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12-08-2009 (City Council) Agenda Packet Wylie City Council CITY OFWYLIE NOTICE OF MEETING Regular Meeting Agenda December 8, 2009 — 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: v nns. w Bete as;_gm,within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website. u w Wvlietetas gos. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation to 2nd Six Weeks Star Students — Character Trait of"Respect". (E. Hogue, Mayor/Council) December 8, 2009 Wylie City Council Regular Meeting Agenda Page 2 of 6 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 etseq. fixrus Government Code, to wit: §§ 551.071 Consultation with City Attorney: • Legal issues related to Joint Radio Communications System RECONVENE INTO REGULAR SESSION "Take any action as a result from Executive Session. WORKSESSION • Presentation by Collin County Commissioner Jerry Hoagland regarding Intermodal Transportation System (Collin County Commissioner Jerry Hoagland) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (;i) mintes. 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 he removed .from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the November 10, 20(19 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary•) B. Consider, and act upon, Resolution No. 2009-34(R) authorizing the Mayor to execute an addendum to the lnterlocal Agreement between the City of Wylie and Collin County, TX for the purpose of setting forth the parameters under which the County will provide Geographical Information System (GIS) to the City for a period of October, 2009 through September, 2010. (R. Corbin, Fire Chie/Noe Flores, Asst. Fire Chief) C. Consider, and act upon, Resolution No. 2009-35(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Community Park. (M. Sferra, Public Services Director) December 8, 2009 Wylie City Council Regular Meeting Agenda Page 3 of 6 D. Consider, and act upon, Ordinance No. 2009-36 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving an appropriation of funds in the amount of $267,500 for the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for Community Park; adding $267,500 to the County Park Grants Fund revenues to reflect reimbursements made by Collin County; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. S/erra, Public .Services Director) E. Consider, and place on fide, the Monthly Revenue and Expense Report for the City of Wylie as of October 3l, 2009 (L. Vaughan, Finance Director) F. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2009. (S. Satterwhite, Executive Director, IVEDQ REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2009-36(R) authorizing the City Manager to execute an interlocal cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas for a Joint Radio Communications System. (R. Corbin, Fire Chief) Executive Summary Staff has reviewed and recommends an interlocal Cooperation Agreement with the cities of Allen, Plano, and Murphy for a joint radio communications system. This Agreement will provide the governance structure for the Public Safety radio system for Wylie, utilizing space on the Plano-Allen-Murphy-Wylie (PAWM) Radio System. 2. Consider, and act upon, Resolution No. 2009-37(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, City of Allen, Texas , the City of Wylie, Texas and the City, of Murphy, Texas and Alcatel-Lucent USA Inc. for the purchase of products and services related to a microwave radio system for the Joint Radio Communications System. (R. Corbin, Fire Chief) Executive Summary This multi-city system, referred to as the PAWM System, will be linked together by microwave signaling so that the multiple sites work together. The data for voice communications and the data sharing necessary will be done over this proposed microwave radio system, and is an integral part of the system's functionality. 3. Consider, and act upon, Resolution No. 2009-38(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas and Motorola Inc. to provide, design and implement a P25 Trunked Radio System for the Joint Radio Communications System. (R. Corbin, Fire Chief) December 8, 2009 Wylie City Council Regular Meeting Agenda Page 4 of Executive Summary lEllis recommendation will purchase the fixed, mobile, and portable hardware and software to implement the PAWM radio system and make it operable in Wylie. This is within the funding allocated for this project, and is a portion of the total project, not including the radio tower, facility changes needed to the current City Hall building, accessory purchases from vendors other than. Motorola, and various related items. 4. Consider, and act upon, a request to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78 (Shell Gas & Coveniencent Store). (R. 011ie, Planning Director) Executive Summary The property is located at 405 South Highway 78 and abuts the Hartman Elementary School fa public school). Per the Alcoholic Beverage Code Section 109.33 of Title 4, Subchapter C Local Regulation Of Alcoholic Beverages, the governing body of a municipality has the authority to prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. In addition, the TABC code allows that same governing body the authority to increase that distance requirement from 300 feet to 1,000 feet of a public school, if the governing body receives a request from the board of trustees of a school district under Section 38.007,Education Code, Public Hearings 5. Hold a Public Bearing and consider, and act upon, amending the zoning from Agricultural/30 to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 (R. 011ie, Planning Director) Executive Summary The subject property is located adjacent to the Regency Industrial district east of Hooper Road and approximately 410 feet south of Steel Road and totals 1.71 acres. The property is currently zoned Agriculturali30 and has been used for single-family homesteading and agricultural uses. .4 natural drainage channel(creek) bisects the middle of the property running in a northwesterly direction. 6. Hold a Public Hearing and consider, and act upon, Ordinance No. 2009-37 adopting the 2006 Edition of the International Fire Code, save and except the deletions and amendments set forth herein and amending Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances. (R. Corbin, Fire Chief) Executive Summary Wylie Fire—Rescue and the City of Wylie are currently an Insurance Services Office Class One rated municipality. In an effort to maintain the current 1S0 rating and remain proactive in fire prevention, the Wylie Fire Prevention/Community Risk Reduction Division has been actively participating in the North texas Council of Governments Fire Advisory hoard meetings. The goal of the Fire Prevention/Community Risk Reduction Division is to prevent deficiencies in future ISO PPC ratings, due to fire code, and remain current in relation to industry standard fire code, December 5. 2009 Wylie City Council Regular Meeting Agenda Page 5 of 6 General Business Tabled From November 10, 2009 7. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, authorizing staff to schedule the events and performers for the 2010 Summer Concert Series. (R. Diaz, Recreation Supen'isor) Executive Summary Staff brought forth to the Council 3 options fur summer events for 2010 at the November 10,2009 meeting. After discussing all of the options the Council decided to table the issue providing direction for staff to research some other options and bring the item back to them at the December meeting. 8. Consider, and act upon, award of a contract, in the amount of $1,493,947,00, to Preload for the construction of a 1.5 million gallon ground stoarage tank at the Nortex Pump Station. (C. Hoisted, City Engineer) Executive Summary On November 30, 2009 at 4:00 p.m., two bids were opened for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new-tank provides additional storage capacity for the low pressure service area generally located in the south and eastern portions of the City. The new tank will be constructed of concrete and have a height of approximately 30'. 9. Consider, and act upon, award of a contract to Preload in the amount of $1,868,862.00 for the construction of a 2.0 million gallon ground storage tank a the Newport Harbor Pump Station. (C. Hoisted, City Engineer) Executive Summary On November 30, 2009 at 1:00 p.m., two bids were opened for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station, The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new tank provides additional storage capacity for the high pressure service area generally located in the north west portion of the City. 10. Consider, and act upon, the appointment of a Council representative to the regional Emergency Preparedness Planning Council to fill an expiring two year term. (M, Manson, City Manager) Executive Summary In 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional level. The EPPC meets every other month, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee which is the technical arm(staff participants)of the initiative. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article 111, Section 13-D. December 8, 2009 Wylie City Council Regular Meeting Agenda Page 6 of 6 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001 ctseq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding the purchase, exchange, lease or value of real property generally located at: • W. A.Allen/Stone Road Intersection RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION 1 certi%y that this Notice of Meeting was posted on this 4th day of December, 2009 at 5:00 pm. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: 1H w w'vliete.vas.gow. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE 1 Minutes Wylie City Council Tuesday, November 10, 2009 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence oja Quorum. Mayor Eric Hogue called the meeting to order at 6:06 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman Goss and Councilman Carter Porter. Councilman Bennie Jones was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Hogue gave the invocation and Brownie Troop 8925 led the Pledge of Allegiance. Brownies present included: Emily Marengo, Abby Taylor, Maicee Barr, Olivia Scott, Haylee Elmore, Lily Chaffin, Sadie Guevera, Lizzie Taylor, Junior Aide and Lauren Gudgeon. Troop leaders present were: Melissa Marengo and Tina Parnham. PRESENTATION • Presentation of the "Star Tree" for the City of Wylie 2009 Reach for a Star Program. (K. England, Streets Crew Leader/Council) City employee Kevin England, representing Wylie Reach for a Star Program presented the 2009 "Star Tree." He reported that there were over 650 children that applied for the program this year. He explained that the program assisted needy families requesting assistance for their children for Christmas. Local businesses, schools, churches and citizens adopt the stars and provide gifts for Christmas to those in need. Minutes November 10, 2009 Wylie City Council Page 1 City Council members choose stars for adoption to kick off the 2009 program. Mayor Hogue invited all citizens and staff present to adopt a star from the tree. • Presentation by the Citizen's Police Academy Alumni Association. (.L Duscio, Police Chie/) Police Chief John Duscio and Mayor Hogue acknowledged Hartman Elementary as the winner of the Citizen's Police Academy Alumni Associations' fund raiser to raise money to purchase reflective gear for the WISD crossing guards. Birmingham, Dodd, Groves, and Harrison Elementary also participated. Hartman raised $719.17 and was the winning school. The winning school received their photo in the Wylie News along with members of the Police staff, Police Academy Alumni and the mayor. Hartman Principal, Jennifer Speicher, and Student Body Officers were present for the photo shoot. • Presentation of the Battle of the Badges Trophy. (J. Duscio, Police Chief/R. Corbin, Fire Chief) Fire Chief Corbin explained that each year the Wylie Rotary Club sponsors a blood drive through the police and fire departments. The two departments compete to see who can gather the most blood donations. Chief Corbin passed the Battle of the Badges 2009 Trophy to Police Chief John Duscio for the recent blood drive which garnered the Police Department one more unit of blood then WFR. • Presentation to Friends of Wylie Fire Rescue. (M.. Hogue, Mayor/R. Corbin, Fire Chief). Mayor Hogue and Fire Chief Corbin made a presentation to the founding Board Members of the "Friends of Wylie Fire Rescue", with the presentation of plaques in recognition for their service. This non-profit group raised the money to provide the 100`" Anniversary Banquet for WFR and the community, and the provision of memorabilia for this historical year. The Board Members present were President Wendell Daniel, Vice President Tommy Pulliam, and Secretary Ron Robinson. Absent was Treasurer Anita Collins. Several WFR firefighters attended the presentation, and all in attendance gave a round of applause to the Board. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments he limited to three (3) minutes. In addition, Council is nor allowed to converse, deliberate or rake action on any matter presented during citizen participation. No citizens were present to address council under Citizens Comments. CONSENT AGENDA All mutters listed under the Consent Agenda are considered to he routine by the City Council and will be enacted by one motion. There will not he separate discussion of these items. If discussion is desired, that item will be removed front the Consent Agenda and will he considered separately A. Consider, and act upon, approval of the Minutes of the October 27, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Minutes November 10, 2009 Wylie City Council Page 2 B. Consider, and act upon, a Preliminary Plat for WISD elementary School No. 10, Block A, Lot 1 on 11.04 gross acres, generally located west FM 544 and north of Elm Drive extension. (R. 011ie, Planning Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2009. (.S. Satterwhite, Executive Director, WED(?) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Jones absent. REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2009-35 authorizing the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line and a 0.284 mile segment between Elm Grove Road and Wells Road. (R. 011ie. Planning Director) Staff Comments City Manager Manson addressed council stating that this annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. The Dallas County Commissioner's office has since requested that the city consider omitting the 0.284 mile portion of Pleasant Valley Road from the requested annexation. She reported that the agenda report before council does omit Pleasant Valley Road from consideration should the council wish to do so. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2009-35 authorizing the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 2. Consider, and act upon, awarding a professional services contract, in the amount of $208,000, to Teague Nall and Perkins, Inc. for the design of Community Park Improvements. (Al. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that on April 28, 2009, the City Council chose Teague Nall and Perkins, Inc. as the design firm for the Community Park Improvement project. Upon Council's selection, City staff began the negotiation process for a contract. As part of the process, City staff and the consultant worked cooperatively to develop a contract for professional services and a Minutes November 10, 2009 Wylie City Council Page 3 preliminary project schedule. The City Attorney participated in developing and reviewing the professional services agreement. To assure that the public and City Council have ample opportunity to contribute ideas to the design process, the Scope of Services includes an initial meeting with stakeholders, athletic associations, City Council, and Park Board. Sferra reported that from this input, the consultant will prepare up to three concept plans and present them to the Park Board and City Council for additional comments before starting the actual design of improvements. At this time, it is anticipated that construction can begin after the 2010 fall sports season and be completed after the 2011 spring sports season. The consultant and staff will work closely with the sports associations on scheduling the work to have as minimal an impact as possible on the use of the facility. Staff will also coordinate the project scheduling with the construction of improvements occurring at Founders Park, Currently, Community Park is a 40-acre site containing four baseball fields, seven soccer fields, three basketball courts, sand volleyball court, picnic pavilion, playground, hike and bike trail, concession stand, etc. In November 2005, voters approved a $1.495 million dollar bond package to add additional parking, new bleachers, new concession stand/restroom facilities, replace the hike and bike trail, sod and irrigate the infields, and install improved lighting. The City has also received a grant award from Collin County in the amount of$267,500 for the trail construction and a restroom facility for the soccer/football area. Council Discussion Councilman Goss stated that he had some concerns regarding no consulting contingency for performance within the proposed contract, such as required for onsite construction managers. He asked if the item could be added tonight or could be tabled to allow time for further discussion. City Manager Manson reported that have been some problems within engineering for Founder's Park project. She explained that contingency was usually built in at the construction level but noted there was no contingency built into the engineering contract for this project. She asked for direction as to a proposed percentage for contingency. Councilman Goss stated that 2% of the 11% of the total project cost, for the design be set aside for performance. Mayor Hogue asked if the item was tabled would the construction dates be changed if approval was postponed to a future meeting. He noted his concern with keeping the project on time and moving forward. Public Services Director Sferra stated that the construction and design of this project was time sensitive and certain phases would need to be completed timely. City Manager Manson stated that the contract would need to go back to the attorneys for language changes prior to bringing it back to council for approval. Mark Holliday, representing Teague Null Perkins, addressed council stating that one solution to this from a time sensitive standpoint would be to approve the first phase of the contract which includes the conceptual design, planning stage and possibly the survey phase. He explained that this would set the project in motion and assist staff and council to collectively decide what design improvements this park project will include. He noted that 10% of the total cost within the current contract is set aside to final completion of the project. He explained if the first phase was approved tonight and was completed, a new contract for the remainder of the services including revisions could be presented at a future council meeting which would be sometime after the first of the year. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve Items A & B of Exhibit B, at a cost not to exceed $52,500 to Teague Nall and Perkins, Inc. for the design for the Community Park Improvements. A vote was taken and the motion passed 6-0 with Councilman Jones absent. Minutes November 10, 2009 Wylie City Council Page 4 3. Consider, and act upon, approval of a contract with Geo Marine Incorporated for the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that in 1999 Collin County funded the design of FM 1378 from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation (TxDOT) and included some funding through the Federal Highway Administration and during the design process, environmental studies were completed which identified a historically significant site. TxDOT did not have sufficient funding for the construction of the project and as a result the City and County secured funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released ownership of the roadway to the City of Wylie which accelerates the construction process and results in a lower construction cost. He reported that a cultural resource survey was completed in 2005 by PBS&J within the future right of way of FM 1378 at the Muddy Creek crossing. Additional testing was performed in 2006, 2007, and 2009 by Geo-Marine, Inc. (GMI). Prehistoric artifacts were found at the site dating back to between A.D 1000— 1200 and the site has been recommended for inclusion in the National Register of Historic Places. Because the roadway is no longer owned by TxDOT, the Antiquities Permit associated with the site must be transferred to the City of Wylie and the loss of the site must be mitigate through additional data recovery efforts. The proposal from GMI includes the transfer of the responsibility for the Antiquities Permit, completion of excavation, report generation, curation of materials, and public outreach. The public outreach component includes the development of an exhibit to be displayed at City Hall as well as presentations at Wylie High School. He reported that the field excavation will be completed within 45 days after a notice to proceed and the completion of the final report and public outreach will be completed within a year. The paving project can be constructed once the excavation is complete. Total cost to complete the permit is $247,926.27. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to approve a contract with Geo Marine Incorporated for the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 4. Consider, and act upon, Resolution No. 2009-32(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2010. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. The Dallas Central Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). The cities of Desoto and Sachse City Council nominated Michael Hurtt as a candidate to the Board of Directors of the Dallas Central Appraisal District. Per the 1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, Mr. Hurtt is required to receive a majority of the votes in order to be elected to the Board of Directors. Council Action Minutes November 10, 2009 Wylie City Council Page 5 A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2009-32(R) casting the City of Wylie vote for Michael Hurtt to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2010. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 5. Consider, and act upon, Resolution No. 2009-33(R) casting votes for a candidate for the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the City of Wylie has 64 votes that they may cast for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. The first step of the process was to nominate a candidate which was required by October 15, 2009. The final step is to cast votes for the candidate(s) that were submitted to the Collin Central Appraisal District. The City of Wylie has 64 votes that they may cast for a candidate to the Board of Directors of the Collin Central Appraisal District. Council Action A motion was made by Councilman Porter, seconded by Goss approving Resolution No. 2009- 33(R) casting all 64 votes to Steve Wright to the Collin County Central Appraisal District Board of Directors for a two year term beginning January 1, 2010. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 6. Consider, and act upon, authorizing staff to schedule the events and performers for the City of Wylie 2010 Summer Concert Series. (R. Diaz. Recreation Superintendent) Staff Comments Recreation Superintendent Diaz addressed council stating that the approved FY 2009-10 City Council budget contains $37,000.00 for the summer concert series. Staff has attached a proposal containing three options for the summer concert series based on budget amounts of $35,000.00, $30,000.00, and $25,000.00. Within these budget options are proposed schedules for the events and budget amounts for each event. Recreation Superintendent Diaz asked for direction and/or approval from council regarding the options. Council Discussion Mayor Hogue asked staff if funding needed to be set aside for the grand opening of the new Municipal Complex. City Manager Manson stated that the funding consideration for the new buildings would be in the next budget year. Mayor Pro Tem Byboth stated that in his opinion there were many music venues for the Dallas area; he would like to see the continuation of the fireworks and July Jubilee Street Dance, with some expansion of the street dance, making it more of a regional event. He noted that less money would be spent overall if these events were kept in lieu of the summer concert series. Councilman White stated that he would like to see a bigger fireworks event. Mayor Pro Tem Byboth noted that if after planning the fireworks and July Jubilee Street Dance, there was funding left, summer concerts and/or movie series could be added. He noted that he felt the overall costs should not exceed $30,000. Mayor Hogue asked if the item should be tabled to allow staff time to come back to council with additional options. Recreation Superintendent Diaz stated that booking the events needed to be timely to be able to secure good performers. He noted that if council wished to table the item to December and the revised item could be finalized by December 8l", it would work within the timeline. Council Action Minutes November 10, 2009 Wylie City Council Page 6 A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to table Item #6 to the December 8, 2009 regular city council meeting to allow staff time to propose additional options based on direction from council. A vote was taken and the motion passed 6-0 with Councilman Jones absent. READING OF ORDINANCE Tide and caption approved by Council as required hn Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the ordinance captions to Ordinance No. 2009-35 into the official record. Mayor Hogue convened into work session at 7:55 p.m. WORK SESSION • Review and discussion regarding improvements to Stone Road. (C hoisted, City Engineer) City Engineer Hoisted addressed council stating that in July 2009 an engineering contract was awarded to CP&Y for the design of Stone Road from Akin Lane to W.A. Allen Blvd. The project was funded in the 2005 City of Wylie Bond Program. He explained that the consultant has prepared a preliminary alignment of the roadway. Also, four alternatives for the Stone/WA Allen intersection have been developed and direction is needed on which option to proceed with for final design. Mr. Hoisted reviewed the four options with council. Direction from council was to further review Option B for future consideration and possible action. • Presentation and discussion regarding possible energy efficient and conservation block grant funding projects. (I. Butters, Assistant City Manager) Assistant City Manager Butters addressed council stating that there was an opportunity to apply for an Energy Efficient and Conservation Block Grant. He reported that in order to apply the city must address the energy efficiency program they wish to apply for within this grant. He explained that there were two energy conservation programs staff was recommending and needed direction from council regarding which program to pursue. Option #1 was an Opportunity Assessment (through Oncor Government Facilities Program) to replace HVAC for Fire Station 1 & 2 and the existing library. Options #2 was to install solar electric (Meridian Solar, Inc.) in the City of Wylie's new Municipal Complex. Direction from council was to further investigate the possibilities of block funding for a solar electric system for the new municipal complex to be brought back to council for consideration and possible action. Mayor Hogue reconvened into Regular Session at 8:30 p.m. RECONVENE INTO REGULAR SESSION Minutes November 10, 2009 Wylie City Council Page 7 Take any action as a result from Work Session. Mayor Hogue convened into Executive Session reading the exception below into the official record at 8:30 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.087 Deliberation Regarding Economic Development Negotiations; Closed Meeting • Presentation surrounding Project Phoenix Mayor Hogue reconvened into Regular Session at 9:15 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman White to adjourn the meeting at 9:15 p.m. Consensus of the council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes November 10, 2009 Wylie City Council Page 8 7 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: B Department: Fire (City.Secreta(y's Use Only) Prepared By: Noe Flores _ Account Code: Date Prepared: 1 1/18'09 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-34(R) authorizing the Mayor to execute an addendum to the agreement between the City of Wylie and Collin County, TX for purpose of setting forth the parameters under which the County will provide Geographical Information System (GIS) to the City for a period of October, 2009 through September, 2010. Recommendation A motion to approve Resolution No. 2009-34(R) authorizing the Mayor to execute the Intcrlocal Agreement i between the City of Wylie and Collin County authorizing the County to provide GIS Services to the City. Discussion The purpose of this agreement is to set forth the parameters under which the County will provide GIS Services to the City to include creating, managing and mapping specific spatial layers to aid in service to the City constituents. Collin County GIS will provide projects to support Wylie Fire-Rescue in Fiscal Year 2010. • Fire Station Deployment Analysis • Fire and Non-Fire Risk Assessment • Annual maintenance to include: o Twelve months of data updates o Storage of Data o Web access & design along with a routine backup & recovery strategy of the work above o Software upgrades o Web upgrades o Additional training and mapping (36 Map books, 25 Wall maps). This addendum to ILA agreement is a continuation of the current agreement and will not increase the budget. Approved By Initial Date Department Director RC L 1-18-09 — 1 City Manager �l�� yrU Page I oil RESOLUTION NO. 2009-34(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND COLLIN COUNTY, TEXAS TO SET PARAMETERS REGARDING THE PROVISIONS OF THE GEOGRAPHICAL INFORMATION SYSTEM (GIS). WHEREAS, the County of Collin, Texas, is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County; and WHEREAS, the Interlocal Cooperation Act ('Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, Collin County wants to ensure that the City of Wylie has the most current geographic information at their disposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; Section 1. This Addendum to the Interlocal Agreement sets forth parameters under which Collin County will provide GIS services to the City of Wylie to include creating, management and mapping specific spatial layers to aid in service to the city constituents. Section 2. Collin County will provide Geographical Information System (GIS) to the City of Wylie for a period of October. 2009 through September, 2010. Section 3. An official copy of this resolution shall he forwarded to the Collin County Commissioners' Court for their consideration. Section 4. The Mayor of the City of Wylie is hereby authorized to enter into an Addendum Interlocal Agreement with Collin County. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 811' day of December 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-34(R) Addendum to the Interlocal Agreement with Collin County For GIS Services INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT, is made and entered between City of Wylie, a municipality of the State of Texas (hereinafter "CITY") and COLLIN COUNTY, TX, a political subdivision of the State of Texas (hereinafter "COUNTY"),. WITNESSETH WHEREAS, both the CITY and COUNTY have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code and; WHEREAS, it has been determined mutually beneficial to both Parties to execute this agreement which sets forth the parameters under which and; WHEREAS, the County wants to ensure that the City has the most current geographic information at their disposal. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section I. Purpose The purpose of this Agreement is to set forth the parameters under which the County will provide GIS Services to the City to include creating, managing and mapping specific spatial layers to aid in service to the City constituents. Section 2. Effective Date/Term This agreement will become effective immediately upon the latest date of execution by either party and may be renewed by City annually by giving the County written notice of its intent to extend the Agreement for another year at least ninety (90) days before the expiration of the agreement. Section 3. Services Rendered Collin County proposes two projects to support WFD in Fiscal Year 2010. We will expand our analysis of the ISO analysis for Standard Response District (SRD) as outlined in the Fire Suppression Rating Schedule Handbook. Our office will analyze new SRDs based on input location provided by WED. This task will include calculating the SRD coverage percentage of the City of Wylie. Our office also proposes a Fire/Non-Fire Risk Assessment also known as Fire Flows. We will use spatial analysis to determine major pipelines, flood plain and undeveloped land per fire call box. The Fire Flows project deliverables will be a database for administration staff to use for reporting and associated maps. The Collin County GIS staff is confident that we can provide the Wylie Fire Department the expertise necessary to complete these projects. Section 4. Responsibilities and Duties City will provide Collin County the information needed to perform the work described in Section 3 - Services Rendered. Section 5. Maintenance Annual maintenance will be provided by the County for the work stated above and for any previous work provided to the City by the County to include the following: • Twelve (12) months of data updates, • Storage of Data • Web access & design along with a routine backup & recovery strategy of the work above. • software upgrades • Web upgrades • Additional training and mapping (36 Map books, 25 Wall maps). Section 6. Consideration 6.1 Fee Schedule Services Hours Price ISO/SRD Analysis 1. Update Current Plan SRD Analysis 80 $4,000 2. Additional Plan SRD Analysis 3. Supporting Maps Fire/Non-Fire Risk Assessment 1. Spatially Analyze Risk based on WFD Criteria 80 $4,000 2. Supporting Maps & Database TOTAL Solution 160 $8,000.00 - includes all of the above This quote provides up to 160 hours of development, management and mapping for the Wylie Fire Department. The extent of the work area includes all of the Wylie Fire Boxes and Wylie Police Reporting Grids included within the Wylie Fire District. All of the work listed will be completed within the City's fiscal budget year 2010. Collin County GIS will maintain and update the data created from this project for the duration of the City's fiscal budget year 2010. If additional work is required and authorized, an addendum to the quote will be supplied. 3 5.2 The fee for annual maintenance is 57,000 per year. This can be paid in whole at the beginning of year or in twelve (12) equal payments of S583.00 per month. Section 6. Warranty For the duration of fiscal year 2010, Collin County will maintain and update the data created for this project in Section 3 — Services Rendered. Section 8. Breach/Opportunity to Cure The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Section 9. Termination This Agreement may be terminated by either party with or without cause to this Agreement upon ninety (90) days written notice to the other party. Section 10. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: CITY COUNTY City of Wylie Collin County Randy Corbin Purchasing Agent 2000 Highway 78 North 2300 Bloomdale, Suite 3160 Wylie. TX 75098 McKinney, TX 75071 Section 11. Liability 4 The parties to this Agreement and their respective officers and employees shall not he deemed to assume any liability for the acts, omissions and negligence of the other party. Section 12. Amendments This Agreement may he amended from time to time by written amendment by both Parties. Section 13. Remedies This Agreement shall be construed by and governed by the laws of the State of Texas. Any and all legal action necessary to enforce the Agreement will be held in Collin County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 14. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 15. Severability In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Ageement and the same shall remain in full force and effect. 5 Section 16. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. BY: BY: Keith Self, County Judge Collin County ACKNOWLEDGMENT STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the day of , 2009 by of CITY of on behalf of such corporation. Printed Name STATE OF TEXAS } } COUNTY OF COLLIN This instrument was acknowledged before me on the day of , 2009 by Judge Keith Self of Collin County, Texas of on behalf of such corporation. Printed Name My Commission expires on the day of 6 Wit Wylie City Council CITY OF WYLIE AGENDA REPORT qr Meeting Date: December 8, 2009 Item Number: C Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: November 5, 2009 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-35(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Community Park. Recommendation Motion to approve Resolution No. 2009-35(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Community Park. Discussion In November 2007, the citizens of Collin County approved a $17 million bond proposition for Parks and Open Space. The Collin County Parks Foundation Advisory Board administers the Project Funding Assistance Program which is a reimbursement program. Applicants must have at minimum dollar for dollar in matching funds, comprised of direct cash or in-kind services, for the project being proposed. A grant applications was submitted to the County in July 2009, and on October 26, 2009, Collin County Commissioners Court approved an award of$267,500 to the City of Wylie for the Community Park project. The grant award from Collin County will be used to supplement the existing $I.495 million bond funding focused toward achieving the goals identified and approved by voters in the 2005 bond program. The application stipulated that the grant funds would be used for trail construction including excavation and grading, and installation of a prefabricated restroom facility in the football/soccer area. This grant application proposed to use the value of the bond funds as the match for grant; therefore, no additional funds are required by the City to fulfill the dollar for dollar matching requirement. The City will complete $267,500 worth of improvements related to the trail and restroom, and upon completion of this work, staff will submit reimbursement requests to the County totaling $267,500. A companion agenda item regarding a budget amendment to account for the grant-related revenues and expenditures is part of tonight's agenda. The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with Page I of 2 Page 2 of 2 other agencies for the performance of governmental functions and services. The attached Interlocal Agreement outlines the responsibilities of the City and the process for reimbursement. Approved By Initial Dale Department Director MS 11/5/O9 City Manager RESOLUTION NO. 2009-35(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE COLLIN COUNTY PROJECT FUNDING ASSISTANCE PROGRAM FOR THE COMMUNITY PARK PROJECT. WHEREAS, the County of Collin, Texas, is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benett of the citizens and residents of Collin County; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the 2007 Collin County Bond Election established a pool of funding for park and open space development in Collin County; and WHEREAS, the County of Collin, Texas and the City of Wylie, Texas desire to enter into an agreement concerning development of Community Park in the City of Wylie; and WHEREAS, the City of Wylie and Collin County have determined that the development of park land may be performed most economically by implementing this agreement; and WHEREAS, this agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this agreement will support and advance the mission of the Collin County Parks and Open Space Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; Section I. Collin County agrees to fund a portion of the total cost of the project, in an amount not to exceed $267,500.00, for the development of Community Park. Section 2. An official copy of this resolution shall be forwarded to the Collin County Commissioners Court for their consideration. Section 3. The City Manager of the City of Wylie is hereby authorized to enter into an Interlocal Agreement with Collin County for Community Park. Resolution No. 2009-35(R) Collin County Project Funding Community Park DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 8"' day of December 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-351 R) Collin County Project Funding Community Park ( Special Projects 825 N. McDonald St, Ste. 145 COUNTY` '` ` ' COLLIN COUNTY McKinney, Texas 75069 ;'i if 972-548-3744 www.collincountytcgov October 28, 2009 City of Wylie Michael Sferra 2000 Highway 78 North Wylie, Texas 75098 RE: Collin County Project Funding Assistance Program The Collin County Parks Foundation Advisory Board completed review of applications and provided funding recommendations, which were approved by Commissioners Court on October 26, 2009. On behalf of Commissioners Court. the Advisory Board gladly informs you that the Community Park project was awarded $267,500.00 in funding. Enclosed are four (4) originals of the Interlocal Agreement for execution. Please leave signature tags affixed and return all signed originals to Teresa Nelson at the above address. Upon approval by the Collin County Commissioners Court an original will be returned for your tile. The project must not commence until both parties have executed this Agreement. The 2007 Open Space Bond, tsr Series, will provide funding assistance to twenty-one (21) applicants for a total of$2,899,988.00. If you have any questions you may contact Teresa Nelson (972) 548-3744. Best regards, Ryan Dry Chairperson Parks Foundation Advisory Board Enclosure INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City") desire to enter into an Agreement concerning improvements to Community Park in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the trail may be developed most economically by implementing this Agreement; and WHEREAS, the City and the County find that this Agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this Agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange for improvements at Community Park, hereinafter called the "Project". The Project shall consist of the items described in Exhibit "A". ARTICLE II. The City shall prepare plans and specifications for improvements, accept bids, award a construction contract and administer the construction contract in accordance with all state statutory requirements. The City shall provide the county with a copy of executed construction contract(s) for the Project. All improvements shall be in accordance with the plans and specifications approved by the City. Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by the Parks Foundation Advisory Board and approved by Commissioners Court. 1 ARTICLE III. The City will not expend assistance funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the project to be in excess of $1,962,500.00. The County agrees to fund a portion of the total cost for items described in Exhibit "A" in an amount not to exceed $267,500.00. The County shall reimburse the City for invoices paid by the City for cost related to the Project on a dollar for dollar matching basis. Alternative payment schedules would require Commissioners Court approval. ARTICLE V. Collin County's participation in this project shall not exceed $267,500.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2007 Parks and Open Space Bond Program. The City shall also provide before, during and after photos and quarterly progress reports in electronic format or via US mail to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including in-kind services or donations for the project. All projects for which the County has provided funds through its 2007 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this Agreement. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. ARTICLE XL ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other per. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense 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 that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. 3 APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Keith Self Title: Title: County Judge Date: Date: Executed on this day of 20_ , by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE By: By: Name: Name: Title: Title: Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: 4 EXHIBIT "A" The County will provide funding assistance for the following: ❑ Trail construction including excavation and grading ❑ Restroom facility Total funding $267,500.00 Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of electronic photos and quarterly reports: Teresa Nelson Project Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: _D Department: Public Services (City Secretary's Use Only) $267,500, Revenue 12 1-4000-43 5 14 $202,500, Expense 121-5622-58150 Prepared By: Mike Sferra Account Code: S65,000, Expense 121-5622-58910 $267,500 in Revenues Date Prepared: November 5, 2009 Budgeted Amount: $267,500 in Expenses Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2009-36 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving an appropriation of funds in the amount of$267,500 for the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for Community Park; adding $267,500 to the County Park Grants Fund revenues to reflect reimbursements made by Collin County; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2009-36 amending Ordinance No. 2009-26 (2009-201.0 Budget) and approving an appropriation of funds in the amount of$267,500 for the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for Community Park; adding $267,500 to the County Park Grants Fund revenues to reflect reimbursements made by Collin County; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion In previous Council action occurring on June 9, 2009, Council approved Resolution 2009-17(R) authorizing submittal of a grant application to Collin County for the Collin County Project Funding Assistance Program for Community Park. On October 26, 2009, the City was awarded $267,500 in matching funds from the County, and on December 8, 2009, the Council passed Resolution 2009-35(R) approving an interlocal agreement with Collin County to proceed with the project. Because of the uncertainty of the potential amount of the grant award, these expenditures and revenues were not included as part of the 2009-2010 budget. As expenditures are made throughout the course of this project, staff will submit reimbursement requests to the County totaling $267,500. The grant application specifies that the award would be used for trail construction at the park including excavation and grading, and for the installation of a prefabricated restroom facility in the soccer/football area. Staff has already informed the Park Board of the grant award. Approved By Initial Date Department Director MS 11/5/09 City Manager Page 1 of ORDINANCE NO. 2009-36 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2009-26 (2009-2010 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $267,500.00 FOR THE PARK ACQUISITION AND IMPROVEMENT FUND FOR THE COLLIN COUNTY PROJECT FUNDING ASSISTANCE PROGRAM FOR COMMUNITY PARK AND DEPOSIT OF $267,500.00 INTO THE PARK ACQUISITION AND IMPROVEMENT FUND; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2009-26 (2009-2010 Budget) for the purpose of installing a hike and bike trail, excavation, grading, and restroom improvements to Community Park("Improvements"); WHEREAS, the City Council entered into an cost sharing Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Prop-am for Community Park Project (Resolution No. 2009-35(R)) ("Interlocal Agreement"); and WHEREAS, the estimated cost of the Improvements is two hundred sixty-seven thousand five hundred dollars ($267,500.00); and WHEREAS, the Interlocal Agreement provides that Collin County shall reimburse the City for the costs of the Improvements, with a total investment made by Collin County not to exceed $267,500.00. 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: Amendment to Ordinance No. 2009-26 (2009-2010 Budget). Ordinance No. 2009-26 (2009-2010 Budget) is hereby amended to allow for the following appropriation: Two hundred sixty-seven thousand five hundred dollars ($267,500.00) paid by Collin County as a reimbursement shall he deposited into Revenue Account 1 2 1-4000-43 5 14 (Park Acquisition and Improvement Fund); and Two hundred two thousand five hundred dollars ($202,500.00) shall be appropriated to Expense Account 121-5622-58150 of the Park Acquisition and Improvement Fund; and Ordinance No. 2009-36 Amending 2009-10 Budget (Ordinance No. 2009-26)-Community Park Page I 534261.v1 Sixty-five thousand dollars (S65,000.00) shall he appropriated to Expense Account 121-5622-58910 of the Park Acquisition and Improvement Fund. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance he 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases he declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8th day of December, 2009. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No. 2009-36 Amending 2009-10 Budget (Ordinance No.2009-26)- Community Park Page 2 534261.v1 Wylie City Council CITY OF WYLIE AGENDA REPORT 1 Meeting Date: December 8, 2009 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 3, 2009 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on tile, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2009. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2009. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director l-V 12iO3/09 City Manager ? Page I of I CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER!(UNDER) ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 16,108,502 16,108,502 25,059 -16,083,443 A FRANCHISE FEES 1,984,240 1,984,240 0 -1,984,240 LICENSES AND PERMITS 219,030 219,030 33,607 -185,423 INTERGOVERNMENTAL REV. 606,267 606,267 16,450 -589,817 SERVICE FEES 2,232,032 2,232,032 173,228 -2,058,804 FINES AND FORFEITURES 548,107 548,107 28,354 -519,753 INTEREST INCOME 61,000 61,000 2,698 -58,302 MISCELLANEOUS INCOME 187,946 187,946 10,593 -177,353 OTHER FINANCING SOURCES 455,000 455,000 0 -455,000 TOTAL REVENUES 22,402,124 22,402,124 289,989 -22,112,135 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,460 132,460 12,517 -119,943 CITY MANAGER 784,440 784,440 37,393 -747,047 CITY SECRETARY 272,235 272,235 14,440 -257,795 CITY ATTORNEY 173,000 173,000 0 -173,000 FINANCE 716,778 716,778 34,285 -682,493 FACILITIES 180,400 180,400 13,302 -167,098 MUNICIPAL COURT 344,701 344,701 18,231 -326,470 HUMAN RESOURCES 195,700 195,700 8,839 -186,861 PURCHASING 113,518 113,518 6,328 -107,190 INFORMATION TECHNOLOGY 509,081 509,081 20,358 -488,723 POLICE 5,259,695 5,259,695 461,563 -4,798,132 FIRE 5,108,383 5,108,383 287,621 -4,820,762 ANIMAL CONTROL 257,983 257,983 15,248 -242,735 PLANNING 384,345 384,345 21,298 -363,047 BUILDING INSPECTION 702,568 702,568 40,743 -661,825 CODE ENFORCEMENT 194,600 194,600 11,925 -182,675 STREETS 1,237,551 1,237,551 46,722 -1,190,829 PARKS 1,385,405 1,385,405 77,987 -1,307,418 RECREATION 232,440 232,440 1,599 -230,841 LIBRARY 836,262 836,262 71,531 -764,731 COMBINED SERVICES 4,038,087 4,038,087 188,187 -3,849,900 TOTAL EXPENDITURES 23,059,632 23,059,632 1,390,117 -21,669,515 REVENUES OVERI(UNDER) EXPENDITURES -657,508 -657,508 -1,100,128 612,234 A. Property Tax Collections for FY09-10 as of October 31 are .19%, in comparison to FY08-09 for the same time period .25%. Also, the Sales Tax payments for FY 09-10 will begin 12/09. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 9,400,000 9.400,000 800,375 -8,599,625 INTEREST INCOME 30,000 30,000 2,277 -27,723 MISCELLANEOUS INCOME 30,000 30,000 3,607 -26,393 OTHER FINANCING SOURCES 1,500,000 1,500,000 0 -1,500,000 TOTAL REVENUES 10,960,000 10,960,000 806,259 -10,153,741 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 569,765 569,765 30,021 -539,744 UTILITIES-WATER 1,107,030 1,107,030 53,907 -1,053,123 CITY ENGINEER 489,070 489,070 17,181 -471,889 UTILITIES- SEWER 500,660 500,660 33,557 -467,103 UTILITY BILLING 566,017 566,017 26,987 -539,030 COMBINED SERVICES 7,561,582 7,561,582 536,723 -7,024,859 TOTAL EXPENDITURES 10,794,124 10,794,124 698,376 -10,095,748 REVENUES OVERJ(UNDER) EXPENDITURES 165,876 165,876 107,883 -57,993 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 12-8-09 Item Number: F Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 11-20-09 Budgeted Amount: Exhibits: Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2009. Recommendation Accept, and place on tile, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2009. The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 20, 2009. Approved By _ Initial Date Department Director SS 11-20-09 City Manager T/rt /,-1/, f/;1 Page 1 of 1 1-11-2009 10:23 AM CITY OP WYLIE PAGE: BALANCE SHEET AS OF: OCTOBER 31ST, 2009 111-WYLIE ECONOMIC BEVEL CORP ACCOUNTS) TITLE ASSET: 1000-10110 CLAIM ON CASH AND CASH EQUIV. 715,720.78 1000-10115 CASH-WEDC-INW00D 2.00 _.00-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST. MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 100.-10341 TEXPOOL 0.00 1302-10343 LOGIC 0.00 .., ig4al INTERES'..' RECEIVABLE 0.00 1000-11.511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS EEC - SALES TAX 0.01 1000-12996 LOAN REC - JACOBY 0,00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS AEC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,811,424.40 1000-14119 INVENTORY - BA'YOO - SANDEN BLV 0.00 1022-1431. PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 725,290.60 4,673,878.79 TOTAL ASSETS 4,673,878.79 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2 i000-20114 IRS LEVY PAYABLE 0.00 2000-20215 NATIONWIDE DEFERRED COMP 0.00 200I-20116 HEALTH INSUR PAY-EMPLOYEE ( 939.75) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH I..A PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 10.00-20125 VALIC DEFERRED COMP 0.00 2230-23126 ICMA PAYABLE 0.00 0)C-22 ACCRUED WAGES PAYABLE 0.00 .. 2L 80 ADDS^ EMPLOYEE INSUR PAY 1.46 2001-20109 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 3,789.42 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 725.290.60 2000-20910 DUE TO GENERAL FUND 0.00 2100-22270 DEFERRED REVENUE 322-525.80 11-11-2009 10:23 AM CITY OF WYL`IE PAGE, 2 BALANCE SHEET AS OF: OCTOBER 31ST, 2009 131!RYLIE ECONOMIC BEVEL CORP ACCOUNT# TITLE 2700-22915 RENTAL DEPOSITS 1,000.0D TOTAL LIABILITIES 1,051,667.53 GGLGTG 700-34550 POND BALANCE-ONRESERV/UNDESIG 3,495,474,24 TOTAL BEGINNING EQUITY 3,495,424.24 TOTAL REVENUE 1,211,903,08 TOTAL EXPENSES 1,085,1.66.06 REVENUE OVER/(UNDER) EXPENSES 126,737.02 TOTAL EQUITY & OVER/(UNDER) 3,622,211.26 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,673,878,79 11-11-2009 10:23 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 31ST, 2009 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 I000l18110 LOAN WEDC 0.00 I000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0,00 LIABILBITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 36,397.1E 2000-21410 ACCRUED INTEREST PAYABLE 1,279.95 2000-28205 WEDC LOANS-CURRENT 153,460.99 2000-23220 BIRMINGHAM LOAN 0,00 2000-28230 INW00D LOAN 446,505.57 2500-28240 HUGHES LOAN PAYABLE 222,478.21 2900-.28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME RUTS LOAN 175,505.00 2000-28270 BOWLAND/ANDERSON LOAN 36,261.58 2000-28280 CAPITAL ONE CA'ZAD LOAN 146,718.99 TOTAL LIABILITIES 1,218,607,46 EQUITY 3000-34590 FUND BALANCE ( 1,218,607.46) TOTAL BEGINNING EQUITY ( 1,218,607.461 TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY a OVER-'(UNDER) ( 1,218,607.461 TOTAL LIABILITIES, EQUITY & OVER/CONDER) 0.00 11-11-2009 10,24 AM CITY OF WYLIE PAGE REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2009 u.,.'V'YLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 0.00 0.00 0.00 0.00 1.,300,000.00 0.00 INTEREST INCOME 10,000.00 208.58 0.00 208.58 0.00 9,791.42 2.09 MISCELLANEOUS INCOME 1.09,600.00 7,200.00 0.00 7,200.00 0.00 102,400.00 6.57 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 7,408.58 0.00 1,408.58 0.00 1,412,191.42 0.52 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,875,821.00 93,629.29 0.00 93,629.29 2,645.50 1,719,546.21 5.13 TOTAL EXPENDITURES 1,815,821.00 93,529.29 0.00 93,629.29 2,645.53 1,779,546.21 5.13 REVENUE OVERI(UNDER) EXPENDITURES ( 456,221.001 ( 86,220.71) 0.00 ( 86,220.71) ( 2,645.50) ( 367,354,79( 19.48 - _'_-2009 10:24 AM CITY OF WYLIE PAGE) REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2009 111- ECONOMIC BEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET E_S 4000-40210 SALES TAX 1,3300,000,00 0.00 0.00 0.00 0.00 1,300,000,00 0,00 TOTAL TAXES 1,300,000,00 0.00 0.00 0,00 0.00 1,300,000.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0 00 4 00-46110 ALLOCATED INTEREST EARNINGS 10,000,00 208.58 0.00 208.58 0.00 9,791.42 2.09 4000-4E142 TEZPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 40H1-461213 LOGIC INTEREST 0,00 0.00 0.00 0,00 2.00 0.00 0.00 4600-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0_00 0.00 0.00 0.00 .,:0'AL INTEREST INCOME 10,000,00 208,58 0.00 208.58 0.00 9,791.42 2.09 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 108,400.00 7,200,00 0.00 7,200.00 0.00 101,200.00 964 4020-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0_D0 4002-48410 RISC INCOME 1,200.00 0.00 0.00 0.00 0.00 1,200.00 0,00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0,00 0.00 0_00 0.00 0.00 TOTAL 2IISCELLANEOUS INCOME 109,600.00 7,200.00 0.00 7,200.00 0.00 102,400,00 6.57 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0,00 0,00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0_00 0,00 0.00 0,00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0,00 0.00 0.00 0.00 0.00 0_00 0.00 TOTAL REVENUES 1,49,600.00 7,408.5E 0.00 7,408.5E 0.00 1,412,191.42 0.52 11-11-2009 10:24 AM CITY OF WYLIE PAGE: REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2009 111-WYLGE ECONOMIC DEV_L CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT. PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL ONNEL. SERVICES 5611-51110 SALARIES 174,722.00 7,691,42 0.00 7,691.42 0,00 161,030.58 4.40 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0,00 5611-51140 LONGEVITY PAY 772.00 0.00 0.00 0.00 0.00 772.00 0.00 5611-51145 SICK LEAVE BUYBACK 1,900,00 0.00 0,00 0.00 0,00 1,900.00 0.00 56111-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 ...00 0.00 551.1-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0,00 0.00 0.00 ,.-512 AR ALLOWANCE 11,320.00 522,47 0.00 522.47 0.00 10,797,53 4.62 9E11-51220 RHONE ALLOWANCE 2,976.00 157,66 0.00 157.66 0.00 2,818,34 5.30 5611 51.230 CLOTHING ALLOWANCE 0.00 0,00 0.00 0.00 0.00 0.00 0.00 -1 51310 T'MRS 18,992.00 833.80 0.00 833.80 0,00 18,158.20 4.39 5611-51410 HOSPITAL & LIFE INSURANCE 20,870.00 3,161,52 0,00 3,161,52 0.00 17,708.48 15.15 5611-51420 LONG-TERM DISABILITY 1,040.00 76.44 0.00 76.44 0,00 963.56 7.35 5611-51440 FICA 11-820,00 274.53 0,00 274.53 0.00 11,545.47 2,32 5611-51450 MEDICARE 2,900.00 119.50 0.00 119.50 0.00 2,780.50 4.12 5611-51470 WORKERS COMP PREMIUM 490.00 0,00 0.00 0.00 0.00 490,00 0.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540_00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 248,342.00 12,837.34 0.00 12,837,34 0.00 235,504.66 5,11 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000,00 25.00 0.00 25,00 269.47 8,705 53 3,27 5611-52040 POSTAGE 2,220,00 0.00 0.00 0,00 228,95 1,991,95 10.31 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0,06 0.00 '.00 5611-52810 FOOD SUPPLIES 5,300.00 152,00 0,00 152,00 246.74 1.901.26 7,5E 5611-50990 OTHER 0,00 0,00 0.00 0.00 2.00 0,00 0.00 TOTAL SUPPLIES 16,520.00 177.00 0.00 177.00 745.16 15,597,84 5.58 MATERIALS FOR MAINTENANC 5611-54630 'TOOLS & EQUIPMENT 0.00 0,00 0,00 0.00 0.00 0.00 0.00 5011-54810 COMPUTER HARD/SOFTWARE 1,800,00 0.00 0.00 0.00 0,00 1,800.00 0.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 ADO TOTAL MATERIALS POR NAPiT NAIPC 1,800.00 0.00 0.00 0,00 0.00 1,800 00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 54.6,259.00 40,000.00 0,00 40,000,00 0.00 506,259,00 7.32 5611-56040 SPECIAL SERVICES 11,695.00 965.00 0.00 965.00 361.95 70,368,05 1.85 5611-56020 ADVERTISING 36,335,00 600.00 0.00 600,00 250,00 35,485.00 2.34 5611-56092 COMMUNITY DEVELOPMENT 49,913.00 11,200,45 0,00 12,200,45 670.00 37,042.55 25.79 -56110 CONMIDNCATIONS 3,510.00 971.10 0.00 971,10 0.00 2,538 90 27.67 5611-56180 RENTAL 19,500.00 2,516.03 0.00 2,516.03 0.00 16,983.97 12.90 5611-56210 TRAVEL AND TRAINING 28,279.00 16.31 0.00 16.31 618.39 27,644.38 2,24 5611-55250 DUES & SUBSCRIPTIONS 7,933.00 1,500,00 0.00 1,500.00 0.00 6,423,00 18,79 5511-56310 INSURANCE 2,500,00 0.00 0.00 0.00 0.00 2,500.00 GOO 56510 AUDIT AND LEGAL SERVICES 17,560.00 0.00 0.00 0.00 0.00 17,560.00 0_ 0 5611-56570 ENGINEERING ARCHITECT SVC 20,498,00 0.00 0.00 0.00 0.00 20,498 00 0.00 565 UTILITIES ECTTRIC 4.000.00 0.00 0.00 0.00 0.00 4.000 CC D.00 TtCAL CONTRACTUAL SERVICES 208,032.00 58,768,89 0.00 56,765.29 1,900.34 147,36E 51 11-11-2009 10:24 AM CITY OF WYLIE PAGE: , REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2009 __- WYLSE ECONOMIC DRIVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL .- . DEBT SERVICE 274,501,00 21,846.06 0.00 21,846.06 0.00 252, 54.94 7.96 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0_CO TOTAL DENT SERVICE 4 CAP. REPL 274,501.00 21,846,06 0,00 21,846.06 0.00 252,654.94 7.96 CAPITAL OUTLAY 5611-58110 LAND 379,606,35 0.00 0.00 0.00 0.00 379,606.35 5611-331.20 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0-00 0 00 7')0 5611-582 0 STREETS & ALLEYS 52,300,00 0.00 0.00 0.00 0.00 52,300 00 0.00 56EI0 COMPUTER HARDOSOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.20 P,IITURE Et FIXTURES 5,000.00 0,00 0.00 0.00 0.00 5,000.00 0.00 6585099 ONTRA CAPITAL OUTLAY .: 0 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 439,906.35 0.00 0.00 0.00 0,00 439,906,35 0.00 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 66,326.00 0.00 0,00 0.00 0,00 66,326.00 0.00 5651-559190 TRANSFER TO THORUGRFARE IMP 20,393.65 0,00 0,00 0.00 0.00 20,393.65 0.00 56:1-399915 PROJECT ACCOUNTING 0 00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL, OTHER FINANCING (USES) 86,719.65 0.00 0.00 0.00 0.00 86,719.65 0.00 _I,AL DEVELOPMENT CORP-WEDC 1,875,821,00 93,629.29 0.00 93,629.29 2,645.50 1,779,546.21 5.13 TOTAL EXPENDITURES 1.475,821.00 93,529.29 0.00 93,529.29 2,645.50 79,546.21 5912 REVENUE OVER UNDER) EXPENDITURES ) 456 221,00) ( 86,220,71) 0,00 ( 86,220.71) ( 2,645,501 ( 367,354.79) 19.49 ^• END OF REPORT ••" Wylie Economic Development Corporation Balance Sheet Subledger October 31, 2009 Inventory-Land Date of Pur. Address Acreage Improvements (sq.ft.) Cost Basis McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 4,750 171,842.02 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 29.47 2,811,424.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. Wylie Economic Development Corporation Balance Sheet Sub ledger October 31, 2009 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance September 30, 2009 $1,196,570.08 October Inwood(#48 of 120) $9,915.23 $534,342.81 $7,319.77 $2,559.22 $527,023.04 Hughes (#39 of 120) 3,774.70 253,411.58 2,507.64 1,267.06 250,903.94 Prime Kuts (#24 of 120) 2,539.59 194,816.47 1,565.51 974.08 193,250.96 Bowland(#24 of 60) 773.31 26,062.55 643.00 130.31 25,419.55 Anderson(#24 of 60) 773.31 26,062.55 643.00 130.31 25,419.55 CapitalOne(#fa&#19 of 120) 4,069.92 161,329.77 2,423.14 1,646.78 158,906.63 October 31, 2009 $15,102.06 $6,707.76 $1,180,923.67 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Loan Term Sheet As of October 31, 2009 Property Date of Purchase Interest Rate Current Balance Inwood(#48 of 120) 8/26/05 5.75% $527,023.04 Hughes (#39 of 120) 7/25/06 6.00% 250,903.94 Prime Kuts (#24 of 120) 10/8/07 6.00% 193,250.96 Bowland(#24 of 60) 10/9/07 6.00% 25,419.55 Anderson(#24 of 60) 10/9/07 6.00% 25,419.55 CapitalOne(#18&#19 of 120) 3/17/08 6.25% 158,906.63 Total $1,180,923.67 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2009 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 $8,116 9.85°/a JANUARY 86,614 89,898 101,531 11,633 12.94% FEBRUARY 121,615 132,441 145,246 12,805 9.77% MARCH 83,172 86,460 87,584 1,124 1.30% APRIL 81,377 86,004 86,040 36 0.04% MAY 124,616 130,208 130,966 758 0.58% JUNE 86,779 99,523 94,993 -4,530 -4.55% JULY 90,996 98,845 95,282 -3,563 -3.60% AUGUST 114,655 132,563 117,541 -15,022 -11.33% SEPTEMBER 99,715 112,165 104,015 -8,150 -7.27% OCTOBER 91,185 100,202 100,312 110 0.11% NOVEMBER 124,515 142,985 144,326 1,341 0.94% Sub-Total $1,188,149 $1,293,678 $1,298,336 $4,658 0.36% AUDIT ADJ TOTAL $1,188,149 $1,293,678 $1,298,336 $4,658 3.60% WEDC SALES TAX ANALYSIS $160,000 - $140 000 ..__ _.- -__.. ___.------ --- .._... __. 99, I $120,000 _. _... 99 -- --- --- $100,000 -. --- --- 110 iv 1 92008 I,IP1,9 i •2009 $60,000 - la thi ---lir its -- � Q $40,000 - - _- 77 II S20,000 $0 I PII1 J a cc; 2 m 4 2 m a 0 a m c a` Z „ E E w z Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 1. Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 12/1/09 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-36(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas for a Joint Radio Communications System. Recommendation A motion to approve Resolution No. 2009-36(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas for a Joint Radio Communications System. Discussion Staff has reviewed and recommends an Interlocal Cooperation Agreement with the cities of Allen, Plano, and Murphy for a joint radio communications system. This Agreement will provide the governance structure for the Public Safety radio system for Wylie, utilizing space on the Plano-Allen-Murphy-Wylie (PAWM) Radio System. The attached agreement addresses the City of Wylie and the City of Murphy obligations in the jointly owned radio system. The cities of Wylie and Murphy will be exempt from user fees associated with leased airtime on the new radio system. They will jointly fund a radio technician as indicated in the agreement. The cities of Allen and Plano reserve the right to seek additional airtime lease subscribers from other municipal and private agencies within the corporate limits of Wylie and Murphy. The revenue from any such additional subscribers will be held by the cities of Plano and Allen and used to support the jointly owned radio system infrastructure. Approved By lniva! Dale Department Director RC 11-18-09 City Manager 1 t I Page 1 of 1 RESOLUTION NO. 2009-36(R1 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 AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS, AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 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, an interlocal cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas, for a Joint Radio Communications System, attached hereto as Exhibit "A". SECTION 2: This Resolution shall take effect immediately upon its passage. DULPY PASSED AND APPROVED by the City Council of the City of Wylie, this the 8`t' day of December, 2009. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary RESOLUTION NO. 2009-36(R) Interlocal Cooperative Agreement Joint Communication System 563458-1 • AGREEMENT BETWEEN THE CITY OF PLANO, TEXAS, AND THE CITY OF ALLEN,TEXAS,THE CiTY OF WYLIE,TEXAS AND THE CITY OF MURPHY,TEXAS . FOR JOINT RADIO COMMUNICATIONS SYSTEM • This Agreement is made between-the CITY OF PLANO, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Plano"), the CITY OF ALLEN, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Allen"), the CITY OF WYLIE, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Wylie"), and the CITY OF MURPHY, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Murphy") as follows: WHEREAS, the interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and • WHEREAS, Plano, Allen, Wylie and Murphy (hereinafter each individually referred to as "Party" and collectively referred to as "Parties") are political subdivisions within the State of • Texas and are all engaged in the provision of governmental services for the benefit of their citizens; and WHEREAS, the Parties desire to enter into an interlocal agreement for the use of the Plano/Allen jointly owned radio system pursuant to Chapter 791 of the Texas Government Code (the "Agreement"); and • WHEREAS, the Parties have current funds available to satisfy any fees and costs requited pursuant to this Agreement. NOW,THEREFORE, the Parties, for and in consideration of the recitals set forth above and terms and conditions below,agree as follows: • I.TERM This Agreement shall be automatically renewed annually for a period of ten (10) years in order to allow each Party the opportunity to recover its investment, unless terminated earlier as provided herein. II. PURPOSE The purpose of this Agreement between Allen and Plano identifies rules for future infrastructure Members. These rules, along with the terns spelled out in the Plano/Allen ILA attached hereto as Exhibit `A", address Wylie and Murphy's obligations in the jointly owned radio system. The cities of Murphy and Wylie will be exempt from user fees associated with leased airtime on the new radio system. Murphy and Wylie will jointly fund a radio technician as indicated in this document. The cities of Allen and Plano reserve the right to seek additional airtime lease subscribers from other municipal and private agencies within the corporate limits of Wylie and Murphy. The revenue from any such additional subscribers will be held by Plano and Allen and used to support the jointly owned radio system infrastructure. l AGREEMENT PAGE 1 • c:toocuments and settingsrdebrae.planoVny documentslpawm agreementiinal.00c(5-18-09) • III.OBLIGATIONS OF THE PARTIES A. INFRASTRUCTURE The cities of Murphy and Wylie each agree to build a radio communications site in their respective cities. The radio sites will be constructed concurrently with the Plano/Alien sites, • • according to the specifications identified in the Plano Request for Proposal attached hereto as Plano/RCC Exhibit "B". The estimated completion date is December 2010. Each site will house transmitters and receivers as well as microwave backhaul for the purposes of simulcasting the Plano/Allen joint radio system. The cities of Murphy and Wylie also agree to utilize either a water tower or radio communications tower of sufficient height to facilitate the system operation. Each city also agrees to install the infrastructure equipment in a hardened shelter with either emergency generator backup power along with uninterruptibie power supplies (UPS) or battery bank system. The hardened shelter and back-up power system shall also be installed concurrently with the new radio site. Shelter and power specifications will be supplied to the cities by the city of Plano as needed. All equipment purchased by each city will be individually owned and maintained by the purchasing member. B. SUBSCRIBER UNITS-MOBILE AND PORTABLE RADIOS • The cities of Murphy and Wylie may utilize any vendor of P-25 compliant radios they • choose. The cities of Murphy and Wylie are responsible for all software and hardware required to '.... program these subscriber units should they choose a different manufacturer from the cities of Allen and Plano. Each city is responsible for the service agreement covering its subscriber units. C. JOINTLY FUNDED SYSTEM TECHNICIAN • In exchange for waiver of user fees historically charged to each agency for the use of the Plano/Allen radio system, the cities of Murphy and Wylie agree to each fund one half(1/2) of an additional radio system technician separate from the Plano/Allen technician.The cities of Murphy and Wylie also agree to share equally in the cost of the service vehicle enabling the technician to perform daily tasks. The city of Plano will perform routine maintenance on the jointly funded technicians' vehicle such as oil changes and inspections through the city of Plano's Equipment Services Division. Estimated annual raises for the technician shall not exceed 3% of gross salary allotted for the position. The City of Plano will invoice the cities of Murphy and Wylie annually for the salary of the jointly funded technician. The invoice will include any overtime expenses associated with on-call activities or other radio system related repairs. The function of this technician is to substitute for the cost of a manufacturer's maintenance agreement. The first invoice will begin on October 1, 2010. The technician will perform the duties of system maintenance, alarm monitoring and emergency call-out functions for all members of the jointly owned Plano/Alien radio system.The technician will be stationed at the Plano radio shop and will be dispatched to jobs in a prioritized manner. The technician will be an employee of the City of Plano. Plano shall be responsible for the hiring, supervising and performance evaluation of the technician. AGREEMENT PAGE 2 c:\documents and settings\debrae.plano'uny documents\pawn agreementfinal.doc(5-18-09) • D. I'LANO/ALL,EN SERVICES • The cities of Plano and Allen each currently fund one half('h) share of a radio technician. This person is responsible for all programming of subscriber radios and basic system • maintenance. The city of Plano funds a radio system manager, radio system coordinator and an • administrative assistant as well as a 4000 sq. ft. radio shop facility. The Plano/Allen funded • system technician and the jointly funded Wylie/Murphy system technician will share on-call duties for the Parties The city of Plano also stocks an emergency communications trailer with crank-up radio tower,an ACU patching device and a cache of two-way radios for emergency use. Infrastructure members shall have access to use these services. • E. RADIO SHOP The city of Plano operates a radio shop for the mutual benefit of all users of the radio system. The radio shop provides day-to-day system administration as well as centralized shipping and receiving for all mobile and portable repairs. When radios return from repair, the radio shop verifies their operation and programs the unit as required.The radio shop offers a drive-up service to assist in troubleshooting radio issues in vehicles. F. HOURS OF OPERATION The radio shop is generally open Monday-Friday, from 7 a.m. to 4 p.m. If service is required after hours, the on-call technician will respond. The radio shop will establish an on-call rotation of technicians for the mutual benefit of the Parties. These technicians will be a Plano technician,jointly funded Piano/Allen technician or the Murphy/Wylie funded technician. After hours,responses shall be limited to service affecting system-wide infrastructure or priority-restore items at dispatch centers, fire station alerting, at the sole discretion of the Plano Radio Manager. Mobile and portable service is not available after hours or weekends. IV. PAYMENTS DUE All payments for expenses incurred as a result of the performance of this Agreement shall • be made only from current revenues legally available to each respective Party. The City of Plano will invoice Parties for payments due at the beginning of each fiscal year for which payment must be remitted within thirty (30) days of receipt of invoice. The Parties herein recognize that the continuation of any contract after the close of any given fiscal year, which fiscal year ends on September 30th of each year, shall be subject to each Party's City Council approval. In the event that any of the Parties' City Councils do not approve the appropriation of funds for this Agreement, the Agreement shall terminate at the end of the fiscal year for which funds were appropriated and the Parties shall have no further obligations hereunder. V.TERMINATION This Agreement niay be terminated upon one (1)-year written notice from the Party seeking termination to the other Parties. AGREEMENT PAGE 3 c:\documenls and settIngsldebrae.planoMy documens\pawm apreementfinal.doc(5-18-09) The Party terminating this Agreement shall reimburse the remaining Parties for reconfiguring of the system, including, but not limited to microwave realignment and licensing fees. No refund shall be given for the technician's salary for the year. VI. DISPUTE RESOLUTION In the event of a dispute regarding any aspect of this Agreement, the dispute shall be sent first to the Coordinating Committee for resolution and the Coordinating Committee shall act as mediator. lithe Coordinating Committee is unable to agree on a resolution, then the dispute shall be referred to a joint meeting of the City Managers of each of the Parties. if the dispute continues to remain unresolved after this process, the Parties shall refer the dispute to outside non-binding mediation for resolution prior to engaging in litigation. All Parties shall share equally in the cost of a certified mediator and each Party shall be responsible for their own attorney fees. VII. GOVERNMENTAL FUNCTION The Parties have determined by their execution of this Agreement that this Agreement and the obligations of the Parties contained herein are in discharge of a governmental function as set forth in the hvcrlocal Cooperation Act, and participation in this Agreement by one Party shall not be construed as creating any kind of agency relationship, partnership, or joint enterprise between the Parties. VIII.RELEASE AND HOLD HARMLESS TO THE EXTENT PERMITTED BY LAW, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST, TO RELEASE, AND TO HOLD HARMLESS THE OTHER PARTY AND ITS RESPECTIVE OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, LOSSES, DAMAGES, ATTORNEYS FEES, INCLUDING ALL EXPENSES OF LITIGATION OR SETTLEMENT, OR CAUSES OF • ACTION WHICH MAY ARISE BY REASON OR INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY ARISING OUT OF OR IN CONNECTION WI ILI THIS AGREEMENT. IN THE EVENT THAT A CLAIM IS FILED, EACH PARTY SHALL BE RESPONSIBLE FOR ITS PROPORTIONATE SHARE OF LIABILITY. ALLEN, WYLIE AND MURPHY AGREE TO WAIVE ALL CLAIMS AGAINST AND HOLD HARMLESS PLANO AND ALLEN IN • THE EVENT OF EARLY TERMINATION OF THE AGREEMENT. IX.IMMUNITY In the execution of this Agreement, none of the Parties waive, nor shall be deemed hereby to have waived any immunity or any legal or equitable defense otherwise available 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, and this Agreement does not create any rights in parties who are not signatories to this '.. Agreement. '.... • 1 AGREEMENT PAGE c:ldocuments and sedingstdehrae.plano\ny documentslpawm agreementnnal.doo(8-18-09) • X.ASSIGNMENT AND SUBLETTING Wylie and Murphy agree to retain control and to give full attention to the fulfillment of this Agreement, that this Agreement will not be assigned or sublet without the prior written consent of the Parties, and that no part or feature of the work will be sublet to anyone objectionable to the Parties. Wylie and Murphy further agree that the performance of this Agreement shall not relieve Wylie and Murphy from its full obligations to Plano and Alien as provided by this Agreement. XI. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Plano, Allen, Wylie and Murphy and supersedes all prior negotiations, representations and/or agreements, either written or oral between Plano/Allen and Wylie/Murphy. This Agreement may be amended only by written instrument signed by Plano, Allen and Wylie and Murphy, X'II.NOTICES Unless notified otherwise in writing, all notices are required to be given to either Party in ICI writing and delivered in person or send via certified mail to the other Party at the following respective addresses: Plano Representative: Allen Representative: CITY OF PLANO CITY OF ALLEN Director of Public Safety Chief of Police Communications Allen Police Department 1520 K Avenue, Suite 010 205 W. McDermott Plano,Texas 75074 Allen,Texas 75013 • (972) 941-7930 (214) 509-4200 Wylie Representative Murphy Representative CITY OF WYLIE CITY OF MURPHY 2000 Hwy, 78 North 206 N. Murphy Road Wylie,Texas 75098 Murphy,Texas 75094 XIII. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officers and/or agents of the Parties hereto are the properly authorized officials or representatives and have the necessary authority to execute this Agreement on behalf of the Parties hereto. XIV. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either Party may terminate this Agreement by giving the other party thirty (30) days written notice. AGREEMENT PAGE 5 c:1documents and settingsVdebrae.planotmy documentslpawm agreementfinal.doc(5-18-09) XV. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall he governed by the laws of the State of Texas. The Parties agree that this Agreement shall be enforceable in Collin County, Texas, and if legal and necessary, exclusive venue shall lie in Collin County, Texas. • XVI. INTERPRETATION OF AGREEMENT Although this Agreement is drafted by Plano, this is a negotiated document. Should any part of this Agreement be in dispute,the Parties agree that the Agreement shall not be constructed more favorably for any of the Parties. • XVII.REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one (1) or more instances of forbearance by either Parry in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof, XVIII.SUCCESSORS AND ASSIGNS The Parties each bind themselves, their respective successors, executors, administrators, and assigns to the other Party to this contract. Neither Party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other Party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of all Parties. EXECUTED on the dates indicated below: CITY OF ALLEN, TEXAS DATE _ BY: • Peter Ii. Vargas City Manager • APPROVED AS TO FORM: Peter G. Smith,City Attorney '....• • AGREEMENT PAGE 6 c:ldocuments and seltingsldebrae.plano\my documentstpawm agreementfinal,doc(5-18-09( CITY OF WYLIE,TEXAS DATE BY: Mindy Manson City Manager APPROVED AS TO FORM: Courtney Kuykendall CITY OF MURPHY,TEXAS DATE BY: James Fisher City Manager APPROVED AS TO FORM: CITY OF PLANO,TEXAS DATE BY: Thomas H. Muehlenbeck City Manager APPROVED AS TO FORM: Diane C. Wetherbee, City Attorney AGREEMENT PAGE 7 c:\documents and settings\debrae.plano\ny documents\pawm agreementfnal.doc(5-18-09) ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF COLLIN § • This instrument was acknowledged before me on the day of 20_, by PETER H. VARGAS, City Manager for the City of Allen, Texas, a home-rule municipal corporation, on behalf of such municipal corporation. • Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 20_, by MINDY MANSON, City Manager for the City of Wylie, Texas, a home-rule municipal corporation, on behalf of such municipal corporation. Notary Public,State of Texas STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of I 20_, by JAMES FISHER, City Manager for the City of Murphy, Texas, a home-rule municipal corporation, on behalf of such municipal corporation. i Notary Public,State of Texas STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the _ day of 20 , by THOMAS H. MUEHLENBECIC, City Manager of the City of Plano, Texas, a home-rule municipal corporation,on behalf of such municipal corporation. '.. Notary Public, State of Texas AGREEMENT PAGES c:\documents and settings\debrae.planolmy doamentslpawm a greementfinal.doc(5-18-09) AGREEMENT BETWEEN THE CITY OF PLANO AND THE CITY OF ALLEN FOR A JOINT RADIO COMMUNICATIONS SYSTEM FOR MUNICIPAL SERVICES This Agreement is made between the CITY OF PLANO, TEXAS, a home- rule municipal corporation with the authorization of its governing body, (hereinafter referred to as 'Plano"), and the CITY OF ALLEN, TEXAS, a home rule municipal corporation with the authorization of its governing body, (hereinafter referred to as "Allen") as follows: WITNESSETH: WHEREAS, Plano and Allen are political subdivisions within the State of Texas, and each is engaged in the provision of governmental services for the benefit of its citizens; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act") provides authority for local governments of the State of Texas to enter into interlocal agreements with each other for the purpose of performing governmental functions and services as set forth in the Act; and WHEREAS, municipalities owns and operates radio systems for the purpose of providing radio communications in support of its governmental operations; and WHEREAS, each of the municipalities has investigated and determined that it would be advantageous and beneficial to the citizens within its respective municipality to jointly operate a radio system; and WHEREAS, in order to provide dependable/mission-critical voice radio service for use by each of the municipalities and its respective users, Plano and Allen desire to enter into an Interlocal Agreement to provide a Joint Radio Communications System for Municipal Services (hereinafter "Joint System"); and WHEREAS, use of this Joint System will provide for system coverage for each city to ensure safe, effective and efficient communications, and benefit the greatest number of citizens both now and in the future; and WHEREAS, this Agreement will provide the framework for administering the Joint System, and the costs associated with implementation, maintenance and operation of the Joint System distributed among Plano and Allen. Interlocal Agreement Between the City of Plano and the City of Allen for a Joint Communications System Page 1 S:1Radio Agreernentslv2 interlocal agreement between alien and plano.doc EXHIBIT 1/27i2009 PAGE ( OF k 3 NOW, THEREFORE, Plano and Allen (hereinafter collectively referred to as "Party" or Parties"), for and in consideration of the mutual benefits and obligations set forth in this Agreement, agree as follows: ADMINISTRATION OF THE JOINT COMMUNICATIONS SYSTEM 1.01 Coordinating Committee. Operation, administration and policy development of the Joint System shall be the responsibility of a Coordinating Committee, comprised of one (1) member from each City, appointed by the respective City Manager (hereinafter "Coordinating Committee"). Additional ex- officio members may be selected by the City Managers to service on the Coordinating Committee and to assist the Committee, but shall have no voting authority. The Coordinating Committee's duties will be to make recommendations to the respective Parties' governmental bodies of system changes, upgrades, additional uses and any other aspects of the Joint System. Payment of Monies pursuant to the terms and obligations of this Agreement must be approved by the governing bodies or their designees of each of the Parties as required by their respective City Charters and ordinances Administrative decisions may be made by the Coordinating Committee as allowed under Section VII. and Section 1. § 1.02. 1.02 Technical Committee A committee of technical personnel shall be selected to advise the Coordinating Committee (hereinafter "Technical Committee"). Each City's Coordinating Committee member shall be able to appoint up to four (4) persons to serve on the Technical Committee. Technical Standards for the operation of the Joint System shall be developed by the Technical Committee and approved by mutual agreement of the Coordination Committee. Once approved, these standards must be compatible with existing equipment and may not violate any of the terms of this agreement or of any existing maintenance or hardware agreement. I I. FUTURE EXPANSION OF THIS AGREEMENT 2.01 Parties to this Agreement. All third parties who are serviced by the respective radio systems of Plano and Allen at the time of signing of this Agreement may participate in the Joint System created by this Agreement. However, for purposes of this Agreement, including its intended operation and effect, the Parties specifically agree and contract that: (1) this agreement only Inlerlocal Agreement Between the City of Plano and the City of Allen for a Joint Communications System Page 2 S:\Radio\Agreements\v2 interlace!agreement between alien and plano.doc EXHIBIT 1/27r20c9 PAGE OF k 3 affects the Parties hereto, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity not a party hereto, notwithstanding the fact that such third person or entity may be in a contractual relationship with Plano or Allen, either individually or collectively; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owed by them to any of the Parties or to create any rights for the benefit of third parties, unless expressly provided herein. 2.02 Addition of Users. Upon the approval of the Parties, this Agreement may be amended by written agreement so that additional users may utilize the Joint System under the terms and conditions acceptable to all Parties. In addition to any other obligations, any third party added to the Joint System shall also be required to pay a rate established by the Coordinating Committee, and if required by Charter or ordinance, approved by the respective governing bodies of Plano and Allen, III. OWNERSHIP INTERESTS OF THE PARTIES 3.01 Radio License Modification. Within ninety (90) days of execution of this Agreement, the Parties agree to make application to transfer their respective individually owned Federal Communications Commission (FCC) licenses to the City of Plano Radio Manager, for single entity titling, as required by FCC standards. 3.02 Hardware I Software. Each Party shall retain individual ownership of its respective hardware and software purchased prior to, or as a part of this Agreement. All communications and operating equipment owned by each Party will continue to be separately owned by such Party. 3.03 Recommendations regarding changes, upgrades, and maintenance costs for the Joint System will be made to the Coordinating Committee for joint resolution and policy determination. Iv, FINANCING AND INFRASTRUCTURE COST SHARING 4.01 Each Party incurring costs has the sole responsibility to make payment to Vendors providing equipment and services for the Joint System to that Party. In no event shall any Party be held liable for debts incurred by any other Party as a result of expenditures made pursuant to this Agreement. Interlace'Agreement Between the City of Plano and the City of Allen for a Joint Communications System ERHIBIT S:\Radio\Agreements\v2 interlocal agreement between alien and plano.doc 1/2712009 PAGE . OF \ 3 4.02 Full Time Radio Technician. Plano and Allen shall jointly fund a full time radio technician. The technician will provide programming service and maintenance of radios on the system. Plano shall provide the necessary office space, supplies, equipment and training for this technician. The salary and benefits cost for the technician shall be divided equally between the Cities of Plano and Allen. Associate members shall fund a second technician in a similar manner. The purpose of the second technician is to offset the costs of an annual maintenance agreement. The shared costs of the technician by the associate members are expected to result in a costs savings over the typical manufactures' maintenance agreement. The technician will be stationed at the City of Plano radio shop and assigned maintenance and repair tasks in a prioritized manner. The technician will also provide after hours call out service for the radio system and dispatch agencies. The technician will be on-call after hours, holidays and weekends for members and associate member agencies. 4.03 Comprehensive Maintenance Agreement for Equipment. The Parties agree that consistent with and to the extent allowed by all laws governing purchases made by municipalities, they will enter into one comprehensive subscriber unit maintenance agreement for the Joint System. Each Party shall pay its respective share of the cost of the maintenance agreement directly to the manufacture. The radio shop will provide shipping and receiving point for all agencies. This ensures proper programming, database maintenance and fault analysis trends. 4.04 Subscriber Revenue Fund. The Parties agree that there will be participants who receive beneficial use of the Joint System although not a party hereto. The Parties agree to charge participants a reasonable fee, as set by the Coordinating Committee, for this use and such fees shall be remitted to Plano for the benefit of the parties to this Joint Agreement. Plano shall establish a fund, • which shall be used as recommended by the Coordinating Committee and approved by each Parties governing body. These funds shall be used to pay expenses associated with the operation of the joint radio system. Any additional monies or fees shall be used for repairs, upgrades or other enhancements to the Joint System. Plano's share of the fund shall be 2/3 and Allen will retain 1/3. 4.05 Associate Members. Any city who builds infrastructure such as a tower with communications repeaters and backhaul infrastructure connected to the Plana/Allen system will be considered associate members. Other cities may request to join the system in the future. Their participation will require approval by all owners and members of the radio system. Future members will be required to meet the minimum system requirements for site hardening, maintenance and reliability as defined by the system owners. Associate members are required to Interlocal Agreement Between the City of Plano and the In City of Allen for a Joint Communications System EXHIBIT $ S:Radio\Agreementslv2 interlace]agreement between alien and plano.doc 1/2r2009 PAGE OF \3_ support the existing radio system infrastructure by participation in funding the joint system technician. Associate members may avoid the monthly airtime and talk group charges, However, this benefit includes only the city and its internal departments. Agencies who may choose to migrate along with an associate member are required to pay airtime or monthly fees. • Interlocal Agreement Between the City of Plano and the City of Allen for a Joint Communications System Page c S:\Radio\Agreements\v2 interlocal agreement between alien and plano.doc CAt1t BIT 1/27/2009 PAGE . OF 13. • V. JOINT SYSTEM USE AND STANDARDS 5.01 Rules. To maintain an effective and safe system, the following rules shall apply: a. Talk groups. A talk group is comparable to a "channel" used on a conventional system. The term "talk group" shall mean a group of radio users in a common functional responsibility that transmit and talk among themselves. The number of talk groups that each Party to this Agreement may maintain shall not exceed fifteen percent (15%) of the total number of their respective subscriber units as hereinafter defined. For example, a city with 5C0 subscriber units shall have no more than 75 talk groups. The number talk groups used by third parties shall be determined by the Coordinating Committee. b. Subscriber Units. Subscriber Units are individual radios. There shall be no limit on the number of Subscriber Units that any of the Parties utilize on the Joint System. c. Equipment. No Party shall purchase, install or use equipment on the Joint System, unless such use is approved by the other parties in writing. If at the time of signing of this Agreement, any Party hereto does not have fully type-accepted equipment, such Party shall replace such nonconforming equipment with conforming equipment. All subscriber units shall be equipped with P-25 phase 1 or phase 2 digital architecture. Additionally, agencies may request subscriber units that are backwards compatible to Motorola Privacy Plus Smartnet systems for interoperability with other agencies. d. Patching. Cross connecting or patching of radio, talk groups to talk groups or channels on other radio systems shall be done only as necessary for a specific event or emergency. Continuous patching to other systems or agencies requires the prior written approval of the coordinating committee. 5.02 Joint System Priorities. The Parties agree that radio transmission for the Joint System is as follows from highest to least priority: 1. Emergency Activation 2. Community Warning Systems 3. Police/Fire/EMS 4. Non Public Safety— Special Events 5. Non Public Safety— Schools Interlocal Agreement Between the City of Plano and the City of adio Agfor anoint Commocalao re Systementbetween P,aryRf,iT ✓l S�.1RadioWgreemenls1v21nterlocal agreement b alien and plano.doc ! � 1/27/2009 PAGE (p OF 1. 6, Non Public Safety Vl. ACQUISITION/DISPOSITION OF ASSETS Assets acquired under this Agreement by each Party must be acquired and disposed of in accordance with applicable law and the Parties' respective City Charters. Proceeds for assets shall be divided in accordance with the same procedure required for cost sharing applied to the parties at the time the asset was acquired. For example, each Party shall receive a percentage of the proceeds. The percentage received by each Party shall be based upon the amount of money paid by such Party individually after the initial investment identified in this Agreement. This amount would be proportionate to the total amount of money paid by the Parties after such initial investment. Each Party paying for assets to be acquired or making any type of payment pursuant to this Agreement shall make such payments from current revenues legally available to that respective Party. VII, SYSTEM MANAGEMENT AND OPERATION The City of Plano shall perform the day to day operation and management of the Joint System. Policies and procedures for specific management issues shall be pre-determined and approved by the Coordinating Committee. The Coordinating Committee shall make all decision regarding matters other than the day to day operation and management of the Joint System. VIII. TERMINATION OF THE AGREEMENT This Agreement shall be automatically renewed annually for a period of ten (10) one year terms in order to allow each Party the opportunity to recover their investment, unless terminated earlier as provided herein. Should circumstances exist that require one or more parties to terminate this Agreement, then such termination shall be with the following conditions: This Agreement may be terminated upon one (1 ) year written notice from the Party seeking termination to the other Party. Upon termination, the Party terminating shall be entitled to seek an FCC license with the same frequencies which the Party had prior to the execution of this Agreement. Reimbursement — The Party terminating this Agreement shall reimburse the remaining Parties for investments made during the period of this Agreement Inlerlocal Agreement Between the City of Plano and the City of Allen for a Joint Communications System �Xge 7 S:\Radio\Agreementslv2 interlocal agreement between alien and plano.doc hl 1/27/2009 PAGE rf OF \ V. '... for the Joint System by repaying a percentage of the investment attributable to the upgrades provided to the Party seeking termination. a. Upon termination occurring during years 1 through 4 of this Agreement, the terminating Party shall reimburse the Joint System for 75% of the investment, i.e., enhancements, upgrades and other expenditures attributable to the use of the Joint System by the terminating Party up to the date of termination, b. Upon termination occurring during years 5 through 7 of this Agreement, the terminating Party shall reimburse the Joint System for 50% of the investments, i.e., enhancements, upgrades and other expenditures attributable to the use of the Joint System by the terminating Party up to the date of termination. c. Upon termination occurring during years B through 10 of this Agreement, the terminating Party shall reimburse the Joint System for 25% of the investments, i.e., enhancements, upgrades and other expenditures attributable to the use of the Joint System by the terminating Party up to the date of termination. IX. RELEASE AND HOLD HARMLESS Each of the Parties does hereby agree to waive all claims against, release, and hold harmless the other Party and their respective officials, officers, agents, representatives, and employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, and costs, including all expenses of litigation or settlement, or causes of action which may arise by reason or injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with the acts or omissions of their respective officials, officers, agents, representatives, and employees related to or arising out of the performance of this Agreement. In the event that a claim is filed, each Party shall be responsible for its proportionate share of liability. The Parties agree that each shall be liable only for damages, including attorneys fees and costs, related to or arising out of the intentional or negligent act or omission of their respective officials, officers, agents, representatives, and employees in the performance of this Agreement. X. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising Interlocal Agreement Between the City of Plano and the City a Allen for a Joint Communications System 'Mr S:\RadioWgreomentsVv2 interlocal agreement between alien and plano.doc f/2712009 PAGE OF '3 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, and this Agreement shall not create any rights in parties not signatories hereto. XL ASSIGNMENT AND SUBLETTING The Parties shall not assign, sublet, subcontract or transfer any interest in the Agreement without the prior written consent of the other Parties. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the Parties. XII. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Plano and Allen and supersedes all prior negotiations, representations and/or agreements, either written or oral with regard to the subject matter hereof. This agreement may be amending and modified only by written instrument signed by all Parties. XIII. NOTICES Unless notified otherwise in writing in accordance with this section, all notices required to be given to any Party hereto shall be in writing and delivered in person or sent by certified mail, retum receipt requested, to the respective Parties at the following addresses: Allen Representative: Plano Representative: Chief of Police Director of Public Safety Allen Police Department Communications Three Allen Civil Plaza 1520 K Avenue Allen, Texas 75013 Plano, TX 75086 (972) 727-0200 (972) 941-7930 XIV. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto. Plano has executed this Agreement pursuant to duly authorized action of the City Council on Interlocal Agreement Between the City of Plano and the City of Allen for a Joint Communications System ItYHIBIT S:\RadiolAgreements\v2 in!erlocal agreement between ailen and plano.doc CJ5T1 1/27/2009 PAGE . Allen has executed this Agreement pursuant to duly authorized action of the City Council on XV. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, any Party may terminate this Agreement by giving the other Parties thirty (30) days written notice. XVI. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. The Parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas, XVII. INTERPRETATION OF AGREEMENT • This is a negotiated document. Should any part of this agreement be in dispute, the Parties agree that the terms and provisions of this Agreement shall not be construed more favorable for or strictly against any Party. XVIII. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by any Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIX. SUCCESSORS AND ASSIGNS Interlocal Agreement Between the city of Plano and the City of Allen for a Joint Communications System ' Pag7 BiT S:\Radio\Agreements\v2 interlocal agreement between alien and plano.doc C r 1/27/2009 PAGE t 0 OF .c3. The Parties bind themselves, their respective successors, executors, administrators and assigns, to the other Parties to this contract. References in this Agreement to Plano and Allen whether individually or collectively, includes the successors and assigns of each of the respective Parties. XX. DISPUTE RESOLUTION In the event of a dispute regarding any aspect of this Agreement, the Coordinating Committee shall act as mediator. If the Coordinating Committee is unable to agree on a resolution, then the issue shall be referred to a joint meeting of the City Managers of.each of the Parties. If the matter continues to remain unresolved after this process, the Parties shall refer the matter to outside mediation for resolution prior to engaging in litigation. XXI. GOVERNMENTAL FUNCTION The Parties have determined by their execution of this Agreement that this Agreement and the obligations of the Parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation Act, and participation in this Agreement by one Party shall not be construed as creating any kind of agency relationship, partnership, or joint enterprise between the Parties, XXII. HEADINGS The headings of this Agreement are for convenience of reference only and shall not affect in any manner any of the terms and conditions of this Agreement. XXIII. DUPLICATE ORIGINAL DOCUMENTS This Agreement will be executed in two identical counterparts, each of which shall be deemed an original for all purposes. EXECUTED this day of , 2009. CITY OF PLANO, TEXAS BY: Thomas H. Muehlenbeck Interlocal Agreement Between the City of Plano and the City of Allen for a Joint Communications System PaAte 11 S:\Radio1Agreements\v2 interlocal agreement between alien and plano.Coc EXHIBIT 1/27/2009 PAGE / f OF City Manager APPROVED AS TO FORM: Diane C. Wetherbee, CITY ATTORNEY CITY OF ALLEN, TEXAS BY: Name: Title: APPROVED AS TO FORM: Interiocat Agreement Between the.City of Piano and the City of Alien for a Joint Communications System Page 12 S:\Radio\Agreements\v2 interiocal agreement between alien and plano.doc EXHIBIT 1/27r2009 PAGE { a_ OF l ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of _ , 2009, by THOMAS H MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home-rule municipality, on behalf of such corporation, Notary Public, State of Texas STATE OF TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 2009, by , of the CITY OF ALLEN, TEXAS, a home-rule municipality, on behalf of such Municipality. Notary Public, State of Texas Interlace'Agreement Between the City of Plano and the City of Allen for a Joint Communications System Page 13 S:\Radio\Agreements\v2 interlocal agreement between alien and plano.doc EXHIBIT 1/27/2009 PAGE / ,3 OF �, Wylie City Council CITYoF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 2 Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 12/1/09 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-37(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas and Alcatel-Lucent USA Inc. for a the purchase of products and services related to a microwave radio system for the Joint Radio Communications System. Recommendation A motion to approve Resolution No. 2009-37(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas and Alcatel-Lucent USA Inc. for a the purchase of products and services related to a microwave radio system thr the Joint Radio Communications System. Discussion This multi-city system, referred to as the PAWM System, will be linked together by microwave signaling so that the multiple sites work together. The data for voice communications and the data sharing necessary will he done over this proposed microwave radio system, and is an integral part of the system's functionality. While most of the communications hardware and software will be provided by Motorola (if approved), the synchronization of the entire system is done over this proposed Alcatel microwave system. Approved By Initial Date Department Director RC 11-18-09 City Manager , Page 1 of 1 RESOLUTION NO. 2009-37(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 AN AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS, THE CITY OF MURPHY, TEXAS AND ALCATEL-LUCENT USA, INC. FOR THE PURCHASE OF PRODUCTS AND SERVICES RELATED TO A MICROWAVE RADIO SYSTEM FOR A JOINT RADIO COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION L 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, an agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, the City of Murphy, Texas, and Alcatel-Lucent USA, Inc, for the purchase of products and services related to a microwave radio system tbr a Joint Radio Communications System, attached hereto as Exhibit ..A„ SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 8`a clay of December, 2009. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No. 2009-37(R) Agreement for a Microwave Radio Products and Services Joint Radio Communications System CONTRACT BY AND BETWEEN THE CITY OF PLANO, TEXAS, CITY OF ALLEN, TEXAS, CITY OF WYLIE, TEXAS AND CITY OF MURPHY, TEXAS AND ALCATEL-LUCENT USA INC. 2009-187-C THIS CONTRACT is made and entered by and between ALCATEL-LUCENT USA INC., a Delaware corporation, whose address is 660 Data Drive, Plano, Texas 75075, hereinafter referred to as "Contractor' and the CITY OF PLANO, TEXAS, a Home-Rule Municipal Corporation, CITY OF ALLEN, TEXAS, a Home-Rule Municipal Corporation, CITY OF WYLIE, TEXAS, a Home-Rule Municipal Corporation, and CITY OF MURPHY, TEXAS, a Home-Rule Municipal Corporation, hereinafter referred to as "Cities", to be effective upon approval of the Cities' Councils and subsequent execution of this Contract by the Cities' City Managers or their duly authorized designee. Alcatel-Lucent USA Inc. is the sole source provider of services and products to be provided for a microwave radio system and this purchase is exempt from competitive bid as provided for in V. T.C.A., Local Government Code, Section 252.022(a)(7). For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES The parties agree that Contractor shall perform such services as are further described in the Statement of Work attached hereto and incorporated herein as Exhibit "A". The parties understand and agree that deviations or modifications in the Statement of Work may be authorized from time to time by the Cities, but said authorization must be made in writing and signed by all parties. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Statement of Work (Exhibit "A"); and (b) Tentative Timeline and Milestone Payment Information dated May 13, 2009 (Exhibit "B"); and (c) Total Pricing Summary (Exhibit "C"); and (d) Pricing Summary for the City of Plano, Texas (Exhibit "D"); and (e) Pricing Summary for the City of Allen, Texas (Exhibit "E"); and (f) Pricing Summary for the City of Murphy, Texas (Exhibit "F"); and (g) Pricing Summary for the City of Wylie (Exhibit "G"); and (h) Insurance Requirements (Exhibit "H"); and CONTRACT PAGE 1 N CONTRACTS1Service Agreements\Alcatel-Lucent USA Inc Contract.doc(10/15/09 PM) (i) Insurance Certificate for the City of Plano, Texas (Exhibit "I"); and (j) Insurance Certificate for the City of Allen, Texas (Exhibit "J"); and (k) Insurance Certificate for the City of Murphy, Texas (Exhibit "K"); and (I) Insurance Certificate for the City of Wylie, Texas (Exhibit "L"); and (m) Affidavit of No Prohibited Interest (Exhibit "M"); and (n) Payment and Performance Bonds (Exhibit "N). These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be completed in accordance with the terms set out in the Tentative Timeline and Milestone Payment Information document attached hereto as Exhibit "B" and made a part hereof. III. WARRANTY Alcatel-Lucent warrants to the Cities that, for the applicable warranty period set forth herein, (a) Equipment and Software media purchased hereunder and manufactured by Alcatel-Lucent (including those manufactured for Alcatel-Lucent by a contract manufacturer and based on Alcatel-Lucent's specification), under normal use and service, will be free from defects in material and workmanship; (b) Equipment and Software will materially conform to Alcatel-Lucent's specifications in effect on the date of acceptance; and (c) Services will be performed in a professional and workmanlike manner. However, Alcatel-Lucent makes no warranty that any Software will operate uninterrupted or error free. With respect to Products or partial assembly of Products furnished by Alcatel-Lucent but not manufactured by Alcatel-Lucent, Alcatel-Lucent hereby assigns, to the extent permitted, the warranties given to Alcatel-Lucent by its vendors of such items. The warranty periods applicable to Alcatel-Lucent Equipment and Software are 12 months and 90 days, respectively, other than the Digital Microwave Equipment that has a 36 month warranty. The warranty period for Equipment and Software begins on the date of shipment except if Alcatel-Lucent performs installation Services for any Equipment or Software, in which case the warranty period begins on the date of Acceptance. The warranty period for Services is 30 days from the date of completion. CONTRACT PAGE 2 N:\CONTRACTS1Service Agreerrents)Alcatel-Lucent USA Inc Contract.doc(10/15/09 PM) If any Equipment is not as warranted in this Article, then (a) the Cities shall obtain from Alcatel-Lucent a return authorization number, and return the Equipment at its expense, together with the authorization number and a detailed description of the problem, to Alcatel-Lucent's designated repair facility; and (b) Alcatel-Lucent shall repair or replace the Equipment and return it at Alcatel-Lucent's expense to the Cities' point of shipment. Alcatel-Lucent shall assume the risk of loss or damage to any Equipment returned to Alcatel-Lucent for repair or replacement from receipt thereof until delivery to the Cities' point of shipment. If any Software is not as warranted in this Article, then, upon notice from the Cities, Alcatel-Lucent shall correct the Software by (c) electronic means or (d) delivery to the Cities of suitable media chosen solely by Alcatel-Lucent. If Alcatel-Lucent ascertains that Equipment is not readily returnable for repair, then at its option, Alcatel-Lucent may elect to repair or replace the Equipment at The Cities' site. In such instances, The Cities, at its expense, shall make the Equipment accessible for repair or replacement and shall restore the site after Alcatel- Lucent has completed its repair or replacement. If, Alcatel-Lucent determines that it cannot, in a commercially reasonable manner, (i) repair or replace any Equipment, (ii) correct any Software, or (iii) correct any Services, then Alcatel-Lucent may, in its sole discretion, refund to The Cities the Price of the Product or Services, less a reasonable adjustment for beneficial use. In repairing or replacing any Equipment, part of Equipment, or Software medium under this warranty, Alcatel-Lucent may use new, remanufactured, reconditioned, refurbished, or functionally equivalent Equipment, parts of Equipment, or Software medium. For any Equipment or parts thereof repaired, replaced or corrected under this Article, the warranty period applicable to the Equipment will continue for the longer of (iv) the remainder of the original warranty period or (v) 90 days after the date of shipment of the repaired or replaced Equipment. The warranty period for the corrected Software via fixes and/or patches will be the remaining period of the original warranty period. Notwithstanding any provision of this Agreement to the contrary, Alcatel-Lucent has no obligation to repair or replace any Equipment, correct any Software, or correct any Services if (a) the Product or any Software has been modified, repaired or reworked by anyone other than Alcatel-Lucent; or (b) the defect is the result of (i) any improper storage, handling or use by anyone other than Alcatel-Lucent, (ii) failure to provide a suitable climatic environment, (iii) operator error, (iv) improper installation of Equipment by anyone other than Alcatel-Lucent, (v) use in a manner not in accordance with the Documentation, (vi) failure to implement any new releases or update to the Software, (vii) any use of the Product in conjunction with another non-Alcatel-Lucent product (except to the extent provided in the Documentation), (viii) consumable items, including fuses, light bulbs, motor brushes and the like, (ix) Products which have had their serial numbers or month and year of manufacture removed, altered, defaced, or deleted, or (x) any damage by power failure, fire, explosion or any act of God or other cause beyond Alcatel-Lucent's control. The warranties set forth in this Article are nontransferable. CONTRACT PAGE 3 N:\CONTRACTS1Service Agreements\Alcatel-Lucent USA Inc Contract.doc(10/15/09 PM) Warranty does not include: Alcatel-Lucent assisting in diagnostic efforts; access to Alcatel-Lucent's technical support web sites, databases, or tools; Product integration; on-site assistance; or Documentation updates. These Services are available during and after the warranty period at Alcatel-Lucent's published prices. EXCEPT AS PROVIDED OTHERWISE HEREIN, THE LIMITED WARRANTY SET FORTH IN THIS ARTICLE FOR PRODUCTS AND SERVICES IS THE EXCLUSIVE WARRANTY. ALCATEL-LUCENT DISCLAIMS ALL OTHER WARRANTIES IMPLIED OR STATUTORY INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE REMEDY PROVIDED UNDER THIS SECTION THIS IS THE CITIES'S EXCLUSIVE REMEDY FOR FAILURE OF PRODUCTS OR SERVICES TO CONFORM TO THE WARRANTY. IV. PAYMENT Total compensation for Contractor's work on the Project shall be in an amount not to exceed the sum of ONE MILLION FIVE HUNDRED TWENTY EIGHT THOUSAND THREE HUNDRED TWENTY SIX AND NO/100 DOLLARS ($1,528,326.00) as set out in Exhibit "C". Cities shall be invoiced separately and Cities shall make payments directly to Contractor in the individual amounts as set for each City as follows: Exhibit "D" City of Plano, Texas Exhibit "E" City of Allen, Texas Exhibit"F" City of Murphy, Texas Exhibit "G" City of Wylie, Texas Each City shall only be responsible for the individual charges for their City and shall not be responsible for any charges for another City. All payments for goods and services will be processed within 30 days after the goods are provided, the services completed, or a correct invoice is received, whichever is later, in accordance with the Texas "prompt payment law", Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and Cities herein recognize that the continuation of any contract after the close of any given fiscal year of the Cities, which fiscal year ends on September 30th of each year, shall be subject to Cities' Councils' approval. In the event that any of the City Councils do not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were CONTRACT PAGE 4 N:\CONTR4CTS\Service Agreements\A!catel-Lucent USA Inc Contract.doc(10/15109 PM) appropriated and the party for the City not appropriating funds shall have no further obligations hereunder. V. PAYMENT AND PERFORMANCE BOND In the event this Contract amount exceeds $25,000.00, a Payment bond in the amount of not less than one hundred percent (100%) of the Contract amount, conditioned upon the payment of all persons supplying labor or furnishing materials pursuant to the contract is required upon a form provided by the Cities. In the event this Contract amount exceeds $100,000.00, a Performance Bond in the amount of not less than one hundred and fifteen percent (115%) of the Contract amount, conditioned upon the faithful performance of the Contract, is required upon a form provided by the Cities. The bonds are attached hereto and incorporated herein as Exhibit "N". VI. JOINT PROJECT MANAGER FOR CITIES Cities agree that the City of Plano Radio System Manager shall be the Joint Project Manager for the duration of the project which is the subject of this contract (the Project). The Joint Project Manager shall be the liaison between the Cities and the Contractor and all communication between the Cities and Contractor shall be made by and through the Joint Project Manager. The Joint Project Manager shall be responsible for project management services and technical expertise required to assure completion of the Project. In this capacity, the Joint Project Manager is responsible for the oversight and facilitation of the successful completion of the Project assignments for the Cities as measured against the Statement of Work (Exhibit "A"); and Tentative I Timeline and Milestone Payment Information dated June 18, 2009 (Exhibit "B").. VII. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify Cities for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to section IX. INDEMNIFICATION and section X. COMPLIANCE WITH APPLICABLE LAWS set forth herein. CONTRACT PAGE 5 N:ICONTRACT51Service Agreements1Alcatel-Lucent USA Inc Contract.doc(10/15/09 PM) VIII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. IX. INDEMNIFICATION CONTRACTOR SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD THE CITIES, ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING ATTORNEY'S FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM THE SERVICES PROVIDED BY CONTRACTOR UNDER THIS AGREEMENT OR CAUSED BY THE NEGLIGENT ACT OR OMISSION OR THE INTENTIONAL ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM CONTRACTOR IS LEGALLY RESPONSIBLE (HEREINAFTER "CLAIMS"). CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITIES AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITIES SHALL HAVE THE RIGHT TO SELECT OR TO APPROVE DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITIES, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITIES IN WRITING. CITIES RESERVE THE RIGHT TO PROVIDE A PORTION OR ALL OF THEIR OWN DEFENSE; HOWEVER, CITIES ARE UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITIES IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR'S OBLIGATION TO DEFEND CITIES OR AS A WAIVER OF CONTRACTOR'S OBLIGATION TO INDEMNIFY CITIES PURSUANT TO THIS CONTRACT. CONTRACTOR SHALL RETAIN DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITIES' WRITTEN NOTICE THAT CITIES ARE INVOKING THEIR RIGHT TO INDEMNIFICATION UNDER THIS CONTRACT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITIES SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON THEIR OWN BEHALF, AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITIES. CONTRACT PAGE 6 N:\CONTRACTS\Service AgreementsVAlcatel•Lucent USA Inc Contract.doc(10/15/09 PM) X. INSTALLATION, VERIFICATION AND ACCEPTANCE If Alcatel-Lucent performs installation Services for any Product, then, upon completion of the installation, Alcatel-Lucent shall perform its acceptance tests for the Product in accordance with the Project Specific Statement of Work, Articles 7.5 HOP Acceptance and 8.0 Acceptance Plan. The Cities may witness these verification tests, When Alcatel-Lucent has completed all of its verification tests for any Product to the satisfaction of Alcatel-Lucent and The Cities, then Alcatel-Lucent shall deliver to The Cities an Equipment and Software Verification certificate. Upon receipt of this certificate, (a) the Product shall be deemed to have been accepted by The Cities, and (b) any failure by Alcatel-Lucent to perform the related installation Services in accordance with this Agreement shall be deemed to have been waived. If The Cities undertakes any commercially beneficial use of any Product prior to the completion of Alcatel-Lucent's verification tests, then (a) the Product shall be deemed to have been accepted by The Cities, and (b) the failure by Alcatel-Lucent to perform the related installation Services in accordance with this Agreement shall be deemed to have been waived. If Alcatel-Lucent does not perform installation Services for any Product, then the Product shall be deemed to have been accepted by The Cities when the related risk of loss or damage passes to The Cities under this Agreement. Documentation shall be deemed to have been accepted by The Cities when the related risk of loss or damage passes to The Cities under this Agreement. Xl. SOFTWARE Upon delivery of any Software, Alcatel-Lucent grants to The Cities, and The Cities accepts, a nonexclusive, nontransferable license to use the portions of the Software (including any methods or concepts utilized therein) for which activation has been authorized by Alcatel-Lucent, solely on or with a single unit or arrangement of Equipment for which the Software was delivered. The Cities may make one copy of any Software for backup and archival purposes if the copy contains all of the Alcatel-Lucent proprietary notices contained in the original Software. All copies of all Software shall be Confidential Information. If Alcatel-Lucent modifies, updates or replaces any Software, • or if The Cities discontinues the use of any Product, then, within 30 days thereafter, The Cities shall deliver to Alcatel-Lucent, or certify in writing to Alcatel-Lucent the destruction of, all Software superseded or discontinued as a result thereof. CONTRACT PAGE 7 N:\CONTRACTS\Service Agreernents)AlcatelkLucent USA Inc Contract.doc(10/15/09 PM) XII. CONFIDENTIAL INFORMATION Notwithstanding anything provisions contained in this section, The Cities may disclose Confidential Information in accordance with applicable law. If Alcatel-Lucent delivers to The Cities any information or data marked or identified as confidential or proprietary ("Confidential Information") including software, then The Cities shall not (a) disclose or otherwise make available the Confidential Information to any third party (except that The Cities may disclose the Confidential Information to Alcatel-Lucent to the extent that they have a need to know the Confidential Information in connection with the operation and/or maintenance of any Product for The Cities, provided, however, that prior to the disclosure, the Alcatel- Lucent has agreed in writing to treat the Confidential Information as confidential in accordance with the terms and conditions the Cities' herein), (b) modify, copy, transmit, alter, merge, decompile, disassemble, reverse engineer or adapt any portion of the Confidential Information (except to the extent otherwise expressly permitted by this Agreement) or (c) use the Confidential Information for any purpose except to operate and maintain any Product. Subject to notification requirements specified in applicable Public Records or Public Meetings laws, The Cities further agrees that Alcatel-Lucent will be provided with Notice, in the event that release of this Agreement or any Confidential Information has been requested, If a public disclosure of Confidential Information is requested. The Cities shall notify Alcatel-Lucent in writing of such request. Alcatel-Lucent may seek a protective order, at its own expense and in a court of competent jurisdiction. The Cities will reasonably cooperate with Alcatel in such action, but is under no obligation to obtain or seek any court protection. The rights and obligations of The Cities under this Article shall survive the expiration of the term or sooner termination of this Agreement. XIII. EXPORT CONTROL The parties agree that each shall not export, re-export or release technology, including confidential information, software object and/or source code, (collectively, "Controlled Technology") which may be subject to either the U.S. Export Administration Regulations (the "EAR") or the Canadian Export and Import Permits Act ("CEIPA"), either directly or indirectly, unless the exporting or re-exporting party has first obtained any required licenses which may be required under the EAR and/or the CEIPA. The parties further agree that each shall not export or re-export either directly or indirectly Controlled Technology under the license exception "TSR" as defined in Part CONTRACT PAGE8 N:ICONTRACTS1Service Agreernents'A!catel-Lucent USA Inc Contract.doc(10/15/09 PM) 740 of the EAR to third parties or nationals shown in Supplement 1 of Part 740 who are members of or associated with either Country Group D:1 or Country Group E:2, as amended. Each party shall be solely responsible for obtaining the appropriate licenses required under the EAR and/or the CEIPA. XIV. DELIVERY AND RISK OF LOSS Care, custody and control of and risk of loss with respect to the project including responsibility for products and services associated with the scope of work shall remain solely with the Contractor until final acceptance of the project by the Cities. XV. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless Cities against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify Cities in writing. XVI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of Cities, and that no part or feature of the work will be sublet to anyone objectionable to Cities. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to Cities as provided by this Contract. XVII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of Cities; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between Cities and Contractor, its officers, agents, employees, contractors, subcontractors and CONTRACT PAGE 9 N:\CONTRACTS\Service AgreemenlsWcatel-Lucent USA Inc Cont act.doc(10/15/09 PM) consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between Cities and Contractor. XVIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract for the benefit of each of the Cities (naming each City and its officers, agents and employees as additional insureds) insurance coverage as set forth in the Insurance Requirements marked Exhibit "H" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate for each City verifying that the Contractor has obtained the required insurance coverage for each City prior to the effective date of this Contract. Insurance Certificates for each City are attached as follows: Exhibit "I" City of Plano, Texas Exhibit "J" City of Allen, Texas Exhibit "K" City of Murphy, Texas Exhibit "L" City of Wylie, Texas XIX. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XX. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, each City's Charter, and each City's Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest required by the City of Plano, as attached and incorporated herein as Exhibit "M". XXI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, CONTRACT PAGE 10 N:CONTRACTs\Service Agreements\Alcatel-Lucent USA Inc ContractAoc(10I15/C9 PM) upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XXII. TERMINATION Cities, collectively, may, at their option, with or without cause, and without penalty or prejudice to any other remedy they may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. Unilateral termination by any individual city is prohibited. XXIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XXIV. CONTRACT INTERPRETATION Although this Contract is drafted by Cities, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XXV. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXVI. NOTICES Unless notified otherwise in writing, all notices, including notice of disputes, claims and controversies, are required to be given to the parties in writing and delivered CONTRACT PAGE 11 NI:\CONTRACTS\Service Agreements\Alcatel-Lucent USA Inc Contract.doc(10(15/09 PM) in person or sent via certified mail to the other parties at the following respective • addresses: Plano Representative: CITY OF PLANO Director of Public Safety Communications 1520 K Avenue, Suite 010 Plano Texas 75074 (972) 941-7930 Allen Representative: CITY OF ALLEN I.T. Director 305 Century Parkway Allen, Texas 75013 Phone No. (214) 509-4851 Wylie Representative: CITY OF WYLIE Fire Chief 2000 N. Hwy. 78 North Wylie, Texas 75098 Phone No. (972) 442-8111 Murphy Representative: CITY OF MURPHY City Manager 206 N. Murphy Road Murphy, Texas 75094 Phone No. (972) 468-4007 Alcatel Representative: ALCATEL-LUCENT USA, INC. Senior Contracts Manager 3400 W. Plano Parkway Plano, Texas 75075 Phone No. (972) 477-0332 XXVII. IMMUNITY In the execution of this Agreement, none of the Cities waive, nor shall be deemed hereby to have waived any immunity or any legal or equitable defense otherwise available against claims arising in the exercise of governmental powers and CONTRACT PAGE 12 N:ICONTRACTS\Service Agreements1Alcatel-Lucent USA Inc Contrect.doc(10/15/09 PM) functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement does not create any rights in parties who are not signatories to this Agreement. XXVIII. DISPUTE RESOLUTION In the event of a dispute regarding any aspect of this Agreement, the parties shall refer the dispute to outside non-binding mediation for resolution prior to engaging in litigation. All parties shall share equally in the cost of a certified mediator and each party shall be responsible for their own attorney fees. Disputes among the Cities that are independent of any dispute with the Contractor shall be resolved according to the terms and provisions of the interlocal agreement passed by resolution and adopted by each of the Cities titled: AGREEMENT BETWEEN THE CITY OF PLANO, TEXAS, AND THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY, TEXAS FOR JOINT RADIO COMMUNICATIONS SYSTEM XXIX. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXX. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Collin County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court. XXXI. COUNTERPARTS This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. CONTRACT PAGE 13 N:ICONTRACTStService Agreernents\Alcatel-Lucent USA Inc Contract.doc(10/15/09 PM) XXXII. EXHIBITS Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. XXXIII. SURVIVAL OF COVENANTS I 1 Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. IN WITNESS WHEREOF, the parties have executed this Contract by signing below. ALCATEL-LUCENT USA INC., a Delaware corporation DATE: By: Name: Title: Address: CITY OF PLANO, TEXAS DATE: By: Thomas H. Muehlenbeck CITY MANAGER Address: P. O. Box 860358 Plano, TX 75086-0358 APPROVED AS TO FORM: Diane C. Wetherbee, City Attorney CONTRACT PAGE14 N:CCONTRACTS\Service AgreernentstAlcatel-Lucent USA Inc Contract.doc(10/15/09 PM) CITY OF ALLEN, TEXAS DATE: By: Peter H. Vargas City Manager 305 Century Parkway Allen, Texas 75013 APPROVED AS TO FORM: Peter G. Smith, City Attorney CITY OF WYLIE, TEXAS DATE: By: Mindy Manson CITY MANAGER Address: 2000 N. Hwy 78 Wylie, TX 75098 APPROVED AS TO FORM: Courtney A. Kuykendall, City Attorney CONTRACT PAGE 15 N:\CONTRACTS\Service Agreements'AJcatei-Lucent USA Inc Contract.doc(10/15/09 PM) CITY OF MURPHY, TEXAS DATE: By: James Fisher CITY MANAGER 206 N. Murphy Road Murphy, TX 75094 APPROVED AS TO FORM: Ben Wyse, City Attorney ACKNOWLEDGMENTS STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of , 2009, by of ALCATEL- LUCENT USA INC., a Delaware corporation, on behalf of said corporation. Notary Public, State of CONTRACT PAGE 16 N:\CONTRACTS\Service Agreement&Alcatel-Lucent USA Inc Contract.doc(10/15/09 PM) STATE OF TEXAS § �, COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2009, by THOMAS H. MUEHLENBECK, City Manager, of the CITY OF PLANO, TEXAS, a Home-Rule Municipal Corporation, on behalf of said municipal corporation. Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF COLLIN This instrument was acknowledged before me on the day of , 2009, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a Home-Rule Municipal Corporation, on behalf of said municipal corporation. Notary Public, State of Texas { STATE OF TEXAS § p COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2009, by MINDY MANSON, City Manager of the CITY OF WYLIE, TEXAS, a Home-Rule Municipal Corporation, on behalf of said municipal corporation. Notary Public, State of Texas CONTRACT PAGE 17 N:\CONTRACTS\Service Agreements AJcalel-Lucent USA Inc Contract.tloc(10/15/09 PM) STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2009, by JAMES FISHER, City Manager of the CITY OF MURPHY, TEXAS, Home-Rule Municipal Corporation, on behalf of said municipal corporation. Notary Public, State of Texas CONTRACT PAGE 18 N:\CONTRACTS1Service AgreementslAicatel-lucent USA Inc Contract.doc(10/15109 PM) Alcatel•Lucent PROJECT SPECIFIC STATEMENT OF WORK (SOW) FOR CITIES OF PLANO, ALLEN, WYLIE & MURPHY TEXAS MICROWAVE RADIO SYSTEM Alcatel-Lucent Bid Ref. No.: D115914C Dated: 06/18/2009 Prepared by: Alcatel-Lucent USA Inc. Russell Pletzer/ Customer Applications Engineer Wireless Transmission Division Alcatel-Lucent USA Inc. EXHIBIT PAGE t OF 1 Alcatel-Lucent CO STATEMENT OF WORK FOR PAWM Table of Contents INTRODUCTION 1 1. GENERAL 1 2. EQUIPMENT WARRANTY & POST INSTALLATION SUPPORT 2 3. SCOPE OF WORK 3 3.1 GENERAL - 3 3.2 MICROWAVE NETWORK DESIGN SUMMARY 3 3.3 LIMITATIONS OF ALCATEL-LUCENT SOW 3 4. TRANSMISSION ENGINEERING SERVICES 4 4.1 FEASIBILITY STUDIES 4 4.2 PATH SURVEYS 4 4.3 PATH DESIGN 5 4.4 FREQUENCY PLANNING 6 5 PROJECT SERVICES 6 5.1 PROGRAM MANAGEMENT 6 5.2 NETWORK ENGINEERING &SYSTEM DESIGN 7 5.3 IMPLEMENTATION PROJECT MANAGER 7 5.4 SITE SURVEYS 7 5.5 GENERAL PROJECT RESPONSIBILITIES 8 6 BUILDING AND OUTSIDE PLANT 6 6.1 CIVIL WORK 8 6.2 TOWERS 9 6.3 SHELTERS&FACILITIES 9 7 INSTALLATION SERVICES 9 7.1 ANTENNA&WAVEGUIDE SYSTEMS INSTALLATION 9 7.2 RADIO INSTALLATION 10 7.3 ANCILLARY EQUIPMENT 10 7.4 NETWORK MANAGEMENT SYSTEM COMMISSIONING 11 7.5 HOP ACCEPTANCE TESTS 11 8 SYSTEM ACCEPTANCE PROCEDURES 11 9 SYSTEM TRAFFIC CUT-OVER 12 10 EQUIPMENT REMOVAL 12 Exhibit A Equipment List & Services Exhibit B Project Completion Notice Alcatel-Lucent Confidential I 06/18/09 EXHIBIT A PAGE r), OF IC Alcatel•Lucent 0 SOW for PAWM Introduction This Statement of Work(this"SOW")outlines the Services to be performed by Alcatel-Lucent USA inc. ("Alcatel-Lucent")in support of the Microwave Radio System (the"Project"). This SOW and any Purchase Order issued In connection herewith shall be governed by the terms and conditions of the Contract with the cities of Plano,Allen, Wylie and Murphy,Texas, (collectively known as"PAWM")and this SOW which Is hereby made a part of the Agreement. If Project changes occur, or If other circumstances arise that require modification of the Equipment to be delivered under the Agreement and/or the Services to be performed under the Agreement,then Alcatel-Lucent and PAWM shall negotiate in good faith to modify the Services contemplated by this SOW. This SOW applies only to installation Services and Products to be provided by Alcatel-Lucent. 1. General 1.1 Alcatel-Lucent will not be obligated to perform any addition, deletion, or change to the Installation and Test Scope of Work that has a cost impact unless the addition, deletion or change has been documented in writing and signed by Alcatel-Lucent and PAWM. 1.2 Alcatel-Lucent and PAWM will document in a Job Information Memorandum any delays or lost time due to lack of coordination between PAWM and Its contractors, other interfacing companies or facilities that Impair Alcatel-Lucent's efforts as soon as the delays or lost time occur or are anticipated to occur.Alcatel-Lucent will take reasonable efforts to minimize the impact of the delays and lost time to the overall Project schedule. 1,3 PAWM will ensure that Its engineering, craft-level and/or supervisory personnel will be available at mutually acceptable times to establish critical or working circuit cut-ovens and/or other PAWM connections. PAWM will also make available authorized personnel to sign Method of Procedures (MOP), Job Information Memorandums(JIM)and Project I Completion Notices (PCN). 1.4 Reserved 1.5 If Alcatel-Lucent Is required to utilize a labor force other than the labor force intended by Alcatel-Lucent, PAWM will reimburse Alcatel-Lucent for any additional labor costs and delays. '.... 1,6 PAWM will make available to Alcatel-Lucent spare modules held by PAWM for use by Alcatel-Lucent during the initial alignment of Installed or retrofitted Equipment. Alcatel- Lucent will bear the cost of repair including transportation charges for any failed module during initial Acceptance testing. 1.7 Alcatel-Lucent's quote anticipates the use of industry standard materials and performance of the work during normal Alcatel-Lucent business hours("Business Hours"), which are between 8:00 a.m. and 6:00 p.m. CT at the Job site on Alcatel- Lucent's standard business days("Business Days"). Business Days consist of 10 hours per day, Monday through Saturday excluding all Alcatel-Lucent observed holidays. if PAWM requires that Alcatel-Lucent use other materials or perform work at other times, then PAWM will reimburse Alcatel-Lucent for any additional costs. Alcatel-Lucent Confidential 1 06/18/09 EXHIBIT " PAGE 3 Of Alcatel-Lucent 0 SOW for PAWM 2. Equipment Warranty & Post Installation Support 2.1 When formal path surveys are completed by Alcatel-Lucent,Alcatel-Lucent warrants, for a period of 12 months from the date of Acceptance, that Alcatel-Lucent's recommended radio paths conform to PAWM's availability requirement for normal atmospheric multipath fading set forth in the following design criteria: Design Criteria Value' Example Availability Objective 99.9999% 1-way or 2-way Objective 2-way Bit Error Rate at Threshold 10-6 BER Alcatel-Lucent warrants its MDR-8000 products for a period of 24 months from Acceptance when installed by Alcatel-Lucent, that radio Equipment will be free from defects in materials and workmanship and perform in accordance with its specifications, All other Alcatel-Lucent manufactured Equipment carries a warranty for a period of 12 months from Acceptance. If Alcatel-Lucent does not perform the installation work, the applicable warranty period commences on the date of shipment from Alcatel-Lucent. OEM equipment and software("OEM Product")warranties will be provided directly from the manufacturer of the OEM Product. 2.2 During the warranty period, Alcatel-Lucent will repair or replace any Alcatel-Lucent Product that does not substantially conform to Product specifications. PAWM is responsible for obtaining a Return Material Authorization (RMA)number from Alcatel- Lucent and ship the unit to the Alcatel-Lucent repair facility In Longview,Texas. Alcatel- Lucent will return the unit to PAWM at Alcatel-Lucent's cost as promptly as practicable. Typical turn around time is twenty-one (21)Alcatel-Lucent Business Days from the time of receipt. Advance Replacement and Emergency Replacement Services are available only for an additional charge at Alcatel-Lucent's then-current rates. 2,3 During the applicable warranty or post-warranty maintenance period,Alcatel-Lucent will provide Customer Technical Assistance Center(CTAC)remote support in accordance with then current Alcatel-Lucent policies. • Alcatel-Lucent will use its reasonable commercial efforts to provide effective telephone assistance which results in timely answers to technical questions Involving applications, operations and maintenance of Alcatel-Lucent radio Equipment. This involves defining, isolating and reproducing system problems. All calls to Alcatel- Lucent CTAC are logged and tracked. • Access to Alcatel-Lucent CTAC Is available by phone at 1-888-252-2832 or 972-519-4141 or by email at ml-tac.supoort(Alcatel-Lucent.com. 2.4 Alcatel-Lucent CTAC can provide on-Site assistance for operations and maintenance issues that cannot be resolved effectively by telephone. This service Is available only for an additional charge. 2.5 Alcatel-Lucent CTAC can provide database support by addressing additions to and maintenance of PAWM's database.This includes collection of any network information required to allow the Product to perform its specified functions.This service is available only for an additional charge. Alcatel-Lucent Confidential 2 06118/09 EXHIBIT PAGE - OF Alcatel•Lucent SOW for PAWM 2.6 Alcatel-Lucent provides factory repair Services for all Alcatel-Lucent manufactured Equipment. These Services are available during the applicable warranty period (and the applicable post-warranty period if PAWM has purchased post-warranty services)through Alcatel-Lucent's Repair and Return (R&R)department.Access to the R&R department is available by calling 1-888-252-2832. 2.7 Alcatel-Lucent offers PAWM the resources of fully staffed Technical Training Centers to provide initial and ongoing Product training. Skilled, qualified Instructors offer hands-on experience in the use of every Alcatel-Lucent Product group that goes beyond textbook learning. This service is available only for an additional charge. Alcatel-Lucent will quote training prices upon PAWM's request. 3. Scope of Work 3.1 General 3.1.1 The Alcatel-Lucent proposal to PAWM In support of this Project includes the Equipment and Services itemized In Exhibit A.The services contemplated under this SOW will be performed In accordance with generally accepted industry standards. 3.1.2 Alcatel-Lucent will assign to this Project the following personnel, with responsibilities listed In section 3 of this SOW: • The Program Manager(PM):The PM is the Alcatel-Lucent individual responsible for the day-to-day activities required to ensure successful deployment and completion of the Project. The PM will maintain control of the Project and has access to those resources required for successful completion of the work, The PM is PAWM's primary point of contact during the performance of the work. • The Network Engineer(NE):The NE is the Alcatel-Lucent Individual responsible for the Project's adherence to good engineering practice, responsiveness to PAWM's technical requirements and requests, and compliance with Alcatel-Lucent's engineering standards. • The Alcatel-Lucent Implementation Project Manager(IPM): The IPM is the individual responsible for the day-to-day activities required to ensure successful installation and commissioning of the Equipment. The IPM has resources at his disposal to complete I the Project on time and within PAWM's expectations. 3.2 Microwave Network Design Summary The table found in Exhibit A, lists the Products to be supplied by Alcatel-Lucent and a general description of the microwave network including the number of sites, radio type, and antenna types. This SOW is subject to review and revision pending the outcome of path surveys,site inspections and final engineering design, 3.3 Limitations of Alcatel-Lucent SOW Alcatel-Lucent is not responsible for the condition of PAWM's existing equipment or the deficiencies of non-Alcatel-Lucent work related items, If the Project requires equipment and services in addition to the Equipment and Services provided by Alcatel-Lucent, then PAWM bears the sole responsibility of acquiring that equipment and those services. Alcatel-Lucent Confidential 3 0611e ALIT PAGE 6' OF Alcatel-Lucent SOW for PAWM 4. Transmission Engineering Services Alcatel-Lucent and PAWM will undertake the responsibilities assigned to them, respectively,in this Section 4. A Alcatel-Lucent Responsibility C Customer Responsibility N/A Not Applicable 4.1 Feasibility Studies 4.1.1 Feasibility studies are prepared using preliminary and unverified information provided by PAWM or other sources. Feasibility studies are prepared by Alcatel-Lucent In order to form the baseline Equipment and radio frequency system design and budgetary estimates. Feasibility studies include the following responsibilities: A C N/A • Providing system topology maps X • Providing preliminary path profiles, path calculations and availability X calculations • Providing a technical report summarizing system design considerations and X Equipment requirements 4.1.2 Alcatel-Lucent requires the following information from the Customer/ subcontractor to perform feasibility studies: • Latitude and Longitude of the proposed microwave sites X • Datum of the site coordinates if known(NAD27 or NAD83) X _ • Existing tower heights if known X • Ground Elevation of the sites if known I X 4.1.3 Feasibility studies provide preliminary assumptions and are not intended to be final designs.The Customer/subcontractor will assume all risks associated with installing any Equipment based on a feasibility study. 4.2 Path Surveys 4.2.1 Formal microwave path surveys are conducted to determine or verify site coordinates,ground elevation,on-path obstructions(location and height),tower information,and other parameters required to engineer the final design of a radio link. The present and anticipated future effect of on-path obstructions, such as tree growth,is evaluated and incorporated into the path design where applicable.Microwave path surveys include the following responsibilities: A C N/A • Provide documents relating to previous path calculations and frequency X coordination • Provide information to surveyors to locate the proposed microwave sites X • Arrange surveyor access to the proposed microwave sites X • Verify site elevations above sea level X • Verify site longitude and latitude X I • Provide existing tower description and Information X • Provide general survey observations, comments and site photographs X • Provide site layouts including towers with antennas at proposed center lines X Alcatel-Lucent Confidential 4 0° ie'r tAT PAGE Alcatel-Lucent CO SOW for PAWM 4.2.2 Alcatel-Lucent geodetic coordinates will be accurate to within 1-second of latitude and 1-second of longitude. Ground elevations are accurate to within 5- feet and that on-path obstructions at critical points are identified and present heights are accurate to within 5-feet. 4.3 Path Design 4.3.1 When conducted by Alcatel-Lucent,path design Services are based on formal field survey data gathered under task 4.2. Path designs are considered final. The Project can move to the implementation stage based on the recommendations within the final design report. Path design Services include the following responsibilities: A C N/A • Select frequency band and capacity requirements for each path; X • Determine antenna centerline heights based on Alcatel-Lucent's path X clearance criteria • Design paths to protect against ground-based reflections X • Select radio types,antenna sizes and types,power output,and protection X scheme required to meet Customer/subcontractor availability and capacity requirements • Calculate path availability using industry accepted models for predicting X outages and countermeasure improvements associated with normal atmospheric multi-path fading,up-fading,rain fading and obstruction fading • Submit a final path design report,including system maps,path profiles and X availability calculations 4.3.3 In addition to warranty exclusions set forth in the Agreement,Alcatel-Lucent is not responsible for excessive outages or degraded performance due to abnormal fading conditions that include, but are not limited to: • Formation of extreme radio refractivity gradients associated with: .,• • Exceptionally large temperature inversions • Abnormal temperature/humidity layers • Fog formation • Signal trapping caused by surface or atmospheric ducting • Reflections from unidentifiable off-path terrain features or physical structures • Rain fading due to rainfall rates that are In excess of the published rates or charts used to predict rain Induced outages If Alcatel-Lucent suspect's abnormal propagation conditions are causing degraded system performance,Alcatel-Lucent will reasonably assist PAWM with verifying the conditions leading to the degraded system performance. After the problem is identified,Alcatel-Lucent will support PAWM in identifying possible solutions to the problem, and assess the incremental improvement expected from corrective actions. Implementation of corrective action required to remedy this type of problem shall be the sole responsibility of PAWM. The stated rain model applies for systems that are eight(8)gigahertz and higher. PAWM may request a copy of Alcatel-Lucent's path design model. Alcatel-Lucent Confidential 5 "War PAGE 7 OF Alcatel•Lucent I0 SOW for PAWM 4.4 Frequency Planning 4.4.1 Frequency planning Services include frequency selection, prior coordination, Interference case resolution, and FCC license application documentation preparation. Interference studies will be conducted utilizing Industry accepted methods, hardware, and software to build a database that is as accurate as possible at the time of the study. Frequency planning Services include the following responsibilities: A C N/A • Complete frequency selection and provide frequency coordination data X sheets • Complete the Prior Coordination Notice and associated Supplemental X Showing documents under FCC Part 101.103(d)rules • Complete the FCC 601 license application X • File the license application with the FCC X • Payment of FCC license fees X 4.4.2 In the event harmful frequency Interference Is detected during the Acceptance Testing of a radio system and Alcatel-Lucent provided the frequency planning Services,Alcatel•Lucent's total responsibility for correcting the problem is limited to selecting new frequencies. 4.4.3 If harmful interference occurs after the radio system has been installed and accepted,corrective action Is the sole responsibility of PAWM. 5 Project Services Alcatel-Lucent and PAWM will undertake the responsibilities assigned to them, respectively, in this Section 5. A Alcatel-Lucent Responsibility C Customer Responsibility N/A Not Applicable 5.1 Program Management 5.1.1 Alcatel-Lucent's PM responsibilities include: A C ' N/A • Preparing, updating and monitoring Project schedules X • Complying with the terms and conditions of the contract and Purchase X X Order • Maintaining positive Customer/subcontractor focus during the deployment X stage of the Project and Into the post deployment phase Alcatel-Lucent Confidential 6 06nMbl1 A PAGE OF !S Alcatel-Lucent co SOW for PAWM 5.2 Network Engineering &System Design 5.2.1 Alcatel-Lucent's NE responsibilities include: A C N/A • Providing system designs that meet PAWM's specifications and X requirements. Defining demarcation points for Alcatel-Lucent related work • Defining technical requirements and interfaces of outside vendor purchased X items • Designing and engineering a channel plan X X • Providing functional system and station diagrams X • Providing a bill of materials for the Project X • Developing manufacturing systems test, Integration and field test X X requirements to ensure the system operates as per the design intent • Providing systems and network engineering support during Equipment X manufacturing and field deployment phases of the Project 5.3 Implementation Project Manager 5.3.1 Alcatel-Lucent's IPM responsibilities include: A C N/A • Site acquisition X • Civil engineering for Equipment shelters and towers X • Antenna systems and other OEM Equipment procurement X • Radio system installation X • Antenna system installation X • Radio and antenna system test and commissioning X • Building and tower modifications to accommodate new Equipment(if X and when required) • Installation of ancillary Equipment X 5.3.1.1 Coordinating the site surveys required to finalize the scope of work related to X X the specific Project, 5.4 Site Surveys A C N/A 5.4.1 Review tower structural analysis design information against proposed antenna X X system design to determine fitness of tower for purpose. 5.42 Determine and document locations for new Equipment at each site. X 5.4.3 Determine, measure,and document DC power interface locations and cable X routes. 5.4.4 Determine and measure and document DS1/DS3/0C3 interface locations and X cable routes. 5.4.5 Complete facility drawings,floor plans,cable running sheets and wall elevations X X relative to the new Equipment. 5.4.6 Provide and engineer assignments for alarm and control. X 5.4.7 Engineer and document fuse and breaker types, sizes and assignments. X 5.4.8 Complete outside plant general survey and document. X 5.4.9 Prepare Customer/subcontractor Survey documentation and Installation X X Specification. Alcatel-Lucent Confidential 7 0611�JpjBIT� _ PAGE F 15- Alcatel•Lucent SOW for PAWM • 5.5 General Project Responsibilities A C N/A 5.5.1 Obtain building permits and construction licenses required for the X Implementation of this Project. Notices will be posted at the applicable sites prior to the commencement of work. 5.5.2 Provide Alcatel-Lucent access to the installation sites on an as needed basis, X Work will be performed by Alcatel-Lucent and/or subcontracted personnel at Alcatel-Lucent's sole discretion. 5.5.3 Provide storage& staging warehouse for radio Equipment and associated X Equipment. 5.5.4 Provide normal road conditions accessible by standard construction vehicles to X I the installation sites. i 5.5.5 Special Equipment for installation Is not Included (i.e. cranes, helicopters, boom X trucks etc.). Usage of this Equipment will be at additional cost to Customer/ subcontractor and documented through a Job Information Memorandum prior to commencement of work. 6 Building and Outside Plant Alcatel-Lucent and Customer/subcontractor will undertake the responsibilities assigned to them, respectively, in this Section 6. A Alcatel-Lucent Responsibility C Customer Responsibility N/A Not Applicable 6.1 Civil Work A C N/A 6.1.1 Provide as built documentation including plot plans and architectural blueprints X for towers and shelters. 6.1.2 Provide structural analysis report on existing towers or facilities to ensure they X are structurally sound to accommodate new radio and antenna Equipment. 6.1.3 Provide survey documentation with proposed tower locations, property X boundaries,true north, landscape details, fences and other details necessary for new towers. 6.1.4 Provide soil analysis report and foundation design for new towers and shelters. X 6.1.5 Provide foundation design and tower design drawings and other technical data. X 6.1.6 Complete necessary documentation (formal survey&2C letter)for FCC and X FM filing for approval and obtaining building permits. • Alcatel-Lucent Confidential 6 06/181 EXHIBIT PAGE• /0 OF.1 Alcatel-Lucent 0 SOW for PAWM 6.2 Towers A C N/A 6.2.1 Construct or modify tower in accordance with approved final design and the X applicable version of EIANTIA RS-222,including painting,tower lights,safety climb ladders and lightening rods. 6.2.2 Provide and connect adequate earth ground in accordance with final design and X the applicable version of EIA/TIA RS-222. 6.2.3 Provide antenna and waveguide support systems including waveguide ladder, X waveguide bridge,ice shields,and ground bus bars. 6.2.4 Provide and install footing hardware and building modifications required to X accommodate tripod or antenna mount on building rooftop or side wall if applicable. 6.3 Shelters & Facilities A C NIA 6.3.1 Facilities will have adequate space, heating and air conditioning to meet the X'. operational requirements of new Equipment proposed herein. 6.3.2 Provide 220 VAC power to the DC system. X 6.3.3 Provide appropriate fuse and circuit breaker assignments. 6.3.4 Provide a power distribution Interface within 30 feet of the proposed Equipment X location. 6.3.5 Provide attachment for station ground within the maximum distance of fifteen X (15)feet of the proposed Equipment location. Existing facility grounding is a single point configuration. 6.3.6 Provide and install AC/DC rectifiers and battery back up systems if required. X 6.3.7 Provide a ground ring or plate as recommended by local practices. X T Installation Services Alcatel-Lucent and Customer/subcontractor will undertake the responsibilities assigned to them, respectively, in this Section 7. A Alcatel-Lucent Responsibility C Customer Responsibility N/A Not Applicable 7.1 Antenna &Waveguide Systems Installation A C N/A I 7.1.1 Antennas,waveguide and mounting Equipment delivered to site and inventoried. X 7.1.2 Assemble antennas,rig towers and de-rig towers upon completion. X 7.1.3 Provide and install standard leg pipe mounts, X 7.1.4 Provide and install steel support members for side braces as required. X 7.1.5 Penetrate building wall or roof for waveguide entry ports and install entry plates X as required. Install waveguide boot. _ 7.1.6 Install antennas and radomes at specified center lines. X 7.1.7 Cap the unused polarity of a dual pole antenna with a termination load. X Alcatel-Lucent Confidential 9 06/1%g IBIT i PAGE // OF /5 Alcatel-Lucent tai SOW for PAWM A C N/A 7.1.8 Install waveguide runs, hanger kits and ground kits in accordance with X manufacturer's specifications. 7.1.9 Terminate waveguide runs within three feet of proposed radio location. X 7.1.10 Perform antenna and waveguide sweep tests to confirm compliance with , X manufacturer's specifications. 7.1.11 Install pressurization system Equipment and calibrate. X 7.1.12 Perform antenna alignment. Performance objectives of path will be set to X performance calculation sheets. 7.2 Radio Installation A C N/A 7.2.1 Radio and ancillary Equipment delivered to site and Inventoried. Uncrate radio X and locate In general vicinity of final Equipment location. 7.2.2 Install new radio In existing rack or install new radio in new rack. Bolt rack to X floor and install rack top support. 7.2.3 Complete power connections at radio location and circuit breaker within 50 feet X of radio locations. 7.2.4 Complete radio ground connection to station ground ring or bus bar within 50 X feet of radio location. 7.2.5 Complete radio/waveguide interface connection. X 7.2.6 Install DS1 cabling between radio and Customer Demark(Program X Office/Customer/subcontractor to define demarcation point and other points In between) 7.2.7 Install DS3 cabling between radio and xxx.(Program Office/Customer/ X ! subcontractor to define demarcation point and other points In between) 7.2.8 Install fiber optic cabling and fiber management trays as necessary. j X 7.2.9 Complete alarm, orderwire and ELMC and repeater cabling If required. X 7.2.10 Power on radio,warm up and provision. 7.2.11 Conduct the following tests in accordance with the Instructions contained in the applicable radio instruction books: _ a. Transmit crystal oscillator frequency check and record. , X� b. DS3 line and radio DADE. X c. Measure and record transmit power. X d. _Measure and record actual RSL at radio. X e. Record receiver fade margin (applicable only to paths designed by Alcatel- X Lucent). 7.3 Ancillary Equipment A C N/A 7.3.1 Install and test Sonet MUX. X 7.3.2 Install and test M-13 MUX. X 7.3.3 install and test DSX-X cross connect panels. X 7.3.4 Run major,minor and critical alarms for non-radio Equipment. X 7.3.5 Complete rigid waveguide run from entry port to radio location. X 7.3.6 Verify proper functioning of alarms at alarm center. X Alcatel-Lucent Confidential 10 o6/9,g)pglT PAGE / , OF / Alcatel.Lucent CO SOW for PAWM 7.4 Network Management System Commissioning A C N/A 7.4,1 Install TSM management system hardware& computers. X 7.4.2 Develop database and GUI Interfaces for TSM management system. X 7.4.3 Update database with specific network node Information. X 7.5 Hop Acceptance Tests A C N/A 7.5,1 Conduct over the hop one way Bit Error Rate Test(BERT)for 4 HOUR per ' X transmitter. 7.5.2 Record USI readings and complete test documentation, X 7,5.3 Submit end to end system test documentation for Customer/ subcontractor X review and Acceptance. 8 System Acceptance Procedures 8.1 Alcatel-Lucent will notify PAWM of work completion and when system Is ready for PAWM' Acceptance. 8.2 Alcatel-Lucent will complete a site walk through with PAWM to Inspect the Installation work. A punch list of reasonable deficiencies will be prepared and agreed to by both Alcatel-lucent and PAWM. Punch list items affecting Customer/subcontractor traffic will be listed as critical. 8.3 Within reasonable time frames Alcatel-Lucent will work to clear the punch list items concentrating on critical items first. 8.4 If deemed necessary by PAWM or Alcatel-Lucent, a final walk through will be completed to verify completion of the punch list items. 8.5 Alcatel-Lucent will generate a PCN Including the results of Equipment tests and end to end system tests. PAWM will sign PCN acknowledging completion and system Acceptance. 8.6 For Alcatel-Lucent Installed Products, Acceptance will occur on a per hop basis no later than five Business Days from the date Alcatel-Lucent completes Services. For Products not installed by Alcatel-Lucent, Acceptance will occur upon shipment. For avoidance of doubt,Alcatel-Lucent will provide invoices for the Services upon completion of Services at each site. 8.7 Final System Acceptance occurs when all of the following items have been completed: • PAWM has taken beneficial use of system • Installation, test and turn-up of Equipment is complete at all contracted sites • Tests have been completed and test data provided to PAWM;or • Traffic affecting punch list items have been reasonably addressed 8.8 A final Invoice for Services will be prepared and submitted to PAWM for payment once System Acceptance is achieved. 8.9 The Project Completion Notice will be signed by PAWM and Alcatel-Lucent upon Acceptance, refer to Exhibit B for a sample. A C N/A 8,10 Provide as built drawings and system documentation. X X Alcatel-Lucent Confidential 11 O6/0 an. PAGE / 3 OF /j Alcatel-Lucent sow for PAWM 9 System Traffic Cut-over Alcatel-Lucent and PAWM will undertake the responsibilities assigned to them, respectively,in this Section 9. A Alcatel-Lucent Responsibility C Customer Responsibility NIA Not Applicable A C N/A 9.1 Prepare cut-over plan using channel plan and PAWM's,Texas requirements X X 9.2 Schedule cut-over of traffic. Ensure minimal disruption to existing traffic. X X 9.3 Complete cut-over and circuit wiring. X X 9.4 Validate cut-over completed successfully with no adverse affect to PAWM's X X traffic. 10 Equipment Removal Alcatel-Lucent and PAWM will undertake the responsibilities assigned to them, respectively,in this Section 10, A Alcatel-Lucent Responsibility C Customer Responsibility NIA Not Applicable ' A C N/A 10.1 Relocate existing equipment at installation sites to accommodate installation of X new Equipment. 10.2 Relocate antennas and waveguide from tower to accommodate new antenna X system. 10.3 Remove old radio equipment upon completion of traffic cut-over. X 10.4 Remove antennas and wavegulde from tower upon completion of traffic cut-over, X 10.5 Dispose of decommissioned equipment. X 10.6 Customer/subcontractor is responsible for removal, disposal, and abatement of X all hazardous materials. Alcatel-Lucent Confidential 12 06/a% SIT PAGE i y OF / Wireless Transmission Division Project Completion Notice Customer/ PAWM Subcontractor PO#: Name: Project Name: PAWM Upgrade SPT#: Work Completion Date: (internal use only) WORK SITES: Site Names Equipment Type 1 Plano Parkway 2 Avenue K 3 Avenue N 4 Ridgeview 5 Doghouse 6 Allen W.T. 7 Allen PD Bldg 8 Wylie 9 Murphy W.T. 10 Frisco W.T. PUNCH LIST: Accepted By Date Customer Aatel- Punch List Items Latent subcontr Accepted actor 1 2 3 4 5 6 7 8 9 10 COMMENTS: SYSTEM ACCEPTANCE: Customer/subcontractor Representative: Aicate►-Lucent Representative: Name: Name: Signature: Signature: Date: Date: EXHIBIT 4 PAGE j 5" OF )5 Atcatek-Lucent PAYMENT SCHEDULE raver i a:, J" a �1.1,44l, U�iSINv*Ji �IUIIi•ESTONE �JIICROtN�A+UE�PROJECT "�" "� � ' �" {�ti ,jr, "riff ek,, t ti Ins Yt S ay,,'14J �y 1 i1 Ciki' §nI .y tl" t7 V„y chit 3° r' 1 'Vt17 ,2g2W " 9Y 9en Wit! f ErrZ "EVEI:E:' :1 YES �b� l ' 'J'"".�e�;kk kkk k.kkokk.rk Equipment Received At Customer Site Designated On 55°!0 Purchase Order E�jflipmens,(nstalld aruhT � �ct r f Final Test Acceptance of Each Hop (To be Performed 10% No Greater than 10 Business Days After Installation) °d ors d✓ .tr `44, „ ;�;{b9 �G �:a �„ ".?LYS' 4* iv V iJietil e lY t(;,1)m4. , + I.1. 1:2.4 4 lJr h fir . ! 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I ..0 1“I, 1 1 h 1 II oi .it 1 II . l'' 'inT , I hi. 1 , an 11 at 41 es ip 1 I iiihillillthida a WW1 i MOW iii eh 1 nallJndakt.tmila Ioill=a Maw 1;1444 HiniMillinii11111 1111M111,411M1 !NW _1414kWIP k3ii133:33 ;0j13.3 jp. 331 i A 433 I MUPC;;HIM lull"I; ;;;11111 11I1M f - 1 ii 1 k iii0 II i 1 Ill ' 1 Ilitil I II iii 11 I 1 tifilifi 1,11 FP 1111. 1 II II ili HI 111iO3 1 itlItil pip 0 iitlii111 11 il 11 1111 1 ti Hilit.'11P,1Ard alit Iiinill, Thild lig1 A A 1" i a I Hi 11 hia'ph.Nr;hc7ckg'inhhirRhhTihsIPVP7,7645h7FF Alcatel-Lucent ALCATEL USA MARKETING.INC. 3400 W.Plano Pkwy, Plana,TX 75075 • CITY OF PIANO • PRICING SUMMARY • CITY OF PLANO UPGRADE BID# 0115914D June 1,2009 PROJECT EQUIPMENT MDR-8000 RADIOS $ 355,390 OMNI SWITCH $ 51,510 BAYLY SWITCH $ 94,071 DSX-1 PANELS $ 13,310 ZHONE FIBER EXTENDER $ 15,072 MCS-11 REMOTE SCANNER $ 38,529 TSM-8000 $ 51,462 i DC POWER SYSTEMS $ 130,834 ANTENNA EQUIPMENT $ 218,898 • PROJECT EQUIPMENT TOTAL $ 969,076 • PROJECT SERVICES INSTALLATION AND TEST, RADIO&ANTENNA EQUIPMENT $ 354,706 TRANSMISSION ENGINEERING $ 58,338 FACTORY STAGING $ 22,548 • INSTALLATION&TESTING 056855 FOR NEW RINGS $ 5,203 • INSTALLATION&TESTING 056855 FOR OLD 4 HOP RING $ 2,400 APPLICATION&SYSTEM ENGINEERING $ 22,137 • PROGRAM MANAGEMENT $ 15,866 Management adjustment $ (15,866) PROJECT SERVICES TOTAL $ 465,332 PROJECT SPARES RADIO SPARE MODULES MDR-8000 $ 45,281 OMNI SWITCH SPARES $ 2,546 BAYLY SWITCH SPARES $ 4,955 ZHONE FIBER EXTENDER SPARES $ 459 MCS-11 REMOTE SCANNER SPARES $ 3,840 TSM-8000 SPARES $ 7,181 DC POWER SYSTEMS SPARES $ 1,146 PROJECT SPARES TOTAL $ 65,408 TRAINING MDR-8000 Hi-Cap Microwave Radio 0IM(4 Students)at Alcatel-Lucent Facility $ 8,600 TSM-8000 MCS-11 Telemetry Master 0/M(4 Students)at Alcatel-Lucent Facility $ 9,200 OMNIFIex TRAINING CUSTOMER LOCATION WIEXPENSES $ 10,710 TRAINING TOTAL $ 28,510 PROJECT EQUIPMENT,SERVICES,SPARES,8 TRAINING TOTAL $ 1,528,326 OPTIONS OPTION FOR HOT STANDBY RADIOS $ 207,241 E-Mail PO to 0rdernowa(7 Icatel-Lucent.com end reference the ALU STARS#on cover sheet Terms and conditions per existing Contract#2477 between City of Plano and Alcatel-Lucent USA,Inc. 1' Attachment A shall be statement of work of current project. EXHIBIT 6 PAGE i OF / Alcatel•Lucent ALCATEL USA MARKETING,INC. 3400 W.Plano Plow. Plano,TX 75075 CITY OF PLANO PRICING SUMMARY CITY OF PLANO UPGRADE-PLANO BID# 0115914D June 1,2009 PROJECT EQUIPMENT MDR-8000 RADIOS $ 232,336 OMNI SWITCH $ 37,774 BAYLY SWITCH $ 52,479 DSX-1 PANELS $ 8,470 ZHONE FIBER EXTENDER $MCS-11 REMOTE SCANNER $ 21,405 TSM-8000 $ 30,877 DC POWER SYSTEMS $ 72,778 ANTENNA EQUIPMENT $ 111,569 PROJECT EQUIPMENT TOTAL $ 667,888 PROJECT SERVICES INSTALLATION AND TEST, RADIO&ANTENNA EQUIPMENT $ 200,090 TRANSMISSION ENGINEERING $ 37,530 FACTORY STAGING $ 13,529 INSTALLATION&TESTING 056855 FOR NEW RINGS $ 3,311 INSTALLATION&TESTING 056855 FOR OLD 4 HOP RING $ 2,400 APPLICATION&SYSTEM ENGINEERING $ 12,833 PROGRAM MANAGEMENT $ 9,520 Management adjustment $ (9,520) PROJECT SERVICES TOTAL $ 269,693 PROJECT SPARES RADIO SPARE MODULES MDR-8000 $ 27,169 OMNI SWITCH SPARES $ 1,528 BAYLY SWITCH SPARES $ 2,973 ZHONE FIBER EXTENDER SPARES $ 275 MCS-11 REMOTE SCANNER SPARES $ 2,304 TSM-8000 SPARES $ 4,309 DC POWER SYSTEMS SPARES $ 688 4 PROJECT SPARES TOTAL $ 39,245 � TRAINING MDR-8000 Hi-Cap Microwave Radio O/M(4 Students)at Alcatel-Lucent Facility $ 5,160 TSM-8000 MCS-11 Telemetry Master O/M(4 Students)at Alcatel-Lucent Facility $ 5,520 OMNIFIex TRAINING CUSTOMER LOCATION W/EXPENSES $ 6,426 TRAINING TOTAL $ 17,106 PROJECT EQUIPMENT,SERVICES,SPARES,&TRAINING TOTAL $ 893,732 '.. OPTIONS OPTION FOR HOT STANDBY RADIOS $ 841,835 E-Mall PO to Ordernow@Alcatel-Lucent.com and reference the ALU STARS#on cover sheet Terms and conditions per existing Contract#2477 between City of Plano and Alcatel-Lucent USA, Inc. Attachment A shall be statement of work of current project EXHIBIT 1) PAGE L OF Alcatel-Lucent ALCATEL USA MARKETING,INC. 3400 W.Plano Pkwy. Plano,TX 76075 CITY OF PLANO PRICING SUMMARY CITY OF PLANO UPGRADE-ALLEN • BID# D115914C May 5,2009 PROJECT EQUIPMENT MDR-8000 RADIOS $ 82,226 OMNI SW ITCH $ 6,868 BAYLY SWITCH $ 20,796 DSX-1 PANELS $ 2,420 ZHONE FIBER EXTENDER $ 15,072 MCS-11 REMOTE SCANNER $ 8,562 TSM-8000 $ 10,292 DC POWER SYSTEMS $ 29,028 ANTENNA EQUIPMENT $ 29,623 PROJECT EQUIPMENT TOTAL $ 184,888 PROJECT SERVICES INSTALLATION AND TEST,RADIO&ANTENNA EQUIPMENT $ 55,701 TRANSMISSION ENGINEERING $ 10,404 FACTORY STAGING $ 4,510 INSTALLATION&TESTING OS6855 FOR NEW RINGS $ 946 INSTALLATION&TESTING 088855 FOR OLD 4 HOP RING $ - APPLICATION&SYSTEM ENGINEERING $ 4,091 PROGRAM MANAGEMENT $ 3,173 Management adjustment $ (3,173) PROJECT SERVICES TOTAL $ 75,651 PROJECT SPARES RADIO SPARE MODULES MDR-8000 $ 9,056 OMNI SWITCH SPARES $ 509 BAYLY SWITCH SPARES $ 991 ZHONE FIBER EXTENDER SPARES $ 92 MCS-11 REMOTE SCANNER SPARES $ 768 TSM-8000 SPARES $ 1,436 DC POWER SYSTEMS SPARES $ 229 PROJECT SPARES TOTAL $ 13,082 TRAINING MDR-8000 Hi-Cap Microwave Radio O/M(4 Students)at Alcatel-Lucent Facility $ 1,720 TSM-8000 MCS-11 Telemetry Master 0/M(4 Students)at Alcatel-Lucent Facility $ 1,840 OMNIFIex TRAINING CUSTOMER LOCATION WIEXPENSES $ 2,142 • TRAINING TOTAL $ 5,702 PROJECT EQUIPMENT,SERVICES,SPARES,&TRAINING TOTAL $ 279,323 E-Mall PO to Ordernow@Alcatel-Lucentcom and reference the ALU STARS#on cover sheet. Terms and conditions per existing Contract#2477 between City of Plano and Alcatel-Lucent USA,Inc. Attachment A shall be statement of work of current project. EXHIBIT PAGE j OF / _ • Alcatel-Lucent • ALCATEL USA MARKETING,INC. 3400 W.Plano Pkwy. Plano,TX 75075 CITY OF PLANO PRICING SUMMARY CITY OF PLANO UPGRADE-MURPHY BID# D115914C May 5,2009 PROJECT EQUIPMENT MDR-8000 RADIOS $ 29,718 OMNI SWITCH $ 3,434 BAYLY SWITCH $ 10,398 OSX-1 PANELS $ 1,210 ZHONE FIBER EXTENDER $ - MCS-11 REMOTE SCANNER $ 4,281 TSM-8000 $ 5,146 DC POWER SYSTEMS $ 14,514 ANTENNA EQUIPMENT $ 57,806 PROJECT EQUIPMENT TOTAL $ 126,508 PROJECT SERVICES INSTALLATION AND TEST,RADIO&ANTENNA EQUIPMENT $ 67,708 TRANSMISSION ENGINEERING $ 5,202 FACTORY STAGING $ 2,255 INSTALLATION&TESTING 056855 FOR NEW RINGS $ 473 INSTALLATION&TESTING 058855 FOR OLD 4 HOP RING $ - APPLICATION&SYSTEM ENGINEERING $ 3,154 PROGRAM MANAGEMENT $ 1,587 Management adjustment $ (1,587) PROJECT SERVICES TOTAL $ 78,792 PROJECT SPARES RADIO SPARE MODULES MDR-8000 $ 4,528 OMNI SWITCH SPARES $ 255 BAYLY SWITCH SPARES $ 496 ZHONE FIBER EXTENDER SPARES $ 46 MCS-11 REMOTE SCANNER SPARES $ 384 TSM-8000 SPARES $ 718 '.. DC POWER SYSTEMS SPARES $ 115 PROJECT SPARES TOTAL $ 6,541 TRAINING MDR-B000 Hi-Cap Microwave Radio O/M(4 Students)at Alcatel-Lucent Facility $ 860 TSM-8000 MCS-11 Telemetry Master O/M(4 Students)at Alcatel-Lucent Facility $ 920 OMNIFiex TRAINING CUSTOMER LOCATION W/EXPENSES $ 1,071 • TRAINING TOTAL $ 2,851 • PROJECT EQUIPMENT,SERVICES,SPARES,8 TRAINING TOTAL $ 214,691 • E-Mail PO to Ordernow@Alcatel-Lucent.com and reference the ALU STARS#on cover sheeL Terms and conditions per existing Contract#2477 between City of Plano and Alcatel-Lucent USA,Inc. • Attachment A shall be statement of work of current project. • • EXHIBIT -F PAGE ! OF Alcatel-Lucent 0 ALCATEL USA MARKETING,INC. 3400 W.Plano Pkvry. Plano,TX 75075 CITY OF PLANO PRICING SUMMARY CITY OF PLANO UPGRADE-WYLIE • BID# D115914C May 5,2009 • PROJECT EQUIPMENT • MDR-8000 RADIOS $ 31,110 OMNI SWITCH $ 3,434 , BAYLY SWITCH $ 10,398 DSX-1 PANELS $ 1,210 ZHONE FIBER EXTENDER $ - • MC&11 REMOTE SCANNER $ 4,281 TSM-8000 $ 5,146 • DC POWER SYSTEMS $ 14,514 ANTENNA EQUIPMENT $ 19,899 ',.• PROJECT EQUIPMENT TOTAL $ B9,993 PROJECT SERVICES I INSTALLATION AND TEST,RADIO&ANTENNA EQUIPMENT $ 31,207 TRANSMISSION ENGINEERING $ 5,202 FACTORY STAGING $ 2,255 INSTALLATION&TESTING 0S8555 FOR NEW RINGS $ 473 INSTALLATION&TESTING 056955 FOR OLD 4 HOP RING $ - APPLICATION&SYSTEM ENGINEERING • $ 2,059 PROGRAM MANAGEMENT $ 1,587 Management adjustment $ (1,587) PROJECT SERVICES TOTAL $ 41,198 PROJECT SPARES RADIO SPARE MODULES MDR-B000 $ 4,528 OMNI SWITCH SPARES $ 255 • BAYLY SWITCH SPARES $ 496 ZHONE FIBER EXTENDER SPARES $ 46 MCS-11 REMOTE SCANNER SPARES $ 384 TSM-8000 SPARES $ 718 DC POWER SYSTEMS SPARES $ 115 PROJECT SPARES TOTAL $ 8,541 TRAINING MDR-8000 Hi-Cap Microwave Radio Ot1A(4 Students)at Alcatel-Lucent Facility $ 860 TSM-8000 MCS-11 Telemetry Master OfM(4 Students)at Alcatel-Lucent Facility $ 920 '..• OMNIFIex TRAINING CUSTOMER LOCATION W/EXPENSES $ 1,071 ,. TRAINING TOTAL $ 2,851 PROJECT EQUIPMENT,SERVICES,SPARES,&TRAINING TOTAL $ 140,580 • E-Mall PO to Ordernow@Alcatel-Lucent.com and reference the ALU STARS#on cover sheet. Terms and conditions per existing Contract#2477 between City of Plano and Alcatel-Lucent USA,Inc. Attachment A shall be statement of work of current project. EXHIBIT G • PAGE I OF L City of Plano Contractor Insurance Requirements and Agreement Requirements Contractors performing work on City property or public right-of-way for the City of Plano shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. A!! insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of texas and must be acceptable to the City of Plano. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Provisions Insurance 1. Commercial General - $500,000 each occurrence, City to be listed as additional (Public) Liability to include $1,000,000 general aggregate; insured and provided 30-day notice of cancellation or material coverage for Or change in coverage. a) Premises/Operations $1,000,000 combined single City prefers that Surer be rated b) Products/Completed limits B+VI or higher by A.M.Best or A Operations or higher by Standard&Poors c) Independent Contractors d) Personal Injury e) Contractual Liability 2. Business Auto Liability As required by State of Texas '.. 3. Workers' Compensation & Statutory Limits City to be provided a waiver of Employers' Liability $100,D00 each accident subrogation Questions regarding this insurance should be directed to the City of Plano Purchasing Department (972) 941-7557. This form must be signed and returned with your quotation to verify that you can and will meet the insurance requirements listed herein should you be selected to perform work for the City, and will provide the certificates of insurance acceptable to the City. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. AGREEMENT I agree to provide the above-described insurance coverages if selected to perform work for the City of Plano. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid #: Company: Printed Name: Vendor# (if applicable). Signature: Date: Return Signed Form to: N:CONTIL4CT51foims\Insuance Rcqukemems-Nem.doc EXHIBIT \ PAGE N OF ACRLI CERTIFICATE OF LIABILITY INSURANCE I 0DATE 9/09/MIDDIYYYY)' 4,,. O9r09/2009 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1166 Avenue of the Americas HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR New York,NY 10036 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 069021-ALCA-CASUA-2009 GAW INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Ailianz Global Risks Us Insurance Company 35300 Alcatel-Lucent USA Inc. -- 3400 W.Plano Parkway INSURER B:Liberty Mutual Insurance Company 23043 Plano,TX. 75075 INSURER C:N/A N/A INSURER D: INSURER E: COVERAGES 2 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN.ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Pawl ADD' POLICY MEMO POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTRIIN$R DATE IMMBDA'YYY) DATE IMMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 500.000 A CGL 2002406 01/01/2009 01/01/2010 X I COMMERCIAL GENERAL LIABILITY I PREMISES Ea RENTED j 1,000,000 ff II PREMISESE Ea occurrenceI$ J CLAIMS MADE X /OCCUR MEO EXP(Ay one person) $ 10,000 X i CDntratlual I lability PERSONAL&ADM NJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GENERAL AGGREGATE UNIT APPLIES PER �aaAWLtIaM axn„rAst:✓.,ne . j� . LOC 1 000 000 I POLICY B I AUTOMOBILE LIABILITY AS2-621-093046.079 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT $. 1,000,000 © ANY AUTO (Ea accident) ra ALL OWNED AUTOS BODILY INJURY $ 1 Ill SCHEDULED AUTOS I (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS I(Per acIdant) Physical Damage Self-Insured PROPERTY DAMAGE . (Per sodden() $ BS=AUTO ONLY-EA ACCIDENT$ OTHER THAN EA ACC i$ AUTO ONLY: AGG $ , 1 EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I CLAIMS MADE AGGREGATE $ ■ DEDUCTIBLE IIIIII ' RETENTION S -$ WORKER'COMPENSATION AND WA7-C2D-093048-019(AOS) O1/01f2OO9 01/01/2010 X WC STATU- OTH- _ EMPLOYERS'LIABILITY WC7-C21.093048-029(OR WI} 01/01/2009 01/01/2010 ANY PROPRIETOPJPPRTNERIEXEOUTIVE YIN EACH ACCIDENT 1,000,000(OPFICERIMEMBE��R yyEXCLUDEDR [' N geholcoUaT�7»FARMd:$ 1,000,000 SPECIAL�y InNH)iCNS behwribe under .L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OP OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Plano,TX is hereby named as Additional Insured with respect to the General Liability Coverage. A Waiver of Subrogation o n the Workers Compensation policy in favor of the City of Plano,TX CERTIFICATE HOLDER NYC-003895616.22 CANCELLATION SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Plano,TX EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL I 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND iHUPON ppFPTHE INSURER, ITS AGENTS OR REPRESENTATIVES, AD1 MirsElleA lncENTATNC0/` l�I-} � D Lauren Glagrande 1 ACORD 25(2009/01) @ 1998.2009 ACORD CORPORATIOtir ,,` yphts Reserved The ACORD name and logo are registered marks of ACORD PAGE j OF a,., IMPORTANT if the certificate holder is an ADD'.TIONAL INSURED,the po'.icy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). f SUBROGATION IS WAIVED,subject to the terms and conditions of the po'iicy,certain policies may require en endorsement,A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies '.isled thereon. Acord 25(2009(01) EXHIBIT PAGE a OF2 Y)A CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1166 Avenue of the Americas HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR • New York,NY 10036 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 069021-ALCA-CASUA-2009 GAW INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Allianz Global Risks Us Insurance Company 35300 Alcatel-Lucent USA Inc. 3400 W.Plano Parkway INSURER e:Liberty Mutual Insurance Company 23043 Plano,TX. 75075 INSURER C:N/A N/A ' INSURERD: INSURER E: COVERAGES 3 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRADD1 TYPE OF INSURANCE POLICY NUMBER Pout?EFFECTIVE POLICY EXPIRATION LIMITS LTRINSRD DATE IMMIDONYYYI DATE tMMNDIYYTY) A GENERAL LIABILITY CGL 2002406 01/01/2009 01/01/2010 EACH OCCURRENCE $ $00.000 • X COMMERCIAL GENERAL LIABILITY PREMigES(EEa cwrOrrrEnce) $ 1,000,000 ' 1 CLAIMS MADE IX OCCUR MED EXIT(Any one Wean) $ 10,000 X CootcictoRl liability PERSONAL A ADV INJURY $ 1,000,009 GENERAL AGGREGATE $ 1,000,000 GENERAL AGGREGATERIOITAPPLIES PER PRODUCTS-COMP/OP AGG$ l 1 POLICYn TOT 1-1_ LOC 1 000,000 B AUTOMOBILE LIABILITY AS2-621-093048-079 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT X ANY AUTO (Es accident) $,•. 1,000,000 • BALL OWNED AUTOS 1BODILY INJURY $ SCHEDULED AUTOS j(Per person) X HIRED AUTOS j )BODILY INJURY $ X NON-OWNED AUTOS (Per accident) Physical Damage Self-Insured 1 PROPERTYPer accident) $ 1 GARAGE LIABILITY AUTO ONLY•EA ACCIDENT$ ANY AUTO OTHER THAN EA ACC $ . AUTO ONLY: AGG $ EXCESS:UMBRELLA LIABILITY EACH OCCURRENCE $ IOCCUR IJ CLAIMS MADE I AGGREGATE $ $ DEDUCTIBLE $ RETENTION I S IB WORKER.COMPENSATION AND WA7-C2D-093048-019(AOS) 01/01/2009 01/01/2010 X TrTAUI OR- EMPLOYERS' WC7-C21-093048-029(OR WI) 01/01/2009 01/01/2010 ANY PROPRIETORIPARTNERJEXECUTIVE YIN EE.L.EACH ACCIDENT $ 1,000,000 • OFFICER/MEMBER EXCLUDED? N c.L.DISEASE-EA EMPLOYEE$ 1,000,000 '.. lMandetory In NH)If s.descrlbe under E.L.DISEASE-POLICY LIMIT' $ 1,000,000 SPECIAL PROVISIONS Dabw OTHER I I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Allen,TX is hereby named as Additional Insured with respect to the General Liability Coverage. A Waiver of Subrogation o n the Workers Compensation policy in favor of the City of Allen,TX CERTIFICATE__ HOLDER NYC-303895522-23 CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Allen,TX EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND ryUPOON pqp TILE INSURER, RS AGENTS OR REPRESENTATIVES. Aof(McneIl SAPreSENTATNE ^_,� _I _ Lauren Glagrande "Y'uNT'�'$`TFJY�VW ACORD 25(2009101) 0199E-2009 ACORD CORPORATION.TAII`Rj,hts Reserved The ACORD name and logo are registered marks of ACORD CCRRtt1I 6D PAGE / OF CQ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the Issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25(2009/01) EXHItlfl 3 , PAGE 2 OF a ACORD CERTIFICATE OF LIABILITY INSURANCE osiaezo09 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1166 Avenue of the Americas HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR New York,NY 10036 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 069021-ALCA-CASUA-2009 GAW INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A.Allianz Global Risks Us Insurance Company 35300 Alcatel-Lucent USA Inc. 3400 W.Plano Parkway INSURER D.Liberty Mutual Insurance Company 23043 Plano,TX. 75075 INSURER C:N/A N/A j INSURER D: i INSURER E: COVERAGES S THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PDucYE%P�RAnON LIMITS LTR INSRC DATE IMMIDPNYYYj DATE IMMMDIYYYY) A GENERAL LIABILITY CGL 2002406 01/01/2009 01/01/2010 :ACHGct'URRENCE $ 500,000 — IX COMMERCIALGENERAL LIABILITYDAMAGE TO RENTED 1,000,000 PREMIBET(Es n* ,$ CLAIMS MADE 'X OCCUR MD EXP(My one person) $ 10,000 LX-Contractuat.Llablllty PERSONAL&AOV INJURY $ 1,000,000 I - GENERAL AGGREGATE $ 1,000,000 GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG$ POLICY n JECT L L LOC — $ 1,000.000 B AUTOMOBILE LIABILITY AS2-621-093048-079 01/01/2009 01/0112010 (Ea COMBINED LIMIT $•. 1,000,000 '.., X ANY AUTO ) L. ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pa person) X HIRED AUTOS BODILY INJURY $ '.. X NON-OWNED AUTOS I /Per accident) _ '... PhysIcal Damage Self-Insured {PROPERTYAMAGE Per want) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT$ ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY: AGG $ I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 OCCUR ) CLAIMS MADE I AGGREGATE $ I DEDUCTIBLE I ---' $ $ RETENTION $ B WORKERS COMPENSATION AND WA7-C2D-093046-019(AOS) 01/01/2009 01/0112010 X I ' i0 a $woY T IAATU B EMPLOYERS'LIABILITY WC7-C21.093048-029(OR WI) 01/01/2009 01/01/2010 '.... ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 iOFFICER/MEMBER EXCLUDED? N I EL.DISEASE-EA EMPLOYEE$ 1,000,000 ItMandel.ry In NH I!eta descrbe under I °A.DISEASE-POLICY LIMIT $ 1,000,000 SPECIAL PROV IONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ". City of Murphy,TX is hereby named as Additional Insured with respect to the General Liability Coverage. A Waiver of Subrogation o n the Workers Compensation policy in favor of the City of Murphy,TX CERTIFICATE HOLDER NYC-003895524-25 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE '., City of Murphy,TX EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, '... BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, ,. ALITHHDt(u(,$nUQSryAf Inc.ENTATNE t M:^_ 6Cr Lauren Glagrande ACORD 25(2009101) iJ 1998.2009 ACORD CORPORATIONE.pY 3iicpts Reserved K. ACORD name and logo are registered marks of ACORD PttilDTt PAGE / OF a , IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the Issuing Insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • Acord 25(2009/01) EXHIBIT 1< PAGE cZ OF ._. A�a' CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DDIYYYY) 09/09/2009 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA,InC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1166 Avenue of the Americas HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR New York,NY 10036 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 069021-ALCA-CASUA-2009 GAW INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Allianz Global Risks Us Insurance Company 35300 Alcatel-Lucent USA Inc. 3400 W.Plano Parkway INSURER B:Liberty Mutual Insurance Company 23043 Plano,TX. 75075 INSURER C:N/A N/A INSURER 0: INSURER E COVERAGES i 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS �LTRIINSRC DATE(MMIDDNYYYI RATE IMNICOPMYI A GENERAL LIABILITY ICGL 2002406 01/01/2009 01/01/2010 EACH OCCURRENCE ,5 500,000 X COMMERCIAL GENERAL LIABILITY PRREMAGES(Ee oocccTurrrence) $ 1,000,000 I I CLAIMS MADE X OCCUR MED EXP(My one person) $ 10,000 U.S._CnntractuaLLlablliiy -.._. PERSONAL&ADV INJURY 1S 1,000,000 1 GENERAL AGGREGATE �$ 1,DO0,000 GENERAL AGGREGATE LIMIT APPLIES PEA PRODUCTS-COMP/OP ADD $ 1,000,QOOPR I POLICY El jEc' ElLOC B AUTOMOBILE LIABILITY A82-621-093048-079 01/01/2009 01t01/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea occident) $ 1,000,000 _x_ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS {Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS I (Per accident) ' Physical Damage Self-Insured PRO accident)ntjAMAGE(P $ j GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO -- EXCESS I UMBRELLA LIABILITY [EACH OCCURRENCE i5 I OCCUR CLAIMS MADE `AGGREGATE $ $ DEDUCTIBLEI— 7 RETENTION $ It I B WORKERS COMPENSATION AND WA7-C2D-093048-019(AOS) 01/01/2009 01/01/2010 X IWOSTATU- I OTH. B EMPLOYERS'LIABILITY WC7-C21-093048-029(OR WI) 01/01/2009 01/01/2010 TnRYIIMlri FR ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N EL.EACH ACCIDENT $ 1,000,000 �OFFAFICEaRr/MEMBERyEXCLUDED? L± I EL.DISEASE-EA EMPLOYEE$ 1,000,000 5PE CCIN-PROVNSIONs'ielowrbe under J E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/'EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1 City of Wylie,TX is hereby named as Additional insured with respect to the General Liability Coverage. A Waiver of Subrogation o n the Workers Compensation policy in favor of the City of Wylie,TX I CERTIFICATE HOLDER NYC-003895523-24 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Wylie,TX EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AOTTMO ZUS iS.EN TATV6 ' y-Uaiw AO O J d Y Lauren Glagrande ACORD 25(2009f01) ©1998-2009 ACORD CORPORATIOpt,Rjj,(;j9hts Reservadt The ACORD name and logo are registered marks of ACORD g/Lt1IC� PAGE t OF r7, IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pokcy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the Issuing insurer(s),authorized representative or producer,and the certificate holder,nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • • Acord 25(2009/01) EXHIBIT PAGE..,: OF !,j AFFIDAVIT OF NO PROHIBITED INTEREST I, the undersigned declare and affirm that no person or officer of ALCATEL-LUCENT USA INC., a Delaware corporation (herein "Contractor") is either employed by the City of Plano or is an elected official of the City of Plano and who has a financial interest, direct or indirect, in any contract with the City of • Plano or has a financial interest, directly or indirectly, in the sale to the City of Plano of any land, or rights or interest in any land, materials, supplies or service. As per Section 11 .02 of the Plano City Charter, interest represented by ownership of stock by a City of Plano employee or official is permitted if the ownership amounts to less than one (1) per cent of the corporation stock. I further understand and acknowledge that the existence of a prohibited interest at any time during the term of this contract will render the contract voidable. ALCATEL-LUCENT USA, INC., a Delaware corporation By: Signature Print Name Title Date STATE OF § COUNTY OF § SUBSCRIBED AND SWORN TO before me this day of , 200_. Notary Public, State of • EXHIBIT /4 N:\CONTRACTS\Affidavit of No Prohibited Interest Alcatel.doc PAGE / OF • PAYMENT BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That , hereinafter called "Principal", and a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, hereinafter "Surety", are held and firmly bound unto the CITY OF PLANO, TEXAS, a home-rule municipal corporation, the CITY OF ALLEN, TEXAS, a home-rule municipal corporation, the CITY OF WYLIE, TEXAS, a home-rule municipal corporation, and the CITY OF MURPHY, TEXAS, a home-rule municipal corporation, hereinafter called "Beneficiary", and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements described below, in the penal sum of DOLLARS ($ ) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of , A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. EXHIBIT N:\CONTRACTS\Payment Bond Plano,Allen,Wylie,and Mmphy.doc PAGE I OF C.v AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Texas Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Texas Insurance Code Article 3503.003. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of PRINCIPAL: Address Tel. No. ATTEST: BY: TITLE: SURETY: Address Tel. No. ATTEST: BY: TITLE: EXHIBIT Al N:\CONTRACTS\Payment Bond Plano,Allen,Wylie,and Mmply.doc PAGE . OF (0 The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on Page 1 of Payment Bond must be same date that City Council awarded Contract. Date on Page 2 of Payment Bond must be after the date that City Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. EXHIBIT NI N:ICONTRACTS\Payment Bond Plano,Allen,Wylie,and Nlmphy.doc PAGE .? OF 6 PERFORMANCE BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That hereinafter called "Principal", and a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the CITY OF PLANO, TEXAS, a home-rule municipal corporation, the CITY OF ALLEN, TEXAS, a home- rule municipal corporation, the CITY OF WYLIE, TEXAS, a home-rule municipal corporation, and the CITY OF MURPHY, TEXAS, a home-rule municipal corporation hereinafter called "Beneficiary", in the penal sum of DOLLARS ($ ) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain written Contract with the Beneficiary, dated the day of , A.D. which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear EXHIBIT PAGE 4 OF within a period of one (1) year from the date of final completion and final acceptance of the Work by Beneficiary; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Collin County, Texas. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Texas Government Code Section 2253.001 , et seq., and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Texas Insurance Code Section 3503.003. IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall be deemed an original, this, the day of PRINCIPAL: Address Tel. No. ATTEST: BY: TITLE: SURETY: Address Tel. No. ATTEST: BY: TITLE: EXHIBIT PAGE 5 OF The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on Page 1 of Performance Bond must be same date that City Council awarded Contract. Date on Page 2 of Performance Bond must be after the date that City Council awarded the Contract. If Resident Agent is not a corporation, give a person's name. EXHIBIT II PAGE (p OF Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 3 Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 12/1/09 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-38(R) authorizing the City Manager to execute an lnterlocal Cooperation Agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie. Texas and the City of Murphy, Texas and Motorola Inc. to provide, design and implement a P25 Trunked Radio System for the Joint Radio Communications System. Recommendation A motion to approve Resolution No. 2009-38(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement by and between the City of Plano. Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas and Motorola Inc. to provide, design and implement a P25 Trunked Radio System for the Joint Radio Communications System. Discuss ion This recommendation will purchase the fixed, mobile, and portable hardware and software to implement the PAWM radio system and make it operable in Wylie. This is within the funding allocated for this project, and is a portion of the total project, not including the radio tower, facility changes needed to the current City Hall building, accessory purchases from vendors other than Motorola, and various related items. By acting on this item before December 31' 2009, a savings of over $400,000 has been offered. This system complies with the specifications and performance as outlined and bid out by the City of Plano for all four cities. Full implementation will take approximately one year. Approved By Initial Date Department Director RC 11-18-09 City Manager Page I of 1 RESOLUTION NO. 2009-38(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 AN AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS, THE CITY OF MURPHY, TEXAS AND MOTOROLA, INC. TO PROVIDE, DESIGN, AND IMPLEMENT A P25 TRUNKED RADIO SYSTEM FOR THE JOINT RADIO COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION I: 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, an agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, the City of Murphy, Texas, and Motorola, Inc. to provide, design, and implement a P25 Trunked Radio System for the Joint Radio Communications System, attached hereto as Exhibit "A". 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 on this the 8`h day of December, 2009. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No. 2009-3 8(R) Motorola for the Joint Radio Communications System. 5634h4.v Communications System Agreement Motorola, Inc. ("Motorola") and the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas who are parties to an Interlocal Agreement for the purchase of a radio system (collectively referred to as "Cities" and individually as "City") enter into this "Agreement," pursuant to which the Cities will purchase and Motorola will sell the System, as described below. Motorola and the Cities may be referred to individually as a "Party" and collectively as the"Parties." For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In the event of an inconsistency or conflict between the provisions of this Agreement and the Exhibits, the provisions in this Communications System Agreement shall take precedence over the Exhibits, and any inconsistency or conflicts between Exhibits A through M will be read and resolved in their listed order. Exhibit A Approved changes to the Motorola Proposal including the following documents: (1) Post-Proposal Changes to Motorola Point by Point Responses to RFP (2) Redlined Proposed System Description dated December 4, 2009 (3) Redlined Proposed Implementation Plan Including a Preliminary Cutover Plan dated 12/4/09 (4) Redlined proposed System Pricing and Equipment List dated December 4, 2009 (5) Redlined Radio Coverage Analysis and Radio Coverage Maps dated December 4, 2009 (6) Coverage maps dated December 4, 2009 (7) Q&A Session 2 Follow-Up: PAWM Proposal Update(includes the updated pricing)dated December 4, 2009 (8) System Drawings Exhibit B Motorola's Response to the RFP Exhibit C Motorola"Software License Agreement" Exhibit D Payment Schedule as set forth in Section 8.2A of the RFP Exhibit E Insurance Requirements Exhibit F Insurance Certificate for the City of Plano, Texas Exhibit G Insurance Certificate for the City of Allen, Texas Exhibit H Insurance Certificate for the City of Wylie, Texas Exhibit I Insurance Certificate for the City of Murphy, Texas Exhibit J Affidavit of No Prohibited Interest Exhibit K Payment and Performance Bonds Exhibit L Enhanced System Support Statement of Work included in Motorola Response to the RFP Exhibit M "System Acceptance Certificate" Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan. 2.2. "Beneficial Use" means when the Cities first use the System or a Subsystem for operational purposes (excluding training or testing). 2.3. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or proprietary; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any Motorola.CSA.FINAL.1.10.05.revision.doc 1 563153.v1 obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party or information that is required to be released as determined by a written decision from the Texas Attorney General. 2.4. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.5. "Effective Date" means that date upon which the last Party executes this Agreement. 2.6. "Equipment" means the equipment that the Cities purchase from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. 2.7. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control and affects the geographical area in which the system is manufactured, staged, or installed (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.8. "Infringement Claim" means a third party claim alleging that the Motorola or Non-Motorola Equipment or Software provided, sold or distributed by Motorola to the Cities infringes upon the third party's United States patent or copyright. 2.9. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.10. "Non-Motorola Software" means Software provided or sold by Motorola to the Cities that another party owns. 2.11. "Open Source Software" (also called "freeware" or"shareware") means software that has its underlying source code freely available to evaluate, copy, and modify. 2.12. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.13. "Software" means the Motorola Software and Non-Motorola Software, in object code format that is furnished with the System or Equipment. 2.14. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.15. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. 2.16. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in the Technical and Implementation Documents. 2.17. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.18. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Section 3 SCOPE OF AGREEMENT, TERM AND DESIGNATION OF PROJECT MANAGER Motorola.CSA.FINAL.1.10.05.revision.doc 2 563153.v1 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. The Cities will perform their contractual responsibilities in accordance with this Agreement. 3.2 SCHEDULE OF WORK. Motorola agrees to commence work immediately upon the execution of this Agreement, and to proceed diligently with said work in accordance with the Performance Schedule which provides that Motorola will achieve System Acceptance no later than December 31, 2010. 3.3. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a written change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. All requests for change orders shall be made through the Project Manager. The individual City upon whose behalf the request for that change order is made shall be responsible for all additional costs and/or expenses associated with the change order. "Extra" work or "claims" invoiced as such which have not been issued as a duly executed, written change order by the appropriate City Manager, will not be authorized for payment. A duly executed written change order shall be preceded by a request to the City Manager to execute said change order. 3.4. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 3.5. ADDITIONAL EQUIPMENT OR SOFTWARE. During the term of this Agreement, the Cities may purchase additional Equipment and Software under Section 3.3. In addition, for three (3) years after the Effective Date, the Cities may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. The pricing will comply with Section 13.2.1YYY of the RFP, which provides for a firm percentage discount off of the current list price of the Equipment or Software. Payment is due upon delivery and acceptance by the Cities in accordance with the Texas Prompt Payment Act (Texas Government Code Section 2251. For Equipment and Software purchased under this Section prior to System Acceptance which is intended to be incorporated into the System, title, risk of loss, and warranty will be controlled by this Agreement. Concerning Equipment and Software purchased under this Section that is not intended to be incorporated into the System or is purchased after System Acceptance, title and risk of loss will pass upon delivery and warranty will commence upon delivery. Motorola will send the Cities an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, the Cities may register with and place orders through Motorola Online("MOL"), and this Agreement will be the"Underlying Agreement"for those MOL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at http://www.motorola.com/businessandgovernment/ and the MOL telephone number is (800) 814- 0601. 3.6. MAINTENANCE SERVICE. During the Warranty Period, Motorola will provide maintenance services for the Equipment and support for the Motorola Software and Non-Motorola Software pursuant to this Agreement, including the ESS Statement of Work. Those services and support are included in the Contract Price. If the Cities wish to purchase additional maintenance and support services for the Equipment during the Warranty Period, or any maintenance and support services for the Equipment after the Warranty Period, the description of and pricing for the services will be set forth in a separate document. If the Cities wish to purchase extended support for the Motorola Software or Non-Motorola Software after the Warranty Period, it may do so by ordering software subscription services as described in the Software Subscription section of the ESS Statement of Work. Unless otherwise agreed by the parties in writing, the terms and conditions applicable to those maintenance, support or software Motorola.CSA.FINAL.1.10.05.revision.doc 3 563153.v1 subscription services will be Motorola's standard Service Terms and Conditions, together with the appropriate statements of work. 3.7. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to the Cities solely in accordance with the Software License Agreement. The Cities hereby accept and agree to abide by all of the terms and restrictions of the Software License Agreement. 3.8. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to the Cities in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Non-Motorola Software may include Open Source Software. Motorola represents that, to the best of their knowledge, the Cities' use of Non-Motorola Software as described and provided for in this Agreement is a legally authorized use of said software, which does not constitute an infringement. The Cities enter into this Agreement relying on this representation. 3.9. SUBSTITUTIONS. At no additional cost to the Cities, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Cities. Any substitution will be reflected in a change order. 3.10 PROJECT MANAGER. The Parties agree that the City of Plano Radio System Manager shall be the Project Manager for the duration of the project which is the subject of this Agreement. The Project Manager shall be the liaison between the Cities and Motorola and all communication between the Cities and Motorola shall be made by and through the Project Manager. The Project Manager shall be responsible for project management services and technical expertise required to assure completion of the Project. In this capacity, the Project Manager is responsible for the oversight and facilitation of the successful completion of the Project. Section 4 PERFORMANCE SCHEDULE AND PAYMENT AND PERFORMANCE BOND 4.1 The Parties will perform their respective responsibilities in accordance with the Performance Schedule, included in the Motorola Response to the RFP. By executing this Agreement, the Cities authorize Motorola to proceed with contract performance. 4.2 In the event this Agreement amount exceeds $25,000.00, a Payment bond in the amount of not less than one hundred percent (100%) of the Agreement amount conditioned upon the payment of all person supplying labor or furnishing materials pursuant to the Agreement is required upon a form a provided by the Cities. In the event this Agreement exceeds $100,000.00, a Performance Bond in the amount of not less than one hundred and fifteen percent (115%) of the Agreement amount, conditioned upon the faithful performance of the Agreement, is required upon a form provided by the Cities. The bonds are attached hereto and incorporated herein as Exhibit"K." Section 5 CONTRACT PRICE, PAYMENT, INVOICING AND INSURANCE 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is in an amount not to exceed $19,104,907.00. If applicable, a pricing summary is included with the Payment Schedule. Motorola has priced the services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. Each City shall be responsible for an amount not to exceed the following: City of Plano; $12,271,398.00 City of Allen: $3,564,589.00 City of Wylie: $2,370,359.00 Motorola.CSA.FINAL.1.10.05.revision.doc 4 563153.v1 City of Murphy: $898,560.00 5.2. INVOICING AND PAYMENT. Motorola will submit invoices separately to each City according to the Payment Schedule. Except for a payment that is due on the Effective Date, each City will make payments to Motorola in accordance with the Texas Prompt Payment Act (Texas Government Code Section 2251. Each City shall only be responsible for the individual charges/costs for their City and shall not be responsible for any charges/costs for another City Each City will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Each City will be invoiced for the percentage of the full installment payment amount equal to the percentage of the total Contract Price allocated to each in accordance with the Pricing Summary. For reference, the Federal Tax Identification Number for Motorola, Inc. is 36-1115800. 5.3 FREIGHT, TITLE, AND RISK OF LOSS. Title, care, custody, control and risk of loss of the non- subscriber Equipment will pass to the Cities upon complete installation of the Equipment at the sites. Title and risk of loss of subscriber equipment will pass to the Cities upon delivery. Title to Software will not pass to the Cities at any time. 5.4 INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to each City at the address specified above. Software delivery shall be coordinated through the Project Manager. Storage, site delivery, and installation of the Infrastructure Equipment are the responsibility of Motorola until complete installation of the Equipment at the sites. Delivery and installation of any other Software and/or Equipment not specified in this section shall be coordinated through the Project Manager. Cities may change this information by giving written notice to Motorola. 5.5 INSURANCE AND CERTIFICATES OF INSURANCE. Motorola shall procure and maintain for the duration of the Agreement for the benefit of the Cities (listing each City, and its council members, officers, and employees as additional insureds on the general liability policy) insurance coverage as set forth in the Insurance Requirements marked as Exhibit "E" attached hereto and incorporated herein by reference. Motorola shall provide a signed insurance certificate for each City verifying that Motorola has obtained the required insurance coverage for each City immediately following the execution of this Agreement. Insurance Certificates for each City will be attached as follows: Exhibit "F" City of Plano, Texas Exhibit "G" City of Allen, Texas Exhibit "H" City of Wylie, Texas Exhibit "I" City of Murphy, Texas Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, the Cities will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites; and access to the work sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist the Cities in the local building permit process. Nothing contained in this paragraph shall be construed as the Cities' pre-approval or automatic approval of any type of permit or zoning application. Nor shall it be construed as the Cities waiver of its application and/or public hearing process. 6.2. SITE CONDITIONS. The Cities will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, the Cities will ensure, to the extent possible, that these work sites have adequate: physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola will inspect the work site Motorola.CSA.FINAL.1.10.05.revision.doc 5 563153.v1 and advise the Cities of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 7 TRAINING Any training to be provided by Motorola to the Cities will be described in the Statement of Work. The Cities will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because the Cities reschedule a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs from the individual City requesting or receiving the training. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to the Cities at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of all of the Acceptance Tests, whether it is part of the System or an individual subsystem. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate for the entire System, including individual subsystems. If the Cities believe the System has failed the completed Acceptance Tests, the Cities will provide to Motorola a written notice that includes the specific details of the failure. If the Cities do not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance , but will be corrected according to a mutually agreed schedule. 8.3. BENEFICIAL USE. The Cities acknowledge that Motorola's ability to perform its implementation and testing responsibilities may be impeded if the Cities begin using the System before System Acceptance. Therefore, the Cities will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, the Cities assume responsibility for the use and operation of the System. The term Beneficial Use will not include the use of any subscriber radios shipped under this Agreement and put into use on the current Cities' systems. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the Parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment or software not furnished by Motorola pursuant to this Agreement which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, Motorola.CSA.FINAL.1.10.05.revision.doc 6 563153.v1 such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or the Cities change to load usage or configuration outside the Specifications. If the Cities provide a notice under Section 8.2 that they believe the System has failed an Acceptance Test, then Motorola shall address and remedy the failure as soon as practicable and at no additional cost to the Cities. Such remedy shall include all equipment, systems, and services necessary to pass the Acceptance Test. When Motorola believes it has successfully remedied the failure, Motorola shall so notify the Cities in a writing that specifies the measures taken by Motorola to remedy the failure. Upon the receipt of such notice by Motorola, the Parties shall repeat the portion of the previously failed Acceptance Test, unless the test that fails is the 30 day reliability test discussed in the RFP, in which case the full test will be repeated in the event of a major failure as defined in the RFP. The re-testing shall commence as promptly as practical on a date reasonably acceptable to both the Cities and Motorola. Execution of the appropriate"System Acceptance Certificate"will constitute acceptance by the Cities. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the infrastructure Equipment (excluding expressly the shipment of any subscriber radios) by events or causes within the Cities' control, this warranty expires eighteen (18) months after the shipment of the Equipment. 9.3. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software (excluding any Software shipped with subscriber radios) by events or causes within the Cities control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; the Cities' failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, the Cities must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will (at its option and at no additional charge to the Cities) perform one of the following three options: repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System (including all Cities) for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Motorola.CSA.FINAL.1.10.05.revision.doc 7 563153.v 1 Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY THE CITIES. If the Cities (including their other contractors) delay the Performance Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional extension of the warranties; suspending and re-mobilizing the work; and preparing and implementing an alternative implementation plan. Delay charges shall not include freight, travel, additional engineering, project management or handling of Equipment or standby time. If the Parties agree that the System must be redesigned as a result of a delay, then such engineering costs to redesign the System will be included. Section 11 DISPUTES 11.1 In the event of a dispute regarding any aspect of this Agreement, the Parties shall refer the dispute to outside non-binding mediation for resolution prior to engaging in litigation. All Parties shall share equally in the costs of a certified mediator and each Party shall be responsible for their own attorney fees. Any mediation between the Parties shall be in Texas. 11.2 Disputes among the Cities that are independent of any dispute with Motorola shall be resolved according to the terms and provision of the interlocal agreement passed by resolution and adopted by each of the Cities titled: AGREEMENT BETWEEN THE CITY OF PLANO, TEXAS, AND THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY, TEXAS FOR JOINT RADIO COMMUNCIATIONS SYSTEM. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by the Cities for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. During any period of default by Motorola, the Cities will be relieved of any obligation to make any payment associated with the Motorola default. If the Cities are the defaulting Party, Motorola may stop work on the project until it approves the Cities' cure plan. 12.2 TERMINATION BY CITIES. Unilateral termination by any individual City is prohibited. 12.3. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement, subject to Sections 11.1 and 12.2 herein. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If the Cities are the non-defaulting Party, terminate this Agreement as permitted by this Section, and complete the System through a third Party, Customer may recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. To the extent required by law, the Cities will take reasonable actions to mitigate their respective damages and provide Motorola with detailed invoices substantiating the charges. Motorola.CSA.FINAL.1.10.05.revision.doc 8 563153.v1 SECTION 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola shall release, defend, indemnify and hold harmless the Cities and their officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from and to the extent caused by the negligent performance of the work or caused by the negligent act or omission or intentional acts of Motorola, its officers, agents, employees, subcontractors, licensees, invitees or any third parties for whom Motorola is legally responsible (hereinafter"claims"). In their sole discretion, Cities shall have the right to reasonably approve defense counsel to be retained by Motorola in fulfilling its obligation hereunder to defend and indemnify the Cities, unless such right is expressly waived by Cities in writing. Cities reserve the right to provide a portion or all of their own defense; however, Cities are under no obligation to do so. Any such action by Cities is not to be construed as a waiver of Motorola's obligation to indemnify Cities pursuant to this contract. Motorola shall retain defense counsel approved by Cities within seven (7) business days of the Cities written notice that they are invoking their right to indemnification under this Agreement. If Motorola fails to retain counsel within such time period and after providing reasonable notice, Cities shall have the right to retain defense counsel on their own behalf, and Motorola shall be liable for all costs incurred by Cities. 13.2. PATENT AND COPYRIGHT INFRINGEMENT. 13.2.1. Motorola will defend, indemnify and hold harmless at its expense any claim/suit brought against the Cities to the extent it is based on an Infringement Claim, and Motorola will indemnify the Cities for those costs and damages finally awarded against the Cities for an Infringement Claim. Motorola's duties to defend and indemnify are conditioned upon: the Cities promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the claim/suit and all negotiations for its settlement or compromise; and the Cities providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against the Cities by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 13.2.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola shall, at its expense: (a) procure for the Cities the right to continue using the Product; (b) replace or modify the Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Product and grant the Cities a credit for the Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. Motorola will proceed under Subsection (c) above only if Subsections (a) and (b) prove to be commercially unreasonable. 13.2.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Equipment, Motorola Software or Non-Motorola Software with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Equipment, Motorola Software or Non-Motorola Software; (c) Equipment, Motorola Software or Non-Motorola Software designed or manufactured in accordance with the Cities' designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Equipment, Motorola Software or Non-Motorola Software by a party other than Motorola; (e) use of the Equipment, Motorola Software or Non-Motorola Software in a manner for which the Equipment, Motorola Software or Non-Motorola Software was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by the Cities to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to the Cities extend in any way to royalties payable on a per use basis or or Cities' revenues, or any royalty basis other than a reasonable Motorola.CSA.FINAL.1.10.05.revision.doc 9 563153.v1 royalty based upon revenue derived by Motorola from the Cities from sales or license of the infringing Equipment, Motorola Software or Non-Motorola Software. 13.2.4. This Section 13 provides the Cities' sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. The Cities do not have a right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. Section 14 LIMITATION OF LIABILITY Motorola and the Cities acknowledge that they have negotiated the Price (among other things) in consideration of their agreement to limit certain of Motorola's liabilities. Except for the obligations set forth is Section 13.2.1, in no event is Motorola or any of its suppliers or licensors liable for any indirect, special, exemplary, consequential or incidental damages (including lost profits, lost revenues and other economic losses), however caused and regardless of whether such damages are foreseeable or whether Motorola has been advised of their possibility. EXCEPT FOR A CLAIM FOR PERSONAL INJURY, LOSS OF LIFE, OR DAMAGE TO REAL OR TANGIBLE PROPERTY CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY BY MOTOROLA, MOTOROLA'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES NOT EXCEED ONE AND ONE-HALF TIMES THE TOTAL CONTRACT PRICE. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide each other with Confidential Information. Subject to any obligations of the Cities under Texas law including the Open Records laws, each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. If an Open Records request is submitted to the Cities requesting documents marked by Motorola as confidential, the Cities will provide Motorola reasonable notice of the request, but Motorola will be required to take whatever steps are necessary under the Open Records Act to protect the documents. If the Attorney General rules pursuant to written determination that the confidential information is subject to disclosure, the Cities shall release such information. 15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to the Cities the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to the Cities any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to the Cities, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. The Cities will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell Motorola.CSA.FINAL.1.10.05.revision.doc 10 563153.v1 or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. If an Open Records request is submitted to the Cities requesting documents marked by Motorola as proprietary, the Cities will provide Motorola reasonable notice of the request, but Motorola will be required to take whatever steps are necessary under the Open Records Act to protect the documents. If the Attorney General rules pursuant to written determination that the proprietary information is subject to disclosure, the Cities shall release such information. Section 16 GENERAL 16.1. TAXES. The Cities have represented that they are exempt from federal manufacturer's excise, state sales tax and state property taxes. Based upon such representation, Motorola has not included any taxes in the Contract Price. Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates to the extent Motorola owns at least 50% of the affiliate or its right to receive payment without the prior consent of the Cities. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event provided that the Government and Public Safety business which submitted the RFP response is included in the Separated Business. 16.3 SUCCESSOR AND ASSIGNS. The Cities and Motorola, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are herby bound to the terms and conditions of this Agreement. 16.4 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.5. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 16.6. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.7. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.8. GOVERNING LAW. This entire Agreement is performable in Collin County, Denton County and Rockwall County, Texas and the venue for any action related directly or indirectly, to this Agreement or in Motorola.CSA.FINAL.1.10.05.revision.doc 11 563153.v1 any manner connected therewith shall be in Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 16.9. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any the Cities purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.10. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola, Inc. Attn: Commercial Law Dept. 6450 Sequence Drive San Diego, CA 92121 fax: 858 404-2594 City of Wylie Attn: Chief Randy Corbin 2000 Highway 78 North Wylie, Texas 75098 Fax: With a copy to: Attn: Courtney Kuykendall Abernathy, Roeder, Boyd &Joplin P.C. 1700 Redbud Blvd. Suite 300 McKinney, Texas 75069 Fax: 214-544-4044 16.11. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. The Cities will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist the Cities in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of the Cities in FCC or other matters. 16.12. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.13. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. Motorola.CSA.FINAL.1.10.05.revision.doc 12 563153.v1 16.14 AUDIT: The Cities reserve the right to audit the records and performance of Motorola during the term of the Agreement and for three years thereafter. The inspection will be limited to the verification of shipment to invoice quantities and shipment receipts. 16.15 SOVEREIGN IMMUNITY. The parties agree that the Cities have not waived their sovereign immunity by entering into and performing its obligations under this Agreement. 16.16 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. 16.17 APPROPRIATION OF FUNDS. Funds are not presently budgeted for the Cities performance under this Agreement beyond the end of the Customer's 2009-2010 fiscal year. The Cities will give Motorola sixty (60) days written notice if funds for Cities' performance are not budgeted to continue beyond that time. To the extent the Cities have provided the notice required above, the Cities shall not have liability for payment of any money for services performed after the end of Customer's 2009-2010 fiscal year unless and until such funds are budgeted. The Parties hereby enter into this Agreement as of the Effective Date. Motorola, Inc. City of Plano, Texas By: By: Name: Name: Title: Title: Date: Date: City of Allen, Texas City of Murphy, Texas By: By: Name: Name: Title: Title: Date: Date: City of Wylie, Texas By: Mindy Manson, City Manager Date: Motorola.CSA.FINAL.1.10.05.revision.doc 13 563153.v1 Communications System Agreement Motorola, Inc. ("Motorola") and the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas who are parties to an Interlocal Agreement for the purchase of a radio system (collectively referred to as "Cities" and individually as "City") enter into this "Agreement," pursuant to which the Cities will purchase and Motorola will sell the System, as described below. Motorola and the Cities may be referred to individually as a"Party" and collectively as the"Parties." For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In the event of an inconsistency or conflict between the provisions of this Agreement and the Exhibits, the provisions in this Communications System Agreement shall take precedence over the Exhibits, and any inconsistency or conflicts between Exhibits A through M will be read and resolved in their listed order. Exhibit A Approved changes to the Motorola Proposal including the following documents: (1) Post-Proposal Changes to Motorola Point by Point Responses to RFP (2) Redlined Proposed System Description dated December 4, 2009 (3) Redlined Proposed Implementation Plan Including a Preliminary Cutover Plan dated 12/4/09 (4) Redlined proposed System Pricing and Equipment List dated December 4, 2009 (5) Redlined Radio Coverage Analysis and Radio Coverage Maps dated December 4, 2009 (6) Coverage maps dated December 4, 2009 (7) Q&A Session 2 Follow-Up: PAWM Proposal Update(includes the updated pricing)dated December 4, 2009 (8) System Drawings Exhibit B Motorola's Response to the RFP Exhibit C Motorola "Software License Agreement" Exhibit D Payment Schedule as set forth in Section 8.2A of the RFP Exhibit E Insurance Requirements Exhibit F Insurance Certificate for the City of Plano, Texas Exhibit G Insurance Certificate for the City of Allen, Texas Exhibit H Insurance Certificate for the City of Wylie, Texas Exhibit I Insurance Certificate for the City of Murphy, Texas Exhibit J Affidavit of No Prohibited Interest Exhibit K Payment and Performance Bonds Exhibit L Enhanced System Support Statement of Work included in Motorola Response to the RFP Exhibit M "System Acceptance Certificate" Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan. 2.2. "Beneficial Use" means when the Cities first use the System or a Subsystem for operational purposes (excluding training or testing). 2.3. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or proprietary; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any Motorola.CSA.FINAL.1.10.05.revision.doc 1 563153.v1 obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party or information that is required to be released as determined by a written decision from the Texas Attorney General. 2.4. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.5. "Effective Date" means that date upon which the last Party executes this Agreement. 2.6. "Equipment" means the equipment that the Cities purchase from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. 2.7. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control and affects the geographical area in which the system is manufactured, staged, or installed (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.8. "Infringement Claim" means a third party claim alleging that the Motorola or Non-Motorola Equipment or Software provided, sold or distributed by Motorola to the Cities infringes upon the third party's United States patent or copyright. 2.9. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.10. "Non-Motorola Software" means Software provided or sold by Motorola to the Cities that another party owns. 2.11. "Open Source Software" (also called "freeware" or"shareware") means software that has its underlying source code freely available to evaluate, copy, and modify. 2.12. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.13. "Software" means the Motorola Software and Non-Motorola Software, in object code format that is furnished with the System or Equipment. 2.14. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.15. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. 2.16. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in the Technical and Implementation Documents. 2.17. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.18. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Section 3 SCOPE OF AGREEMENT, TERM AND DESIGNATION OF PROJECT MANAGER Motorola.CSA.FI NAL.1.10.05.revision.doc 2 563153.v1 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. The Cities will perform their contractual responsibilities in accordance with this Agreement. 3.2 SCHEDULE OF WORK. Motorola agrees to commence work immediately upon the execution of this Agreement, and to proceed diligently with said work in accordance with the Performance Schedule which provides that Motorola will achieve System Acceptance no later than December 31, 2010. 3.3. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a written change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. All requests for change orders shall be made through the Project Manager. The individual City upon whose behalf the request for that change order is made shall be responsible for all additional costs and/or expenses associated with the change order. "Extra" work or"claims" invoiced as such which have not been issued as a duly executed, written change order by the appropriate City Manager, will not be authorized for payment. A duly executed written change order shall be preceded by a request to the City Manager to execute said change order. 3.4. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 3.5. ADDITIONAL EQUIPMENT OR SOFTWARE. During the term of this Agreement, the Cities may purchase additional Equipment and Software under Section 3.3. In addition, for three (3) years after the Effective Date, the Cities may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. The pricing will comply with Section 13.2.1YYY of the RFP, which provides for a firm percentage discount off of the current list price of the Equipment or Software. Payment is due upon delivery and acceptance by the Cities in accordance with the Texas Prompt Payment Act (Texas Government Code Section 2251. For Equipment and Software purchased under this Section prior to System Acceptance which is intended to be incorporated into the System, title, risk of loss, and warranty will be controlled by this Agreement. Concerning Equipment and Software purchased under this Section that is not intended to be incorporated into the System or is purchased after System Acceptance, title and risk of loss will pass upon delivery and warranty will commence upon delivery. Motorola will send the Cities an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, the Cities may register with and place orders through Motorola Online ("MOL"), and this Agreement will be the"Underlying Agreement"for those MOL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at http://www.motorola.com/businessandgovernment/ and the MOL telephone number is (800) 814- 0601. 3.6. MAINTENANCE SERVICE. During the Warranty Period, Motorola will provide maintenance services for the Equipment and support for the Motorola Software and Non-Motorola Software pursuant to this Agreement, including the ESS Statement of Work. Those services and support are included in the Contract Price. If the Cities wish to purchase additional maintenance and support services for the Equipment during the Warranty Period, or any maintenance and support services for the Equipment after the Warranty Period, the description of and pricing for the services will be set forth in a separate document. If the Cities wish to purchase extended support for the Motorola Software or Non-Motorola Software after the Warranty Period, it may do so by ordering software subscription services as described in the Software Subscription section of the ESS Statement of Work. Unless otherwise agreed by the parties in writing, the terms and conditions applicable to those maintenance, support or software Motorola.CSA.FINAL.1.10.05.revision.doc 3 563153.v1 subscription services will be Motorola's standard Service Terms and Conditions, together with the appropriate statements of work. 3.7. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to the Cities solely in accordance with the Software License Agreement. The Cities hereby accept and agree to abide by all of the terms and restrictions of the Software License Agreement. 3.8. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to the Cities in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Non-Motorola Software may include Open Source Software. Motorola represents that, to the best of their knowledge, the Cities' use of Non-Motorola Software as described and provided for in this Agreement is a legally authorized use of said software, which does not constitute an infringement. The Cities enter into this Agreement relying on this representation. 3.9. SUBSTITUTIONS. At no additional cost to the Cities, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Cities. Any substitution will be reflected in a change order. 3.10 PROJECT MANAGER. The Parties agree that the City of Plano Radio System Manager shall be the Project Manager for the duration of the project which is the subject of this Agreement. The Project Manager shall be the liaison between the Cities and Motorola and all communication between the Cities and Motorola shall be made by and through the Project Manager. The Project Manager shall be responsible for project management services and technical expertise required to assure completion of the Project. In this capacity, the Project Manager is responsible for the oversight and facilitation of the successful completion of the Project. Section 4 PERFORMANCE SCHEDULE AND PAYMENT AND PERFORMANCE BOND 4.1 The Parties will perform their respective responsibilities in accordance with the Performance Schedule, included in the Motorola Response to the RFP. By executing this Agreement, the Cities authorize Motorola to proceed with contract performance. 4.2 In the event this Agreement amount exceeds $25,000.00, a Payment bond in the amount of not less than one hundred percent (100%) of the Agreement amount conditioned upon the payment of all person supplying labor or furnishing materials pursuant to the Agreement is required upon a form a provided by the Cities. In the event this Agreement exceeds $100,000.00, a Performance Bond in the amount of not less than one hundred and fifteen percent (115%) of the Agreement amount, conditioned upon the faithful performance of the Agreement, is required upon a form provided by the Cities. The bonds are attached hereto and incorporated herein as Exhibit"K." Section 5 CONTRACT PRICE, PAYMENT, INVOICING AND INSURANCE 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is in an amount not to exceed $19,104,907.00. If applicable, a pricing summary is included with the Payment Schedule. Motorola has priced the services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. Each City shall be responsible for an amount not to exceed the following: City of Plano; $12,271,398.00 City of Allen: $3,564,589.00 City of Wylie: $2,370,359.00 Motorola.CSA.FINAL.1.10.05.revision.doc 4 563153.v1 City of Murphy: $898,560.00 5.2. INVOICING AND PAYMENT. Motorola will submit invoices separately to each City according to the Payment Schedule. Except for a payment that is due on the Effective Date, each City will make payments to Motorola in accordance with the Texas Prompt Payment Act (Texas Government Code Section 2251. Each City shall only be responsible for the individual charges/costs for their City and shall not be responsible for any charges/costs for another City Each City will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Each City will be invoiced for the percentage of the full installment payment amount equal to the percentage of the total Contract Price allocated to each in accordance with the Pricing Summary. For reference, the Federal Tax Identification Number for Motorola, Inc. is 36-1115800. 5.3 FREIGHT, TITLE, AND RISK OF LOSS. Title, care, custody, control and risk of loss of the non- subscriber Equipment will pass to the Cities upon complete installation of the Equipment at the sites. Title and risk of loss of subscriber equipment will pass to the Cities upon delivery. Title to Software will not pass to the Cities at any time. 5.4 INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to each City at the address specified above. Software delivery shall be coordinated through the Project Manager. Storage, site delivery, and installation of the Infrastructure Equipment are the responsibility of Motorola until complete installation of the Equipment at the sites. Delivery and installation of any other Software and/or Equipment not specified in this section shall be coordinated through the Project Manager. Cities may change this information by giving written notice to Motorola. 5.5 INSURANCE AND CERTIFICATES OF INSURANCE. Motorola shall procure and maintain for the duration of the Agreement for the benefit of the Cities (listing each City, and its council members, officers, and employees as additional insureds on the general liability policy) insurance coverage as set forth in the Insurance Requirements marked as Exhibit "E" attached hereto and incorporated herein by reference. Motorola shall provide a signed insurance certificate for each City verifying that Motorola has obtained the required insurance coverage for each City immediately following the execution of this Agreement. Insurance Certificates for each City will be attached as follows: Exhibit "F" City of Plano, Texas Exhibit "G" City of Allen, Texas Exhibit "H" City of Wylie, Texas Exhibit "I" City of Murphy, Texas Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, the Cities will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites; and access to the work sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist the Cities in the local building permit process. Nothing contained in this paragraph shall be construed as the Cities' pre-approval or automatic approval of any type of permit or zoning application. Nor shall it be construed as the Cities waiver of its application and/or public hearing process. 6.2. SITE CONDITIONS. The Cities will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, the Cities will ensure, to the extent possible, that these work sites have adequate: physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola will inspect the work site Motorola.CSA.FINAL.1.10.05.revision.doc 5 563153.v1 and advise the Cities of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 7 TRAINING Any training to be provided by Motorola to the Cities will be described in the Statement of Work. The Cities will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because the Cities reschedule a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs from the individual City requesting or receiving the training. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to the Cities at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of all of the Acceptance Tests, whether it is part of the System or an individual subsystem. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate for the entire System, including individual subsystems. If the Cities believe the System has failed the completed Acceptance Tests, the Cities will provide to Motorola a written notice that includes the specific details of the failure. If the Cities do not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance , but will be corrected according to a mutually agreed schedule. 8.3. BENEFICIAL USE. The Cities acknowledge that Motorola's ability to perform its implementation and testing responsibilities may be impeded if the Cities begin using the System before System Acceptance. Therefore, the Cities will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, the Cities assume responsibility for the use and operation of the System. The term Beneficial Use will not include the use of any subscriber radios shipped under this Agreement and put into use on the current Cities' systems. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the Parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment or software not furnished by Motorola pursuant to this Agreement which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, Motorola.CSA.FINAL.1.10.05.revision.doc 6 563153.v1 such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or the Cities change to load usage or configuration outside the Specifications. If the Cities provide a notice under Section 8.2 that they believe the System has failed an Acceptance Test, then Motorola shall address and remedy the failure as soon as practicable and at no additional cost to the Cities. Such remedy shall include all equipment, systems, and services necessary to pass the Acceptance Test. When Motorola believes it has successfully remedied the failure, Motorola shall so notify the Cities in a writing that specifies the measures taken by Motorola to remedy the failure. Upon the receipt of such notice by Motorola, the Parties shall repeat the portion of the previously failed Acceptance Test, unless the test that fails is the 30 day reliability test discussed in the RFP, in which case the full test will be repeated in the event of a major failure as defined in the RFP. The re-testing shall commence as promptly as practical on a date reasonably acceptable to both the Cities and Motorola. Execution of the appropriate"System Acceptance Certificate"will constitute acceptance by the Cities. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the infrastructure Equipment (excluding expressly the shipment of any subscriber radios) by events or causes within the Cities' control, this warranty expires eighteen (18) months after the shipment of the Equipment. 9.3. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software (excluding any Software shipped with subscriber radios) by events or causes within the Cities control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; the Cities' failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, the Cities must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will (at its option and at no additional charge to the Cities) perform one of the following three options: repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System (including all Cities) for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Motorola.CSA.FI NAL.1.10.05.revision.doc 7 563153.v1 Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY THE CITIES. If the Cities (including their other contractors) delay the Performance Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional extension of the warranties; suspending and re-mobilizing the work; and preparing and implementing an alternative implementation plan. Delay charges shall not include freight, travel, additional engineering, project management or handling of Equipment or standby time. If the Parties agree that the System must be redesigned as a result of a delay, then such engineering costs to redesign the System will be included. Section 11 DISPUTES 11.1 In the event of a dispute regarding any aspect of this Agreement, the Parties shall refer the dispute to outside non-binding mediation for resolution prior to engaging in litigation. All Parties shall share equally in the costs of a certified mediator and each Party shall be responsible for their own attorney fees. Any mediation between the Parties shall be in Texas. 11.2 Disputes among the Cities that are independent of any dispute with Motorola shall be resolved according to the terms and provision of the interlocal agreement passed by resolution and adopted by each of the Cities titled: AGREEMENT BETWEEN THE CITY OF PLANO, TEXAS, AND THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY, TEXAS FOR JOINT RADIO COMMUNCIATIONS SYSTEM. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by the Cities for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. During any period of default by Motorola, the Cities will be relieved of any obligation to make any payment associated with the Motorola default. If the Cities are the defaulting Party, Motorola may stop work on the project until it approves the Cities' cure plan. 12.2 TERMINATION BY CITIES. Unilateral termination by any individual City is prohibited. 12.3. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement, subject to Sections 11.1 and 12.2 herein. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If the Cities are the non-defaulting Party, terminate this Agreement as permitted by this Section, and complete the System through a third Party, Customer may recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. To the extent required by law, the Cities will take reasonable actions to mitigate their respective damages and provide Motorola with detailed invoices substantiating the charges. Motorola.CSA.FI NAL.1.10.05.revision.doc 8 563153.v1 SECTION 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola shall release, defend, indemnify and hold harmless the Cities and their officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from and to the extent caused by the negligent performance of the work or caused by the negligent act or omission or intentional acts of Motorola, its officers, agents, employees, subcontractors, licensees, invitees or any third parties for whom Motorola is legally responsible (hereinafter"claims"). In their sole discretion, Cities shall have the right to reasonably approve defense counsel to be retained by Motorola in fulfilling its obligation hereunder to defend and indemnify the Cities, unless such right is expressly waived by Cities in writing. Cities reserve the right to provide a portion or all of their own defense; however, Cities are under no obligation to do so. Any such action by Cities is not to be construed as a waiver of Motorola's obligation to indemnify Cities pursuant to this contract. Motorola shall retain defense counsel approved by Cities within seven (7) business days of the Cities written notice that they are invoking their right to indemnification under this Agreement. If Motorola fails to retain counsel within such time period and after providing reasonable notice, Cities shall have the right to retain defense counsel on their own behalf, and Motorola shall be liable for all costs incurred by Cities. 13.2. PATENT AND COPYRIGHT INFRINGEMENT. 13.2.1. Motorola will defend, indemnify and hold harmless at its expense any claim/suit brought against the Cities to the extent it is based on an Infringement Claim, and Motorola will indemnify the Cities for those costs and damages finally awarded against the Cities for an Infringement Claim. Motorola's duties to defend and indemnify are conditioned upon: the Cities promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the claim/suit and all negotiations for its settlement or compromise; and the Cities providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against the Cities by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 13.2.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola shall, at its expense: (a) procure for the Cities the right to continue using the Product; (b) replace or modify the Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Product and grant the Cities a credit for the Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. Motorola will proceed under Subsection (c) above only if Subsections (a) and (b) prove to be commercially unreasonable. 13.2.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Equipment, Motorola Software or Non-Motorola Software with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Equipment, Motorola Software or Non-Motorola Software; (c) Equipment, Motorola Software or Non-Motorola Software designed or manufactured in accordance with the Cities' designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Equipment, Motorola Software or Non-Motorola Software by a party other than Motorola; (e) use of the Equipment, Motorola Software or Non-Motorola Software in a manner for which the Equipment, Motorola Software or Non-Motorola Software was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by the Cities to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to the Cities extend in any way to royalties payable on a per use basis or or Cities' revenues, or any royalty basis other than a reasonable Motorola.CSA.FINAL.1.10.05.revision.doc 9 563153.v1 royalty based upon revenue derived by Motorola from the Cities from sales or license of the infringing Equipment, Motorola Software or Non-Motorola Software. 13.2.4. This Section 13 provides the Cities' sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. The Cities do not have a right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. Section 14 LIMITATION OF LIABILITY Motorola and the Cities acknowledge that they have negotiated the Price (among other things) in consideration of their agreement to limit certain of Motorola's liabilities. Except for the obligations set forth is Section 13.2.1, in no event is Motorola or any of its suppliers or licensors liable for any indirect, special, exemplary, consequential or incidental damages (including lost profits, lost revenues and other economic losses), however caused and regardless of whether such damages are foreseeable or whether Motorola has been advised of their possibility. EXCEPT FOR A CLAIM FOR PERSONAL INJURY, LOSS OF LIFE, OR DAMAGE TO REAL OR TANGIBLE PROPERTY CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY BY MOTOROLA, MOTOROLA'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES NOT EXCEED ONE AND ONE-HALF TIMES THE TOTAL CONTRACT PRICE. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide each other with Confidential Information. Subject to any obligations of the Cities under Texas law including the Open Records laws, each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. If an Open Records request is submitted to the Cities requesting documents marked by Motorola as confidential, the Cities will provide Motorola reasonable notice of the request, but Motorola will be required to take whatever steps are necessary under the Open Records Act to protect the documents. If the Attorney General rules pursuant to written determination that the confidential information is subject to disclosure, the Cities shall release such information. 15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to the Cities the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to the Cities any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to the Cities, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. The Cities will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell Motorola.CSA.FINAL.1.10.05.revision.doc 10 563153.v1 or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. If an Open Records request is submitted to the Cities requesting documents marked by Motorola as proprietary, the Cities will provide Motorola reasonable notice of the request, but Motorola will be required to take whatever steps are necessary under the Open Records Act to protect the documents. If the Attorney General rules pursuant to written determination that the proprietary information is subject to disclosure, the Cities shall release such information. Section 16 GENERAL 16.1. TAXES. The Cities have represented that they are exempt from federal manufacturer's excise, state sales tax and state property taxes. Based upon such representation, Motorola has not included any taxes in the Contract Price. Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates to the extent Motorola owns at least 50% of the affiliate or its right to receive payment without the prior consent of the Cities. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event provided that the Government and Public Safety business which submitted the RFP response is included in the Separated Business. 16.3 SUCCESSOR AND ASSIGNS. The Cities and Motorola, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are herby bound to the terms and conditions of this Agreement. 16.4 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.5. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 16.6. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.7. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.8. GOVERNING LAW. This entire Agreement is performable in Collin County, Denton County and Rockwall County, Texas and the venue for any action related directly or indirectly, to this Agreement or in Motorola.CSA.FINAL.1.10.05.revision.doc 11 563153.v1 any manner connected therewith shall be in Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 16.9. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any the Cities purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.10. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola, Inc. Attn: Commercial Law Dept. 6450 Sequence Drive San Diego, CA 92121 fax: 858 404-2594 City of Wylie Attn: Chief Randy Corbin 2000 Highway 78 North Wylie, Texas 75098 Fax: With a copy to: Attn: Courtney Kuykendall Abernathy, Roeder, Boyd &Joplin P.C. 1700 Redbud Blvd. Suite 300 McKinney, Texas 75069 Fax: 214-544-4044 16.11. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. The Cities will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist the Cities in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of the Cities in FCC or other matters. 16.12. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.13. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. Motorola.CSA.FI NAL.1.10.05.revision.doc 12 563153.v1 16.14 AUDIT: The Cities reserve the right to audit the records and performance of Motorola during the term of the Agreement and for three years thereafter. The inspection will be limited to the verification of shipment to invoice quantities and shipment receipts. 16.15 SOVEREIGN IMMUNITY. The parties agree that the Cities have not waived their sovereign immunity by entering into and performing its obligations under this Agreement. 16.16 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. 16.17 APPROPRIATION OF FUNDS. Funds are not presently budgeted for the Cities performance under this Agreement beyond the end of the Customer's 2009-2010 fiscal year. The Cities will give Motorola sixty (60) days written notice if funds for Cities' performance are not budgeted to continue beyond that time. To the extent the Cities have provided the notice required above, the Cities shall not have liability for payment of any money for services performed after the end of Customer's 2009-2010 fiscal year unless and until such funds are budgeted. The Parties hereby enter into this Agreement as of the Effective Date. Motorola, Inc. City of Plano, Texas By: By: Name: Name: Title: Title: Date: Date: City of Allen, Texas City of Murphy,Texas By: By: Name: Name: Title: Title: Date: Date: City of Wylie, Texas By: Mindy Manson, City Manager Date: Motorola.CSA.FI NAL.1.10.05.revision.doc 13 563153.v1 Wylie City Council CITY OF WYLIF; AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 4 Department: Planning (Ciry Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: November 23, 2009 Budgeted Amount: Exhibits: Four Subject Consider, and act upon, a request to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public School. The Property being located at 405 South Highway 78 (Shell Gas & Convenient Store). Recommendation Motion to deny a request to eliminate the distance requirement between a Beer & Wine Package Sales F establishment and a public school. The property being located at 405 South Highway 78. Discussion APPLICANT: Saleem Rajani The property is located at 405 South Highway 78 and abuts the Hartman Elementary School (a public school). Per the Alcoholic Beverage Code Section 109.33 of Title 4, Subchapter C Local Regulation Of Alcoholic Beverages, the governing body of a municipality has the authority to prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. In addition, the TABC code allows that same governing body the authority to increase that distance requirement from 300 feet to 1,000 feet of a public school, if the governing body receives a request from the board of trustees of a school district under Section 38.007, Education Code. Subsection (e) of Section 109.33 allows the governing board of a city or town that has enacted a regulation under Subsection (a) of Section 1.09.33 to grant variances to the regulation if the governing body determines that: 1. Enforcement of the regulation in a particular instance is not in the best interest of the public, 2. Constitutes waste or inefficient use of land or other resources, 3. Creates an undue hardship on an applicant for a license or permit, 4. Does not serve its intended purpose, 5. Is not effective or necessary, or G. For any other reason the governing hoard, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. The applicant is requesting a variance to the distance requirement in accordance with the Alcoholic Beverage Code Title 4 Regulatory And Penal Provisions, Chapter 109. Miscellaneous Regulatory Provisions, Section 109.33, Subsection (e). The requested variance is to grant a distance of zero feet as measured in a direct line from property line to property line. Page 1 of 2 Page 2of2 The applicant concurs with the fact that the property boundaries are adjacent, but points out that the distance 1 between the front door of the school and the front door of the subject establishment is approximately 540 feet by traveling on city streets. State law allows municipalities to enact regulations that prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a school as measured in a direct line from property line of the public or private school to the property line of the place of business and in a direct line across intersections. In an effort to minimize the visual effect of the sale of beer and wine, the applicant has stated that they will construct a solid screening wall along the adjoining property lines of the Shell Station and Hartman Elementary School. CONSIDERATIONS: I. Location of baseball field back stop is approximately 42 feet from adjoining property line. 2. Provide screening wall along property line adjacent to school property. 3. No beer & wine advertisements shall be placed in a manner where it can he visible from any portion of the school property line. 4. No outside display of beer & wine advertisements. ATTACHMENTS: Exhibit A— Letter of Request Exhibit B— Aerial Location Map of the subject property and its proximity to not only the school property line but the playground and ball fields on the school property. Exhibit C — AG Opinion Exhibit D — Ordinance No. 200E-28 adopting Beer& Wine Regulations State law does not require a notification and public hearing on this matter. Approved By Initial Date Department Director RO 11-30-09 City Manager , '� "j EXHIBIT "A" WINSTEAD Austin Dallas Fort Worth Houston San Antonio The Woodlands Washington, D.C. 5400 Renaissance Tower 214.745.5400 orecc November 23, 2009 1201 Elm Street 214.745.5390 FAX Dallas,Texas 75270 winstead.com direct dial:214.745.5724 tmanr.(o7winstead.com Ms. Renae 011ie Planning Director 2000 Highway 78 North Wylie, TX 75098 Re: Variance Request for Shell store located at 405 S. Highway 78 Dear Ms. 011ie: The rear property line of the above referenced Shell convenience store is located within 300 feet of R.F. Hartman Elementary School. Furthermore, Article V, Section F (24)(e)(2) of the City of Wylie Zoning Ordinance prohibits the sale of packaged beer and wine for off-premise consumption within 300 feet of a public school. The purpose of this letter is to initiate a variance request from the requirements of Article V, Section F(24)(e)(2) of the City of Wylie Zoning Ordinance to allow the Shell convenience store to sell packaged beer and wine for off-premise consumption within 300 feet of R.F. Hartman Elementary School. While the property boundaries are adjacent, the distance between the front door of the school and the front door of the Shell station is approximately 540 feet by traveling on city streets. The ability to sell packaged beer and wine will result in significantly more sales and allow for the expansion of the existing store and additional sales and property tax for the city. A copy of the proposed expansion is enclosed with this request. Additionally, the owner of the store has a proven record of compliance with all state and local laws governing the sale of packaged beer and wine in many north Texas municipalities. Finally, the owner is willing to provide solid screening of its rear property line from R.F. Hartman Elementary School. Further detail will be offered on each of these points at the City Council hearing on the requested variance. Please schedule this request for consideration by the Wylie City Council at its earliest available hearing and do not hesitate to contact me should you need further information. Your attention to this matter is appreciated. Sincerely, Tom Mann cc: Art Anderson Saleem Rajani Dallas 1\544837111 50305-_1 11/23/2009 WiNSTEAD PC ATTORNEYS EXHIBIT "B" Subject Property showing ,,, if ;� , 1��4� property boundary t AO we i`y aj' ,G �/11)4 . � , 1,0 k 1D Po �//lUO errca l' ( ' � ne It! �'F" '' ,' ��/�1� f em z` �i t di6f Hartman Elementary U ^4'*' ///� l OR /'ji ffr 3C° %/�/!' ` o% / ` /6A d i School Property Line �04,%4, • (Chain 1 ink fence) n i/ it /// //� �,/ /%' �y>;i�� /' q� /v; 4%4K //4z //f// 0 /�7 ��f fi !,, „// r P77, ��„16,�rt11 pGr/ 7 UI/i%,, ,,ags, i�/o , fr�ffjl ,, �� „�/9/ j��i�,' �l�a/�//,� �i it-,,, :.. ,ApI , ��1, //,,,// //O /,po 7s,, to ,,,, 74% /Ol HI., r ,. er;rii 9'r ;, ��'..?,"l�"M,d�ml"" 't�jh ,,t7 /, ,,, L4DCCitE(,1P7 f.4f�3ill54",Baseball �'I(:ld, 'Wit i,L, ii '%/ Y �O�/ back stop. .�'lu. x. 42 feet /,/i // // ,mm ri�i�aom 1// / �!"fiG ,l,w "' J, ` / %�Viz P' P� � N•' /i/", /' F�/e�///% /% // % G� //P /�' j/ , / 'rorro property ling /j i �i,r I� " % G / //o/ //i4 %! �/ir'i ,..' - tip, /// ,////,/ % iiil;/ g � �jr;%�/� �„. �f,? 1/crrrnc2<,n/ gir,,;�w4 7 fly 7 o w/ e u�/ in e�rot � ' G v qJ 4/�/ /rye f//Y' 7/* r 9// j I �pl i �� /if , /�/% f1 / ,,11 fit �i� "el iir2 /� �J del ItN'f; �, ��/l �� , �� / r tr,+, /1 4 � //r l // , '1N/ wr guN 4" z / >/z �ff / �/ Man NVi1bVgfliti , /�/�///� / p ,444 qui!r _�_ - fhS opf ft�..., qbT/9iip� ';�,�i6 • r j or ATTORNEY GENERAL OF TEXAS GREG ABBOTT November 12,2003 The Honorable Fred Hill Opinion No. GA-0120 Chair, Committee on Local Government Ways and Means Re: Whether a city council of a home-rule city Texas House of Representatives may delegate to a municipal board the authority to P.O. Box 2910 grant a variance under section 109.33 of the Texas Austin,Texas 78768-2910 Alcoholic Beverage Code (RQ-0067-GA) Dear Representative Hill: You ask whether a city council of a home-rule city may delegate to a municipal board the authority to grant a variance under section 109.33(e)of the Texas Alcoholic Beverage Code.' TEX. ALco.BEv.CODE ANN. § 109.33 (Vernon Supp. 2003). Section 109.33 of the Alcoholic Beverage Code provides, in relevant part: (a) The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town,and the governing board of an incorporated city or town may enact regulations applicable in the city or town,prohibiting the sale of alcoholic beverages by a dealer whose place of business is within: (1) 300 feet of a church, public or private school,or public hospital; (2) 1,000 feet of a public school, if the commissioners court or the governing body receives a request from the board of trustees of a school district under Section 38.007, Education Code; or (3) 1,000 feet of a private school if the commissioners court or the governing body receives Letter from Honorable Fred Hill,Chair,House Committee on Local Government Ways&Means, to Nancy Fuller,Chair,Opinion Committee,Office of the Attorney General(Lune I6, 2003)(on file with Opinion Committee) [hereinafter Request Letter]. The Honorable Fred Hill - Page 2 (GA-0120) a request from the governing body of the private school. (e) The commissioners court of a county or the governing board ofa city or town that has enacted a regulation under Subsection (a) of this section may also allow variances to the regulation if the commissioners court or governing body determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources,creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary,or for any other reason the court or governing board,after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. Id. § 109.33(a),(e)(Vernon Supp.2004)(emphasis added). You ask whether a home-rule city may delegate the city council's authority to grant variances under subsection(e)to a city board. Request Letter, supra note I. On its face, section 109.33(e)does not permit a"governing board of a city or town"to delegate its authority to grant variances. On the other hand, a home-rule city is authorized to adopt any ordinance whose enactment is not expressly forbidden by statute,and the delegation of the authority to grant variances is not expressly forbidden by statute. "A home rule city derives its power not from the Legislature but from Article XI,Section 5 of the Texas Constitution . . . . [I]t is necessary to look to the acts of the legislature not for grants of power to such cities but only for limitations on their powers." Proctor v. Andrews, 972 S.W.2d 729, 732 (Tex. 1998) (citing Lower Colorado River Auth. v. City of San Marcos, 523 S.W.2d 641, 643 (Tex. 1975)). "While a home rule city thus has all the powers of the state not inconsistent with the Constitution, the general laws, or the city's charter . . . these broad powers may be limited by statute when the Legislature's intention to do so appears 'with unmistakable clarity."'Proctor, 972 S.W.2d at 732;see also Dallas Merchant's&Concessionaire's Ass'n v. City of Dallas,852 S.W.2d 489, 490-91 (Tex. 1993); City of Sweetwater v. Geron, 380 S.W.2d 550,552 (Tex. 1964). The legislature has narrowly circumscribed a home-rule city's authority to regulate alcoholic beverages. Section 109.57 of the Alcoholic Beverage Code provides, in subsection(b): "It is the intent of the legislature that this code shall exclusively govern the regulation of alcoholic beverages in this state . . . ." TEX. ALCo. BEv. CODE ANN. § 109.57(b) (Vernon Supp. 2004). In Dallas Merchant's, the Texas Supreme Court held that the Alcoholic Beverage Code preempted a City of Dallas ordinance that prohibited the sale of alcoholic beverages within 300 feet of a residential area. Dallas Merchant's,852 S.W.2d 489. The court reviewed the history of the 1987 adoption of section 109.57 and observed that "[t]he Legislature's intent is clearly expressed in section 109.57(b)of the [Alcoholic Beverage Code] —the regulation of alcoholic beverages is exclusively governed by the provisions of the [Code] unless otherwise provided." Id. at 491-92. The Honorable Fred Hill - Page 3 (GA-0120) In the situation you pose, the legislature has provided, in section 109.33(e), that the "governing body" of a municipality is authorized to grant variances in the regulation of alcoholic beverages. TEX.ALco.Bev.CODE ANN. § 109.33 (Vernon Supp.2004). Delegation of this power to a board that is subordinate to the city's governing body would clearly conflict with the statutory directive that vests this responsiblity with the governing body itself. Because, under the terms of section 109.57(b), the Alcoholic Beverage Code"exclusively govern[s] the regulation of alcoholic beverages," and because exercise of the authority to grant variances clearly constitutes "the regulation of alcoholic beverages," we conclude that a home-rule city may not delegate to a municipal board the authority to grant variances under section I09.33(e) of the Texas Alcoholic Beverage Code. The Honorable Fred Hill - Page 4 (GA-0120) SUMMARY• A home-rule city may not delegate to a municipal board the authority to grant variances in the regulation of alcoholic beverages under section 109.33(e) of the Texas Alcoholic Beverage Code. Very truly yours, or / ..--- za.....‘„W" EG • 1 BiOTT Attom'-ral of Texas BARRY R. MCBEE First Assistant Attorney General DON R. WILLETT Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Rick Gilpin Assistant Attorney General, Opinion Committee ORDINANCE NO. 2006-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S ZONING ORDINANCE NO. 2001-48, ARTICLE 5 (USE REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION F (RETAIL, PERSONAL SERVICE & COMMERCIAL) AND SECTION 5.2 (LISTED USES), SUBSECTION F (RETAIL, PERSONAL SERVICE AND COMMERCIAL USES) TO ESTABLISH REGULATIONS GOVERNING THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations), of the City of Wylie, Texas("Wylie"), should be amended to regulate the sale of alcoholic beverages;and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2001-48, Article 5 (Use Regulations)as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SEC I ION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations) Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial). Article 5 (Use Regulations), Section 5.1 (I and Use Charts), Subsection F (Retail, Personal Service & Commercial) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add number 24 and amend numbers 20 and 21,as follows: Ordinance No.2006-28 Regulations governing the sale Of Alcoholic Beverages Permitted Nowitratikadid tMautab tAaS Us f C i B ; �^ w+ n ,W wvt r .. ... r ; S ib ' R 7 r M . MU P. 1lotatlt NS f t ' CC lJ 1*4, m r,� °_. °° , PYM m nryq,�lSve G , "4, °., " C'om.,acct. xy, 20.Restaurant with p* pa pr. Drive-in or Drive- through Service 21.Restaurant without p* p* p* p* p* p* Drive-in or Drive- through Service 24.Beer &Wine p* p* p* pa Package Sates SECTION 3:Amendment to the Zoning Ordinance No. 2001-48,Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses) Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F(Retail,Personal Service and Commercial Uses) of Wylie's Zoning Ordinance No.2001-48 is hereby amended to add the following: 24. Beer&Wine Package Sales. a. Definition: An establishment, including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area; however for retail sales made at a Motor Vehicle Fueling Station the required parking shall be a minimum of four spaces. d. Required Loading: Square Feet of Floor Required Loading Area S aces 0—10,000 None 10,001—50,000 1 Each additional 1 10,000 or fraction thereof e. Additional Provisions: Beer & Wine Package Stores shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: Ordinance No,2006-28 Regulations governing the sale Of Alcoholic Beverages (1) The establishment shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (2) The establishment shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (3) The distance between a Beer & Wine Package Sales Establishment and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (4) Beer sales are not permitted in residential areas. Residential areas include properties that are zoned in any Residential District category or a planned development that allows residential uses or vertical mixed use developments with a residential component, because these zoning districts are part of the neighborhood(s) within which they are located. Notwithstanding, a planned development ordinance may allow for Beer & Wine Package Sales at designated locations in the planned development that meet the requirements set forth herein. (5) Beer & Wine Package Sales establishments that derive more than 75% of their gross revenue from the sale of beer and/or wine: a. Are permitted only by Specific Use Permit in the CC, LI, HI and DTH zoning districts; b. Shall not be located closer than 1,500 feet from another Beer & Wine Package Sales Establishment that derives more than 75% of its gross revenue from the sale of beer and/or wine, measured building-to-building(or outer wall of the lease space) in a straight line; c. Shall not be located closer than 800 feet from the building to the property line of a residential zoning district, including residential portions of a planned development zoning district; and d. Shall not be located closer than 1,500 feet from the property line of a City park, or the property line of a property owned by a church, public hospital, public or private school, public or private college/university, rehabilitation care institution, or child or adult day care, measured in a straight line from front door of the establishment to the nearest property line of a residential zoning district, City park, church, public or private hospital, public or private school, public or private college/university, rehabilitation center, or child or adult day care. SECTION 4: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses), paragraphs 20 and 21. Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F(Retail, Personal Service and Commercial Uses), paragraphs 20 and 21 of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to read as follows: 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means: Ordinance No.2006-28 Regulations governing the sale Of Alcoholic Beverages (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement. d. Required Loading: Square Feel of Required Loading Floor Area Spaces 0— 10,000 None 10,001 —50,000 I Each additional 10,000 1 or faction thereof e. Additional Provisions: (1) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (2) The "Additional Provisions" listed in paragraph 21, subpart e., below, for "Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement with no fewer than 8 provided. Ordinance No,2006-28 Regulations governing the sale Of Alcoholic Beverages d. Required Loading: Square Feet of Floor Required Loading Area Spaces 0- 10,000 None 10,001 -50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) Restaurants are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13, 2006. For property annexed into the City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol are only permitted by specific use permit and may only be located in the zoning districts where the applicable type of restaurant is designated as "P*" on the Land Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance No. 2001-48, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Savings/Repealing Clause: Wylie's Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent Ordinance No.2006-28 Regulations governing the sale Of Alcoholic Beverages a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 7: 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 8: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 25th day of April 2006. John ondy, M or \�\�tunuuir % am All'EST: SE i l '= EA CaroleEhrlic. City Secretary ,4/E, TEXP‘``��`,` �nnnnn"� Date of publication in The Wylie News—May 3,2006 Ordinance No.2006-28 Regulations governing the sale Of Alcoholic Beverages Renae' 011ie From: Fuller, Dr. H. John Sent: Monday, December 07, 2009 4:11 PM To: Renae'011ie Cc: Miller, Brian; Mindy Manson; Home Email -Goss, Barbara; Fuller, Dr. H. John; Home Email- Goff, Lance; Home Email-James, Ralph; Ronni Fetzer; Home Email- Fetzer, Ronni; Home Email-Gooch, Stacie; Home Email- Nicklas, Sue; Home Email - Shuler, Susan Subject: Request for Variance at 405 S Hwy 78 Honorable City of Wylie Council Members and City Planning Staff, As Superintendent of the Wylie Independent School District, I respectfully ask you to deny the request for a variance from the property owner of the Shell Gas Station located at 405 S. Highway 78. The sale of beer and wine within 300 feet of a public school is not acceptable in our community, and certainly not acceptable to this superintendent. Thanks for your time and consideration of my request. H. John Fuller, Ed.D. Superintendent of Schools 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 5 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 11/09/09 Budgeted Amount: Exhibits: Three Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural/30 to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (U.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 Recommendation Motion to amend the zoning from Agricultural/30 to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 Discussion Owner: Mr. Javier Trejo Applicant: Mr. Javier Trejo (Hooper Road Body Shop) The subject property is located adjacent to the Regency Industrial district east of Hooper Road and approximately 410 feet south of Steel Road and totals 1.71 acres. The property is currently zoned Agriculturali30 and has been used for single-family homesteading and agricultural uses. A natural drainage channel (creek) bisects the middle of the property running in a northwesterly direction. The applicant proposes to develop a 3,375 square foot single storey automotive paint and body repair facility on the front portion of the property with overhead bay doors oriented towards the north and south, with limited outdoor storage. Access will he provided via Hooper Road. Auto Repair, Major use is defined as a facility used for maintenance, repair, and restoration or rebuilding of vehicles under 6,000-pounds gross vehicle weight. This includes engine rebuilding, bodywork and painting. Light Industrial districts are intended to provide for less-intensive assembly, warehousing and distribution of products from previously prepared materials and parts. The primary focus should he industrial and commercial uses that serve regional, state and national markets. Automotive Repair, Major uses are allowed within the Light Industrial zoning district by Specific Use Permit (SUP). An SUP provides a means of oversight and evaluation by the Commission and City Council of certain uses as to its probable effects upon adjacent properties and the community's welfare by assuring appropriateness and compatibility with surrounding land uses. Page 1 of 2 Page 2of2 Water and sanitary sewer services are available for development of the property consisting of 8" sewer service line at the front of the property and 8" water line on the east side of Hooper Road. The front half of the property is generally flat and gradually slopping towards the natural channel. No right-of-way dedication is necessary for Hooper Road at this time. The Zoning Exhibit shall serve as the preliminary plat. PLANNING COMMISSION DISCUSSION The Commission discussed the screening requirements surrounding the open storage area of the site and desired a masonry wall as opposed to the 7' high chain link fence that was shown on the plans. The plans also indicated chain link fencing surrounding the front and sides of the property. The applicant stated that the fencing was not needed for security purposes as the vehicles would be stored within the building. After much dialogue and in an effort to not make the subject property look so industrialized, it was determined that there would not be any chain link fencing surrounding the property. The outside storage will be enclosed with solid masonry walls with a gate. Other comments during the public hearing were in regards to drainage and flooding issues in the area. Staff reiterated to those in attendance that TCEQ does have strict regulations related to auto repair shops and the oils and chemicals that are used in the facility and how they are disposed of In addition, the City Engineer would review plans to certify that proper measurements are taken prior to construction. Planning and Zoning Commission voted 5-0 to recommend approval. CONSIDERATION: The proposed redevelopment of the property shall be in compliance with current nonresidential design requirements including exterior building material, site and landscape designs. The Comprehensive Plan designates Light Industrial uses for the subject tract. Surrounding properties to the north and west are zoned Light Industrial and are either vacant or transitioning for commercial or industrial uses. Notification/Responses: Eleven (1 I) notifications were mailed, with one written response returned opposing the request, and one written response returned being neutral but expressing concerns that aesthetics and screening requirements are met. Approved By Initial Date Department Director RO I I/l0/09 City Manager f / ' Exhibit "A" Legal Description Zone Case#2009-07 Situated in the State of Texas, County of Collin, and in the L.K. Pegues Survey, Abstract No. 703, being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715, Page 708 of the Collin County Deed Records and being more particularly described as follows: COMMENCING FOR REFERENCE at the Northwest corner of said five acre parcel; THENCE South 88 degrees 01 minutes 49 seconds East, a distance of 30.02 feet to and iron rod in the east line of Hooper Road, marking the Principle Place of Beginning for the herein described tract; THENCE with the North line of said five acre parcel, South 88 degrees 01 minutes 49 seconds East, a distance of 466.88 feet to an iron pipe marking the northeast corner of said five acre parcel; THENCE with the East line of said five acre parcel, South 00 degrees 36 minutes 25 seconds East, a distance of 160.00 feet to an iron rod; THENCE North 88 degrees 02 minutes 18 seconds West, a distance of 468.57 feet to an iron rod; THENCE North with the East line of Hooper Road, a distance of 160.00 feet to the Principle Place of Beginning and containing 1.717 acres of land, more or less. 1'%IIINIII► / s Subject ., �! ! Properly 1 , _.err �. � _. ill �1�S /-ten �N/r b�, t� i .011j _ �..,, �— Si. IHIII/i111UU' ,.,,r *I I ; F. M 54,1 ' ' __.._ ' {` t , • • I� [[ s� • • \teat Hood N l -�. , - _ _ a ! '{ 4 ' I r 3 '..... i LOCATION MAP ZONING CASE #2009-07 —Lots Nl /Th0 o .Al '.DO ID OIL xnc4 .A,,,». o assan' to ANA. . �I n AS 544 W KAB SREWr e.x H I I it' Al .4 ISTORA. � v :cu wF,• sZS E 2'AA Fft W pO — o o F � �L ZONN` A _. E : 1 / o �� ars mm � L"Nli MN r IA I V. t Wrvc I . LI—<., NG r SAVANT LOT �a `1 I A&AAA as x' 4N9F flE JNE 'fr, \ aw �_ _i— 4s8.5T AG/3G VACANT AT SITE PLAN SUM-M.ARY wrcti5 AA,. F WA•AOC 108991]IXW.. rseAS AKA=u.(ALA AL AVA) /�'\ 501 Alf ALLALL;ALL A'.i:) 8 1 T E P L A N V ly AA S Aa G NG s 5575,PFT. wYtX 86.Nh 1 1.R 46 f31 sses NYl4 8611 d .CCVHN ses.-AL Leo`H rtiR AAA Fl15 i NM/N ALA ,4 1I sew 1-k}RAJA�T. AEA SAn A WANGLE', AEA 1 5 so S.OFAE£ IOW AWLS AAA 841 f4}RAJA..k'•AP=2 PF43XE0 AAA AWES. Ax J L .OISM:I'.Y RESEW S AA 0,2-KdXVA[or AAA&6 fi /4'PALM SPhT plYKv"NS LA IE MO[X ID OAP AA YnFl) ZONING EXHIBIT /C2009--07 SOP RLQOLJi & R`--/_'ONP FROM AGj30 TO Li Hooper Road Body Shop I . reques Survey Aasbed No. f,o 1 I Javier Trejo RDGS-9 . 1 e ;219 nM1Low tOIM 94 16. AA.WS CALA W LW IA AAA' ASA nm ;o-o.bu NOTIFICATION REPORT APPLICANT: 5ohrab Sohrabi of CTS Commercial, LLC APPLICATION FILE 2009-07 7503 Blossom Lane Frisco,Tx 75034 # 3LK/ABS1 LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Sohrab Sohrabi 7503 Blossom Lane 1 CTS Commercial, LLC Frisco, Texas 75034 Hooper Business Pk North Texas DI&lot of the PC) Box 1188 2 Blk A Lot 10 R-2589-00A-0100-1 Assemblies of God Hurst, Texas 76053 Hooper Business Pk 1719 Analog Drive 3 BIk A 11 R-2589-00A-0110.1 Jamieson &Jamieson, Ltd. Richardson,Texas 75081 Hooper Business Pk 701 Royal Birkdale Drive 4 BIk A 12 R-2589.00A-0120-1 LLTK Reairy, LLC Garland, Texas 75044 Hooper Business Pk 17888 FM 2755 5 BIk A 15 R-2589-00A-0150-1 Michael Sargent Lavon, Texas 75166 New Heights Baptist 645 Laredo Drive 6 BIk 1 Lot 1 R-9555-001-0010-1 New Heights Baptist Church Murphy, Texas 75094 326 Hooper Road X 7 Abst 835 Tract 15 R-6835.000-0150-1 Evelyn McCuriey Wylie, Texas 75098 PO Box 1 149 8 Abst 835 Tract 13 R-6835-000-0130-1 Juan Dlaz Wylie, Texas 75098 1218 Wilow Point Drive 9 Abst 703 Tract 10 R-6703-000-0100-1 Javier Tejo Murphy,Texas 75094 331 Hooper Road 10 Abst 703 Tract 3 R-6703-000-0030-1 George Ross Wylie, Texas 75098 Donald Herzog 800 E. Campbell Road #130 11 Abst 703 Tract 12 R-6703-000-0120-1 Woodbridge North 1, Ltd Richardson, Texas 75081 12 13 14 15 16 17 18 — -- --\ - — — 1 S�ce` Rap( a.) 53 f /l ^ a Steel Roo.; L.1� ryb Pump Station N cr 9 t) 11111 1 A B35A. korc i �r Y'jry 0.> ),„,,sot htr §��; „ P um ISM, e 49, �- "" WF 1 , i WS S�r"b;� dies � r °l�i v � d Vitt : -- 1 Tr I5 4'-` e ,7 .14 1 x�t' n t i I afW.Wb(,' b P St'. P, -, A N" ...��3 a uzxi E a om dD M _�_..�.. — I _� ' , 1., �� '1'' v o' F 4+ rAS t T '� �i � P r'^l! iC � �� o s� s7 �r'4"124 0Y �ir Vb '1 ry V LIIN a 0u'ill r"•rd ?� � r'il)d,1. W,*114 l � rwrr.. rnllfl-0 M t '00,y~'A' k s r� ° is dp�e " ii ��` �s , II, `ry my„, , h� a �4,, , , r h III , v� I pf 7 New Heights *'�,;° I �,.''' P2 & ry 1 ' tpp� , p. Bap% Church if " 4 ,"t4 x r'ili' � u , , �f�a ,l�A?<<i? ,44 34t1 Addition _. _ .. _. _ . _ _ . � i i i U 1 _ - _ - _ . _ .. r r?, i i 503 b i_anm, 1 Addn ;( p\""-) ,t sm � \ i O \ I O ./ ' \ I \ } \ \ I i OWNER NOTIFICATION MAP x= A3(xms+ °yr ZONING CASE #2009-07 PUBLIC COMMENT FORM (Please Ape or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-07. ✓ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 3, 2009, 6:30 pm. Municipal Complex,2000 Highway 78 North,Wylie,Texas. Date,Location&Time of City Council meeting: Tuesday,December 8,2009,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: E✓`-1. h N Jo C CGa!4 �( (please.print)/ Address: 3 t�/"" ""<a'� Q0 ,,t R /` 0/ ¢mil f 72 ?sbJ`'S signature: yEr�, /'1 COMMENTS: %' � i riAarr-y'' �rutIrart,ry ✓ i`rb� r �' 4;1' a i, 7 ,✓� ' 11 flat'Honoring t talo with Traditional WAWA I, 11-2-09 To: Planning and Zoning Commission, Wylie, Texas Case Number: 2009-07 We wish to express our concerns with the planned development across the road from the church. We do not have a problem with the change of zone to something allowing an auto repair shop to go in there as long as it is a brick building meeting city standards. We do want to express the need for proper set-backs and screening from the street. We do not want cars needing repair to be lined along the street in front of the building. We would rather the cars needing repair be placed in the rear of the facility thus screening the cars from the street. An additional concern would be to point out that this area does flood from time to time. Oil and gas issues could pose an environmental threat to the creek and the lake to our south. When we purchased our land and started planning this development we were told we could not have our parking Iot in the front of the church. This requirement cost the church a great deal of money to make the needed adjustments. We are simply asking for similar consideration and for the plan to protect the curb appeal of this growing area. We hope these concerns can be met and this opportunity for business to grow in our city. Sincerely, Pastor Steve Foster New Heights Baptist Church Pastor Steve Foster - 340 Ilooper Road Wylie TX 75098 - 972-278-5577 - www.nhbewylie.com ° f,o,• 1 1\9 00 a iD0 ‘a V 4 le 466:30 .� 1 w �8 METING� 24 WIDE P FE fAN rorm=12=4 Q. AAA 4 �! a+r. -r: / iJ r/wwt ill z 04 F� T t0• I`o. TO _ F/ t "� / P z7/793Tb 4;1: /% 0 flic O'. ,, atzz w d.n AB AB -'34 ARA BA 2,46 45851 LANDSCAPE PLAN u Iv LANDSCAPE NOTES {`, i� _.....PLANT MATERIALS LIST Cnn'a .... a �• ..-..`r. i 1. Po ..y Raae Inaly '__ wee .........mM. ®.... _._..._ .x w.s. J _- -J'hk,..........,r,:,,.m...,,, ww a.,, I - ' .mow. K�" .._.+.....-.... - __. _ t� _ «:.3.T.vitt:T w.7 5�ue Co en z.um pry a ms w w BBB,e.vm.h .ee,. _ 1 _� LANDSCAPE PLAN E._._.._...._• ____.._ Hooper" `—`"" ""..'""' Road Body Shop • . .��,� � �� LANDSCAPE DESIGN REQUIREMENTSpii P J r -- - i.K. P¢ques Survey Abstract No ]per '- 1 ix -ram I t r�,w,..c .� w0^'e*n� . .k.e Ir .r..; w. Pc..- ,,, ,,,,�„ w.m.a - Javier Treja RUGS-Architects eeyn. zz.ep! 'a w[ —t emmz rn.µ. ,,,a 3t a Pow 34 041 IHSI KCW SIFSif.512 IN W L ..rm.srnv c RAB.BIBB x T'.b.akc B t•BARBA m,ABBA•. I WPFNI'.RYAS 13Cii C6Ml EK\5 'S^G9 WIL 14-I�C3 �~ RD G m e 1 11 — Ir1 , . . . 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Ordinance No. 2009-37 adopting the 2006 Edition of the International Fire Code, save and accept the deletions and amendments set forth herein and amending Chapter 46, Article Ill (Fire Code) of the Wylie Code of Ordinances, Recommendation A motion approving Ordinance No. 2009-37 adopting the 2006 Edition of the International Fire Code, save andi accept the deletions and amendments set forth herein and amending Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances. Discussion Wylie Fire—Rescue and the City of Wylie are currently an Insurance Services Office Class One rated municipality. In an effort to maintain the current ISO rating and remain proactive in fire prevention, the Wylie Fire Prevention/Community Risk Reduction Division has been actively participating in the North Texas Council of Governments Fire Advisory board meetings. The goal of the Fire Prevention/Community Risk Reduction Division is to prevent deficiencies in future ISO PPC ratings, due to fire code, and remain current in relation to industry standard fire code. The Wylie Fire department requests the adoption of the 2006 International Fire Code. Approved By Linda! Date Department Director RC 10/22/09 City Manager r i r Page I of 1 W11 )( fax axw - CH i 1 O i' 1'V Y l, S To: Chief Randy Corbin From: Capt. Steve Seddig, City of Wylie Fire Marshal Date: December 8, 2009 Subject: International Fire Code (IFC) 2006 Ordinance Findings • Wylie's Building Department adopted the International Building Code (IBC) 2006 March of 2008. • The current Fire Code is IFC 2003. • Recent ISO evaluations indicate, in order to receive credit, current fire code must be enforced. Wylie Fire Rescue's Prevention/Community Risk Reduction Division (P/CRRD) continues to strive for the life safety and fire safety of its citizens. The fire department continues to maintain a P/CRR program that consists of providing fire safety plan reviews of new development, annual inspections for businesses within the city limits and enforcement of the adopted fire codes. This current program is a proactive approach to addressing fire safety throughout the City of Wylie. Conclusions • The most recent fire code is the IFC 2006 • Fire code and building code conflicts can be avoided by adopting the IFC 2006. • Maintaining ISO 1, Pubic Protection Classification (PPC) rating requires adoption of the most recent fire code versions. In an effort to continue to be proactive, the Wylie Fire Marshal has been involved in the North Texas Council of Governments' Fire Advisory board meetings as a board member. This has provided a comprehensive representation of the direction fire code and the industry standards. The current industry standard has been internationally recognized codes. The International Fire Code Council encourages state and regional participation in code development, training and enforcement. This minimizes differences in code interpretations and unifies code changes with industry. The NTCOG Fire Advisory Board membership consists of 18 members from the DFW Metroplex. Many regional changes are submitted to the International Fire Code Council for review and adoption if the changes are applicable throughout industry. Recommendations Wylie is currently enforcing IFC 2003. The latest building code is IBC 2006. The Wylie Fire Rescue P/CRRD in the past has maintained the equivalent code in relation to the building code department. In cooperation with the Wylie Building Official, I recommend adoption of the 1 International Fire Code 2006 with the NTCOG Fire Advisory Board, applicable regional amendments to include local amendments, and Adopt Appendix D with local amendments. Listed below is the North Central Texas Council of Governments (NCTCOG), Fire Code Board sections that have changed from the IFC 2003 to IFC 2006. Section 102.4: Application of other codes. This was a definition change only. The new, clarified NCTCOG definition was inserted. Sections 106.2.1 & 106.2.2: Inspection requests, approval required. These definitions were absent in the IFC 2003 and inserted in the IFC NCTCOG. These insertions make it the duty of the requestor to notify the code official for inspections and approvals. Sections 307.4, 307.4.3, & 307.5: Outdoor burning locations, trench burns, and attendance. These sections were in the IFC 2003 and due to numbering conflicts, were renumbered for the IFC 2006 revision. Section 308.1.1.1: Exceptions 1 & 2 were changed from measuring propane in gallons, to measuring propane in pounds. This is in line with the propane industry methods. Section 401.3.4: Fire Alarms & Nuisance Alarms. This was a new addition to the NCTCOG amendments. This better defines the problem of false alarms. Section 503.3 Marking: This clarified the fire lane marking requirements which were also in the IFC 2003 amendment. Section 505.1 Address Numbers. This addition changed the commercial building numbering/address numbers height. The change was from 3" to 6". Section 511.1 Signal strength in buildings. This addition is a new provision and addresses radio signal strength in buildings. Give a method to address public safey radio reception problems within commercial structures. Section 807.4.3.2 and Section 807.4.4.2. This exception addition address corridors and decorative materials. Changing from; 20% allowance of the wall covering to 50% allowance with a fire sprinkler system. Section 901.6.1.1 Standpipe testing. This section addition requires testing of standpipes on a schedule. Section 903.2.10.6 Buildings Over 6000 sq. ft. This was a NCTCOG fire sprinkler requirement change from 12,000 sq. ft. to 6000 sq. ft. currently the building department is under the IBC 2006, NCTCOG amendments and the requirement is in line with the Wylie Building Department. Section 903.4.2 Added paragraph. This section addition requires alarm devices, installed outside to be weather proof. 2 905.3.8 Building area. This section addition requires building standpipes in buildings with over 10,000 sq. ft. of area per floor. 907.1.3. Design standards. This section addition requires alarm systems up grade after exceeding 20 devices. 907.2.24 Mechanical system smoke detectors. This section was added as a local amendment that defines location of smoke detectors within a commercial HVAC unit. 907.2.24.1 Installation. This section was added as a local amendment defines the standard for installation of HVAC smoke detectors. 907.2.24.2 Controls operation. This section was added as a local amendment and details the operation of a HVAC system when a smoke detector activates. 907.2.24.3 Supervision. This section, with two exceptions, was added as a local amendment and details the connection of HVAC smoke detectors to and alarm system. 907.6.1 Installation. This section addition requires a specified smoke detector alarm wiring method. 909.1 Scope and purpose. This section was added as a local amendment and redefines atriums in relation to challenges of smoke removal. 909.1.1 Supersession of 2006 International Building Code. This section was added as a local amendment in cooperation with the building department to address the change to the building code atrium definitions. 910.1; This section amended exception 2, allowing reduced smoke removal requirements to facilities utilizing ESFR sprinkler heads. 910.2.4 Group H. This section addition defines H occupancies and requires smoke removal for these facilities. Table 910.3 changed the title to address the H occupancies. Section 910.3.2.2 This section added a paragraph to detail smoke removal activation temperatures. 913.1 This section added a paragraph requiring a door to the outside, on a fire pump room. 1007.2.2. Where elevators are utilized. This section was added as a local amendment to change elevator car size to accept an emergency medical services cot. 1009.4.1 Stairway Landings. This section was added as a local amendment to change stairway landings to accept emergency medical services cots. 3 1017.1 This section added an exception, reducing the fire resistive rating on Group B occupancy corridors with automatic fire alarms with smoke detectors in corridors. 1020.1.7 Smoke proof enclosures. This section further defined smoke proof enclosures in buildings. 1028.2 Reliability. This section addition requires exit accesses be maintained and security devices to be approved by the fire code official. 3804.3.2 Spas, Pool Heaters, and other listed devices. This section allows LP-Gas containers. Locally amended and changed to allow such devices to be installed only underground. This is the extent of the changes from NCTCOG, IFC 2003 amendments to IFC 2006 Amendments. 4 ORDINANCE NO. 2009-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2004-22; ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; AMENDING CHAPTER 46, ARTICLE III (FIRE CODE) OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance No. 2004-22; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to amend Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances; and WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2006 Edition of the International Fire Code (the "2006 International Fire Code"), save and except the deletions and amendments set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION L: Findings Incorporated. The findings set forth above arc incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2004-22 Repealed. Wylie Ordinance No. 2004-22 is hereby repealed in its entirety and replaced by this ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2004-22 shall be repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance No. 2004-22, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 2004-22. SECTION 3: Adoption of the 2006 International Fire Code. The International Fire Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the amendments set forth below, is hereby adopted as the fire code for Wylie, prescribing regulations governing conditions hazardous to life and property from tire, hazardous materials or explosion in the city. The 2006 International Fire Code, save and except the amendments set forth herein, is made a part of this article as if fully set forth herein. One copy of the 2006 International Fire Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'I Fire Code Ordinance Page I 537640-I Code, copyrighted by the International Code Council, Inc., is on file in the office of the Wylie city secretary being marked and designated as the 2006 International Fire Code. SECTION 4: Adopting the 2006 International Fire Code. The 2006 Edition of the International Fire Code as published by the International Code Council is hereby amended as follows by way of additions, deletions and amendments: "ARTICLE Ill. FIRE CODE Sec. 46-41. Adoption of the 2006 International Fire Code. The International Fire Code, copyrighted by the International Code Council, Inc. save and except the amendments set forth below, is hereby adopted as the fire code for the city, prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion in the city (the "2006 International Fire Code"). The 2006 International Fire Code, save and except the amendments set forth herein, is made a part of this article as if fully set forth herein. One (1) copy of the 2006 International Fire Code, copyrighted by the International Code Council, Inc., is on file in the office of the city secretary being marked and designated as the 2006 International Fire Code. (Ord. No. 2004-22, § 3, 6-8-2004) Sec. 46-42. Amendment to the 2006 International Fire Code. The 2006 International Firc Code is hereby amended as follows: Section 102.4; change to read as follows: 102.4 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable, and any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the International Building Code, shall be made in accordance therewith. Section 102.6; Sections 106.2.1 and 106.2.2 change to read as follows: 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 2 537640-I Section 106.2; add to read as follows: 106.2.1 inspection requests. it shall be the duty of the permit holder or their duly authorized agent to notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 106.2.2 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the fire code official. The fire code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall he corrected and such portion shall not be covered or concealed until authorized by the fire code official. Section 202; change definition of"Fire Watch" as follows: Fire watch, A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Section 202; add definitions as follows: Addressable Fire Detection System. Any system capable of providing identification of each individual alarm-initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alauu. The system shall have the capability of alarm verification. Analog Intelligent Addressable Fire Detection System. Any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-teuu changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in maintenance alert. High-rise building. A building having any floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 3 53764U-I Self-service storage facility. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. Standby personnel. Qualified tire service personnel, approved by the fire chief. When utilized, the number required shall be as directed by the fire chief. Charges for utilization shall be as normally calculated by the jurisdiction. Section 307.2; change to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include, but not he limited to, the following: 1. Texas Commission on Environmental Quality guidelines and/or restrictions. 2. State, county or local temporary or permanent bans on open burning. 3. Local written policies as established by the code official. Section 307.4; change to read as follows: 307.4 Location. The location for open burning shall not be less than 300 feet (9l 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet (91 440 mm) of any structure. (exceptions unchanged) Section 307.4.3; add to read as follows: 307.4.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with section 307.2. Section 307.5; change to read as follows: 307.5 Attendance. Open burning, trench bums, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with section 906 with a minimum 4-A rating or other approved on-site tire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 4 537640-1 Section 308.3.1; change to read as follows: 308.3.1 Open-flame cooking and heating devices. Open-flame cooking devices, charcoal grills, outdoor fireplaces and other similar devices used for cooking, heating or any other purpose shall not be located or used on combustible balconies, decks, or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. Section 308.3.1.1; change to read as follows: 308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. When permitted as listed in the exceptions of section 308.3.1, LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within ten feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings may have containers with a water capacity not greater than 20 pounds (9.08 kg) [nominal 8 pound (3.632 kg) LP-gas capacity] with an aggregate capacity not to exceed 100 lbs (5 containers). 2. Other residential occupancies where buildings, balconies and decks are protected by an approved automatic sprinkler system, may have containers with a water capacity not greater than 20 pounds (9.08 kg) [nominal 8 pound (3.632 kg) LP-gas capacity], with an aggregate capacity not to exceed 40 lbs (2 containers). Section 401.3; add Section 401.3.4 as follows: 401.3.4 Fire Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. Section 405.1; change to read as follows: 405.1 General. Emergency evacuation drills complying with the provisions of this section shall be conducted in the occupancies listed in Table 405.2 or when Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 5 537640-1 required by the tire code official. Drills shall be designed in cooperation with the local authorities. Section 408.5.4; change to read as follows: 408.5.4 Drill frequency. Emergency evacuation drills shall be conducted at least 12 times per year, four times per year on each shift. Section 503.1.1; add the following sentence to the end of the first paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum of a ten feet wide unobstructed pathway around the external walls of the structure. Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315mm), except for approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of not less than 14 feet (4267 mm). Exception: Vertical clearance may be reduced provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. Section 503.2.2; change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for tire or rescue operations. Section 503.3; change to read as follows: 503.3 Marking. Striping, signs, or other markings, when approved by the code official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof Striping, signs and other markings shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping — Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 25 feet intervals on the red border markings along both sides of the tire lanes. Where a curb is available, the striping shall be on the vertical face of the curb. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl.Fire Code Ordinance Page 6 537640-1 (2) Signs - Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than fifty feet (50') apart. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. Section 503.4; change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 and any area marked as a fire lane as described in section 503.3 shall be maintained at all times. Section 505.1; add to read as follows: 505.1 Address numbers. Approved numerals of a minimum 6" height and of a color contrasting with the background designating the address shall be placed on all new and existing buildings or structures in a position as to be plainly visible and legible from the street or road fronting the property and from all rear alleyways i access. Where buildings do not immediately front a street, approved 6 inch height building numerals or addresses and 3-inch height suite / apartment numerals of a color contrasting with the background of the building shall be placed on all new and existing buildings or structures. Numerals or addresses shall he posted on a minimum 20 inch by 30 inch background on border. Address numbers shall he Arabic numerals or alphabet letters. The minimum stroke width shall be 0.5 inches. Exception: R-3 Single Family occupancies shall have approved numerals of a minimum 3 '/z inches in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists. Section 511 — Emergency Radio Communications; add to read as follows: 511.1 Signal strength in buildings. In all new and existing buildings in which the type of construction or distance from an operational emergency services antenna or dispatch site does not provide adequate frequency or signal strength as determined by the code official, the building owner shall be responsible for Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 7 537640-I providing the equipment, installation and maintenance of said equipment in a manner to strengthen the radio sigmal. The radio signal shall meet the minimum input i output strengths according to the emergency radio systems provider and system manager. Section 704.1; change to read as follows; 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoist ways, service and utility shafts, that connect two or more stories of a building shall he enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as specified in Table 704.1. When openings are required to be protected, openings into such shafts shall be maintained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices are permitted if the fusible link rating does not exceed 135°F (57°C). Section 803.3.2 and Section 803.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with section 903.3.1.1 shall be limited to 50 percent of the wall area. Section 804.1.1; number the existing exception as 1. and add a second exception to read as follows: Exceptions: I. Trees located in areas protected by approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3,1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2. Trees shall not he prohibited inside private dwelling units of Group R-2 Occupancies. Section 807.4,3.2 and Section 807.4.4.2; add an exception to read as ffillows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. Section 901.6.1; add section to read as follows: 901.6.1.1 Standpipe Testing. Building owners/managers must utilize a licensed fire protection contractor to test and certify standpipe systems. In addition to the testing and maintenance requirements of NFPA 25 applying to standpipe systems, the following additional requirements shall be applied to the testing that is Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'I Fire Code Ordinance Page S 537r.10-I required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the contractor shall connect hose from a fire hydrant or portable pumping system (as approved by the tire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there arc no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's. Contact the Fire Marshal for additional information. 5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC 34.720. Inspection, Test and Maintenance Service (ITM) Tag") at the bottom of each standpipe riser in the building. An example of this tag is located at the end of this SOP. The tag shall be check- marked as "Fifth Year" for Type of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test" at a minimum. 6. The contractor shall follow the procedures as required by "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC' with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (Fire Marshal). 7. Additionally, records of the testing shall be maintained by the owner and contractor, as required by the State Rules mentioned above and NFPA 25. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 9 537640-I 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. 9. Contact the Fire Marshal for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this fire fighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. Section 901.7; change to read as follows: 901.7 Systems out of service. Where a required tire protection system is out of service or in the event of an excessive number of activations, the tire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved tire watch shall be provided thr all occupants left unprotected by the shut down until the fire protection system has been returned to service. Section 902.1; in definition of "Standpipe, Types of', under "manual dry" amend by adding a sentence to the end of"manual dry" to read as follows: The system must be supervised as specified in section 905.2. Section 903.2; amended to delete the exception. Add Section 903.2.8.3 to read as follows: 903.2.8.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment. Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4, 903.2.10.5, and 903.2.10.6 as follows: Amend the title of Section 903.2.10 to read "Windowless stories in all occupancies except R-3 and U". 903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with section 1509 of the International Building Code, Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 10 537640-I that is located 35 feet (10 668mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with section 406.3 of the International Building Code. 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see chapter 23 to determine if those provisions apply. 903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall he protected by an approved automatic tire-extinguishing system. 903.2.1.0.6 Buildings Over 6,000 sq. ft. An automatic Sprinkler system shall be installed throughout all buildings with a building area over 6,000 sq.ft. For the purpose of this provision, fire walls shall not detine separate buildings. Exceptions: 1. Open parking garages in compliance with Section 406.3 of the International Building Code. 2. Type A-5. Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of tire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than two hours. Section 903.3.5; add a second paragraph to read as follows: Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page I I 537640-I Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a ten psi safety factor. Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 903.4.2; add second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the fire depatment connection. Section 903.6.2; add to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with section 1504. Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of ten psig and a maximum of 40 psig air pressure with a high/low alarm. Section 905.3.2; delete exceptions #1 and #2. Add Section 905.3.8; and add exception to read as follows: 905.3.8 Building Area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building's interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi-automatic dry standpipes are allowed Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 12 537640-1 as provided for in NFPA 14. Section 905.4, item #5; amend to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of stairways with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. Section 905.9; add a second para aph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Add Section 907.1.3 to read as follows: 907.1.3 Design standards. All alarm systems new or replacement serving 20 or more alarm actuating devices shall he addressable fire detection systems. Alarm systems serving more than 40 smoke detectors or more than 100 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. Section 907.2.1; change to read as follows: 907.2.1 Group A. A manual fire alarm system shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Section 907.2.3; change to read as follows: Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int't Fire Code Ordinance Page 13 53764u-I 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors arc installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of I00 feet open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential in-home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see section 907.2.6.) Section 907.2.12; change to read as follows: 907.2.12 High-rise buildings. Buildings having any floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with section 907.2.12.2 Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with section 303.1 of the International Building Code, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Add Section 907.2.24 and add exceptions to read as follows: 907.2.24 Mechanical System Smoke Detectors. All commercial air conditioning and heating units shall have an automatic smoke detector installed in the supply air side of all mechanical units installed in a building or space to be utilized for any type of commercial use or occupancy. Exceptions: 1. An additional detection would not be required if the unit is factory Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 14 537640-I manufactured with a smoke detector in return air side. 2. Dedicated exhaust systems. Add Section 907.2.24.1 to read as follows: 907.2.24.1 Installation. Smoke detectors requires by this section shall be installed in accordance with NFPA 72. The required smoke detectors shall be installed to monitor the entire airflow conveyed by the system including supply air, return air andior relief air. Access shall be provided to smoke detectors for inspection and maintenance. Add Section 907.2.24.2 to read as follows: 9(17.2.24.2 Controls operation. Upon activation, the smoke detectors shall shut down and all operational capabilities of the air distribution system in accordance with the listing and labeling of appliances used in the system. Air distribution systems that are part of a smoke control system shall switch to the smoke control mode upon activation of a detector. Add Section 907.2.24.3 and the exceptions to read as follows: 9(17.2.24.3 Supervision. The duct smoke detectors shall be connected to a fir alarm system. The actuation of a duct smoke detector shall activate a visible and audible supervisory signal at a constantly attended location. Exceptions: 1. The supervisory signal at a constantly attended location is not requires where the duct smoke detector activates the building's alarm indicating appliances. 2. In occupancies not requires to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Duct smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. Section 907.4; add a second paragraph to read as follows: Manual alarm actuating devices shall he an approved double action type. Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All initiating circuit conductors shall be Class "A" wired with a minimum of six feet separation between supply and return circuit conductors. IDC — Class "A" Style D; SLC - Class "A" Style 6; NAC - Class "B" Style Y. The IDC from an Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'I Fire Code Ordinance Page 15 537640-I addressable device used to monitor the status of a suppression system may he wired Class B, Style B provided the distance from the addressable device is within 10-feet of the suppression system device. Section 907,9.2; change to read as follows: 907.9.2 High-rise buildings. In buildings that have any floor located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access that are occupied for human occupancy, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water-flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection devices or suppression systems. Add Section 909.1 to read as follows: 909.1 Scope and Purpose. This section applies to mechanical or passive smoke control systems when they are required for new buildings or portions thereof by provisions of the 2006 International Building Code or this Code. The purpose of this section is to establish minimum requirements for the design, installation and acceptance testing of smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants. These provisions are not intended for the preservation of contents, the timely restoration of operations, or for assistance in fire suppression or overhaul activities. Smoke control systems regulated by this section serve a different purpose than the smoke- and heat- venting provisions found in Section 910. Mechanical smoke control systems shall not be considered exhaust systems under Chapter 5 of the 2006 International Mechanical Code. Add Section 909.1.1 to read as follows: 909.1.1 Supersession of 2006 International Building Code. This code adoption formally supersedes the amendment to Section 404.1 of the 2006 edition of the international Building Code and restores the original definition of an "Atrium" to read as follows: ATRIUM. Means an opening connecting two or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air-conditioning andior other equipment, which is closed at the top and not defined as a "mall." "Stories," as used in this definition, does not include balconies within assembly groups or mezzanines that comply with Section 505 of the 2006 International Building Code. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the tnt'l Fire Code Ordinance Page I 537640-I This hereby requires mandatory compliance with Section 404 of the 2006 edition of the International Building Code. Section 910.1; Amend exception 2 to read as follows: 4. Where areas of buildings are equipped with early suppression fast- response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas Section 910.2; Add subsection 910.2.4 and exceptions to read as follows: 910.2.4 Group H. Buildings and portions thereof used as a Group H occupancy as follows: I. In occupancies classified as Group 1I-2 or H-3, any of which are more than 15,000 square feet (1394 m-) in single floor area. Exceptions: I. Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. 3. Buildings of noncombustible construction containing only noncombustible materials. Table 910.3; Change the title of the first row of the table from "Group F-1 and S- 1"to include "Group H" and to read as follows: Group H, F-1 and S-1 Section 910.3.2.2; Add second paragraph to read as follows: The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees (F) (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. Section 913.1 - Add second paragraph and exception to read as follows: Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 17 537640-I When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 tt. in width and 6 fi. - 8 in. in height, regardless of any interior doors that are provided. A key box shall he provided at this door, as required by Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent tire resistance as that required for the pump room, or as approved by the tire code official. Access keys shall be provided in the key box as required by Section 506.1. Add Section 1007.2.2 to read as follows: Where elevators are utilized, a minimum of one elevator must comply with the following: At least one inside dimension of the elevator car must have an inside dimension of 901 When the 90" dimension is in width, a minimum of 42" width door must be provided off center for the car. In any case, the elevator car must provide a clearance for the use on Emergency Medical Services cots. Exceptions must he approved by the Fire Marshal's office. Section 1008.1.3.4; change to add criteria #7 as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. Add Section 1009.4.1 to read as follows: Stairway landings. There shall be a floor or landing at the top and bottom of each stairway. The width of landings shall not be less than the width of stairways they serve. Every landing shall have a minimum dimension measured in the direction of travel equal to the width of the stairway. Such dimension need not exceed 48 inches (1219 mm) where the stairway has a straight run. 45 degree stairwell landing: Minimum Dimensions: 44"W x 90"L 0 to 180 degree stairwell landing: Minimum Dimensions: 90"W x 90"L Ordinance No.2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the tnt'I Fire Code Ordinance Page 18 537n40-I Section 1017.1; change to add an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of tire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic fire alarm system with corridor smoke detection. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke-detection system shall be connected to the building's tire alarm system where such a system is provided. Section 1019.1.8; change to read as follows: 1019.1.8 Smoke proof enclosures. In buildings required to comply with section 403 or 405, each of the exits of a building that serves stories where any floor surface is located more than 55 feet (16 764 mm) above the lowest level of tire department vehicle access or more than 30 feet (9144 mm) below the level of exit discharge serving such floor levels shall be a smoke proof enclosure or pressurized stairway in accordance with section 909.20 of the International Building Code. Section 1020.1.7; change to read as follows: 1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or 405 of the IBC, each of the exits of a building that serves stories where any floor surface is located more than 55 feet (16 764 mm) above the lowest level of tire. . . [remainder of section unchanged). Section 1028.2; change to read as follows: 1028.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. Security devices affecting means of egress shall he subject to approval of the fire code official. Section 1504.4; change to read as follows: 1504.4 Fire Protection. New and existing spray booths and spray rooms shall be protected by an approved automatic tire-extinguishing system ... [remainder of section unchanged). Section 2204.1; change to read as follows: 2204.1 Supervision of dispensing. The dispensing of fuel at motor fuel- dispensing facilities shall be in accordance with the following: 1. Conducted by a qualified attendant; and/or, Ordinance No. 2009-37 Repealing Ordinance No.2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 19 537640-I 2. Shall be under the supervision of a qualified attendant; and/or 3. Shall be an unattended self-service facility in accordance with Section 2204.3. At any time the qualified attendant of item #1 or #2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2204.3. Section 2302; change to add a second paragraph to the definition of"High-Piled Combustible Storage" to read as follows: Any building exceeding 6,000 sq. tf. that has a clear height in excess of 12 feet, making it possible to be used for storage in excess of 12 feet, shall he considered to be high-piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a tire protection system shall be installed as for Class lV commodities, to the maximum pile height. Table 2306.2; replace text of"footnote j" to read as follows: j. Where areas of buildings are equipped with early suppression fast- response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas. Add Section 2703.3.1.4.1 as follows: Section 2703.3.1.4.1 Cost Recovery. The city is authorized to clean up, abate or mitigate the effects of any hazardous material deposited upon or into any property or facilities within the limits of the city. Any person causing deposit or failing to provide cleanup, abatement or proper mitigation of such deposits shall be liable for the payment of all costs incurred by the city as a result of such cleanup, abatement or mitigation activity. The remedy provided by this section shall be in addition to any other remedies provided by law. For the purposes of this section, costs incurred by the city shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including, without limitation, workers' compensation benefits, fringe benefits, administrative overhead; costs of equipment operation; costs of materials obtained directly by the city; and cost of any contract labor and materials. Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling, assembling, transporting, receiving, keeping, offering and use of fireworks are prohibited. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the lnt'I Fire Code Ordinance Page 20 537640-I Exception: Only when approved for public fireworks displays, storage and handling of fireworks as provided in section 3304 and 3308 and chapter 46, article IV of the Code of Ordinances. Section 3302; change the definition of"fireworks" to read as follows: Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or I.3G fireworks as set forth herein. Section 3308.1; change to read as follows: 3308.1 General. The display of fireworks is prohibited, except as allowed by chapter 46, article IV, section 46-117 of the Code of Ordinances. Section 3403.6; add a second sentence to read as follows: An approved method of secondary containment shall he provided for underground tank and piping systems. Section 3404.2.11.5; add a second sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems shall he provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NEPA 30 and as specified in section 3404.2.1 1.5.3. Add Section 3404.2.11.5.3 to read as follows: 3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum six inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall he provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of four sumps. Sampling tubes shall be placed in the product line excavation within ten feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two are required. Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 21 537640-I Delete Section 3406.5.4.5 and replace with the following: 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class l and fll motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with sections 3406.5.4.5.1 through 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. All buildings, structures, and appurtenances on site and their use or function; b. All uses adjacent to the property lines of the site; c. The locations of all storm drain openings, adjacent waterways or wetlands; d. Information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and, e. The scale of the site plan. 3. The code official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is pei witted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within 15 feet (4.572 m) of buildings, property lines, or combustible storage. 3406.5.4.5.2 Refueling operator requirements. 1. The owner of a mobile fueling operation shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and local, state and federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int',Fire Code Ordinance Page 22 5376a0-t vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on three sides of the vehicle including the back and both sides. 4. A tire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with sigmage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48m) in length. 7. Absorbent materials, non-water absorbent pads, a ten foot (3.048 in) long containment boom, an approved container with lid, and a non-metallic shovel shall be provided to mitigate a minimum tive- gallon fuel spill. 8. Tanker vehicles shall he equipped with a fuel limit switch such as a count-back switch, limiting the amount of a single fueling operation to a maximum of 500 gallons (1893 L) between resettings of the limit switch. Exception: Tankers utilizing remote emergency shut-off device capability where the operator constantly carries the shut-off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall he maintained by the dispensing company and shall be made available to the code official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5.3 Operational requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Nighttime fueling operations shall only take place in adequately Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'I Fire Code Ordinance Page 23 53764U-I lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The code official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-gas containers are allowed to he used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. Section 3804.2; add an exception #2 and #3 to read as follows: 3804.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) (see section 3 of the Sample Ordinance for Adoption of the International Fire Code on page v). Exceptions: I. In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department. 2. Except as permitted in 308.3, 3804.3.2 and exception #3 below, LP-gas containers greater than 25 gallons are not permitted in residential areas. 3. LP-gas containers greater than 60 gallons are not permitted in MH Districts (mobile and manufactured housing), as defined by zoning codes. Add Section 3804.3.2 to read as follows: Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'l Fire Code Ordinance Page 24 537640-1 3804.3.2 Spas, Pool Heaters and other listed devices. Where natural gas service is not available, LP-Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall be located underground only and may not exceed 250-gallon water capacity. See Table 3804.3 for location of containers. Appendix D, Fire Apparatus Access Roads, is amended as follows: D103.1 Access Roads with a Hydrant and Figure D103.1 Dead-end Fire Apparatus Access Road Turnaround. Each reference to "26 feet" or "26' " are changed to be "24 feet" or "24' " respectively. The reference to "(7925 mm)" is changed to he "(7315 mm)". Table DI03.4 Requirements for Dead-end Fire Apparatus Access Roads. Each reference to 20 feet contained in the width column is changed to 24 feet. D103.5 Fire Apparatus Access Road Gates. #1 is amended to read: "1. The minimum gate width shall be 24 feet (7315 mm)." Appendices A and C: delete in their entirety Sec. 46-43. Resolution in event of conflicting provisions. To the extent there is any conflict between the International Fire Code and the City of Wylie Water and Sanitary Sewer Design Manual, as amended, the provisions in the Water and Sanitary Sewer Design Manual shall control. (Ord. No. 2004-22, § 4, 6-8-2004) Sec. 46-44. Penalty. Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a tine not to exceed the sum of $2,000.00. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. No. 2004-22, § 10, 6-8-2004) Secs. 46-45--46-60. Reserved." SECTION 5: 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 Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Int'I Fire Code Ordinance Page 25 i37640-I prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 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. SECTION 8: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8'h day of December, 2009. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication in The Wv/k' News—December 16,2009 Ordinance No. 2009-37 Repealing Ordinance No. 2004-22 Adopting the 2006 Edition of the Intl Fire Code Ordinance Page 26 537(40-t lie Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 7 Public Services-Recreation (Ciro Secrera,y's (Ice Only) Department: Division Prepared By: Robert Diaz Account Code: 100-5111-56990 Date Prepared: November 20, 2009 Budgeted Amount: $37,000 Exhibits: Subject (MOTION To REMOVE FROM TABLE) Consider, and act upon, authorizing staff to schedule the events and performers for the 2010 Summer Concert Series. Recommendation. Motion to approve the City of Wylie schedule of events and performers for the 2010 Summer Concert Series. Discussion Staff brought forth to the Council 3 options for summer events for 2010 at the November 10, 2009 meeting. After discussing all of the options the Council decided to table the issue providing direction for staff to research some other options and bring the item back to them at the December meeting. Per Council direction staff has come up with the following new options: • Street Dance with Charlie Robison or equivalent as the headline perfonner would cost approximately $18,000.00. Proposed event date is Friday, July 9, 2010. • Concert and Fireworks with Professor D or equivalent as smaller headline performer would be approximately $26,000.00. Proposed event date is Saturday, July 3, 2010. • Movies with working with the City of Rowlett to provide an inflatable screen would cost approximately $1,250.00 per event. Proposed event dates are Saturday, July 31 August 7, 2010. • Balance left over from any of the proposed options could also he used to fund any grand opening events for the new municipal complex. • Depending on which events are chosen some funding will also be needed for advertising, portolets, generators, and possibly security. Staff does feel the some sponsorships can be sought for these events but the bulk of the funding would still have to come from the City. Staff has made contact with Mike Almew, President of the Wylie Chamber of Commerce about co-sponsoring the Street Dance event which could prove to he a good partnership in garnering sponsors for that event. Staff is seeking further direction from Council as to which events it would like staff to pursue so that the headliner acts can he booked. Approved By Initial Date Department Director MS 11/20/09 City Manager Page 1ofl Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 8 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 615-5725-58310 Date Prepared: 12/01/09 Budgeted Amount: $ 1,275,000 Exhibits: 3 Subject Consider, and act upon, award of a contract, in the amount of$1,493,947.00, to Preload for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. Recommendation Motion to award a contract, in the amount of $1,493,947.00, to Preload for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station Discussion On November 30, 2009 at 4:00 p.m., two bids were opened for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new tank provides additional storage capacity for the low pressure service area generally located in the south and eastern portions of the City. The new tank will be constructed of concrete and have a height of approximately 30'. The low bid was submitted by Preload, Inc. of Hauppauge, New York. Birkhoff, Hendricks, and Conway has worked with Preload on similar projects and they recommend award to them. A deductive bid was included if the company was awarded both the Newport and Nortex tanks and Preload bid a deductive amount of$147,300. Total cost for the construction of both tanks is 53,312,809.00. Certificates of Obligation in the amount of$7,750,000 were issued in 2007 for multiple water system projects. $1,275,000 was included for the construction of the 1.5 MG Ground Storage Tank. The additional funds necessary to complete the construction of the tank will be used from interest earnings and cost savings on other projects identified in the bond issue. Approved By Initial Date Department Director CH 12/01/09 City Manager li' , ' Page I of I BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 MEMORANDUM To: Chris Hoisted, P.E. From: Joe R. Carter, P.E. Sent via Email Date: Revised February 22, 2007 Subject: Water Distribution System 5-Year Capital Improvement Plan At your request, we reviewed the Water Distribution System 5-Year Capital Improvement Ran as outlined by the City of Wylie Agenda Report dated November 14, 2006. We met with you and Mike Sferra yesterday to discuss the 5-Year Capital Improvements Plan and how funds should be allocated. The budget costs listed in the Agenda Report were based on information contained in the Impact Fee Report. Since the time of that report we have begun detailed design on several elements in the Water Distribution System Capital Improvement Plan and we have better information for more precise opinions of construction cost. Based on the results of our meeting we recommend the following projects to be included in the Water Distribution System 5-Year Capital Improvements Plan: 730 Service Area (High Pressure Service Area) Project Budget Cost Newport Harbor 2.0 MG Ground Storage Tank $1,700,000 Newport Harbor Pump Station Improvements(1 pump) $ 160,000 Newport Harbor(FM 1378) Water Distribution Line No. 1 $1,400,000 McCreary Road Water Distribution Line $ 990,000 Total High Pressure Service Area $4,250,000 679 Service Area (Low Pressure Service Area) Project Budget Cost Nortex 1.5 MG Ground Storage Tank S1,275,000 Nortex Pump Station Improvements (1 pump) S 150,000 SH 78 Distribution Line No. 1 (NTMWD to Eubanks) S 540,000 Brown Street Distribution Line $ 300,000 *NTMWD Pump Station Improvements $ 985,000 Total Low Pressure Service Area $3,250,000 ee ,nW,fe1i.0so yenenin.,se004.nm,.d pump�o•��o,.ldernm405prynm912l_dor Page 1 of 2 i City of Wylie 2/22/2007 Water Distribution System 5-Year Capital Improvement Plan Page 2 of 2 *Important Note The "NTMWD Pump Station Improvements" budget amount of $985,000 is the approximate construction cost for the originally planned first phase of improvements to the NTMWD Pump Station. Increasing the pumping capacity at NTMWD or building a new pumping facility is essential to be able to serve any heavy industrial type of demand along State Highway 78 over the next five years. The improvements included in the stated budget amounts will allow for some light industrial or commercial development along State Highway 78 over the next five years without completing the NTMWD Pump Station Improvements. During our second meeting with the NTMWD regarding the proposed pump station improvements they informed us that an air gap must be provided. That requirement more than doubles the probable cost of the pump station improvements (adding $1.2M to $1.3M). The NTMWD has indicated that it is unlikely they will pay for construction of the additional pump station and related facilities necessary to provide an air gap but this is not known for certain until a formal request is made. The remainder of the SH 78 Distribution Line is also required to provide sufficient water for Heavy Industrial demands along State Highway 78 and the approximate construction cost of the portion of that project not included in the 5-Year CIP is 51,320,000. If the NTMWD will not participate in the cost of improvements at the current NTMWD Pump Station site and the Brown Street Pump Station option is selected the approximate construction cost of the first phase of improvements is $3,900,000 requiring $2,915,000 more than is included in this bond proposal. cc: Mike Sierra Mindy Manson Larry Williamson j 4lniafw,linl I-4O%FvefdJ.,mint)W-ntnr-d puny ma^to"0JcNknn\t].+cip-nn,g2)Ax LOGOS Using a logo or lettering on the tank wall or on the dome ring roe."'''' LETTERING is a cost-effective way for communities and water utilities to personalize their storage tanks and increase community recognition. Logos and lettering may he used independently, or in combination with other architectural treatments. din,, , , a>,Jr� ly 1rr nr 1, V� y l9// ,ll 11 1 1 1 fl i V ! '' 9 ‘ ° 11)`li'Ji"9Jpii rl,. / /iiJ/ , . . lrooli II l��✓ r ��' Q 1 �y// lli, / /fir /// i' � IP� �� 4! �/ oil. /f15„ /jI �� f� i% l/ �� illit or o or orr/iirfijiiiii J Pr ° ' a ,� II, / , // ', ,,t f A ' - /r ,wo »�imuwwuummi a a, UhRu >t .>�r'orp k and t ti vv'i ../ JIFl6 d r, :u.MC:,,re)(:',('/nryWcle fi hnori;y.h:).tr ✓;i•dv Uq6/ '/ � y � It1FIRST I. %%/ G, SI /�/ ' �. ,/+./ v/U, ,. /f e v ,h.,_S;trr _ '<i G terh Eurg ,-u4 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY.P.E. GARY C.HENDRICKS,P.E. JOE R CARTER,P.R PAUL A.CARLINE,P.E. MATT HICKEY,P.E. ANDREW MATA,JR.,P.E. December 1, 2009 Mr. Chris Hoisted, P.E. City Engineer City of Wylie 949 Hensley Lane Wylie, Texas 75098 Re: Nortex 1.5-MG Ground Storage Reservoir Recommendation for Award of Contract Dear Mr. Hoisted: We checked the bids received at 4:00 p.m. on November 30, 2009, for construction of the Nortex I.5-MG Ground Storage Reservoir and are returning the original bid documents and bid bonds with this letter, we understand you will return the bid bonds. Three(3)copies of the Bid Tabulation are enclosed for your use. Preload, Inc.of Hauppauge,New York, submitted the lowest bid for the project. The Base Bid amount is $1,641,247.00 and the Deductive Bid Item(for award of the Newport Harbor 2-MG and the Nortex 1.5-MG Ground Storage Reservoirs) amount is $147,300.00. The total amount for both Base Bids plus the Deductive Bid Item for award of both projects is $3,312,809.00. The total amount for both Base Bids plus Alternate Bid Item 4 (Architectural Treatment) for the Newport.Harbor 2-MG Ground Storage Reservoir plus the Deductive Bid Item for award of both projects is $3,362,809.00. Preload, Inc. bid 215 calendar days for completion of the project. This is less than the maximum amount of time allowed in the Special Conditions,which was 260 calendar days. The other bidder bid 260 calendar days. If Preload, Inc. is awarded the construction contracts for both projects they will be allowed 305 calendar days to complete both projects in accordance with the Special Conditions. We have recent experience working with Preload, Inc. on a similar project and in our opinion, they have the qualifications necessary to successfully complete this project. Accordingly, we recommend that the City of Wylie accept the bid of Preload, Inc. and award them a contract for construction of the Nortex 1.5-MG Ground Storage Reservoir and the Deductive Bid Item for award of both Ground Storage Reservoir projects in the amount of$1,493,947.00. We are available to discuss this matter at your convenience. Sincerely yours, Joe R. Carter, P.E. Enclosures Celebrating 40-Years of Quality Municipal Engineering(1969—2009) i:kkrc siviseims-in ronex gsrIleuenWmaycnd m ord doe Texas Firm F526 CITY OF WYLIE, TEXAS Nortex 1.5-MG Ground Storage Reservoir AW WA D110, Type III BID SUMMARY Bids Received at 4:00 p.m., Monday, November 30, 2009 #1 #2 Preload, Inc. Natgun Corporation 60 Commerce Dr. 11 Teal Road Hauppauge, NY 11788 Wakefield, MA 01880 NORTEX 1.5-MG GROUND STORAGE RESERVOIR Base Bid Amount (Items I through 9) $ 1,641,247.00 $ 1,709,594.00 Deductive Bid Amount (Item ID) $ (147,300.00) $ (50.000.00) Total Bid Amount (Base Bid + Deductive Bid) $ 1,493,947.00 S 1,659,594.00 NEWPORT HARBOR 2-MG GROUND STORAGE RESERVOIR Schedule #1: Newport ['arbor 2-MG G.S.R. (Items 101 thru 106) $ 1,714,100.00 $ 1,737,130.00 Schedule#2: Miscellaneous Construction (Items 201 thru 208) $ 104.762.00 $ 104,106.00 Schedule #3: Architectural Painting(Item 301) $ 50,000.00 $ 24,240.00 Schedule#4: Architectural Treatment(Item 401) $ 50,000.00 $ 45,750.00 Total Amount of Base Bid (Sch. 1 +2) S 1,818,862.00 S 1,841,236.00 Total Amount of Base Bid - Alternate (Sch. 1 +2 +3) 5 1,868,862.00 S 1,865,476.00 Total Amount of Base Bid - Alternate (Sch. 1 + 2 +4) S 1,868,862.00 S 1,886,986.00 TOTAL AMOUNT BID (Newport Harbor, Sch 1 & 2) + (Nortex+Deductive Bid) S 3,312,809.00 $ 3,500,830.00 Calendar Days Bid: Newport llarbor 225 260 Calendar Days Bid: Nortex 215 250 19W5m OO,42hspccs4a hVOGY&SS.}xl, TABULATION OF BIDS BID OF BID OF Date: November 30,2009 Project: CITY OF WYLIE, TEXAS BIRKHOFF HENDRICKS&CONWAY,L.L.P. . Preload Inc. Natgun Corporation Nortex y MG Ground Storage Reservoir PROFESSIONAL ENGINEERS 60 Commerce Dr. 11 Teal Road AWWA D110.Type III Dallas,Texas Hauppauge,NY 11788 Wakefield,MA 0188E Item Approximate Unit Bid Unit Bid No. Quantities Unit Description - Price Extension Price Extension BASE BID-NORTEX LA-MG GROUND STORAGE RESERVOIR For Constructing the Nortex I.5-MG Ground Storage Reservoir including all Site Work,Piping,Electrical and 1 I L.S. related appurtenances as specified and shown on the Plans $1.542 t0000 S 1,542000,00 $I,581900.00 S 1_581,900.00 I L.S. For Design of Trench Safety.Systems by a Professional Engineer-Licensed in the State of Texas S1,200.00 S 1200.00 S1.540.00 S 1540.00 3 1 1„S. Fur Implementation&Maintenance of Trench Safety Systems S1,200.00 $ 120000 S1,540 00 S 1,540,00 4 1 L.S. For Design and Implementation ofa Storm Water Pollution Prevention Plan in accordance with the Specifications S4,200.00 $ 4.200.00 $5240.00 S 5,240 013 5 350 S Y. Remove&Replace Existing Reinforced Concrete Alley Outside Pump Station Site $95.00 S 33,250 00 $137.00 S 47,950,00 6 207 L.f. Saw Cut Existing Reinforced Concrete Pavement or Curb 51.00 S 207.00 S2.00 $ 414.00 7 I L.S. For Furnishing and Installing 18"Connection to Existing N7MWD 72"RCCP Waterline $41,600.00 S 41,600_00 S5231000 $ 52.310.00 8 30 LC For Constructing"-Inch Dowelled On Concrete Curb S5300 S 1590.00 $90.00 S 270000 9 L.S. Owner's Contingencies Allowance S16,000.00 S 16.000.00 S16000.00 S 16,000.00 AMOUNT OF BASE BID - NORTEX I,5 MG (Items I Through 9) S 1,641,247.00 S 1,709,594,00 DEDUCTIVE BID- AWARD OF NEWPORT HARBOR AND NORTEX PROJECTS For Award Of Construction Contract For Both The Newport Harbor 2-MG Ground Storage Reservoir Project and ID 1 L.S. The Nortex 1.5-MG Ground Storage Reservoir Project Deduct :r $ (147,300.00) ISO sFI0.00) AMOUNT OF DEDUCTIVE BID (Item ID) S (147,300.00) $ (50,000.00) TOTAL AMOUNT BID: VORTEX US-MG G.S.R. (Base Bid+Deductive Bid) S 1,493,947.00 S 1,659,594.00 TOTAL.AMOUNT BID (Newport harbor 2-MG Ground Storage Reservoir)Sch.1+2 $ 1,818.862,00 S 1,841,236.00 TOTAL AMOUNT BID (Newport harbor+Nortex+Deductive Bid) $ 3,312,809.00 S 3,500,830.0I Calendar Days Bid: 215 250 n A u)rID 12. P,. icch%05-P&ns-ax!, Page 2 of 2 y, ii CITY OF WYLIE, TEXAS E CONSTRUCTION PLANS FOR NEWPORT HARBOR ; ` E�c,,"g` 2.0 MG GROUND STORAGE RESERVOIR = i ;A IT 2 CITY COUNCIL I`' ;` _�_ ERIC HOGUE, MAYOR (( - — I M.G. "RED" BYBOTH, MAYOR PRO--TEM a DAVID GOSS 2.`E20A- A F KATHY SPILLYARDS R YOUNG RICK WHITE /T OF �YLI�, „in-,. IN4FX I- CA CARTERTER PORTER SHEET DESCRIPTION F 1 COVER SHEET & SHEET INDEX 2 PROJECT GENERAL NOTES CITY MANAGER 3 DUSTING SITE PLAN & CONTROL POINTS 4 PROPOSED SITE PLAN MINDY MANSON 5 GRADING PIM 5 PROPOSED SUPPLY LINE - PLAN/PROFlLE BIRKIIOFF,HENDRICKS&CONWAY,L.L.P. 7 PROPOSED OUTLET CONNECTION - PLM/PROFlLE UNE - CITY ENGINEER PROFESSIONAIFNCINEPRS 9 PROPOSED OPOSED STORM SEWER PLAN PROFlLEE Tew�Fl5T,F326 / CHRIS HOLSTED, P.E. 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',� _ oa cxxw rt a' N €ems C. 1 slew - [avN- 'i^91F' sa o Pr'rve .��.' � L -- Saba 5* P { - -A V At*s ax, FL Caw 1�� 1 N]R N ]3 S1, / i S .nlf taw vtAv .RMf Ptati �-ca\c MG»].xm r s u al, �_ • I �I C .._ P .—PUMP L AI H slum . E \ 1 /sa m II _. WISING UNCERGnGUNI e e.EcTRIw.WNW F _ E d - -- -- - mass CITY OF WYLIE,TEXAS g _ _ -_- _- BIBK$OFF IIENDBICKS.&CONWAY,L.L.P. t t NOS f NEWPORT HARBOR I0 M.G.GROUND STORAGE RESERVOIR f0 C. i ,.Lt no f PRO4'L 9IONN.Et.GRNl6S th %,{aEU n.: 1 K a1:.a D7: >il �p�9 - TANK PLA.N 90 a..mss .a[ pusI GG ,p, « nc aaz�xla I Grua.1/2/w_wow 11;7A iaww.l 'P3\Srv..tslims•.1}.Oa.y no=:ut is nr mss.Tim)de '7LcGro m:NOW a 11/2/2029 z. ot. s s. cl:' - '',1 rd t,1 ill 1 3 li syrrn. I 1;stnt 9 a \I‘ oa tt '. ZZ I�Id a�9_ IT -' yy o ., i: \1 § �d �_. �i38 ( �d $ � lac mX� id Jo VA J 4 g2 r r d 5" / -_.1_ '�' YAK O �RC4 Yt k�i{:y V 2''i IQ- ba i z �, , @SI ISS `� , g [;ii a , �6 • oV , 4 n ( Y K i �-at „%-i I �L -r .a I O �,. "1 3 p S 1 x \ 6 y. 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' 1 Kr_ 1flR' ill I- 1 pi ., eat al mI N LL i kt 4 R h'rawe ( 3�8g b `$b % O of a H µ g0$ p* kyF a� 5 x v a C ry ' i VF ! t yq 2 1`}5yk /h ki p$ 1 C % T —��, r _ ta 1 € 1 i2' i WE'pp Y Eggg a e :.}r- a f'�// sel U y 3 7 4 de 8 H M Zinn \\ m . it nF v g W d o 1 / .Z u 14at r 4 $ 14 F F e s b j;p; 4 q�� Z 7- 0 O J O O *' J W... 3 J 4 4 ^ S l 4 a8 m R R t a ansamavo o®rxa y is s q o A ,r # SI a a \ \ \ P t ' E%�51 [500.OW r \ \ \ l 1 Oi..f,0 SIOML i�Yh \ \ i LESzENP � S'\ ❑ ❑ ❑ SILT SENSE � +Y fix- \t }1 ^�T \ ll1 � r $ NRYISH ANB INSTALL �` 6"'g tC' 1 _ �. .0 Li FENCEti\N it \. 7- , _ N; t j as F . v �T,J`0+ , t (1,` C'') �' s-- o�V ' 'awls - x t�� vy \ ti j ea_. Y Y "'l F — ^"- i rxs wcum 4 l I�1 A \ \\one -� __ <ax m� xe `_ .S�ssi` d. c� �- ,IWxo �� 1 .V £,EL cm,2 &FURNISX ANG IN$"pLL 1ET PEXM6.ELY EO SD'H A NLni PROTECTION 1 - I 0 FPIN 691E. \ \ \ 6706921524132,E 6622330760 L y�fj v 1 -i I o- s3 zan 1 uwc ce� I t ' 1 i fl 1 , I \\ 1 HIRxIIOFI nsxn CITY OF YJY2OM TEXAS _. _ --- RICKS&COYWA1 Ltd'. r * t AAA- , C T Y T PROFESSIONAL¢y%•gt,r ac } �ifv.{' NFWPofti HARBOR GROUND STORAGE RESERVOIR R e it ago tx uw.39-*+9 STORM WATER POLLUTION PREVENTION PLAN 14 € -� 1 oveusex,.wF ItvsIr>>hla9-.nP& it\9r+. \wYaWpS�N\��k\> �1]-�1hg ftp1 ..r u nor STti no'26 P.ul/C Br X.tYM ON 11//SA9 5.2 TEMPORARY STONE CONSTRUCTION ENTRANCE/EXIT I. DESCRIPTION-An aggrreeate area or pad located where vehicles enter and leave a construction site. 2. PURPOSE-To provide an area where vehicles can remove mud and sediment from their ouEPSYON RICE RrOataru tires prior to driving on public streets. If used properly,it reduces the requirement to wnrtr e;une Excreos ax ,i s OR Darren remove sediment from public streets,directs the majority oftraffic to a single location,and provides preteotion for other BAIPs on site du ough traffic control. hOTNf. V c 'wAv _ i€ ,- ' 3. APPLICATIONS-Use wherever traffic will he leaving a construction site and moving " - v, F " directly onto a public road or an off-site paved surface,Primary installations include exits L;CUR Psat from storage areas,staging areas,truck haul routes,and borrow/spoil areas. SECTION A - A 4. LIMITATIONS-Selection of the stone construction exitlentrance location is critical, since to be effective all traffic must use the area(s)to exits site.The device is not suitable SPILLWAY xev t for use on long,linear projects unless there are designated points for controlled access. 5 0WIN,RAMER 1\ph {$a ENGE TYPE.Sr.wn)- Contractors shall clean-up excessive storm Gan existing paved streets during the �f i�i�' ore construction process. otoNs wH WATER TOS WAAGy ` VS' skoo-HER APPROVED Ys Mast EEIS VD N£G ES.PRY OR .HER R]U n Hc it TO cwwN rE ussao. TO SEDIMENT 5. DESIGN -RA i PPRIAEP.AS Rwt Rso. A. Minimum pad dimensions: Width 15 feet or total width ofvehiele access, t r whichever is greater se w oy ' I.ngth- 50 feet (Residential lots Oar 20') e '. ./ 0 now --- \ ._-- not Depth-- 6 inches a '�ea� s'#' - J B. Grade- Avoid grades steeper than 5%and grade to drain back on to the site or to G /- }TT` o another BMF to control off-she sedimentation a' A t A 5 cl�&5E at4^ q A _a a�,GVEcat}, Is' m-: 20' s :,u. Ii. C. Location:Locate the construction entrance/exit to limit the amount of sediment that 1 1 leaves the construction site and to provide for maximum use by vehicles leaving the v y'" -R" r".k k _ 7 site. Do not place along curves in the public roadway. m1\l D. Fitter Fabric:Shell be used for installations with aconstruction period of more than DIVERS ON WOOF 6 months,where heavy truck traffic is anticipated daily,or very weak sub-grade ( soils are present. 6 (at'PeaseraeW.LOTS) t }T PLAN 6. MATERIAL SPECIFICATIONS- t A. Aggregate-Natural stone or re-cycled concrete meeting the gradation requirements of NCTCOG Specification Item 2.1.8.(d). [3"-4"Diameter] ii B. Filter fabric-NCTCOG Specification Item 2.23.3. } TEMPORARY STONE CONSTRUCTION 7. MAINTENANCE REQUIREMENTS- Inspections should be made weekly and after I EN'I RAN CE / EXIT rain storm events to ensure that the device is functioning properly- When sediment or mud has clogged the void spaces between the stones or mud is being tracked onto the N.TA. public roadway the aggregate pad must be washed down or replaced. Runoff from the 3 washdown operation shall not be allowed to drain directly off site without first flowing through another BMP to control of-rite sedimentation.Periodic re-grading or the addition of new stonemay be required to maintain the efficiency of the installation, r E ---- -- - L's CITY OF WYLIE,TEXAS _. ._. BIRKIIOFF HENDRICKS&CONWAY L.L.P. f.` 2 3�- - - g PROFESNIONAL MAMMAS f` '°��^ NEWPoftT HARBOR 30 MG GROUND STORAGE RESERVOIR EC 9. 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Jai 74/ \ \ " �` V Pi p ' wl ,to s �� NI gr. �I z�' i , bI " N ii ti i g €4 I ., 8. goir e it W .y fi 1 ,I Li g I r f lr 3 , ;\ .rr✓"" +' '� it N , Q. wn,, n ..„a rxi P MCC xarc�mu.ro CONDUIT AND CABLE SCHEDULE >b 7o _ Sr ';: xn awn — 0 9 xz ] iedu, I wrvuan E--on « M l "x Mr i �. P?(rv00TR SE. ) _ ._ ._ . ...,Al vur.+a ff V Y �E 4 L1'FJ PS 491 „L A149,[S LNR - �'.ay 0 � I is uar rr[+.0.501 m /mu=xe r *0 cx. 0Aw; n:{ m. I __ c n<wIF aw �I ca vrrs a,.wa -�wsa.:f mrr.ww>w.E _ d 7:-- z.oyaerw n^n N iv'2 53 411.Pin h t at 9C OWN% xW . -f " ke'puL 9'x -FMM1 iVMI IHU!I6� " �_I i .5so ww OT 00a' N msmozoc, x x3d 0..„"` LUMiNARIE SCHEDULE use se —T :,„, ,az aQ nuas �,,,,,a sac a n€mx wx1.�„ i 'E-w .,uL z PFNCL=a*a*wmti m*N6&M am 2.5,7z I s^xx a r a PNNM W0M.E nnx nn,aru. i am0(Icc yam»s,ra z 005 alk 48�z Vzu 0:�i, 1 R mnu P t;` I ONE LINE DIAGRAM [�1 13005R, j '°"'"G I PART OF EXISTING PUMP STATION MCC 'Pam'*�e r- I I i a� ,u . W TO(MOW Ku LLma y %r,� ONE LINE DIAGRAM r S SUMP PUMP CDNTR01-PANEL FEEDER ELEVATON PART OF PS MCC CITY OF WYLIE, TEXAS PART OF EXISTING PUMP STATION MCC NEWPORT HARBOR 2.0 MG ; GROUND STORAGE RESERVOIR VERILY SCSI DIP, 00( TS MW 0. ONE LINE AND SCHEDULES Rr S. 5 T tow vs mxarnorr HENDRICKS s CONWAY,sc.ar. q �� w i a_LA- QB tt7rs _ a 04*0,z�u I _ rc .:a.m _.. .;a,�w" »...1 __.._ s-�0r0aE1a,MS E2 — I 1 2 [ I 1 H I 1 r I 1 ' , 1 , . . 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L1,0 OF E11.CgOlg r LC fr t , — a trA:77tItqn.'"”5"-fazittC7,5" :0-oTitrii. ”r411-7 :.:3± -IL:24-: tt,Z0-1. 7-','Sl'ight' Et171-cE3 bj'irk, • ,t.---i4tTL1/4,, .ri--,-.5-p-rt-th,,-tik l,_ s±-, ra,--,tjtaticl . IP-4.i.,-.,,,,,,-1-;.$11,tunl,iiirM r--,•,i'=-Hri-r-= le#1" 0,qt-h-,7t/-3 1,±"-4 4 -7-tt,N10.- T-tft-.1 • -...2,-,-c ,0:2:4tP , = - e-'- 'T--ri.r - '- ' v•- tivIViria-pt,ivr,, , , ,.25.,HOZE,t3 ANS,omoda sPvIgrs WO-PP griggslg,IP 1.1CFPHICK3l ISH Alf)SSirli gl are rAC,RCAL StgIS SPQA glfgagl SPAS HE VASES Egg IC,MIA. .,..- ,,,....,,--,,,,, 3 SIgal Vg.g1 FROM MUM.flak°,7,BASH Sgugglg sl, conoun aomm Art, SWEEPS Sig 1111MEE 1 Pg:.Box TO P.A.0 gig HAS,l'g HI",all:RIPPE SWAG Mgr 02 DETAIL - 2.0 MG GROUND STORAGE RESERVOIR too Mg-gl 3 MK `131113 SPAI NTMWD LEVEL INSTRUMENTATION CITY OF WYLIE, TEXAS 01 DETAIL - 2.0 MG GROUND STORAGE RESERVOIR NEWPORT HARBOR 2.0 MG I'D'a'scr WYLIE NEWPORT HARBOR P.S. 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OF PUMP STATION BUILDING PROPOTOT TO SED ELECTRICAL SERVICE CITY OF WYLIE, TEXAS NEWPORT HARBOR 2.0 MG GROUND STORAGE RESERVOIR RIFT GU w nommcm0 om ToR - DETAILS III �� BUM; 01LSIfl xw WO m tit* BIRICHOFF pFhDRIC'KS&CONWAY,I L P. at>sq, _LJ rytiym�W�, Plumy C .�@ 200 9 NNA N et cm 1A 0C Cull ma E6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 8, 2009 Item Number: 9 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 615-5725-58310 Date Prepared: I2/01/09 Budgeted Amount: $ 1,700,000 Exhibits: 3 Consider, and act upon, award of a contract, in the amount of$1,868,862.00, to Preload for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station. Recommendation Motion to award a contract, in the amount of $1,868,862.00, to Preload for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station. Discussion On November 30, 2009 at 1:00 p.m., two bids were opened for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station. The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new tank provides additional storage capacity for the high pressure service area generally located in the north west portion of the City. The new tank will be constructed of concrete and have a height of approximately 40'. Due to the proximity of the tank to existing homes, two alternates were hid for architectural treatment. Option I was for decorative paint simulating arches or pilasters, and Option 2 was to provide arches or pilasters on the exterior of the tank. The hid price for either option was $50,000. The low hid was submitted by Preload, Inc. of Hauppauge, New York. Birkhoff, Hendricks, and Conway has worked with Preload on similar projects and they recommend award to them. Certificates of Obligation in the amount of$7,750,000 were issued in 2007 for multiple water system projects. $1,700,000 was included for the construction of the 2.0 MG Ground Storage Tank. The additional funds necessary to complete the construction of the tank will be used from interest earnings and cost savings on other projects identified in the bond issue. Approved By Initial Date Department Director CH l2/01/09 City Manager 1 Page l of 1 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,/220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 MEMORANDUM To: Chris Hoisted, P.E. From: Joe R. Carter, P.E. Sent via Email Date: Revised February 22, 2007 Subject: Water Distribution System 5-Year Capital Improvement Plan At your request, we reviewed the Water Distribution System 5-Year Capital Improvement Plan as outlined by the City of Wylie Agenda Report dated November 14, 2006. We met with you and Mike Sfena yesterday to discuss the 5-Year Capital Improvements Plan and how funds should be allocated. The budget costs listed in the Agenda Report were based on information contained in the Impact Fee Report. Since the time of that report we have begun detailed design on several elements in the Water Distribution System Capital Improvement Plan and we have better information for more precise opinions of construction cost. Based on the results of our meeting we recommend the following projects to be included in the Water Distribution System 5-Year Capital Improvements Plan: 730 Service Area (Hieh Pressure Service Area) Project - Budget Cost Newport Harbor 2.0 MG Ground Storage Tank $1,700,000 Newport Harbor Pump Station Improvements(1 pump) $ 160,000 Newport Harbor(FM 1378) Water Distribution Line No. 1 $1,400,000 McCreary Road Water Distribution Line $ 990,000 Total High Pressure Service Area $4,250,000 679 Service Area (Low Pressure Service Area) Project Budget Cost Nortex 1.5 MG Ground Storage Tank $1,275,000 Nortex Pump Station Improvements (1 pump) $ 150,000 SH 78 Distribution Line No. 1 (NTMWD to Eubanks) $ 540,000 Brown Street Distribution Line $ 300,000 *NTMWD Pump Station Improvements $ 985.000 Total Low Pressure Service Area $3,250,000 j:\,knceirmy '.I-409o¢F9al sm.;,o 104-nuTI.a pump,uwaver AIt,,c k\sr«v"mW2rax Page 1 of 2 li City of Wylie 2;22/2007 Water Distribution System 5-Year Capital Improvement Plan Page 2 of 2 *Important Note The "NTMWD Pump Station Improvements" budget amount of $985,000 is the approximate construction cost for the originally planned first phase of improvements to the NTMWD Pump Station. Increasing the pumping capacity at NTMWD or building a new pumping facility is essential to be able to serve any heavy industrial type of demand along State Highway 78 over the next five years. The improvements included in the stated budget amounts will allow for some light industrial or commercial development along State Highway 78 over the next five years without completing the NTMWD Pump Station Improvements. During our second meeting with the NTMWD regarding the proposed pump station improvements they informed us that an air gap must be provided. That requirement more than doubles the probable cost of the pump station improvements (adding $1.2M to $1.3M). The NTMWD has indicated that it is unlikely they will pay for construction of the additional pump station and related facilities necessary to provide an air gap but this is not known for certain until a formal request is made. The remainder of the SH 78 Distribution Line is also required to provide sufficient water for Heavy Industrial demands along State Highway 78 and the approximate construction cost of the portion of that project not included in the 5-Year CIP is 51,320,000. If the NTMWD will not participate in the cost of improvements at the current NTMWD Pump Station site and the Brown Street Pump Station option is selected the approximate construction cost of the first phase of improvements is $3,900,000 requiring $2,915,000 more than is included in this bond proposal. cc: Mike Sferra Mindy Manson Larry Williamson j kbi,Raylit'IJOYJ antral rmia11104.n1nva yumq fli+am Rldel\k1ImWOrtip'mm(2) LOGOS Using a logo or lettering on the tank wall or on the dome ring ,5*--.'‘ LETI"ERING is a cost-effective way for communities and water utilities to personalize their storage tanks and increase community recognition. 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ANDREW MATH,IR.,P.E. December I, 2009 Mr. Chris Hoisted,P.E. City Engineer City of Wylie 949 Hensley Lane Wylie,Texas 75098 Re: Newport Harbor 2-MG Ground Storage Reservoir Recommendation for Award of Contract Dear Mr. Hoisted: We checked the bids received at 1:00 p.m.on November 30, 2009,for construction of the Newport Harbor 2-MG Ground Storage Reservoir and are returning the original bid documents and bid bonds with this letter, we understand you will return the bid bonds. Three(3) copies of the Bid Tabulation are enclosed for your use. Preload, Inc. of Hauppauge,New York, submitted the lowest Base Bid for the project. The Base Bid amount is $1,818,862.00. The amount for Alternate Bid Item 4(for Architectural Treatment)is $50,000.00. The total amount for the Base Bid plus Alternate Bid Item 4 is $1,868,862.00. Preload,Inc.bid 225 calendar days for completion of the project. This is less than the maximum amount of time allowed in the Special Conditions, which was 260 calendar days. The other bidder bid 260 calendar days. If Preload, Inc. is awarded the construction contracts for both the Newport Harbor 2-MG Ground Storage Reservoir and the Nortex 1.5-MG Ground Storage Reservoir projects they will be allowed 305 calendar days to complete both projects in accordance with the Special Conditions, We have recent experience working with Preload, Inc. on a similar project and in our opinion, they have the qualifications necessary to successfully complete this project. Accordingly, we recommend that the City of Wylie accept the bid of Preload, Inc. and award them a contract for construction of the Newport Harbor 2-MG Ground Storage Reservoir and Alternate Bid Item 4 in the amount of$1,868,862.00. We are available to discuss this matter at your convenience. Sincerely yours, (2;44., 01.4C Joe R.Carter,P.E. Enclosures Celebrating 40-Years of Quality Municipal Engineering(1969—2009) i:�leriw.yuk20oa-12J,upon n.,00r g.r\kncraVcconmd.wud.Joc Texas Firm F526 CITY OF WYLIE, TEXAS Newport Harbor 2-MG Ground Storage Reservoir AWWA D110,Type III BID SUMMARY Bids Received at 1:00 p.m.,Monday, November 30,2009 AMOUNT OF BID SUMMARY OF BID Calendar Contractor Schedule#1 Schedule#2 1 Schedule#3 Schedule#4 Sch. I +Sch.2 1 Sch. 1 +2+3 1 Seh. 1 +2+4 Days Bid 1. Preload, Inc. 60 Commerce Dr. Hauppauge,NY 11788 $ 1.714.100.00 $ 104,762.00 $ 50,000.00 $ 50,000.00 $ 1,818,862.00 $ 1,868,862.00 $ 1,868,862.00 225 2. Natgun Corporation I Teal Road Wakefield,MA 01880 $ 1,737,130.00 $ 104,106.00 $ 24,240.00 $ 45,750.00 $ 1,841,236.00 $ 1,865,476.00 $ 1,886,986.00 260 wtilm'Slxiu L'3'spea.RchMo.Y.IRS-_sh TABULATION OF BIDS BID OF BID OF Date: November 30,2009 Project: CH OF W YLIE, 'TEXAS BIRKHOFE,HENDRICKS&CONWAY,L.L.P. Preload,Inc tNatgun Corporation Newport Harbor 2-MG Ground Storage Reservoir PROFESSIONAL. ENGINEERS 60 Commerce Dr. 11 Teal Road AWWA DI10_Type III Dallas,Texas Hauppauge,NY 11788 Wakefield,MA 01880 Item Approximate Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension BID SCHEDULE NO. 1 NEWPORT HARBOR 2-MG GROUND STOWAGE RESERVOIR For Constructing the Newport Harbor 2-MG Ground Storage Reservoir including all Site Work,Parking, 101 I L.S. Piping.Electrical and related appurtenances as specified and shown on the Plans $1,665,000.00 $ 1,605.000 00 $1.658,800.00 $ 1,658 800.00 For Removal and Disposal of Existing 500,000 Gallon Steel Tank including Cutting-Plugging,Removal and i 02 1 1_S_ Proper Disposal of all Related Items and Replacement of Soil as specified $20.200 00 $ 20 200.00 $51.850.00 $ 51,85000 103 1 L.S. For Design of Trench Safety Systems by a Professional Engineer,Licensed in the State of Texas $1,200 00 $ 1 200.00 $1,540 00 i $ 1540 00 104 I L.S. For Implementation&Maintenance of'french Sateip Systems $1,800.00 $ I800.00 $1,540 00 $ 154000 For Design and Implementation of a Storm Water Pollution Prevention Plan N accordance with the 105 1 I.S. Specifications $2,900 00 $ 2900.00 $410000 $ 4.160.00 106 I I.S. For Furnishing and Installing 12-Inch Water Line Connection to NTMWD 20"Water Line $23.00000 $ 23 000.00 $19,240.00 $ 19 240.00 AMOUNT OF BID SCHEDULE NO. 1-Newport Harbor (Items 101 Through 106) $ 1,714,100.00 $ 1,737,130.00 BID SCHEDULE NO. 2 MISCELLANEOUS CONSTRUCTION 201 1 Fa. Construct 4'x 4'Opening Drop Inlet with Concrete Apron $11,500.00 $ 11,500 00 $6.470.00 $ 6.470.00 202 227 L.F. Furnish&Install 18-1nch Class III R.0 P_Storm Sewer with Class C Embedment $87.00 $ 19 749.00 $77.00 $ 17.479 00 203 15 1 F. Furnish&Install 18-Inch Class III R.0 P.Storm Sewer with Class G Embedment(Concrete Encasement) $11500 $ 1,725.00 $100.00 $ 1,50000 204 276 S.Y. Remove&Replace Existing Reinforced Concrete Alley&Driveway Pavement North of Anchor Drive $84.00 $ 23,184.00 $131.00 $ 36,15600 205 86 L.F. Saw Cut Existing Reinforced Concrete Street,Alley or Driveway Pavement or Curb $14.00 $ 1,204.00 $4.00 $ 344.00 206 1 L.S. Connect to 18-Inch R C P Storm Sewer Stub-out $5,800.00 $ 5,800.00 $I 077.00 $ 1,077 00 Furnishing,Planting and Maintaining Landscape Plants as Shown on The Plans and in accordance with the 207 1 L.S. Specifications $21 600 00 $ 21,600.00 $2I 080 00 $ 2I 080.00 208 1 L S. Owner's Contingencies Allowance $20,000.00 $ 20 000.00 $20,000.00 $ 20.000 00 AMOUNT OF BID SCHEDULE NO. 2-Misc.Construction (Items 201 'Through 208) _ $ 104,762.00 $ 104,106.00 )nvslie.2o)o123specs,ea:wnamas-2xls Page 2 of 3 TABULATION OF BIDS _ BID OF BID OF Date: November 30,2009 Project: CITY OF WYLIE, TEXAS BIRKIIOFF,HENDRICKS&CONWAY,L.L.P. Preload.Inc. Natgun Corporation Newport Harbor 2-MG Ground Storage Reservoir PROFESSIONAL ENGINEERS 60 Commerce Dr. 11 Teal Road AWWA DI I0,Type Ill Dallas,Texas Hauppauge,NY 11788 Wakefield,MA 01880 _ Item Approximate (:nit Bid Lint Bid No. Quantities Unit Description Price Extension Price Extension ALTERNATE BID SCHEDULE NO. 3 ARCHITECTURAL PAINTING For Providing Decorative Painting Simulating the Decorative Arches/Pilasters for the Newport Harbor 2-MG 301 1 L.S. Ground Storage Reservoir as specified $50,000.00 $ 50,000 00 $24,240 00 $ 24 240.00 ALTERNATE BID SCHEDULE NO. 4 ARCHITECTURAL TREATMENT For Providing Decorative Arches/Pilasters for the Newport Ilarbor 2-MU Ground Storage Reservoir as 401 1 LS. specified $50.00000 $ 50,00000 $45,750.00 $ 45,750 00 SUMMARY OF BID: AMOUNT OF BID SCHEDULE NO. I -Newport Harbor (Items 101 Through 1061 $ 1,714,100.00 $ 1,737_130.00 AMOUNT OF BII) SCHEDULE NO. 2-Misc.Construction (Items 201 Through 208) - $ 104.762.00 $ 104,lort 00 AMOUNT OF BID SCHEDULE NO. 3-Architectural Painting (Item 3011 $ 50.000 00 $ 24,240.00 AMOUNT OF BID SCHEDULE NO. 4-Architectural Treatment (Item 401) $ 50_000.00 $ 45,750.00 TOTAL AMOUNT OF BASE BID (Bid Schedule Nos.I + 2) S 1,818,862.00 S 1,841,236.00 TOTAL AMOUNT OF BASE BID + ALTERNATE (Bid Schedule Nos. I + 2 + 3) $ 1,868,862.00 S 1,865,476.00 TOTAL AMOUNT OF BASE BID + ALTERNATE (Bid Schedule Nos.1 + 2 + 4) $ 1,868,862.00 S 1,886,986.110 Calendar Days Bid 225 260 1.'owtr¢„m,n-3epeceh'tiv-P&tvc. Nis Page 3 of 3 z, CITY OF WYLIE, TEXAS CONSTRUCTION PLANS FORi NORTEX 1.5 MG GROUND _ STORAGE RESERVOIR � ,� R c t! F Fv , s F 1I '- . 'tea-- a' iivit -... --t°75 ir.- '" CITY COUNCIL [ ` F `T ERIC HOGUE, MAYOR • 'f-z - - . 9 M.G. "RED" BYBOTH, MAYOR PRO—TEM DAVID GOSS KATHY SPILLYARDS MERRILL YOUNG i RICK WHITE SHEET INDEX CARTER PORTER CITY OF WYLI F�. SHEET DESCRIPTION I COVER SHEET& SHEET INDEX E. 11, 2 PROJECT GENERAL NOTES 3 MOND S DAN CITY MANAGER 4 PROPOSED SITE & CONTROL POINTS SITE PLAN MINDY MANSON 5 GRADING PLAT! 6 PROPOSED SUPPLY LINE - PLAN/PROFILE &RKFiOFF, ENDRICKS&CONWAY,L.L.P. 7 PROPOSED OUTLET UNE - IONPLAN/PROFILE- fI CITY ENGINEER PROFESSIONALENGLNEFILS 9 PROPOSED WRAC CONNECM PLAN/PROFILE CHRIS HOISTED, P.E- To DAN th. leas 10-12 TANK DETAILS NOVEMBER 2009 13-14 MISCELLANEOUS DETAILS E1A ELECTRICAL SITE PLAN E3A CONTROL SCHEMATICS s DIRECTOR OF PUBLIC SERVICES E4A ELECTRICAL DEFaLS 1 MIKE SFERRA , ESA ELECTRICAL. DETAILS 2 gA,r 4A — E1-E12 RECORD DRAWINGS g E. r4 $ !"$ $$S i $i gj El) rii W F 1. 2 t; * > . 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PROPOSED IF" I(ru(e4P0 I IN PE5176i1F12 17 SY/PGLY UNE , RL 5)3 BI 5 2 P+Sk.W 2 .IIi! !'.'r<�i £2SPENN6 245 1 I II E 15ll 020 o (PCRY A a4F1'* lVF �I G Y4 5*5 RT 2(50 7 h .S/A 242036 vVMSY FYIM 8 5£NAYR km(9 SiMH v Gu£' 1 tM' /+OJ 'M CV W .K 1 :)EI.X'S"' _ __________ !9 12..BRW R£M3h"t4Sf Y(141 SE TANK A..W SHfP\( P' .P ... ... _ __C. -.-._.-----+++-.,.��-'---5•'--n---.�—.. ThT AMC r &'X.Gi"' C T,L S II PW E -DST^. LXNfC(%L LkT N. ' YLK I EIw05I5 EcSM]�.._]5. itt5mF- 1 \: 1: R la. obi ..a%m�--y ''''..a.,„ _ a'NNE Et RENNIEEXIT 1 "ENNA FAX PENCE RP 122 F,1E W/ _ ea£ a �PN3L 5' IXISI&C 15'91PR tmf [ 1 N. 1/ �.... ' .mW(M R.WE mP RR,,,, WK>Cnwn' f _ __ - ~s / I,'wnw ,bR . EXISTING 91/.SW GAL GROUND PROPOSED I5 M6 GROUND 1 /� ` STORAGE RESERVOR cxnnnc xomo 'rota I SRk2a6'RESERVOIR �� / RouNMncN ELEV. csa.aa cuR o [ 540 rs MD. I , s Rao*:'Elk - 1 GPotMO SYJftIl4' `- [ . _ 5 _ 1 I J i 15 40 I I 1 L s a ON! .}ax 1 I st R +es 528 _ _ • { r,: �rrx+ _ - 1 { _ t ,- � k .....528 5 524 m _ _ Y'o5F a re +ccd mx b-n/arax mc✓aw re, Ev.S __ _. r 524 1 111%� �� 520 'Ic ' i _ .' - - g ; 52C 56 . I / C _ I' I i �. _ 1 SL 2iw zt4) ,+50 a. I+LO 0+50 0+0 "' CITY OF WYLIE,TEXAS -- BHiKHOFF,HENDB.ICKS&CON9VAY L.L.P. �� e No .Na were Imes hrn, ""- } `Ry NORTE%tS MG.GROONO STORAGE RESERVOIR f52",&S - wE E LY A4.:3 P— PROPOSED SUPPLY LINE 1 — — — - mu,+T-,., ,rz4”,lw •tom "' 9 PLAN/PROFILE .euaee._, 6 mwn.,,/Lm-uw .-vas RV'Aie,.",w wwix7Wwblw5,2itiaw rw,scut,x 0Gl Sttt,,.n.m rvenm err as umw.6 a+„A:ms 1 ErUR TA19E I nµ,E s \ i! MATING 917.500 CAL GROUND G53 srva --I. � I s. — �7+- fUUNDAToN Et . SDH.aO STORAGE RESERVOIR 1.is'5+y PROPOSED )5 A.I.O. GROUND'', 1 AL,___ uua� r 1 o ELEV. 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Recommendation Motion to appoint as a Council representative to the regional Emergency Preparedness Planning Council for a two year term. Discussion In 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional level. The EPPC meets every other month, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee which is the technical arm (staff participants) of the initiative. Due to the two-year limitations of EPPC members, Councilman White's term will expire in December. City Council's recommendation must be submit a completed nomination form to the Emergency Preparedness Department no later than December 18, 2009. The Executive Board will review all nominations and select members at the January 28, 2010 Executive Board meeting. The current EPPC roster is attached along with the nomination form. A short hio of the nominee is requested to accompany the nomination form. ., . :. Initial Date Department Director !VIM 12/1/09 City Manager '` 1 ' ' �1 Page 1 of 1 2009 _= North Central Texas — Emergency Preparedness Planning Council Nomination Form Date / /2009 Elected Official Nominated Title City of Mailing Address City Zip Code Email Address Phone Number( ) - What contributions could the nominee make to the council? Nominated By Title City of Mailing Address City Zip Code Email Address Phone Number( ) - Nominator Signature Please scan the completed nomination form to mdevine{o nctcoq.orq; or FAX to 817-608-2372,Attn: Melanie Devine; or mail to North Central Texas Council of Governments, Emergency Preparedness De- partment,616 Six Flags Dr., P.O. Box 5888,Arlington. TX 76005-5888. In order to present nominations to the Executive Board in January 2010,we will need to have submissions by December 18. 2009. Emergency Preparedness Planning Council 2009 Roster First Last Title Address City Slate Zip City/County Phone E-mail Don Beeson _ Count Commissioner 4300 East FM 4 Cleburne _ TX 76031 Johnson County 817-558-9400 donbjjohnsoncountytxorg Rexene Bogdan Councilntember 206 N.Murphy Road Murphy imit 75094 City of Murphy 972-468-4011 rbogdan©murphytx.org Carter Burdette Counalntember 1000 Throckmorton St. Fort Worth TX 76102 City of Fort Worth 817-877-2834 carter.burdettepfortyorthgov.orq Perry" Bynum Coundintmnber 201 N.Ector Dr. Euless TX 78039 City of Euless 817-822-7712 pbynumphaltomcitytx.com 300 West 3rd Ave. HM Davenport County Judge Suite 101 Corsicana TX 75110 Navarro County 903-654-3025 hnrdavenporl navarrocountyoem org Bill Dodson County Commissioner 1400 Oak Grove Rd. Ennis TX 75119 Ellis County 972-875-3241 billdodsonyDco.ellis.tx.us Jim Foster County Judge 411 Elm St. Dallas TX 75202 Dallas County 214-653-7949 jfoster(ctdallascounty.orq Billy Faught Councilmember P.O.Box 9478 Co •ell TX 75019 Ci of Co•tell 972-393-7235 bfaught(deci.coppelltx.us r o rant Richard Fregoe Councitmember 317 College St. Grand Prairie TX 75053 Prairie , 972-237-6000 cdimaggiLSigptx.om Wayne Gent County Judge 100 West Mulberry St. Kaufman 75142 Kaufman County 972-932-4331 countyjudgepkaufmancamty.nel Allen Harris Councilmember 6800 Main St. The Colony TX 75056 City of The Colony 942-625-2580 atlen(hallenhaniscom Richard Hill Counalmember P.O.Box 1097 Greenville TX 75403 Hunt County 903-408-4246 rhiliphuntcounly.net Delia Jasso Councilmember 1500 Martha St.85FN Dallas TX 75201 City of Dallas 214-670-4052 delta iasswgdallascityhall com David Kelly Mayor 100 Main St. Colleyville TX 76034 City of Colleyville 817-503-1140 kellydi8fd.colieyville.tx.us Kimberly Lay Councilmember P.O.Box 9010 Addison TX 75001-9010 City of Addison 214-552-8244 ,klaypaddisontx.gov Bill McElhaney County Judge P.O.Box 393 Decatur TX 76234 Wise County 940-627-5743 cojudgepco.wse.tx.us -fiJ0 N Vattey Parkway - —-- Bobbie Mitchell County Commissioner Ste.120 Lewisville TX 75067 Denton County 972-434-4780 bobble.mitchellpdentoncounty.com Andy Rash County Judge 100 E.Pearl St. Granbury TX 76048 Hood Conn 817-579-3200 arash%co hood.tx.us 211 E.Pleasant Run Rd. Sandy Respess Councilmember Ste.A DeSoto TX 75115-3939 City of DeSoto 972-230-2233 srespesspici.desoto.tx.us _ Mark Riley County Judge One Courthouse Square Weatherford TX 76086 Parker County 817-598-6148 judge.riley(dparkercountytx.com 6110 Vngma Pkwy. Keith Self County Judge Suite 230-132 McKinney TX 75071 Collin County 972-024-1460 keithseltpcollincountytagov 1945 E.Jackson Rd. Terry Simons Coundlnrember P.O.Box 110535 Carrollton TX 75011-0535 City of Carrollton 972-466-3174 terrysimons8dtyofcarroiitoncom Ghettos* .,Smith Mayor Pro Tern 5560 Hig n 78 Sachse TX 75048 City of Sachse 972-495.1212 cnadesacwsfuneraitmme,com 1520'venue X Lissa Smith Coundimenber Ste.115 Plano TX 75074 Collin County 972-941-7107 tissasmithCaplano.gov 303 Palo Pinto St. Craig Swaney Councilmember P.O.Box 255 Weatherford TX 76086 City of Weatherford 817-598-4102 cswancypweathedorducgov 1541 West Church St. Lathan Watts Councilmember P.O.Box 299002 , Lewisville TX 75057 City of Lewisville 972-219-3404 Iwatls(ojcityoftewlsville.com Rick White Counciimember 2000 Highway 78 NmN Wylie TX 75098 City of Wylie 972-442-8120 rick.whitepwytietexasgov B.Glen Whitley County Judge 100 East Weatherdford St. Fort Worth TX 76196 Tarrant County 817-884-1441 bewhittey@tarrantcounty.coei LOU Nbrth HMI'St. Rick Williams Coundlmember P.O.Box 469002 Garland TX 75046-9022 City of Garland 972-495-9545 RWilliamc ci.•artand.tx.us 'Chair "Vice-chair updare4 November.2009 NCTCG6-EP FROM: Gregg Dawson Emergency Preparedness Program Director North Central Texas Council of Governments SUBJECT: Regional Emergency Preparedness Planning Council (EPPC) Nominations/Rick White term expiration The Emergency Preparedness Planning Council is the embodiment of visions held by many regional elected officials after 9/11: a more integrated and coordinated regional emergency planning process that facilitates response excellence in the event of a large scale, catastrophic event or other emergency. The Council has since grown to set policy and oversee regional emergency capabilities in planning, preparedness, response, recovery, and mitigation. The Emergency Preparedness Planning Council is composed of elected officials from cities and counties participating in the NCTCOG Emergency Preparedness Department and interested in furthering our preparedness vision. The Council continues to ensure excellence in regional preparedness through coordination and integration of various emergency preparedness plans, practices and resources; and through engagement of stakeholders such as state and federal agencies, hospitals, and other private sector entities. Due to the two-year term limitations of EPPC members, Rick White's term will expire in December. Although Wylie will move to a new population category - 30,000 to 49,999 - for 2010, this population categorgy also has a seat vacancy. We are soliciting nominations for this position and requesting your recommendation be returned to the Emergency Preparedness Department no later than December 18, 2009. The Executive Board will review all nominations and select members at the January 28, 2010 Executive Board meeting. For your information, we have included the current EPPC roster as well as the nomination form. A short bio of your nominee would also be helpful to the Executive Board selection committee. Nomination forms and supporting information may be returned via email, fax or traditional mail service. Instructions for return are listed on the nomination form. I appreciate your support of this program and look forward to working with you to increase our regional emergency preparedness capacity even more over the next two years. With best regards, Gregg Dawson and attachments Melanie Devine, MPA Emergency Preparedness Specialist North Central Texas Council Of Governments P.O. Box 5888 • Arlington, Texas 76005-5888 0 817.695.9138 • C 817.875.5496 • www.nctcog.org/ep/CCP Confidential Information: The information contained in this transmittal and accompanying documents, if any, is protected by both state and federal law. This information is intended 2