not submit an offer or response.
Violation of this policy may result in the Vendor, their officers, employees, agents, partners or sub-
contractors being barred from working with the City, or in the voiding of any contracts. Violations of
state or federal law shall be referred to the proper authority having jurisdiction over same.
D.Violations and Remedies
Violations of policy may constitute misconduct, subjecting the violator to any and all penalties
prescribed by federal and/or state law,the City's HR Manual, City Ordinance or City Charter; up to and
including termination.
Penalties, sanctions or other disciplinary actions,to the extent permitted by federal, state or local law,
rules or regulations, shall be imposed for violations of the code of conduct/conflict of interest standards,
by a City officer, employee or agent, or by persons, contractors or their agents,when the procurement
involves state or federal programs and/or funds.
Violations of state or federal law shall be referred to the proper authority having jurisdiction
over same.
E. Disclosure of Certain Relationships:
City employees and officials must become familiar with the requirements in Texas Local Government
Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers; and Texas Local
Government Code Chapter 171, Regulation of Conflicts of Interest of Officers of Municipalities; and the
penalties provided therein.
ISSUED:OCTOBER 2020
REVISED: JANUARY 2023
Approved by Wylie City Council: 9/27/2022; 1/24/2023,5/9/2023
page 8
76
05/09/2023 Item F.
Wylie City Council
CITY OF
AGENDA REPORT
413-5413-58210($56,082)
414-5412-58210($688,885)
Department: Purchasing Account Code: NTMWD ($2,755,865)
Prepared By: Glenna Hayes
Subject
Consider, and act upon, the award of bid #W2023-22-B for Eubanks Lane Improvements from Hwy. 78 to North Texas
Municipal Water District Entrance Drive to McMahon Contracting, LP in the amount of$3,444,832 and authorizing the City
Manager to execute any and all necessary documents.
Recommendation
Motion to approve the Item as presented.
Discussion
The Eubanks Lane Widening Project will improve Eubanks Lane for approximately 1,200 linear feet,from State Highway 78
to the North Texas Municipal Water District (NTMWD) driveway. Currently, Eubanks Lane is a two-lane asphalt road, and
it will be expanded to a four-lane concrete road, with a median along the corridor adjacent to and across DART ROW. The
improvements include a turn lane from SH 78 north onto Eubanks Lane, updates to the signal light at SH 78 and Eubanks
Lane, sidewalks, and drainage updates. All right-of-way has been acquired and utility relocations are under construction.
Coordination with the NTMWD, KCS, and DART is ongoing.
Degradation of the roadway conditions is due to the increase in traffic and the NTMWD trucks that frequent the road. As a
result, in 2016. the NTMWD partnered with the City through an Interlocal. Agreement (ILA) to fund 80% of the construction
costs for the improvements. The remaining 20% of the construction cost will be funded through the City's East and West
Thoroughfare Impact Fees.
The City completed a competitive sealed bid process to be awarded to the lowest responsive responsible bidder. Three (3)
bids were received with the apparent low bidder McMahon Contracting LLP. The bid and references were reviewed by the
engineering firm of record(Halff Associates), with an award recommendation to McMahon.
Since 2016,due to increased construction costs,the City requested an additional$2.4M from the NTMWD to finalize funding
based on the bid pricing for the subject construction contract.This added funding was subsequently approved at the District's
April 27th Board Meeting. In total,the NTMWD's share of this contract will be$2,755,865 and their share of the total project
(including the railroad crossing and geotechnical testing under separate contracts) will be $3,758,083.
Staff recommends the award of#W2023-22-B for Eubanks Lane Improvements from Hwy. 78 to North Texas Municipal
Water District Entrance Drive to McMahon Contracting, LP in the total amount of$3,444,832.00 consisting of the base bid
amount of$2,995,505.86 and $449,326 (pre-award of 15% for change orders as outlined in Texas Local Gov Code 252.048),
as the lowest responsive, responsible bidder.
77
05/09/2023 Item F.
a ITY
WYLIE
BID TABULATION
W2023-22-b
EUBANKS LANE IMPROVEMENTS
March 30, 2023 @ 3:00 pm CDT
Respondents:
McMahon Contracting LLP $2,995,505.86
Rebcon LLC $3,271,266.00
Tiseo Paving Company $3,171,924.90
I certify that the above includes all firms who submitted a bid and that pricing is as submitted.
SfefiliffC)ii�eA �i 2 02
Glenna Hayes C.P.M., A.P.P. Purchasing Manager Date
"BID TABULATION STATEMENT"
ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS
OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL
APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED
WILL BE AVAILABLE FOR INSPECTION AT THAT TIME.
PURCHASING DEPARTMENT
CITY OF WYLIE,TEXAS
78
05/09/2023 Item G.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Purchasing Account Code: 100-5231-58510
Prepared By: Glenna Hayes
Subject
Consider, and act upon, the purchase of two (2) 2016 Horton Ford F550 ambulances from Siddons-Martin Emergency Group
in the amount of$247,403.00; and authorizing the City Manager to sign any and all necessary documents.
Recommendation
Motion to approve the Item as presented.
Discussion
Wylie Fire Rescue is creating an Emergency Medical Services Division. The new division will take over providing EMS
services to the Southeast Collin County EMS Coalition. Members of the coalition include Lavon,Wylie, St.Paul,Parker,and
Collin County. To ensure we are able to provide an adequate level of service the City of Wylie will need five ambulances.
Currently,WFR owns two ambulances and has a third one on order. Continued supply chain issues have extended the delivery
times on new units to approximately two years, giving a best-case delivery scenario of February 2025. These two 2016 units
are available for delivery and are being serviced by both Siddons-Martin and a local Ford dealer. WFR anticipates the units
to be placed in-service approximately 60 days after receipt.
Staff recommends the purchase of two(2)2016. Horton Ford F550 ambulances from Siddons-Martin Emergency Group in the
amount of$247,403.00 as providing the best overall value to the City.
79
05/09/2023 Item H.
Wylie City Council
CITY O
AGENDA REPORT
Department: Purchasing Account Code: 100-5231-52250
Prepared By: Glenna Hayes
Subject
Consider,and act upon,Resolution No.2023-07(R)authorizing the purchase of a LIFEPAK 15 V4 Cardiac Monitor and service
agreement from Stryker Sales Corporation Medical Division, as a single source purchase exempt from the competitive bid law
ilursuant to Local Government Code, Section 252.022(a), in the amount of$50,926.68; and authorizing the City Manager to
execute any necessary documents.
Recommendation
I otion to approve the Item as presented.
Discussion
Wylie Fire Rescue intends to provide the Southeast Collin County EMS Coalition with three ambulances beginning in October
2024. The acquisition of this LIFEPAK 15 AED heart monitor, accessories, and annual service agreement will allow WFR to
equip the third ambulance to be able to provide advanced lifesaving care.
Staff recommends the approval of this Resolution authorizing the purchase of a LIFEPAK 15 V4 unit and associated service
program as providing the best overall value to the City. Approval of this purchase will also establish a four (4) year annual
service and preventative maintenance agreement. This purchase is made as both a single source purchase and as a procurement
necessary to preserve or protect the public health or safety of the municipality's residents as providing the best value to the
City. The City is authorized to purchase to make this purchase as exempt from competitive bidding,under Local Government
Code 252.022(a).
Wylie Agreement#W2023-75-3
80
05/09/2023 Item H.
RESOLUTION NO. 2023-07(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
TO AUTHORIZE THE PURCHASE OF A LIFEPAK® 15 V4 CARDIAC
MONITOR UNIT, RELATED ACCESSORIES, AND PREVENTATIVE
MAINTENANCE SERVICE AGREEMENT FROM STRYKER SALES
CORPORATION MEDICAL DIVISION IN THE AMOUNT OF $50,926.68.
WHEREAS,Wylie Fire Rescue has identified a need to purchase new a LIFEPAK® 15 V4 cardiac
monitoring unit,related accessories and preventative service agreement; and
WHEREAS, procuring life-saving medical devices is critical to providing effective emergency
medical services to the public; and
WHEREAS, the purchase of the LIFEPAK® 15 V4 cardiac monitor, related accessories, and
preventative service agreement is necessary to preserve and protect the public health and safety and is
exempt from competitive bidding pursuant to Section 252.022(a)(2)of the Local Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
Section I. The City Council hereby approves the purchase of a LifePak® 15 V4 cardiac monitor
unit, related accessories, and preventative service agreement from Stryker Sales Corporation Medical
Division, in the amount of$50,926.68.
Section II. The City Council hereby finds and determines that the purchase of a LifePak® 15 V4
cardiac monitor,related accessories,and preventative service agreement is necessary to preserve and protect
the public health and safety and is exempt from competitive bidding pursuant to Section 252.022(a)(2) of
the Local Government Code.
Section III. The City Council hereby authorizes the City Manager or his designee to execute any
and all documents in connection with the above expenditure.
Section IV. This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the
9th day of May, 2023.
Matthew Porter,Mayor
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No. 2023-07(R)-LIFEPAK 15 V4 Cardiac Monitor Purchase Page 1 of 1
81
05/09/2023 Item 9.
Wylie City Council
CITY OF
AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: City Secretary
Subject
Consider, and act upon,the appointment of Mayor pro tern for a term beginning May 2023 and ending May 2024.
Recommendation
Motion to approve the appointment of as Mayor pro tern for a term beginning May 2023 and ending May
2024.
Discussion
The Charter states the Mayor pro tern shall be a councilmember elected by the City Council at the first regular City Council
meeting following each regular City election. The Mayor pro tern shall act as Mayor during the disability or absence of the
Mayor, and in this capacity shall have the rights conferred upon the Mayor.
82
05/09/2023 Item 2.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Tabled from 04-25-2023
'emove from table and consider
Consider, and act upon, Ordinance No. 2023-17 for a change in zoning from Manufactured Home (MH) to Commercial
Corridor-Special Use Permit(CC-SUP)to allow for a motor vehicle fueling station with convenience store and car wash on
1.793 acres,property located at 1001 S. Highway 78 (ZC 2023-05).
Recommendation
I otion to approve the Item as presented.
Discussion
On April 11,2023 City Council approved the writing of an Ordinance for a change in zoning from Manufactured Home(MH)
to Commercial Corridor- Special Use Permit(CC-SUP) to allow for a motor vehicle fueling station with convenience store
and car wash on 1.793 acres,property located at 1001 S. Highway 78 (ZC 2023-05).
Final approval of Zoning Case 2023-05 requires the adoption of the Ordinance to amend the zoning accordingly in the Official
Zoning map of the City;and providing a penalty clause,a repeal clause,a savings clause,a severability clause,and an effective
date.
The subject Ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (SUP Conditions), and Exhibit C
(Zoning Exhibit)are included and made a part of this Ordinance.
The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive
Zoning Ordinance of the City, as amended herein by the granting of this zoning classification.
83
05/09/2023 Item 2.
ORDINANCE NO. 2023-17
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE
HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2023-05,
FROM MANUFACTURED HOME (MH) TO COMMERCIAL CORRIDOR -
SPECIAL USE PERMIT (CC-SUP), TO ALLOW FOR COMMERCIAL
DEVELOPMENT OF A MOTOR VEHICLE FUELING STATION,
CONVENIENCE STORE,AND CAR WASH;PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie,
Texas, in compliance with the laws of the State of Texas with reference to the amendment of the
Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after
holding due hearings and affording a full and fair hearing to all property owners generally and to owners
of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive
Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be, and the
same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of Commercial Corridor - Special Use Permit (CC-SUP),
said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all
purposes.
SECTION 2: That Special Use Permit Conditions and the Zoning Exhibit are an integral
component of the development of the property and attached as Exhibits B and C,respectively.
SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be,
and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 4: That the above described property shall be used only in the manner and for the
purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the
granting of this zoning classification.
SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or
the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is
hereafter amended.
SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a
whole.
Ordinance No. 2023-17 Wylie Gas and Car Wash ZC 2023-05 Page 1 of 2
84
05/09/2023 Item 2.
SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time
of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th
day of May 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
DATE OF PUBLICATION: May 17,2023, in the Wylie News
Ordinance No. 2023-17 Wylie Gas and Car Wash ZC 2023-05 Page 2 of 2
85
05/09/2023 Item 2.
Exhibit "A"
Legal Description
ZC 2023-05
BEGINNING at a 5/8 inch capped rclo•aar stamped "RPLS 3949`" found at the
south corner of a tract described as "Pared 28 Part l" in the Deed to the
State of Texas recorded in Volume 4259, Page 1657„ Deed Records, Catlin
County. Texas;
THENCE NORTH 25°45°0 " EAST. with the southeast line of the said
'"'Parcel 28 - Part 1",, a distance of 9.64 feet to a 518 inch capped
rehar stamped "SPC)ON'ER 5922°' found at the northeast corner
of "Pared 28 - Part l", on the monumented southeast right of
way of State Highway No, 78 (a variable width right of way as
shown in Texas State Highway Department Right-of'Way Map
for State Highway No. 78 dated August 195 5 no dedicating
document found l;
THENCE NORTH 49''03'"55- EAST, with the said southeast right of way
of State Highway No. 78, a distance of 2.29,02 feet to an angle
point from which a found 518 inch capped rebar stamped
"SPOONER 5922" 'bears SOUTH $$/ WEST, a distance of 0,3
of a foot;
THENCE NORTH f'3&37' EAST. continuing with the southeast right
of way of State Highway No. 78, a distance of 187,07 feet to a
set 1,,;2 inch capped rehar stamped ".1PH Land Surveying", from
which a found 5,8 inch capped reba.r stamped "SPOONER
592.2„ hears WY. TH 51'"36.37 EAST, a distance of 215..26
feet
THENCE though the interior of the aforementioned Wylie 33 78, tract, the
frbllowing calls:
1.. SOUTH 3$9)728 EAST a distance of 1 22,93 feet to a set Mag
Nail with washer stamped"JPH Land Surveying";
2 SOUTH 5 f`-5 2';2" WEST,a distance of 18.00 feet to a set Mag
Nail with washer stamped "'OH Land Surveying"
3. SOUTH 38'07"28" EAST, a distance of 229.15 feet to a 1,/2
inch capped rehar stamped "PH Land Surveying" set on the
south line of the Wylie 3-78 tract;
THENCE NORTH Ski 34'05- WEST, with the said south line of the Wylie
n-7:8 tract, a distance of 52„.20 feet returning to the POINT
OF 't ECINNIN6 a enclosing 1.731 acres (-a;- 75,401 square
feet),
86
05/09/2023 Item 2.
Wylie Gas Station & Car Wash
EXHIBIT "B"
Conditions For Special Use Permit
I. PURPOSE:
The purpose of this Special Use Permit is to allow for a gas station and car wash service
use.
II. GENERAL CONDITIONS:
1. The site shall be developed and uses allowed shall be in accordance with
Commercial Corridor(CC) design standards, as provided in Article 4 and 5 of the
City of Wylie Zoning Ordinance as adopted April 2021, except as specifically
provided herein.
2. This Special Use Permit shall not affect any regulations within the Zoning
Ordinance (adopted as of April 2021), except as specifically provided herein.
3. The design and development of the Wylie Gas Station & Car Wash development
shall take place in general accordance with the Zoning Exhibit(Exhibit C).
III. SPECIAL CONDITIONS:
I. The following listed uses as defined in Article 5 of the Zoning Ordinance
(adopted as of April 2021) and as depicted in the Zoning Exhibit(Exhibit"C")
shall be allowed by-right:
a. Car Wash
b. Fueling Station
c. Convenience Store
2. Section 4.1.C(3) of the Zoning Ordinance (adopted as of April 2021) shall be
amended to allow for service and loading areas to be visible from a public street
for Lot 2 of the Zoning Exhibit (Exhibit C) to allow for the car wash bay to face a
public street.
3. The square footage of the signage depicted on the Zoning Exhibit (Exhibit C)
shall be permitted.
87
05/09/2023 Item 2.
EXISTING LEGEND //jj�
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88
05/09/2023 Item 2.
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05/09/2023 Item 2.
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93
SUP Request - Ordinance 2023-17/ZC 2023-05
Murphy Express & Take 5 Car Wash
Planning & Zoning — Approved 3/21/2023
City Council Regular Agenda — Approved 4/11/2023
City Council Consent Agenda — 5/9/2023
Answers to Previously Voiced Concerns
• Noise/Neighboring Residential Impact
• There is an existing industrial park at rear of property - mobile home park owner states no
prior resident complaints reported
• Mobile home park owner wants what's best for remaining residents and revenue they
generate for him, has their best interest at heart. Mobile home park is a for -rent community
• Mobile home park owner installing green space between car wash lot and remaining mobile
homes
• A screening wall will be installed along Northeastern property line bordering remaining
mobile home park to reduce impact
• Traffic Congestion/Proposed Traffic Light
• Existing 3-way traffic light in place — applicant converting to 4-way signalized intersection
• Applicant spending $250K for traffic infrastructure improvements at this intersection
• TXDOT controls Hwy 78 and strict when it comes to traffic requirements — they will ensure we
install the necessary infrastructure to keep safety standards in check based on traffic study
required to be completed by applicant
• Subject property is shown on the future land use map as commercial use
• Car Wash Door Orientation
• New landscape screening to be installed in front of car wash exit door
Existing wall to be removed
Proposed curb cut into
development
Proposed dedicated eft
hand turn lane
Proposed traffic fight
representat on
Southbound view on Hwy 78
at subject intersection
Proposed
dedicated left hand
turn lane
I 1 Proposed location of
4th traffic light
Existing portion of
mobile home park
to remain
C7L'I'UtUlcify
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City of Wylie Future Land Use Map Draft
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799 Greenbriar Rd.
Fate, TX. 75132
972-772-4901
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TOTAL: 308.60
ADDRESS:
Murphy USA
Highway 78 & Westgate
Wylie. Texas 75098
DATE:
2/25/2023
DESIGNER:
SPW
PROJECT MANAGER:
ELECTRONIC FILE NAME:
22124
APPROVAL DATE:
REV3
CLIENT SIGNATURE:
PAGE M
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05/09/2023 Item 3.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Renae' 011ie
Subject
Consider,and act upon,Resolution No.2023-08(R),approving a Chapter 380 Grant Agreement between the City of Wylie
and Agape Resource and Assistance Center,a Texas nonprofit 501(c)(3)tax exempt corporation,and authorizing the City
Manager to execute the Chapter 380 Grant Agreement.
Recommendation
Motion to approve the Item as presented.
Discussion
Owner: Agape Resource and Assistance Center
Representatives of Agape Resource and Assistance Center discussed their potential project(Jericho Village)with Council
during a work session in February 2021.As a result of that discussion,the owner has completed the submittal process and
zoning and subsequent plans have been approved by Planning and Zoning Commission and City Council.Jericho Village
will consist of nine two-story residential buildings. There will be 12 - one bedrooms, 21 - two bedrooms, and 5 - three
bedrooms,totaling 38 units. The units include studio,one,two,and three bedroom apartments at minimum 464, 650, 809,
and 1,096 square feet, respectively. The proposal includes amenities such as a staffed community center, Xeriscape
landscaping, and an urban garden.
What benefits does Agape bring to Wylie?The mission of Jericho Village is to offer an actively managed social services
living facility.Agape addresses some of the priority areas as stated in the 2020 Collin County Community Homeless Plan:
Housing people without support services simply does not work. Even the evidence-based practice of Housing First
recognizes the limitation of housing only. We must prioritize the immediate housing need but not dismiss the pre-housing,
secondary and tertiary needs. The needs vary from person to person and include case management,financial management,
health care, behavioral health (mental health and substance abuse), as well as assistance with identification, workforce
training and job placement, childcare, transportation,food and clothing. With the appropriate wraparound supports,
individuals and families can reach a level of stability to maintain housing long-term. Research shows that such supports
along with housing allow individuals and families to return to self-sufficiency and become an integral and valued part of
the community fabric.
There is significant diversity among people experiencing homelessness. Their skills, talents, circumstances and challenges
are as varied as the population of Collin County as a whole. It is critical that support services are developed and
implemented with this diversity in mind.
The grant is in the form of a reimbursement payable to Agape in an amount not to exceed $200,000. The amount of the
Grant Agreement is based on estimated development fees in the amount of $184,294.82. The agreement outlines the
performance criteria that must be met by the owner in order to receive the grant from the City. The owner has stated that
the total project cost will be at least$6,500,000.
94
05/09/2023 Item 3.
In accordance with the terms of the Chapter 380 Grant Agreement,Agape agrees to, among other things:
a) obtain the required permits to begin construction on the Property on or before December 31,2023;
b) obtain a permanent Certificate of Occupancy from the City for the Facilities and occupy the Facilities on or before
June 30, 2025;
c) shall maintain continuous occupancy of the Facilities for at least ten years thereafter;
d) comply with the Declaration of the Deed Restrictions dated April 11, 2023.
If approved, the City will abide by the guidelines of HB 2404, which went into effect September 1, 2021, that obligates
the City to comply with certain new reporting requirements relating to Chapter 380 agreements.
Additionally,the City must provide on the City website a direct link to the Comptroller's database.
95
05/09/2023 Item 3.
RESOLUTION NO.2023-08(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO EXECUTE A CHAPTER 380 GRANT AGREEMENT BY AND
BETWEEN THE CITY OF WYLIE AND AGAPE RESOURCE & ASSISTANCE
CENTER,INC.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, THAT:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie, Texas, the Chapter 380 Grant Agreement by and between
the City of Wylie,Texas and Agape Resource&Assistance Center,Inc.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th
day of May, 2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Resolution No. 2023-08(R)-Agape Chapter 380 Agreement Page 1 of 1
96
05/09/2023 Item 3.
CHAPTER 380 GRANT AGREEMENT
This CHAPTER 380 GRANT AGREEMENT ("Agreement") is entered into by and
between AGAPE RESOURCE &ASSISTANCE CENTER, INC., a Texas nonprofit 501 (c) 3 tax
exempt corporation ("Company"), and the CITY OF WYLIE, TEXAS ("City"), a home-rule
municipality. City and Company are each referred to herein as a "party" or collectively as the
"parties."
WHEREAS, the City Council of the City of Wylie, Texas ("City Council")has found that
it is in the best interest of the City and its citizens to encourage programs, including programs for
making loans and grants of public money to promote local economic development and stimulate
business and commercial activity in the City pursuant to Chapter 380 of the Texas Local
Government Code, as amended ("Chapter 380");
WHEREAS, the Company represents that it is a nonprofit corporation providing housing
and transitional services to homeless single women, mothers and their children; and
WHEREAS, the Company proposes to: (i) be the sole owner of that certain parcel of land
containing 2.4573+acres, situated in the City of Wylie,Collin County,Texas, as more particularly
described in Exhibit A, attached hereto and incorporated herein for all purposes (the "Property");
and (ii) construct or cause to be constructed on the Property 38 multifamily residential units and a
community center known as Jericho Village, consisting of nine residential buildings with 12 one-
bedroom units, 21 two-bedroom units and five three-bedroom units, subject to final site plan
approval by the City(collectively, the "Facilities"), as shown in the concept plan, attached hereto
as Exhibit B and incorporated herein or all purposes (as may be modified from time to time with
the City's prior approval), and according to plans and specifications complying with this
Agreement and applicable ordinances of the City and as approved by the City;
WHEREAS, the City Council seeks to encourage and maintain community diversity by
ensuring housing choices to meet the needs of persons of different ages,incomes and/or social and
economic backgrounds and different households and family structures; and
WHEREAS, the City Council finds that the Company meets the criteria for providing the
Grant(hereinafter defined),pursuant to Chapter 380,based on, among other things,the Company:
(a) constructing or causing to be constructed the Facilities on the Property in the City; and (b) is a
nonprofit organization; and(c) creating employment opportunities for the citizens of the City;
WHEREAS, the Company agrees that the City's obligation to perform or take any action
under this Agreement is strictly contingent on the Company's compliance with this Agreement,
including completion of the Performance Requirements as defined in this Agreement;
WHEREAS, the City is willing to provide the Company with economic assistance on the
terms and subject to the conditions as stated herein, and the Company is willing to accept the same
subject to all terms and conditions contained in this Agreement;
Chapter 380 Grant Agreement—Jericho Village Page 1 of 17
3994006
97
05/09/2023 Item 3.
WHEREAS, in consideration of the City's obligations hereunder, the Company desires to
consent to complying with the City's standards for building products and materials and aesthetic
methods, as referenced in Exhibit C, attached hereto and incorporated herein for all purposes
(collectively, "Building Materials Standards"), in the construction, renovation, maintenance and
alteration of all buildings currently existing and to be built in the future on the Property,regardless
of whether the Property develops as Company desires or intends or not; and
WHEREAS, the City Council hereby designates the Property for its historical, cultural or
architectural importance and significance pursuant to Section 3000.002(d) of the Texas
Government Code; and
WHEREAS, the parties agree that they enter into this Agreement pursuant to Section
3000.002(d) of the Texas Government Code with the full understanding and intent that the City
will have the right, but not the obligation, to enforce the Building Materials Standards on the
Property as of the Effective Date of this Agreement(hereinafter defined); and
WHEREAS,the City Council finds that this Agreement substantially advances a legitimate
interest of the City by promoting economic development, expanding the tax base of the City,
generating new tax revenue for jurisdictions in Collin County,which will help stimulate the overall
local economy.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, the City and the Company agree as follows:
1. Findings Incorporated. The findings set forth above are made a part of this Agreement as
if set forth herein verbatim.
2. Chapter 380 Grant; Grant Term.
a. Subject to the terms of this Agreement and provided that the Company has
complied and continues to comply with all of the Performance Requirements set
forth in Section 3 below, the City will, pursuant to Chapter 380, provide to the
Company an economic development grant (the "Grant") in the form of a
reimbursement payable to the Company in an amount equal to the lesser of (i)
$200,000.00; or (ii) the total amount of the roadway water and wastewater impact
fees, development inspection fees, parkland dedication and development fees, fire
development and inspection fees, fire Sprinkler and alarm permit fees (excluding
annual City permitting fees) and building permit fees actually assessed and
collected by the City in connection with the development of the Facilities on the
Property during the period from the Effective Date of this Agreement to the date of
issuance of a permanent Certificate of Occupancy for the Facilities (the "Grant
Chapter 380 Grant Agreement—Jericho Village Page 2 of 17
3994006
98__.
05/09/2023 Item 3.
Term")) In the event the Company does not receive the maximum amount of the
Grant provided herein during the Grant Term, the City shall have no obligation to
pay to the Company any portion of the Grant after the Grant Term has expired.
b. The Grant shall be payable within thirty days after the date the Company provides
the City with evidence demonstrating the Company's completion of and
compliance with all of the Performance Requirements set forth in Section 3 below.
Notwithstanding any provision in this Agreement to the contrary, the City shall
have no obligation to pay or provide any portion of the Grant, and Company shall
repay City in an amount equal to the amount of the Grant paid to the Company
under this Agreement, in the event that (i) the Company vacates the Property prior
to completion of the Facilities, as determined by City in its sole discretion; (ii) the
Company abandons the Facilities construction project, as determined by City in its
sole discretion; (iii) the Company fails to complete construction of the Facilities in
accordance with the terms of this Agreement; or(iv) the Company fails to comply
with any of the other Performance Requirements set forth below. Such remedies
are in addition to any other remedies provided under this Agreement or by law.
c. The Company acknowledges and agrees that the City is not certifying or otherwise
encumbering any funds for the payment of the Grant due under this Agreement and
does not have any monies budgeted for the same. The Company agrees not to make
any claims against the City for any monies other than those from the fees collected
on the Property, and nothing in this Agreement shall require City to make payment
from revenue sources other than the same.
3. Performance Requirements. The following conditions must be satisfied by the Company
during the Grant Tenn in order for the Company to qualify for the Grant (collectively, the
"Performance Requirements"):
a. The Company shall obtain or cause to be obtained a building permit for the
Facilities,pay to the City all applicable permit fees, impact fees and other fees and
cause the commencement of construction of the Facilities on the Property on or
before December 31, 2023. For purposes of this section, "commencement of
construction" shall mean (i) the issuance of a building permit for the Facilities; (ii)
the issuance of a notice to proceed to a third-party contractor, and(iii) the start of
grading of the Property for the Facilities; and
b. The Company shall invest at least $6.5 million in real property improvements and
business personal property in the Facilities, including the cost of the land, related
to the development of the Facilities on the Property on or before June 30, 2025; and
The following fees are not subject to reimbursement or waiver under this Agreement: (1) third-party review and
inspection fees associated with the fire underground, fire sprinkler and fire alarm plan; (2) sales and property (ad
valorem)taxes; and(3)all other municipal taxes and fees,if any,not specifically described in Section 2.
Chapter 380 Grant Agreement—Jericho Village Page 3 of 17
3994006
99
05/09/2023 Item 3.
c. The Company shall obtain a permanent Certificate of Occupancy from the City for
the Facilities and occupy the Facilities on or before June 30, 2025, and shall
maintain continuous occupancy of the Facilities for at least ten(10)years thereafter;
and
d. The Company shall comply with that certain Declaration of Deed Restriction dated
April 11, 2023,relating to use of the Property; and
e. The Company shall cause all construction contracts in the amount of$100,000.00
or more for construction of the Facilities and all other improvements on the
Property ("Separated Materials Contracts") to (i) separately identify labor and
material components for purposes of deteiinining sales and use tax pursuant to
Section 151.056(b) of the Texas Tax Code resulting in the value of the materials
being separately identified from other costs, and (ii) to the extent reasonably
possible, state that the situs of any sales and use tax paid and related thereto will be
Wylie, Texas. Separated Building Materials Contracts shall include but not be
limited to contracts for the following construction materials: concrete, steel
(foundation as well as framing), pre-cast concrete/windows/glass/exterior siding,
heating ventilation air conditioning plumbing (HVAC), lighting, roofing, piping
(water, sewer and storm water); and
f. Building Materials Standards.
(i) In the construction, renovation, maintenance and alteration of any existing
or future building on the Property, including the Facilities, Company shall
not use or install, or permit the use or installation of, any building product
or material or aesthetic method that does not comply with the Building
Materials Standards, notwithstanding any conflicting provision of Chapter
3000 of the Texas Government Code, as it exists or may be amended.
Company also shall comply with any City-approved facade plans for the
Property, as they exist or may be amended by City, notwithstanding any
conflicting provision of Chapter 3000 of the Texas Government Code, as it
exists or may be amended. Company voluntarily consents and agrees to
comply with this Agreement, the Building Materials Standards and any
approved facade plan(s) in the construction, renovation, maintenance and
alteration of any existing or future building on the Property.
(ii) City designates the Property for its historical, cultural or architectural
importance and significance pursuant to Section 3000.002(d) of the Texas
Government Code. Company voluntarily consents and agrees to such
designation. Company voluntarily waives any rights or protections that
may exist under Chapter 3000 of the Texas Government Code, as it exists
or may be amended, with respect to any existing or future building on the
Property, and further agrees that City's right to enforce the Building
Materials Standards arise from this Agreement and not from a rule, charter
Chapter 380 Grant Agreement—Jericho Village Page 4 of 17
3994006
100
05/09/2023 Item 3.
provision, ordinance, order, building code or other regulation of City.
Company agrees that City is entitled to amend, revise, supplement and
otherwise modify the Building Materials Standards in City's sole discretion.
(iii) The obligations under this Agreement relating to the Building Materials
Standards shall be automatically null,void and of no legal effect in the event
that Chapter 3000 of the Texas Government Code is repealed or amended
such that City's authority to enforce the Building Materials Standards is not
limited or preempted in any way under Texas law.
g. The Company shall pay all taxes and other governmental assessments as applicable
for the Property and the Facilities when due.
h. The Company shall continuously comply with this Agreement during the Grant
Term.
The Company shall provide to the City documentation satisfactory to the City that the
Company has satisfied all of the Performance Requirements set forth above.
4. The Company Representations. The Company makes the following representations and
warranties to the City,and agrees to timely and fully perfox in the following obligations and
duties:
a. The Company is authorized to do business and is in good standing in the State of
Texas and shall remain in good standing in the State of Texas during the term of
this Agreement. As used herein, the term "good standing" means the status of the
Company with the Comptroller of the State of Texas shall be "Active."
b. No litigation or governmental proceeding is pending or, to the knowledge of the
Company, threatened against or affecting the Company that may result in any
material adverse change in the Company's business or operation.
c. No bankruptcy proceedings or other similar proceedings are currently pending or
contemplated against the Company, and the Company has not been informed of any
potential involuntary bankruptcy proceedings against the Company.
d. The Company shall remain current and in good standing with all sales taxes, ad
valorem taxes, fees and other recurring charges of the City, the State of Texas and
Collin County taxing jurisdictions throughout the term of this Agreement that may
be due and payable by the Company.
e. The Company represents and certifies that the Company does not and will not
knowingly employ any undocumented worker at the Facilities or on the Property
who is not lawfully admitted for permanent residence to the United States or
authorized under law to be employed in the United States. If, after receiving any
Chapter 380 Grant Agreement—Jericho Village Page 5 of 17
3994006
101
05/09/2023 Item 3.
public subsidy from the City under this Agreement, the Company is convicted of a
violation under 8 U.S.C. § 1324a(f),the Company shall repay to the City an amount
equal to all Grant payments tendered to the Company under this Agreement and
any other funds received by the Company from the City under this Agreement plus
interest, at the rate of four percent (4%), not later than the 120th day after the date
the public agency, state or local taxing jurisdiction notifies the Company of the
violation.
5. Default.
a. The following shall constitute an "Event of Default"under this Agreement:
(i) Upon the expiration of the notice and cure period set forth in the first
sentence of Section 5(b) below, the City's failure to process any portion of
the Grant payments owing to the Company in accordance with this
Agreement.
(ii) A failure of the Company to comply with and satisfy the Performance
Requirements set forth in Section 3 of this Agreement.
(iii) A breach of a representation under this Agreement by Company.
b. In the event of the occurrence of an Event of Default described under Section 5(a)
above, the non-defaulting party may give written notice to the other party of such
Event of Default to the extent that the Event of Default is capable of being cured,
and the defaulting party shall have thirty (30) days thereafter to cure said Event of
Default. Should said Event of Default remain uncured after such cure period and
the non-defaulting party is not otherwise in default hereunder, then the non-
defaulting party shall have the right to give the defaulting party a notice that this
Agreement shall immediately terminate without further action by either party. In
addition and without terminating this Agreement, the Company shall further have
the power to enforce specific performance or bring an action to collect amounts
owing upon an Event of Default by the City. No action shall lie for damages against
the City beyond the foregoing amounts owed by the City arising from an Event of
Default by the City, and no party shall seek or be entitled to recover punitive,
special or consequential damages arising out of,or relating to, any Event of Default
under this Agreement.
c. This Agreement shall terminate upon the occurrence of any one of the following:
(i) the execution by both parties of a written agreement terminating this
Agreement;
(ii) the expiration of the Grant Term; or
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05/09/2023 Item 3.
(iii) at the option of the non-defaulting party(subject to the notice and cure and
other provisions of Section 5(b) above), after an Event of Default.
d. The prevailing party in any action to enforce this Agreement shall be entitled to
receive reasonable attorneys' fees from the non-prevailing party.
e. The Company's sole and exclusive remedies for a breach by the City under this
Agreement shall be those expressly provided for in this Section 5,and the Company
hereby waives any other remedies under law or in equity.
6. Notices. Any notice provided or peimitted to be given under this Agreement must be in
writing and may be served by depositing same in the United States mail, addressed to the
party to be notified, postage pre-paid and registered or certified with return receipt
requested,or by delivering the same in person to such party via facsimile or a hand-delivery
service, Federal Express or any courier service that provides a return receipt showing the
date of actual delivery of same to the addressee thereof. Notice given in accordance
herewith shall be effective upon receipt at the address of the addressee. For purposes of
notice, the addresses of the parties shall be as follows:
If to the City: City of Wylie
Attn: Brent Parker, City Manager
300 Country Club Road
Wylie, Texas 75098
with a copy to: Abernathy, Roeder, Boyd & Hullett, P.C.
Attn: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
If to the Company: Agape Resource & Assistance Center, Inc.
Attn: Janet Collinsworth, Founder& Executive Director
P.O. Box 861664
Plano, Texas 75086-1664
7. Verification and Compliance. The Company shall allow the City to audit all of the
Company's records (other than individual employee files), documents, agreements and
other instruments in furtherance of the following purposes: (a) to ensure the Company's
compliance with the affirmative covenants set forth in this Agreement; (b)to determine the
existence of an event of default under the terms of this Agreement; and (c) to ensure
compliance with any other terms and conditions set forth herein or any related documents,
including,but not limited to, either of the Performance Agreements. The City will provide
the Company with written notice of any request for an audit and shall cooperate with the
Company to schedule audit activities during the Company's normal business hours so as
to minimize disruption to the Company's normal business operations.
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8. Company Representations Required by Texas Law. Company hereby represents that a
completed Certificate of Interested Parties Foul! 1295 ("Fond 1295") generated by the
Texas Ethics Commission(the"TEC")was submitted by Company in accordance with the
provisions of Section 2252.908 of the Texas Government Code and the rules promulgated
by the TEC, in connection with this Agreement. Company represents that, to the extent
this Agreement constitutes a governmental contract within the meaning of Section
2252.151 of the Texas Government Code, solely for purposes of compliance with Chapter
2252 of the Texas Government Code, and except to the extent otherwise required by
applicable federal law, neither the Company nor any wholly owned subsidiary, majority
owned subsidiary, parent company or affiliate of the Company is a company listed by the
Texas Comptroller under Sections 2270.0201 or 2252.153 of the Texas Government Code.
In accordance with Chapter 2270 of the Texas Government Code(to the extent applicable),
Company hereby certifies that Company does not boycott Israel and will not boycott Israel
during the term of any contract with City, including during the teen of this Agreement. In
accordance with Chapter 809 of the Texas Government Code (to the extent applicable),
Company hereby certifies that Company does not boycott energy companies and will not
boycott energy companies during the term of any contract with City, including during the
term of this Agreement. In accordance with Chapter 2274 of the Texas Government Code
(to the extent applicable),Company hereby certifies that Company does not have a practice,
policy, guidance or directive that discriminates against a firearm entity or fireaiin trade
association and will not discriminate against a firearm entity or firearm trade association
during the tend of any contract with City, including during the telui of this Agreement.
The foregoing terms have the meanings ascribed to them in the referenced statutes if
defined therein.
9. Miscellaneous.
a. Binding Agreement. This Agreement shall constitute a valid and binding
agreement by and between the City and the Company.
b. Savings/Severability. If a court of competent jurisdiction finds any provision of
this Agreement to be invalid or unenforceable as to any person or circumstance,
such finding shall not render that provision invalid or unenforceable as to any other
persons or circumstances, or affect any other provision hereof It is the intention
and agreement of the parties to this Agreement that each such illegal, invalid or
unenforceable provision shall be amended by the parties hereto to the extent
necessary to make it legal,valid and enforceable while achieving the same objective
of such provision, or, if that is not possible, by substituting therefore another
provision that is legal, valid and enforceable and achieves the same objectives (or,
if such provision cannot be amended or a provision substituted therefore in a
manner that is legal, valid and enforceable and achieves the same objectives, then
such provision shall be amended or a new provision substituted therefore that
achieves as closely as possible the same objectives or economic position as the
illegal,invalid or unenforceable provision,irrespective of whether such amendment
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or substituted provision is materially different than the illegal, invalid or
unenforceable provision).
c. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated
except upon the provisions hereof or by the mutual written agreement of the parties
hereto.
d. Governing Law; Venue. The laws of the State of Texas shall govern the
interpretation, validity, performance and enforcement of this Agreement, without
regard to conflict of law principles. This Agreement is performable in Collin
County,Texas,and the exclusive venue for any action arising out of this Agreement
shall be a court of appropriate jurisdiction in Collin County, Texas.
e. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights
on the Property, or any portion thereof. In addition, nothing contained in this
Agreement shall constitute a"permit"as defined in Chapter 245 of the Texas Local
Government Code, as amended, and nothing in this Agreement provides City with
fair notice of any project of the Company. The Company waives any statutory
claim under Chapter 245 of the Texas Local Government Code, as amended, arising
out of any acts or omissions under this Agreement. This section shall survive the
termination of this Agreement.
f. Consideration. This Agreement is executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever
confessed.
g. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An
electronic mail or facsimile signature will also be deemed to constitute an original
if properly executed and delivered to the other party.
h. Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an
opportunity to confer with its counsel.
i. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate
and necessary action has been taken to authorize the individual who is executing
this Agreement to do so for and on behalf of the party for which his or her signature
appears,that there are no other parties or entities required to execute this Agreement
in order for the same to be an authorized and binding agreement on the party for
whom the individual is signing this Agreement and that each individual affixing his
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or her signature hereto is authorized to do so, and such authorization is valid and
effective on the date of this Agreement.
j. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the parties
do not intend to create any third party beneficiaries by entering into this Agreement.
k. Waiver. Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit or waive such party's right thereafter to enforce and
compel strict compliance.
1. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply. Headings in this Agreement are for the convenience of the parties and are
not intended to be used in construing this document.
m. Immunity. It is expressly understood and agreed that, in the execution and
performance of this Agreement, City has not waived, nor shall be deemed hereby
to have waived, any defense or immunity, including governmental, sovereign and
official immunity, that would otherwise be available to it against claims arising in
the exercise of governmental powers and functions. By entering into this
Agreement, the parties do not create any obligations, express or implied, other than
those set forth herein.
n. Assignment. This Agreement or any part thereof shall not be assigned or
transferred by any party without the prior written consent of the other party, which
may be withheld in the other party's sole discretion.
[Signature page follows.]
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IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement ("Effective Date").
CITY OF WYLIE, TEXAS,
a home-rule municipality
By:
Brent Parker, City Manager
Date executed:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day of , 2023,
personally appeared Brent Parker, City Manager and duly authorized representative for the CITY
OF WYLIE, TEXAS, known to me to be one of the persons whose name is subscribed to the
foregoing instrument, and who acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated on behalf thereof.
Notary Public, State of Texas
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AGAPE RESOURCE &ASSISTANCE
CENTER, INC.,
a Texas nonprofit corporation
By:
Name:
Title:
Date executed:
STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned authority, on this day of , 2023,
personally appeared , as and duly authorized representative
of , a , known to me to be one of the persons whose name is
subscribed to the foregoing instrument, and who acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity therein stated on behalf
thereof.
Notary Public, State of Texas
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Exhibit A
Legal Description of the Property
BEING a tract of land situated in the S.B. Shelby Survey, Abstract No. 820 of Collin County,
Texas and being all of a called 2.4721 acre tract of land conveyed to KEP Brown Street Village, L.P.
as recorded in County Clerk No. 20060327000390640 of the Official Public Records of Collin County,
Texas and being more particularly described in metes and bounds as follows:
BEGINNING in the south Right-of-Way(ROW) line of West Brown Street at a 1/2" iron rod
with plastic cap stamped "4613" set for the northwest corner of the called 2.4721 acre tract of land and
said capped iron rod being the northeast corner of a called 0.500 acre tract of land conveyed to Spirit
Master Funding VI, LLC as recorded in County Clerk No. 20140409000340620 of the Official Public
Records of Collin County, Texas;
THENCE S 88°59'08" E with the south ROW of West Brown Street a distance of 323.09' to a
1/2" iron rod with plastic cap stamped "4613" set for the west corner of a corner clip conveyed to the
City of Wylie in County Clerk No. 20110624000655820 of the Official Public Records of Collin
County, Texas;
THENCE S 44°14'55" E along said corner clip a distance of 24.39' to a 1/2" iron rod with
plastic cap stamped "4613" set for corner in the west ROW of Winding Oaks Drive, a 50' ROW;
THENCE S 0l°00'52" W with the west ROW of Winding Oaks Drive a distance of 168.31' to
a 1/2" iron rod with plastic cap stamped "4613" set for corner at the beginning of a curve to the right;
THENCE with said curve to the right following the west ROW of Winding Oaks Drive with
an arc length of 62.84', with a radius of 225.00', with a chord bearing of S 09°00'56" W, with a chord
length of 62.64', to a 1/2" iron rod with plastic cap stamped "4613" set for the southeast corner of the
called 2.4721 acre tract of land and said capped iron rod also being the northeast corner of Lot 18,
Block F of Rustic Oaks, Phase One, an addition to the City of Wylie as shown on the Plat thereof
recorded in Cabinet D, Page 198 of the Plat Records of Collin County Texas;
THENCE N 89°42'08" W a distance of 128.98' to a 1/2" iron rod with plastic cap stamped
"4613" set for the northwest corner of said Lot 18;
THENCE S 70°41'52" W a distance of 249.89' to a 1/2" iron rod with plastic cap stamped
"4613" set for corner in the north line of Lot 14, Block F of said Rustic Oaks,Phase One;
THENCE N 70°39'08" W a distance of 60.72' to a 1/2" iron rod with plastic cap stamped
"4613" set for the northern most corner of Lot 13, Block F of said Rustic Oaks, Phase One and said
capped iron rod also being the northeast corner of Lot 1, Block F of Rustic Oaks, Phase Three, an
addition to the City of Wylie as shown on the Plat thereof recorded in Cabinet D,Page 200 of the Plat
Records of Collin County Texas;
THENCE N 20°57'04" E a distance of 141.36' to a 1/2" iron rod with plastic cap stamped
"4613" set for the northeast corner of a called 0.438 acre tract of land conveyed to Jonvitch, Inc. as
recorded in Volume 3925, Page 1455 of the Deed Records of Collin County, Texas;
THENCE N 70°23'49" W with the north line of the called 0.438 acre tract of land a distance
of 24.54' to a 1/2" iron rod with plastic cap stamped "4613" set for the southeast corner of the called
0.500 acre tract of land;
THENCE N 21°04'50" E with the east line of the called 0.500 acre tract of land a distance of
187.45' to the POINT OF BEGINNING, and containing 107,669 Square Feet or 2.472 acres of land.
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05/09/2023 Item 3.
Exhibit B
Concept Plan for the Property
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Chapter 380 Grant Agreement—Jericho Village Page 14 of 17
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05/09/2023 Item 3.
Exhibit C
Building Materials Standards
As used in this Agreement, the teiiii "Building Materials Standards" shall include all minimum
standards for building products and materials and aesthetic methods in the construction,
renovation, maintenance and alteration of buildings as set forth or referenced in the following:
1. Wylie's Zoning Ordinance, as it exists or may be amended by Wylie in its sole discretion
(and any successor ordinance thereto)
2. The zoning ordinance that approved the zoning on the Property, as it exists or may be
amended by Wylie in its sole discretion (and any successor ordinance thereto)
3. Wylie's Ordinance adopting the International Energy Conservation Code and all local
amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and
any successor ordinance thereto)
4. Wylie's Ordinance adopting the International Fuel Gas Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor
ordinance thereto)
5. Wylie's Ordinance adopting the International Mechanical Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor
ordinance thereto)
6. Wylie's Ordinance adopting the International Plumbing Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor
ordinance thereto)
7. Wylie's Ordinance adopting the National Electrical Code and all local amendments thereto,
as it exists or may be amended by Wylie in its sole discretion(and any successor ordinance
thereto)
8. Wylie's Ordinance adopting the International Residential Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor
ordinance thereto)
9. Wylie's Ordinance adopting the International Property Maintenance Code and all local
amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and
any successor ordinance thereto)
10. Wylie's Ordinance adopting the International Fire Code and all local amendments thereto,
as it exists or may be amended by Wylie in its sole discretion(and any successor ordinance
thereto)
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05/09/2023 Item 3.
11. Wylie's Ordinance adopting the International Building Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor
ordinance thereto)
12. Any other existing, future or successor ordinance, rule or regulation adopted by the Wylie
City Council that establishes a standard for a building product,material or aesthetic method
in construction, renovation, maintenance or other alteration of a building that is more
stringent than a standard for the product, material, or aesthetic method under a national
model code published within the last three code cycles that applies to the construction,
renovation, maintenance, or other alteration of the building
Chapter 380 Grant Agreement—Jericho Village Page 16 of 17
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05/09/2023 Item 4.
Wylie City Council
CITY OF
AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: City Secretary
Subject
Consider,and act upon,the appointment of a 2023 Board and Commissions City Council Interview Panel to conduct the May
023 board applicant interviews.
Recommendation
Motion to appoint, , , and to serve on the 2023 Boards and Commissions City
Council Interview Panel.
Discussion
Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various
Wylie Boards and Commissions. These applications are received through the year until mid-May of each calendar year.
Additionally, in May of each year, the applications are compiled into appointment timeframes to allow the three-council
member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council
to serve on the various boards.The terms are staggered so each year approximately half of the members serving on each board
and commission are appointed.
Pursuant to Resolution No. 2006-17(R),the procedures for the interview process allows council members,not serving on the
panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures
in Resolution No. 2006-17(R) comply with the Texas Open Meetings Act. The Resolution is attached for your review.
Proposed interview meeting dates will be Wednesday May 31,2023 and Thursday,June 1,2023, and an alternate(if needed)
date of Friday, June 2, 2023 from approximately 5:30 p.m. - 9:00 p.m. each night. Immediately following the final night
interviews,the panel will deliberate on recommendations to be submitted to the full Council at the June 13,2023 Wylie City
Council meeting. This timeline for approval by June 13th will allow time for each member to be sworn in at the June 27th
City Council meeting, attend orientation on June 28th, and begin their terms on July 1, 2023. All Council members will
receive the scheduled appointment list and all applications submitted prior to the interview process.
114
05/09/2023 Item 4.
' SOLUTION NO. 2006-17(R)
A RESOLUTION OF THE CITY OF WYLIE, TE S ADOPTING
PROCEDLT S FOR THE WYLIE BOAR I S AND COMMISSION
INTERVIEW PROCESS AND THE APPOINTMENT OF THE
2006-07 BOA' I S AND COMMISSION INTERVIEW PANEL.
E' AS,the City of Wylie has nine boards and commissions comprised of a total
of 54 members serving staggered two year terms; and
WIIE AS, each year the City of Wylie receives applications from residents for
consideration of appointment to City of Wylie Boards and Commissions: and
E' AS, applicants for the board and commission members are interviewed by a
Selection Panel consisting of three council members: and
WHE AS, it has been deemed that guidelines be set for the Selection Panel, the
application process, the interview process, and the appointment process of the City of Wylie
Boards and Commissions.
NOW, T REFORE BE IT SOLVED BY T CITY COUNCIL OF THE
CITY OF LIE:
SECTION I: That the City Council of the City of Wylie will appoint a three (3)
member Selection Panel each year comprised of three (3) Council Members.
SECTION 2: That applications and scheduling of applicants to be interviewed by the
Selection Panel will be completed by the City Secretary and provided to the City Council.
SECTION 3: That the interview process will be held in the City of Wylie Council
Chambers and notifications of the interview dates will be posted for the public to attend.
SECTION 4: That City Council can provide a series of questions to the Selection
Panel for the applicants to address during their interview.
SECTION 5: Recommendations by the Selection Panel will be made in open session
and the recommendations will be presented to Council for discussion and approval.
Resolution No. 2006-17(R)
Boards and Commission interview, Process
115
05/09/2023 Item 4.
DULY PASSED AND APPROVER by the Wylie City Council on this 23rd day of
May 2006.
•
John Iondy, ayor
ATTEST:
.7„
Caro e Ehrlich, ty ecreta.ry
vsco
/I/ E E-*
Resolution No. 2006-1-i(R)
Boards and Commission Interview Process
116
05/09/2023 Item 5.
Wylie City Council
CITY OF
AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Stephanie Storm
Subject
Consider, and act upon, the appointment of three-committee members to the City of Wylie City Council Subcommittee to
epresent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee.
Recommendation
Motion to appoint , ,and to the City of Wylie City Council Subcommittee to represent the City
of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee.
Discussion
In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The
committee consists of three WISD Board of Trustee members and three City of Wylie Council members. The purpose of the
committee is focused on discussing existing and new partnerships between the Wylie Independent School District (WISD)
and the City of Wylie.
Pursuant to Ordinance No. 2005-55, the Subcommittee shall consist of three members, to be appointed by the Wylie City
Council for the remainder of the term that said member serves on the Council or until said member resigns from the
Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a
member's term(of office),that member shall not continue his/her membership until replaced.
Current members serving on the sub-committee are three WISD Trustee members and outgoing City Council members Mayor
Matthew Porter, Mayor pro tern Jeff Forrester, and Councilman Timothy "Toby" Wallis. Also, in attendance are WISD
Committee facilitator Superintendent David Vinson and City of Wylie facilitator City Manager Brent Parker.
Outgoing Councilman Timothy "Toby" Wallis' term has expired with his election term to the Wylie City Council and
therefore the sub-committee position must be appointed to fill the expired term. Staff is requesting this position on the
subcommittee be filled by the appointment of a council member to serve in this capacity.
Mayor Matthew Porter's term has expired with his re-election to the Wylie City Council and therefore the sub-committee
position must be re-appointed. Staff is requesting this position on the subcommittee be filled by the reappointment of Matthew
Porter or another council member to serve in this capacity.
Mayor pro tem Jeff Forrester was re-elected to the Wylie City Council in May 2022; therefore, the sub-committee position
must be re-appointed. Staff is requesting this position on the subcommittee be filled by the reappointment of Jeff Forrester or
another council member to serve in this capacity.
117
05/09/2023 Item 5.
ORDINANCE NO. 2005-55
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING,
ESTABLISHING AND APPOINTING THE CITY COUNCIL
SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE
PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF
EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has
investigated and determined that it will be advantageous and beneficial to the City of
Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD
Relations, as set forth below; and
WHEREAS, the City Council desires to prescribe the purpose, composition,
function and duties of said Subcommittee; and
WHEREAS, the Board of Trustees of the Wylie Independent School District
("WISD") has established a similar subcommittee of its members to work with the City's
subcommittee ("WISD Subcommittee"); and
WHEREAS, the City Council desires to appoint members to the Subcommittee
and prescribe the duties and tenure for said members.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Subcommittee.
A. There is hereby created the City Council Subcommittee for WISD
Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet
with WISD representatives to work on maintaining and recommending partnerships
between the City and WISD and to further a positive working relationship between the
City and the WISD, and any other such functions as the City Council may direct in
writing. It shall function according to the laws of the State of Texas and the provisions
of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City
Council.
B. The Subcommittee shall consist of three members, to be appointed by the
City Council for the remainder of the term that said member serves on the City Council,
Page 1
Ordinance No. 2005-55
Subcommittee for WISD Relations
05/09/2023 Item 5.
or until said member resigns from the Subcommittee, whichever occurs first. If a
replacement has not been appointed by the City Council upon the expiration of a
member's term, that member shall not continue his membership until replaced.
C. When vacancies occur on the Subcommittee, the City Council shall
appoint, by majority vote, a replacement to serve the remainder of that term.
D. Each Subcommittee Member shall serve at the pleasure of the City
Council and may be removed at the discretion of said Council.
F. Each Subcommittee Member shall serve without compensation, but may
be reimbursed for actual expenses approved in advance by the City Council.
G. The Subcommittee shall keep and maintain minutes of any and all
proceedings held and shall submit a written or make an oral report of such proceedings
to the City Council not more than three (3) weeks following each such meeting.
SECTION 3: Officers.
The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one
(1) year. The Chair and Vice-Chair shall be elected by the members of the
Subcommittee.
The Chairperson shall preside over meetings.
The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee.
In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair.
SECTION 4: Duties and Responsibilities.
The Subcommittee shall have the following duties and responsibilities:
a. Advise and make recommendations to the City Council on matters relating
to the City's relationship with WISD and on ways to maintain and develop
partnerships with WISD.
b. Attend meetings with the WISD Subcommittee and other designated
WISD representatives.
c. Any other duties requested in writing to be performed by the City Council
that are consistent with the purposes of forming the Subcommittee.
Page 2
Ordinance No. 2005-55
Subcommittee for WISD Relations
119
05/09/2023 Item 5.
SECTION 5: Power to Obligate and Finance.
The Subcommittee shall have no power to obligate Wylie in any manner
whatsoever. The Subcommittee's finances shall be handled in the same manner as any
division of the City Government.
SECTION 6: The City Manager shall act as facilitator to the City Council
Subcommittee for WISD Relations.
SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 8: Severability. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed
this Ordinance, and each section, subsection, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 9: Effective Date. This Ordinance shall become effective
immediately upon its passage and execution.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas on this 25th day of October, 2005.
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Date to be published in The Wylie News— November 2, 2005
Page 3
Ordinance No. 2005-55
Subcommittee for WISD Relations
120
05/09/2023 Item WSI.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Discuss the potential development of 24 acres,generally located on the west side of Country Club Road approximately 1200'
north of Brown Street.
Recommendation
ID iscussion
Discussion
Property owners and developers are seeking input from the City Council for a potential development on approximately 24
acres on the west side of Country Club Road just north of Fire Station No. 2.
The current proposal includes a mix of commercial uses along Country Club Road on four acres of land, single-family
detached homes on 15 acres along the northern side of the property, and townhome units on 3.8 acres of land along the south
side of the property.The remaining acreage is for open space, amenities,and a detention pond.
The proposal makes no requests for variances from the residential or commercial design standards.
The property is located within the Local Commercial and Low Density Residential sectors of the Future Land Use Plan. South
of the property is Fire Station No. 2 and the Collin Community College,to the north is the Presidential Estates single-family
subdivision,the property to the east is Agricultural, and the property to the west contains the Wylie Bus Barn and retail with
self-storage uses.
The applicant has provided the attached presentation.
The P&Z Commission was generally positive toward the project with discussion regarding open space, the timing of the
commercial development,townhome design details, and trail connections.
121
COLLEGE PARK
DEVELOPMENT PROPOSAL
SCOTT RESIDENTIAL, LLC
Land Area:TOTAL LAND: 25.0 AC.
COMMERCIAL LAND AREA: 4.0 AC.
SINGLE FAMILY HOMES AREA: 15.0 AC.
TOWNHOMES AREA:3.8 AC.
DETENTION POND AREA: 0.6 AC.
PLAY AREA: 0.8 AC.
OPEN SPACE AREA: 0.8 AC.
605 Country Club Rd.
Wylie, TX 75098
Site Plan:
KENNEDY DRIVE
EXISTING
RESIDENTIAL AREA
ROAD –C (50’ ROW)
ROAD –A (65’ ROW)WASHINGTON PLROAD –B (50’ ROW)BLDG 1
BLDG 2 BLDG 3COUNTRY CLUB RD./FM 1378
Birds Eye View:
Commercial:
Zone SF-10/24:
Zone TH:
Building Elevations TH:
Building Elevations TH:
FRONT & BACK ACCESS TH:
Building Front Entry TH:
Building Elevations SF Front Entry:
Building Elevations SF Backside Garage:
FRONT & BACK ACCESS SF:
Building Front Entry SF:
1 0510912023 Item WS2. i
lAl
N
CITY OF
WYLIE
Department:
Prepared By:
City Manager
City Manager
4th of Julv Fireworks Show.
Wylie City Council
FA-cJ 4 Ll I P I : D
Account Code: