04-26-2011 (City Council) Agenda Packet _47:1 Wylie City Council
CITY OF_WYLIE NOTICE OF MEETING
,11111111
Regular Meeting Agenda
April 26, 2011 -- 6:00 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road, Building #100
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 webslte:
wwwwl,fietexas,gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie webslte: w fietexcm.ov.
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 972-516-6020.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS
• Presentation of 5ch 6 Weeks Star Students - Fairness
• Nik Molina from Birmingham Elementary won the raffle for Mayor for a Day.
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 (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
April 26,2011 Wylie City Council Regular Meeting Agenda Page 2 of 4
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the April 12, 2011 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider and place on file the City of Wylie Monthly Investment Report for March
31,2011. (L. Bantz, Finance Director)
C. Consider and place on file, the Monthly Revenue and Expense Report for the City of
Wylie as of March 31,2011. (L. Bantz, Finance Director)
D. Consider and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of March 31, 2011. (S. Satterwhite, Executive
Director)
E. Consider, and act upon, Ordinance No. 2011-11 amending Subsection A (Building,
Plumbing, Mechanical and Electrical Permit Fees) of Section III (Construction
Permit and Fees) of Appendix C of the Wylie Code of Ordinances (Wylie
Comprehensive Fee Schedule); Providing for a Penalty for the Violation of this
Ordinance; Providing for Repealing, Savings and Severability Clauses; Providing
for the Publication of the Caption of this Ordinance and Providing for an Effective
Date. (M. McAnnally, Building Inspections Director)
REGULAR AGENDA
Presentation
Presentation by North Texas Municipal Water District concerning the district's
request of Member Cities and Customers to initiate Stage 1 of the Drought
Contingency Plan. (Mike Whitman, NTMW)
1. Consider, and act upon, the implementation of Section 114-96 (a), (2), b, and e of
Stage 1 of the City's Drought Contingency Plan. (M.Sferra, Public Services Director)
Executive Summary
On March 25,2011,the North Texas Municipal Water District(NTMWD)took action to initiate Stage 1 of
the NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan
effective April 19, 2011. Stage 1 of the Plan is being implemented as a result of invasive zebra mussels
being found in Lake Texoma and the temporary loss of the Lake Texoma raw water supply by NTMWD.
The infestation of zebra mussels in Lake Texoma has resulted in a loss of 22.5% of the NTMWD's total
raw water supply. Zebra mussels are not harmful to humans and do not contaminate the water supply;
however, they do attach to water facilities and pipes that pump water causing increased operating and
maintenance costs. NTMWD is working with state and federal agencies to minimize zebra mussels from
being transferred from Lake Texoma into the Trinity River basin and ultimately southward to the Gulf of
Mexico.
April 26,2011 Wylie City Council Regular Meeting Agenda Page 3 of 4
2. Consider, and act upon, authorizing the City Manager to enter into a contract with
Land Design Partners-DFW, Inc. in the amount of$59,290 for professional services
related to the City of Wylie Trails Master Plan. (M.Sferra, Public Services Director)
Executive Summary
On February 22, 2011, City Council authorized the City Manager to negotiate a professional services
contract with Land Design Partners-DFW, Inc. for the City of Wylie Trails Master Plan. This approval
followed a formal RFP process and presentation to City Council by the two highest-ranking firms identified
in the RFP process. Funds for developing a Trails Master Plan were included in the annual budget for
fiscal year 2011. The 2010 City of Wylie Parks, Recreation and Open Space Master Plan identifies the
number one outdoor facility priority as being hike and bike trails. The intent of this new Trails Master Plan
will be to study the feasibility of a trails network within the entire City. The Trails Master Plan will be a
tool that City officials can use to plan and coordinate future improvements for trails and associated
infrastructure by various City departments. Land Design Partners-DFW, Inc. submitted a proposal and
conferred with staff to discuss the project scope and fees. The City Attorney's office has reviewed the
contract document to make sure it satisfies all City requirements.
3. Consider, and act upon, Resolution No. 2011-09(R) authorizing the City Manager to
execute an Agreement with the Texas Department of Transportation for the
furnishing, installing, and maintenance of traffic signal preemption equipment.
(C. Hoisted, Planning Director)
Executive Summary
On December 14, 2010 Council approved an agreement with Lee Engineering for the design of traffic
signal opticom detection upgrades. Opticom equipment allows emergency vehicles to preempt the normal
operation of traffic lights which stops conflicting traffic and gives the emergency vehicle the right of way.
The City of Wylie currently has seven traffic signals which do not have Opticom equipment installed. The
intersections are FM 544 and Westgate,FM 544 and SH 78, SH 78 and Alanis,SH 78 and Westgate, SH 78
and Ballard, SH 78 and Brown,and SH 78 and Spring Creek. These signals are owned by TxDOT and we
have submitted the final engineering plans for the installations.
4. Consider, and act upon, Resolution No. 2011-10(R) designating the Finance
Director, the City Manager and the Assistant Finance Director as authorized
representatives to invest City funds in the TexPool Local Government Investment
Pool and authorizing the Accountant selected information authority.
(L. Bantz, Finance Director)
Executive Summary
The City currently utilizes TexPool as an investment option. TexPool is a local government investment
pool under the oversight of the Comptroller of Public Accounts.Administrative and investment services are
provided to TexPool by Federated Investors, Inc. The City has been a TexPool participant for many years
and has received excellent service.
5. Consider, and act upon, Ordinance No. 2011-12 amending Ordinance No. 2010-17
(2010-2011 Budget) for proposed mid-year amendments for fiscal year 2010-2011.
(L. Bantz, Finance Director)
Executive Summary
The mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable
revenue and expenditure adjustments to the adopted budget. The detail is attached for the requested
items which are located within the General Fund, Utility Fund, Emergency Communications,4B Fund,
Wylie Economic Development Corporation, and the Fire Training Center Fund. The requests are further
defined as neutral(matching revenues to expenditures),revenue increases,or expenditure increases.
April 26,2011 Wylie City Council Regular Meeting Agenda Page 4 of 4
6. Consider, and act upon, Resolution No. 2011-13(R) approving an Impact Fee Agreement
between the City of Wylie and the Wylie Economic Development Corporation.
(S. Satterwhite, WEDC Executive Director)
Executive Summary
The Wylie Economic Development Corporation Board of Directors formally requests that the Wylie City
Council consider reducing thoroughfare impact fees associated with the construction of a 96,000 square
foot industrial facility located at 1405 Martinez Lane. As part of the Ascend Custom Extrusion project
which is a public private partnership between Ascend and the WEDC, a $15 million investment is being
made in Wylie along with the initial creation of seventy-five jobs up to two hundred within three to five
years. As a component of the project, the WEDC is developing the real property improvements and will
lease the same back to Ascend.
7. Consider and act upon Resolution No. 2011-14(R) rejecting the bids for Community
Park Improvements.
Executive Summary
Bids for Community Park Improvements were received on Wednesday,April 20,2011. The lowest base
bid exceeds the amount of budgeted funding for the project. After discussion with the consultant,staff is
recommending that the bids be rejected.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article 111, Section 13-D.
WORK SESSION
• Annual Building Inspections Department Overview (M. McAnnally, Building Inspections
Director)
• Planning the Grand Opening of the Wylie Municipal Complex. (City Council)
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 21st day of April 2011 at 5:00 p.m. 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: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, April 12, 2011 —6:00 p.m.
Wylie Municipal Complex— Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. with the following Wylie City Council
members present: Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Rick
White, Councilman David Goss, and Councilman Bennie Jones. Mayor pro tem Red Byboth was
absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire
Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bentz; City Engineer,
Chris Hoisted; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and
various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Hogue asked for a moment of silence in honor of Lieutenant Robert Welch, a Wylie
resident who had lost his life in Afghanistan. He reported this was the first Wylie resident who
was lost in military service to the United States since the Vietnam War.
Mayor Hogue gave the invocation and Councilman Jones led the Pledge of Allegiance.
PRESENTATIONS
• Proclamation Telecommunicator Week.
Mayor Hogue, Police Chief Duscio and Fire Chief Corbin presented a proclamation designating
April 11-17 as Telecommunicator Week to Wylie Dispatch personnel. Chief Corbin explained
that the 9-1-1 dispatcher answers the initial emergency calls and are really the "first responders"
too. They work long hours, holidays and weekends, and are poised under pressure in times of
distress. Telecommuncators present included: Tristan Wissinger, Barbara Morrow and Albert
Allen. Mayor Hogue thanked them for their dedication.
Minutes April 12, 2011
Wylie City Council
Page 1
• Proclamation Tornado Awareness Month.
Mayor Hogue read a Proclamation designating the month of April as Tornado Awareness
Month. Chief Corbin asked every to be vigilant of inclement weather. Corbin noted the outside
sirens were to warn residents outside their homes to seek shelter. The sirens were not intended
for residents in the home but recommended residents subscribe to the Nixie program to get up
to minute coverage of tornado spottings.
• Annual Presentation by Community Waste Management.
CWD General Manager J. B. Sweeney presented a short report regarding the annual status and
activities of solid waste service for the City. They noted that recycling in the city had shown an
increase over the past year. He also reported complaints for solid waste were down over the
past year. CWD President Greg Roemer was also in attendance.
• Recognize the accomplishment of Officer Brenda Martin and Caro K-9.
Mayor Hogue and Police Chief Duscio presented Officer Brenda Martin and her K-9 Caro. He
explained that Officer Martin and K-9 Caro attended the United States Police Canine
Association trials in Conroe, TX. All canine units working for the law enforcement agencies are
required to demonstrate their abilities at an annual certification process involving a variety of
single and combined skill demonstrations. Officer Martin and K-9 Caro brought home the, first
place for Patrol Dogs, the Zantos trophy and the Top Dog trophy for the overall competition. The
Zantos trophy is named after a former Garland Police dog and the trophy is given for the top
score in criminal apprehension and obedience.
Chief Duscio explained that Officer Martin has handled police dogs for the past 11 years and
had won Top Dog before with her first partner, Carlo.
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 (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
Bobby Heath representing the Wylie Downtown Merchants Association addressed council
regarding signs and banners in the downtown area. Mayor Hogue directed staff to meet with Mr.
Heath about the issues.
Don Helium representing WASA, Inc. addressed council requesting that they attend the Joey
Riley Comedy Review to be held April 14, 2011 at 7:30 pm at the First Baptist Events Center.
Funds raised will be used toward the renovation of the old library for a new senior center.
Gerald Dunn residing at 1723 Harvest Crossing, Wylie TX addressed council with water usage
concerns regarding his HOA in the Pheasant Creek subdivision.
Robert C. Wilson residing at 1407 Abbeville Road Wylie, TX addressed council with concerns
regarding the Wylie Police Department. Mayor Hogue gave direction to staff to review the
information provided by Mr. Wilson.
Minutes April 12, 2011
Wylie City Council
Page 2
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the March 22, 2011 Regular
Meeting of the Wylie City Council, the Minutes of the Special Called Work Session
of March 29, 2011, and the Minutes of the Special Called Work Session on April 5,
2011. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2011-05(R) amending Resolution No. 2011-
02(R) (Order of Election) and authorizing the Mayor to execute the Notice of
Election for the City of Wylie's General Election to be held May 14, 2011; to correct
the address for an Election Day polling location and to add all Collin County Early
Voting Polling Places as Exhibit "A", as required by Section 85.004 of the Texas
Election Code. (C. Ehrlich, City Secretary)
C. Consider, and act upon, approval and final acceptance of the reconstruction of FM
1378 from FM 544 to Brown Street and authorize final payment to Glenn Thurman,
Inc. in the amount of $165,984.95, and accept the project as complete. (C. Hoisted,
City Engineer)
D. Consider, and act upon, Ordinance No. 2011-10, amending PD 2007-14 & to modify
existing restrictions and remove Property Owners Association, generally located
east of Regency Drive and north of Steel Road. ZC 2011-03 (R. 011ie, Planning
Director)
Council Action
A motion was made by Councilman Jones, seconded by Councilman White to approve the
consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor pro tern
Byboth absent.
REGULAR AGENDA
Public Hearings
1. Hold a Public Hearing and consider a recommendation to the City Council
regarding a Replat for Arbor Acres, Block A, Lot 1R to combine two commercial
lots into one on .952 acres, generally located east of Regency Drive and north of
Steel Road. (R. 011ie, Planning Director)
Staff Comments
Senior Planner Charles Lee addressed council stating that the property totals .952 acres on two
commercial lots. This Replat proposes to combine two lots into one to accommodate the development
and expansion of an adjacent commercial business. Originally platted in December 2007 as part of a
Minutes April 12, 2011
Wylie City Council
Page 3
planned development commercial business center adopted May 22, 2007, the property has recently been
acquired by an abutting property owner. An Amended zoning application was approved on March 22,
2011 for the property in association with Zoning Case 2011-03 which addresses current and future
planned development stipulations.
Lee explained that The Replat complies with all applicable technical requirements of the City of Wylie.
Planning Commission voted 6-0 to recommend approval of the Replat.
Public Hearing
Mayor Hogue opened the public hearing for Zoning Case 2011-03 (Replat) at 6:45 p.m. asking
anyone present wishing to address council to come forward and limit their comments to three
minutes.
No one was present wishing to address council on this zoning case.
Mayor Hogue closed the public hearing at 6:45 p.m.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve a Replat
for Arbor Acres, Block A, Lot 1 R to combine two commercial lots into one on .952 acres,
generally located east of Regency Drive and north of Steel Road. A vote was taken and the
motion passed 6-0 with Mayor pro tern Byboth absent.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article II!, Section 13-D.
City Secretary Ehrlich read the caption to Ordinance No. 2011-10 into the official record.
Mayor Hogue announced there would be no Executive Session held regarding the Development
Agreement by and between the City and Lavon Partners, L.P. but could be posted on a future
agenda.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§ 551.071 —Consultation with Attorney
Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under
the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the
Open Meetings Act regarding: (M Manson, City Manager)
• Receive legal advice regarding the Development Agreement by and between the
City and Lavon Partners, L.P.
Minutes April 12, 2011
Wylie City Council
Page 4
RECONVENE INTO REGULAR SESSION
General Business
2. Consider and act upon authorizing the City Manager to execute a Development
Agreement by and between the City of Wylie and Lavon Partners, L.P. (M. Manson,
City Manager)
There was no action taken on Item #2, regarding a Development Agreement by and
between the City of Wylie and Lavon Partners, L.P.
Mayor Hogue moved into Work Session at 6:46 p.m.
WORK SESSION
• Planning the Grand Opening of the Wylie Municipal Complex (City Council)
Mayor Hogue asked if council had any updates they wished to report regarding the planning of
the Wylie Municipal Complex Grand Opening. No council members had updates. Mayor Hogue
reminded the council that follow-up calls to prospective sponsors for the event were due to be
completed within the week.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
White, seconded by Councilman Jones to adjourn the meeting at 6:50 p.m. A vote was taken
and the motion passed 6-0 with Mayor pro tern Byboth absent.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes April 12, 2011
Wylie City Council
Page 5
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: B.
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: April 15, 2011 Budgeted Amount:
Exhibits: Investment Report
Subject
Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2011.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Investment Report for March 31, 2011.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Approved By
Initial Date
LB 511
Department Director ,
City Manager ,Q 1
Page 1 of 1
2010-2011 Investment Report
March 31, 2011
Money Market Accounts: MMA
Certificates of Deposit: CCD
Treasury Bills: T-Bills
Treasury Notes: T-Notes
Government Agency Notes: AN
Invest. Principal Type Of Interest Purchase Maturity
Number Amount Security Rate Issuer Date Date
1 $51,784,289.26 MMA 0.1461% Texpool 12/31/2006 NA
2 $15,000,000.00 MMA 0.1408% TexStar 3/15/2011 NA
$66,784,289.26
Total
Weighted Average Coupon: 0.14% Money Markets: $66,784,289.26
Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00
$66,784,289.26
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: C.
Department: Finance (City Secretary's Use Only)
Prepared By: Finance
ti.i Account Code:
Date Prepared: April 15, 2011 Budgeted Amount:
Revenue and Expenditure
Exhibits: Monthly Report
Subject
Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2011.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31,
2011.
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 LB 04/15/11
City Manager 1 /,10/11
Page 1 of 1
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
March 31,2011
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00%
ACCOUNT DESCRIPTION 2010-2011 2010-2011 2010-2011 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 16,359,668 438,868 14,447,382 88.31% A
FRANCHISE FEES 2,260,000 125,381 745,933 33.01% B
LICENSES AND PERMITS 287,030 64,542 278,659 97.08% C
INTERGOVERNMENTAL REV. 595,067 99,213 315,554 53.03%
SERVICE FEES 2,204,000 171,874 873,245 39.62% D
FINES AND FORFEITURES 548,107 24,485 144,297 26.33% E
INTEREST INCOME 30,000 2,188 10,938 36.46% F
MISCELLANEOUS INCOME 303,646 37,043 184,838 60.81%
OTHER FINANCING SOURCES 1,252,612 541,120 1,793,732 143.20% G
REVENUES 23,840,130 1,504,714 18,794,378 78.84%
USE OF FUND BALANCE 1,630,932 NA NA NA H
TRANSFER FROM FLEET 742,500
TOTAL REVENUES 26,213,562 NA NA NA
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 83,281 5,557 37,225 44.70%
CITY MANAGER 787,994 64,252 360,505 45.75%
CITY SECRETARY 243,827 19,175 104,706 42.94%
CITY ATTORNEY 128,000 11,086 50,294 39.29%
FINANCE 855,227 95,691 440,911 51.55%
FACILITIES 286,800 20,518 100,773 35.14%
MUNICIPAL COURT 345,488 18,570 145,658 42.16%
HUMAN RESOURCES 196,051 14,756 95,570 48.75%
PURCHASING 115,342 9,842 54,913 47.61%
INFORMATION TECHNOLOGY 979,551 77,194 580,727 59.29% I
POLICE 5,517,802 426,068 2,533,310 45.91%
FIRE 5,304,604 448,278 2,427,367 45.76%
ANIMAL CONTROL 277,775 26,339 126,212 45.44%
PLANNING 469,045 40,457 205,046 43.72%
BUILDING INSPECTION 671,287 58,574 313,398 46.69%
CODE ENFORCEMENT 193,542 14,046 76,555 39.55%
STREETS 1,313,233 103,805 483,915 36.85%
PARKS 1,624,539 122,763 653,612 40.23%
RECREATION 207,350 0 1,164 0.56% J
LIBRARY 1,178,693 119,647 552,337 46.86%
COMBINED SERVICES 4,909,131 290,531 2,840,202 57.86%
TOTAL EXPENDITURES 25,688,562 1,987,149 12,184,400 47.43%
REVENUES OVER(UNDER)EXPENDITURES 525,000 -482,435 6,609,978 31.40%
A.Property Tax Collections for FY10-11 as of March 31 are 97.90%,in comparison to FY09-10 for the same time period 96.43%.
B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority.
C.Licenses and Permits:Are recognized periodically,but we have seen an increase in plumbing,electrical and mechanical permits.New
Dwelling Permits are on track to meet projected revenue.
D.Service Fees:Trash fees are on track to meet projected revenue with the remaining fees coming from WAVE and other seasonal fees.
E.Fines and Forfeitures:Municipal Court Fines are down slightly.With the addition of bailiff/warrant officer,these revenues are projected to rise.
F. Interest Income:In relation to the last 12 months the current interest is in line with projections.
G.Other Financing Sources consist of the Utility Fund transfer and WEDC transfer for services rendered.The transfer increase is due to the scheduled
closing of the Fleet Fund.
H.Use of Fund Balance:to supplement the Emergency Communications Tower,Debt Service,Streets and Alleys,and Municipal Complex Equipment.
I. With new Municipal Complex coming online,overtime associated plus equipment purchases that were originally budgeted for in FY 2011.
J.The majority of Recreation expenses come in the third and forth quarter that are associated with WAVE.
_ CITY OF WYLIE
MONTHLY FINANCIAL REPORT
March 31,2011
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00%
ACCOUNT DESCRIPTION 2010-2011 2010-2011 2010-2011 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 9,714,000 658,746 3,863,250 39.77%
INTEREST INCOME 30,000 1,457 11,480 38.27%
MISCELLANEOUS INCOME 35,000 2,933 16,990 48.54%
OTHER FINANCING SOURCES 1,500,000 343,175 1,843,175 122.88% K
TOTAL REVENUES 11,279,000 1,006,311 5,734,895 50.85%
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 317,274 18,215 176,281 55.56%
UTILITIES-WATER 1,048,752 72,725 418,266 39.88%
CITY ENGINEER 435,016 31,181 189,633 43.59%
UTILITIES-SEWER 635,126 48,404 344,714 54.27%
UTILITY BILLING 579,187 47,283 251,979 43.51%
COMBINED SERVICES 8,258,495 942,827 5,183,676 62.77%
TOTAL EXPENDITURES 11,273,850 1,160,635 6,564,549 58.23%
REVENUES OVER{UNDER)EXPENDITURES 5,150 -154,324 -829,654 -7.38%
K.Other financing sources consist of a transfer from the Impact Fund into Utility Fund,as well as a transfer from the scheduled closing of the Fleet Fund.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 4-26-11 Item Number: D.
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: 4-13-11 Budgeted Amount:
Exhibits: 1
Subject
Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of March 31, 2011.
Recommendation
Accept, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of March 31, 2011.
Discussion
The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials
on April 20, 2011.
Approved By
Initial Date
Department Director SS 4-13-11
City Manager 1 �'� / L.III.
Page 1 of 1
4-12-2011 08:24 AM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: MARCH 31ST, 2011
Ill-WYLIE ECONOMIC DEVEL CORP
ACCOUNTi TITLE
ASSETS
1000-10110 CLAIM ON CASH AND CASH EQUIV. 915,785.61
1000-10115 CASH - WEDC - INWOOD 0.00
1000-10135 INW00D BANK - ESCROW 0.00
1000-10180 DEPOSITS 2,000.00
1000-10198 OTHER - MISC CLEARING 295.26
1000-10341 TEX?OOL 0.00
1000-10343 LOGIC 0.00
1000-10481 INTEREST RECEIVABLE 0.00
1000-11511 ACCTS REC - MISC 0.00
1000-11517 ACCTS REC - SALES TAX 0.00
1000-12996 LOAN REC - JACOBY 0.00
1000-12997 ACCTS REC - STM TECH 0.00
1000-12998 ACCTS REC - SAVAGE 301,030.72
1000-14112 INVENTORY - MATERIAL/ SU?PLY 0.00
1000-14116 INVENTORY - LAND 3,062,109.82
1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00
1000-14310 PREPAID EXPENSES - MISC 0.00
1000-14410 DEFERRED CHARGES 669,332.80
4,950,554.21
TOTAL ASSETS 4,950,554.21
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
2000-20114 IRS LEVY PAYABLE 0.00
2000-20115 NATIONWIDE DEFERRED COM? 0.00
2000-20116 HEALTH INSUR PAY-EMPLOYEE 262.65}
2000-20117 TMRS PAYABLE 0.00
2000-20118 ROTH :RA 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
2000-20125 VALIC DEFERRED COM? 0.00
2000-20126 ICMA PAYABLE 0.00
2000-20130 FLEXIBLE SPENDING ACCOUNT 2,849.94
2000-20151 ACCRUED WAGES PAYABLE 0.00
2000-20180 ADDIT EMPLOYEE INSUR PAY 0.00
2000-20199 MISC PAYROLL PAYABLE 0.00
000-20201 AP PENDING 4,560.92
2000-20210 ACCOUNTS PAYABLE 295.26
2000-20530 PROPERTY TAXES PAYABLE 0.00
2000-20540 NOTES PAYABLE 669,332.80
2000-20810 DUE TO GENERAL FUND 0.00
4-12-2011 08:24 AM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: MAACA 31ST, 2011
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT TITLE
2000-22270 DEFERRED REVENUE 202,113.52
2000-22915 RENTAL DEPOSITS 1,800.00
TOTAL L:AB:LIT:ES 880,689.79
EQUITY
3000-34590 FUND BALANCE-UNRESERV/UNDES G 3,877,296.71
TOTAL BEGINNING EQUITY 3,877,296.71
TOTAL .REVENGE 1,375,629.88
TOTAL EXPENSES 1,183,062.17
REVENUE OVER/(UNDER) EXPENSES 192,567.71
TOTAL EQUITY S OVER/(UNDER) 4,069,864.42
TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER) 4,950,554.21
4-12-2011 08:24 AM CITY OF WYLIE PALE'" 1
BALANCE SHEET
AS OF: MARCH 31ST, 2011
922-GEN LONG TERM DEBT (WEDC)
ACCOUNTI TITLE
ASSETS
1000-10312 GOVERNMENT NOTES 0.00
1000-18:10 LOAN - WEDC 0.00
1000-18120 LOAN - BIRMINGHAM 0.00
1000-18210 AMOUNT TO SE PROVIDED 0.00
1000-18220 B_RMINGHAM LOAN 0.00
0.00
TOTAL ASSETS 0.00
L'"ABIL:TIES
2000-20310 COMPENSATED ABSENCES PAYABLE 36,069.88
2000-20311 COM? ABSENCES PAYABLE-CURRENT 2,830.57
2000-21410 AlP - GO/CO BONDS 512.10
2000-28205 WEDC LCANS - CURRENT 57,739.04
2000-28220 BIRMING-AN LCAN 0.00
2000-28230 INW00D LOAN 0.00
2000-28235 ANB LOAN 374,307.55
2000-28240 HUGHES LOAN 189,068.10
2000-28250 CITY OF WYLIE LOAN 0.00
2000-28260 PRIME RUTS LOAN 0.00
2000-28270 BOWLAND/ANDERSON LOAN 0.00
2000-28280 CAPITAL ONE CAZAD LOAN 0.00
TOTAL LIABILITIES 660,527.24
EQUITY
3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 828,955.21)
TOTAL BEGINNING EQUITY ( 828,955.21)
TOTAL REVENUE 0.00
TOTAL EXPENSES ( 168,427.97)
REVENUE OVER/(UNDER) EX?ENSES 168,427.97
TOTAL EQUITY & OVER/(UNDER) ( 660,527.24)
TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00
4-12-2011 08:20 AM CITY OF WYLIE PBGEt /
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2011
111-WYLIE ECONOMIC DEVIL 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 ,299,056.00 104,670.12 0.00 467,560.64 0.00 831,495.36 35.99
INTEREST INCOME 3,000.00 163.40 0.00 1,109.25 0.00 1,890.75 36.98
MISCELLANEOUS INCOME 727,050.00 8,295.81 0.00 681,532.99 0.00 45,517.01 93.74
OTHER FINANCING SOURCES 0.00 225,427.00 0.00 225,427.00 0.00 ( 225,427.00) 0.00
TOTAL REVENUES 2,029,106,00 338,556.13 0.00 2,375,629.88 0.00 653,476.12 67.79
EXPENDITURE SUMMARY
DEVELOPMENT CORP-WEDC 7,666,954.00 622,633.86 0.00 1,183,062.17 4,440.00 6,479,451.83 15.49
TOTAL EXPENDITURES 7,666,954.00 622,633.86 0.00 1,183,062,17 4,440.00 6,479,451.83 15.49
REVENUE OVER/(UNDER} EXPENDITURES ( 5,637,848.00) ( 28.4,0,1.530 0-00 i92„567,71 ( 4,440.00) ( 5,825,975.71) 3,34-
4-12-2011 08:20 A21 CITY OF WYLIE PA4f)(1: 2
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2011
111-WYLIE ECONOMIC DEVEL CORP
REVENUES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
TAXES
4000-40210 5A_.ES TAX 1,299,056.00 104,670.12 0.00 467,560.64 0.00 831,495.36 35.99
TOTAL TAXES 1,299,056.00 104,670.12 0.00 467,560.64 0.00 831,495.36 35.99
INTEREST INCOME
4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 :63.40 0.00 1,109.25 0.00 1,890.75 36.98
4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL INTEREST INCOME 3,000.00 163.40 0.00 1,109.25 0.00 1,890.75 36.98
MISCELLANEOUS INCOME
4000-48110 RENTAL INCOME 87,800.00 7,800.00 0.00 41,200.00 0.00 46,600.00 46.92
4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-48410 MISCELLANEOUS INCOME 639,250.00 495.81 0.00 640,332.99 0.00 ( 1,082.99) 100.17
4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL MISCELLANEOUS INCOME 727,050.00 8,295.81 0.00 681,532.99 0.00 45,517.01 93.74
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 0.00 225,427.00 0.00 225,427.00 0.00 ( 225,427.00) 0.00
TOTAL OTHER FINANCING SOURCES 0.00 225,427.00 0.00 225,427.00 0.00 ( 225,427.00) 0.00
TOTAL REVENUES 2,029,106.00 338,556.33 0.00 1,375,629.88 0.00 653,476.12 67.79
4-12-2011 08:20 AM CITY OF WYLIE PAGE: 3
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2011
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-O Y-T-D BUDGET % OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
PERSONNEL SERVICES
5611-51110 SALARIES 266,778.00 12,832.50 0.00 77,636.62 0.00 89,141.38 46.55
5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51140 LONGEVITY PAY 960.00 0.00 0.00 964.00 0.00 ( 4.00) 100.42
5611-51145 SICK LEAVE BUYBACK 1,924.00 0.00 0.00 1,764.62 0.00 159.38 91.72
5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 5,268.22 0.00 6,051.78 46.54
5611-51220 PHONE ALLOWANCE 3,456.00 265.84 0.00 1,608.33 0.00 1,847.67 46.54
5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51310 TMRS 20,452.00 1,712.62 0.00 10,101.99 0.00 10,350.01 49.39
5611-51410 HOSPITAL & LIFE INSURANCE 24,773.00 3,260.78 0.00 11,525.93 0.00 13,247.07 46.53
5611-51420 LONG-TERM DISABILITY 951.00 38.22 0.00 229.32 0.00 721.68 24.11
5611-51440 FICA 11,439.00 847.76 0.00 3,604.72 0.00 7,834.28 31.51
5611-51450 MEDICARE 2,676.00 198.27 0.00 1,233.33 0.00 1,442.67 46.09
5611-51470 WORKERS COMP PREMIUM 604.00 0.00 0.00 486.69 0.00 117.31 80.58
5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00
TOTAL PERSONNEL SERVICES 245,873.00 20,026.77 0.00 114,423.77 0.00 131,449.23 46.54
SUPPLIES
5611-52010 OFFICE SUPPLIES 14,200.00 53.34 0.00 10,492.55 0.00 3,707.45 73.89
5611-52040 POSTAGE & FREIGHT 1,220.00 0.00 0.00 198.92 0.00 1,02/.08 16.30
5611-52130 TOOLS/ EQUIP - UNDER S100 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-52810 FOOD SUPPLIES 3,600.00 663.44 0.00 1,531.58 0.00 2,068.42 42.54
5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL SUPPLIES 19,020.00 716.78 0.00 12,223.05 0.00 6,796.95 64.26
MATERIALS FOR MAINTENANC
5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-54810 COMPUTER HARD/SOFTWARE 2,000.00 0.00 0.00 1,114.73 375.00 510.27 74.49
5611-54990 OTHER 20,000.00 8,136.09 0.00 10,724.09 0.00 9,275.91 53.62
TOTAL MATERIALS FOR MAINTENANC 22,000.00 8,136.09 0.00 11,838.82 375.00 9,786.18 55.52
CONTRACTUAL SERVICES
5611-56030 INCENTIVES 796,888.00 39,214.71 0.00 90,812.89 0.00 706,075.11 11.40
5611-56040 SPECIAL SERVICES 25,845.00 7,185.00 0.00 17,430.92 0.00 8,414.08 67.44
5611-56080 ADVERTISING 39,590.00 765.00 0.00 3,980.00 0.00 35,610.00 10.05
5611-56090 COMMUNITY DEVELOPMENT 47,915.00 2,548.80 0.00 19,644.88 0.00 28,270.12 41.00
5611-56110 COMMUNICATIONS 3,140.00 253.69 0.00 2,134.33 0.00 1,005.67 67.97
5611-56180 RENTAL 27,000.00 2,221.24 0.00 13,755.28 0.00 13,244.72 50.95
5611-56210 TRAVEL & TRAINING 40,677.00 509.76 0.00 3,312.78 15.00 37,349.22 8.18
5611-56250 DUES & SUBSCRIPTIONS 7,8:3.00 0.00 0.00 1,900.00 0.00 5,913.00 24.32
5611-56310 INSURANCE 303.00 0.00 0.00 0.00 0.00 303.00 0.00
5611-56510 AUDIT a LEGAL SERVICES 12,600.00 240.00 0.00 8,789.50 0.00 3,810.50 69.76
5611-56570 ENGINEERING/ARCHITECTURAL 12,500.00 0.00 0.00 7,148.00 0.00 5,352.00 57.18
5611-56610 UTILITIES-ELECTRIC 4,800.00 257.91 0.00 992.41 0.00 3,807.59 20.68
TOTAL CONTRACTUAL SERVICES 1,019,071.00 53,196.11 0.00 169,900.99 15.00 849,155.01 16.67
4-12-2011 08:20 AM CITY OF WYLIE PAGE: 4
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: MARCH 31ST, 2011
111-WYLIE ECONOMIC DEVEL 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. RE?L
5611-57110 DEBT SERVICE-BOND DE3T_ 402,738.00 12,131.11 0.00 243,113.06 0.00 159,624.94 60.37
5611-57710 BAD DEBT EX?ENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL DEBT SERVICE & CAP. REPL 402,738.00 12,131.11 0.00 243,113.06 0.00 159,624.94 60.37
CAPITAL OUTLAY
5611-58110 LAND-PURCHASE PRICE 520,338.00 0.00 0.00 275,064.65 0.00 245,273.35 52.86
5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58810 COMPUTER HARD/SOFTWARE 500.00 0.00 0.00 0.00 0.00 500.00 0.00
5611-58630 FURNITURE & FIXTURES 10,000.00 0.00 0.00 9,332.00 0.00 668.00 93.32
5611-58910 BUILDINGS 5,422,414.00 528,427.00 0.00 567,680.48 4,050.00 4,850,683.52 10.54
56:1-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 225,514.65) 0.00 225,514.65 0.00
TOTAL CAPITAL OUTLAY 5,953,252.00 528,427.00 0.00 626,562.48 4,050.00 5,322,639.52 10.59
OTHER FINANCING (USES)
5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00
5611-59190 TRANSFER TO THORUGFFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00
TOTAL DEVELOPMENT CORP-WEDC 7,666,954.00 622,633.86 0.00 1,183,062.17 4,440.00 6,479,451.83 15.49
TOTAL EXPENDITURES 7,666,954.00 622,633.86 0.00 1,183,062.17 4,440.00 6,479,451.83 15.49
REVENUE OVER (UNDER) EXPENDITURES ( 5,637,848.00) ( 284,077.53) 0„00 192,1567.71 1 4,440.00) ( 5,825,975.71) ,34-
* * END OF REPORT +"•
Wylie Economic Development Corporation
Balance Sheet Subledger
March 31, 2011
Inventory-Land
Date of Pur =Address _: Acreage improvements(sq.--ft.}: _ t - ` _�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.Q.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
Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77
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
SAF-Holland 12/14/10 Martinez Lane 1.33 n/a 225,514.65
Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00
Total 31.45 3,062,109.82
*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.
*Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was
developed by Seller for tax purposes.
Wylie Economic Development Corporation
Balance Sheet Sub ledger
March 31, 2011
Notes Payable
Date of Rate of
Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance
February 28, 2011 $640,174.15
Hughes(#56 of 120) 7/25/06 3,676.29 208,955.08 2,805.65 870.65 5.00 206,149.43
ANBTX(#50f60) 10/28/10 8,454.82 421,795.49 6,830.00 1,624.82 4.95 414,965.49
March 31, 2011 9,635.65 $2,495.47 $621,114.92
Note: Principal and Interest payments vary by date of payment.
WYLIE ECONOMIC DEVELOPMENT CORPORATION
SALES TAX REVENUE
FOR THE MONTH OF APRIL 2011
MONTH WEDC WEDC WEDC DIFF % DIFF
2009 2010 2011 10 VS 11 10 VS 11
DECEMBER $90,500 $81,014 $103,687 $22,673 27.99%
JANUARY 101,531 91,593 100,999 9,406 10.27%
FEBRUARY 145,246 153,281 158,204 4,923 3.21%
MARCH 87,584 89,717 104,670 14,953 16.67%
APRIL 86,040 89,119 98,463 9,344 10.48%
MAY 130,966 144,953
JUNE 94,993 111,174
JULY 95,282 99,065
AUGUST 117,541 144,373
SEPTEMBER 104,015 98,102
OCTOBER 100,312 96,010
NOVEMBER 144,326 145,337
Sub-Total $1,298,336 $1,343,739 $566,024 $61,301 12.15%
AUDIT ADJ
TOTAL $1,298,336 $1,343,739 $566,024 $61,301 12.15%
WEDC SALES TAX ANALYSIS
$160,000
k.
da
$120,000
$100,000 1'f 1 , p
� � , ..........
02010$80,000 ra F +a l b 1. ! .y. .
E,; NI a 4 II,,. 10 ; i t 'ta ,, a d t0 1,„1 ,
00
$40,000
liw
` �
r I y'4 dJ 4 „a1.
$20,000 �1 it; lh i +r, l,�V )ra o V4 $"
1
$0 4w i,i '4 °` ,1�: i x 1. ?J far
I 6E 2 `
C. a
a ' a v t m
G -' LL oo
Cl) Z
Wylie City Council
CITY 4F WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: E.
Department: Building Inspections (City Secretary's Use Only)
Prepared By: Mike McAnnally Account Code: N/A
Date Prepared: 3/18/11 Budgeted Amount: N/A
Proposed Ordinance with
Exhibits: Exhibit"A"
Subject
Consider, and act upon, Ordinance No. 2011-11 amending Subsection A (Building, Plumbing, Mechanical and
Electrical Permit Fees) of Section III (Construction Permit and Fees) of Appendix C of the Wylie Code of
Ordinances (Wylie Comprehensive Fee Schedule); Providing for a Penalty for the Violation of this Ordinance;
Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption of this
Ordinance and Providing for an Effective Date.
Recommendation
Motion to approve Ordinance No. 2011-11 amending Subsection A (Building, Plumbing, Mechanical and
Electrical Permit Fees) of Section III (Construction Permit and Fees) of Appendix C of the Wylie Code of
Ordinances (Wylie Comprehensive Fee Schedule)
Discussion
The current State of Texas Regulations prohibits unsolicited person(s) from performing electrical, mechanical
and plumbing work or installations without a current license for the respective discipline. Thus, only state
license holders should be issued permits for those installations. This directly conflicts with our current New
Single Family fee found in Appendix C — Wylie Comprehensive Fee Schedule of the Code of Ordinances City
of Wylie, Texas. The current all inclusive fee doesn't address the state requirements for installations and
permits for Mechanical, Electrical and Plumbing to only allow the issuance to state license holders. The current
language doesn't provide for the issuance of permits to the Mechanical, Electrical and Plumbing Contractors.
This fee revision will bring our New Single Family permit process into conformance with state regulations by
identifying a fee for the permit issuance to only those individuals that are state licensed electrical, mechanical
and plumbing contractors.
The current New Single-Family Fee (including duplexes) would be changed from $700.00 plus .10 cents a
square foot. to that of $550.00 plus .04 cents a square foot and allowing for "three" MEP subcontractor
(mechanical, electrical and plumbing) permits to be issued at $50.00 plus .02 cents a square foot each, This
adjustment to individual MEP permits presents a net 0 increase to the current fee. This will not be an increase to
the current overall new Single Family building permit fee while allowing compliance with the state of Texas
licensing regulations.
Page 1of1
Page 2 of 2
III. Construction Permits and Fees
A. Building, Plumbing,Mechanical and Electrical Permit Fees.
When a building,plumbing, mechanical or electrical permit is required by the building,
plumbing, mechanical or electrical code adopted by the City of Wylie, Texas the
following fees shall be assessed:
Exception: Permit fees shall not be required when the permit is for a building
owned and occupied by a public agency.
(Current)
(1) New Single Family Fees (including duplexes) $700.00
plus .10 cents a:,quart foot
(Revised to read)
Building Fermin Fee fix i'+I"d'"IPfl „Single-Fanilly.�Nd°ddllr°m�ml" fitte'ttmdr'wor^g duplexes)
i „.S 550 00 plus.04 cents dm sdlneittrde.ofo'ot
(2) 1 ldrd.°houical (1 t 1 ,i C) Permit 1.'""ed for Nen,Single-Faniduy Dwelling
(including duplexes) $50.00 plus .02 d...'em'mt s a .selitiwr'foot,
(3) Electrical Permit l'ede..ttiir New ;S°ingold.-Fa m ill'°,Dwelling (including
„550 00 plus gil l" atolls a square loot
(4) lunt iu �mm� � m �sm lr Eamm Dwelling (including duplexes)
55"0.00plris ..0.2 cents a vinard .foot.
Approved By
Initial Date
Department Director
City Manager U
ORDINANCE NO. 2011-11
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
SUBSECTION A (BUILDING, PLUMBING, MECHANICAL AND
ELECTRICAL PERMIT FEES) OF SECTION III (CONSTRUCTION
PERMIT AND FEES) OF APPENDIX C OF THE WYLIE CODE OF
ORDINANCES (WYLIE COMPREHENSIVE FEE SCHEDULE);
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF
THE CAPTION OF THIS ORDINANCE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted
Ordinance No. 2009-12 establishing a consolidated fee ordinance ("Wylie Comprehensive Fee
Schedule") for the City of Wylie, Texas ("Wylie"); and
WHEREAS, such Wylie Comprehensive Fee Schedule is located in Appendix C of the
Wylie Code of Ordinances; and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to amend the fees located in Subsection A
(Building, Plumbing, Mechanical and Electrical Permit Fees) of Section III (Construction Permit
and Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances.
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: Amending Subsection A (Building, Plumbing, Mechanical and Electrical Fees)
of Section III (Construction Permit and Fees) of Appendix C (Wylie Comprehensive Fee
Schedule) of the Wylie Code of Ordinances. Subsection A (Building, Plumbing, Mechanical and
Electrical Fees) of Section III (Construction Permit and Fees) of Appendix C (Wylie
Comprehensive Fee Schedule) of the Wylie Code of Ordinances is hereby amended as provided for
in Exhibit"A,"attached hereto and incorporated herein for all purposes.
SECTION 3: Penalty Provision. Any person, firm, corporation or entity that violates this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a
sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and
sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each
continuing day's violation shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude the 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.
Ordinance No.2011-11 —Construction Permit and Fees
Consolidated Fee Amendment Page 1
591269.vl
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: 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 6: Effective Date. This Ordinance shall become effective from and after 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 26th day of April, 2011.
Eric Hogue, Mayor
ATTESTED AND
CORRECTLY RECORDED:
Carole Ehrlich, City Secretary
Date to be published in The Wylie News uvi,"Nft f ft0 ft II
Ordinance No.2011-11 —Construction Permit and Fees
Consolidated Fee Amendment Page 2
591269.vI
Exhibit "A"
Appendix C
WYLIE COMPREHENSIVE FEE SCHEDULE
III. Construction Permit and Fees.
A. Building, Plumbing, Mechanical and Electrical Permit Fees.
When a building, plumbing, mechanical or electrical permits is required by the building, plumbing,
mechanical or electrical code adopted by the City of Wylie, Texas the following fees shall be
assessed:
Exception: Permit Fees shall not be required when the permits is for a building owned and occupied
by a public agency.
Construction Permits and Fees
A. Building, Plumbing, Mechanical and Electrical Permit Fees.
(1) New Single-Family Fee (including duplexes) $550.00 plus .04 cents/sft.
(2) New Single-Family Residential Plumbing permit- $50.00 plus .02 cents/sft.
(3) New Single-Family Residential Mechanical permit- $50.00 plus .02 cents Isft.
(4) New Single-Family Residential Electrical permit- $50.00 plus .02 cents Isft.
Ordinance No.2011-11 —Construction Permit and Fees
Consolidated Fee Amendment Page 3
591269.v1
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: Presentation
Department: Public Services (City Secretary's Use Only)
Prepared By: Mike Sferra Account Code:
Date Prepared: April 8, 2011 Budgeted Amount:
Exhibits:
Subject
Presentation by North Texas Municipal Water District concerning the district's request of Member Cities and
Customers to initiate Stage 1 of the Drought Contingency Plan.
Recommendation
nla
Discussion
n/a
Approved By
Initial Date
Department Director MS 4-8-11
City Manager
Page 1 of 1
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: 1.
Department: Public Services (City Secretary's Use Only)
Prepared By: Mike Sferra Account Code:
Date Prepared: April 8, 2011 Budgeted Amount:
Exhibits: 2
Subject
Consider and act upon the implementation of Section 114-96 (a), (2), b, and e of Stage 1 of the City's Drought
Contingency Plan.
Recommendation
Motion to approve the implementation of Section 114-96 (a), (2), b, and e of Stage 1 of the City's Drought
Contingency Plan.
Discussion
On March 25, 2011, the North Texas Municipal Water District (NTMWD) took action to initiate Stage 1 of the
NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan effective April
19, 2011.
Stage 1 of the Plan is being implemented as a result of invasive zebra mussels being found in Lake Texoma and
the temporary loss of the Lake Texoma raw water supply by NTMWD. The infestation of zebra mussels in
Lake Texorna has resulted in a loss of 22.5% of the NTMWD's total raw water supply.
Zebra mussels are not harmful to humans and do not contaminate the water supply; however, they do attach to
water facilities and pipes that pump water causing increased operating and maintenance costs. NTMWD is
working with state and federal agencies to minimize zebra mussels from being transferred from Lake Texoma
into the Trinity River basin and ultimately southward to the Gulf of Mexico.
This is the first time zebra mussels have been found in Texas and NTMWD is the only water supplier
transferring water from Lake Texoma to the Trinity River basin.
In a letter received by the City, the NTMWD requests that Member Cities and Customers implement the
following water conservation strategies:
• Initiate Stage 1 of their respective drought contingency and emergency response plans.
• Increase public education efforts on ways to reduce water use.
• Intensify efforts on leak detection and repair.
Page 1 of 1
Page 2 of 3
Under Section 114-96, (a), (2) of the City's Drought Contingency Plan, the following Stage 1 responses are
available for implementation:
a. Request voluntary reductions in water use by the public and by wholesale customers.
b. Increase public education efforts on ways to reduce water use.
c. Review the problems that caused the initiation of Stage 1.
d. Notify major water users and work with them to achieve voluntary water use reductions.
e. Intensify efforts on leak detection and repair.
f. Reduce non-essential city government water use. (Examples include street cleaning, vehicle washing,
operation of ornamental fountains, etc.)
g. Reduce city government water use for landscape irrigation.
h. Ask the public to follow voluntary landscape watering schedules.
i. Notify wholesale customers of actions being taken and request implementation of similar procedures.
Items b and e of the above Section correspond with the request received from NTMWD, and staff requests that
Council authorize implementation of those two items.
In addition to the measures recommended above, the City's Water Conservation Plan is in effect at all times for
users of the City's water supply. Requirements of the Water Conservation Plan include the following landscape
water management measures which will assist NTMWD with their request to conserve water:
• Time of day restrictions prohibiting lawn irrigation watering from 10:00 a.m. to 6:00 p.m. beginning
April 1 and ending October 31 of each year.
• Prohibition of watering of impervious surfaces. (Wind driven water drift will be taken into
consideration.)
• Prohibition of outdoor watering during precipitation or freeze events.
• Lawn and landscape irrigation limited to twice per week as per the chart below:
Trash Days Watering Days
Monday Monday and Thursday
Tuesday Tuesday and Friday
Wednesday Wednesday and Saturday
Thursday Thursday and Sunday
Friday Friday and Monday
Page 3 of 3
• Prohibition of using oorl maintained irrigation systems that waste water.
• Rain and freeze sensors and/or ET or Smart controllers required on all new irrigation systems. Rain and
freeze sensors and/or ET or Smart controllers must be maintained to function properly.
• When washing a car at home use a hose with a shut-off nozzle.
Approved By
Initial Date
Department Director MS 4-8-11
—r1 41X0 ( 11
City Manager
4/4/2011
North Texas Municipal Water District
Zebra Mussel/Drought Plan Fact Sheet
• The North Texas Municipal Water District (NTMWD) provides treated water to 1.6
million customers in 13 member cities and 41 customer cities in Collin, Rockwall,
Hunt and Dallas Counties.
• NTMWD is the only water provider in North Texas that uses Lake Texoma as a raw
water source. Lake Texoma provides 22.5% of the district's water supply.
• In August 2009, the Texas Parks and Wildlife Department discovered zebra
mussels in Sister Grove Creek, a tributary of the East Fork of the Trinity River and
used by the NTMWD to transfer water from Lake Texoma. The invasive species
were first discovered in North America near the Great Lakes in 1988 and are
typically transferred from one river basin to another by boaters and anglers.
• NTMWD voluntarily stopped pumping water from Lake Texoma in July of 2009
when water supplies in Lavon Lake were full due to sufficient rain. However,
because of the zebra mussels, insufficient rainfall so far this year and a projected
dry year, the district will need to replace the Lake Texoma water supply and initiate
Stage 1 of the NTMWD Water Conservation and Drought Contingency and Water
Emergency Response Plan (Plan) to conserve water.
• The water is safe to drink. Zebra mussels are not harmful to humans and do not
contaminate the water supply. However, they do attach to water facilities and pipes
that pump water causing increased operating and maintenance costs to the district.
• NTMWD is working with federal and state agencies to minimize the transfer of
zebra mussels into Lavon Lake and the Trinity River basin and is evaluating
strategies to safely restore the Texoma water supply.
• Stage 1 of the Plan focuses on increasing education efforts to reduce water use
and urges residents to detect and repair water leaks around the house. The goal is
a 2% reduction in water usage.
• Because this is such a complex situation, the district must rely on conservation and
efficient use of water. Customers must conserve every drop. Tips, resources and
additional information can be found at httpl .ntmwd.com and matericLorq.
4/4/2011
Water Educators
Zebra Mussel Q&A:
What is all of this about?
The North Texas Municipal Water District was notified in April '09 that zebra
mussels were found in Lake Texoma and we get 22.5% of our water from that
source. As a result, the district is partnering with state and federal agencies to
minimize the transfer of zebra mussels into the Trinity River basin and voluntarily
stopped pumping water from Lake Texoma. That is why we must rely on
conservation efforts to maintain our water supply.
How long will this last?
We don't know exactly when the Texoma water supply will be back on-line but in
the meantime,the district is looking at other water sources and a strategy to
minimize the spread of the zebra mussels. NTMWD is working with state and
federal agencies to bring the supply back online.
Why is this happening?
Zebra mussels are an extremely invasive species that cause damage to pipes and
pumps that transfer water as well as affect the environment. The goal is to minimize
the zebra mussels from being transferred to the Trinity River basin and reduce the
chances of the mussels spreading to our water ways in Texas. It is the first time
zebra mussels have been found in Texas and NTMWD is the only water supplier
transferring water from Texoma to the Trinity River basin. That's why water
conservation efforts are so important.
Is the water safe to drink?
Yes,the water is safe to drink! The zebra mussels cause damage to the pipes and
pumps that transfer the water- that increases operating and maintenance costs.
NTMWD is evaluating strategies that will provide the best result of minimizing the
transfer of zebra mussels with the least amount of impact to customers.
What is the environmental impact of zebra mussels?
Zebra mussels filter the water consuming phytoplankton and nutrients. This can
interrupt the food chain and cause population declines in fish,birds and native
mussels. That's why it is so important that we maximize alternative resources until
we can find a solution to extend our water supplies.
What are the restrictions?
Stage 1 goal is a 20/0 reduction in water usage. NTMWD and the city is requesting
everyone to do their part and conserve water and detect and repair any leaks
around the house.Water conservation tips can be found at ateri .or
.ntmwd.com, www.agrilifeextension.tamu.edu,and the your city Web site..
4/4/2011
Why are Dallas and Tarrant Counties not affected?
Zebra mussels have only been found in Lake Texoma and NTMWD is the only water
provider who pumps from that source. The goal is to minimize the zebra mussels
from being transferred to the Trinity River basin,which both Dallas and Tarrant
counties use as a water supply and NTMWD wants to reduce the chances of the
mussels spreading to our other lakes.
Will this increase my water bill?
It's hard to determine at this point but we will employ a strategy that has the best
result with the least amount of impact to customers. This is a complex situation and
customers will have to conserve every drop of water.
Is this what causes the taste and odor in the water?
No, that is the result of blue-green algae in the source water. However the district is
working on an ozonation plant that will completely remove any taste and odor in
the water. It will be the largest in the nation and comes on line in 2014.
Have they found zebra mussels in Lake Lavon?
No,but they have been found three miles away in Sister Grove Creek. It is the first
time zebra mussels have been found in Texas and NTMWD is the only water
provider transferring water from Texoma to the Trinity River basin. That's why
water conservation efforts are so important. NTMWD is working with state and
federal agencies to minimize the transfer of zebra mussels to other water sources.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: 2.
Department: Public Services (City Secretary's Use Only)
Prepared By: Mike Sferra Account Code: 112-5614-56040
Date Prepared: April 8, 2011 Budgeted Amount: $60,000
Exhibits: 1
Subject
Consider, and act upon, authorizing the City Manager to enter into a contract with Land Design Partners-DFW,
Inc. in the amount of$59,290 for professional services related to the City of Wylie Trails Master Plan.
Recommendation
Motion authorizing the City Manager to enter into a contract with Land Design Partners-DFW, Inc. in the
amount of$59,290 for professional services related to the City of Wylie Trails Master Plan.
Discussion
On February 22, 2011, City Council authorized the City Manager to negotiate a professional services contract
with Land Design Partners-DFW, Inc. for the City of Wylie Trails Master Plan. This approval followed a
formal RFP process and presentation to City Council by the two highest-ranking firms identified in the RFP
process.
Funds for developing a Trails Master Plan were included in the annual budget for fiscal year 2011. The 2010
City of Wylie Parks, Recreation and Open Space Master Plan identifies the number one outdoor facility priority
as being hike and bike trails. The intent of this new Trails Master Plan will be to study the feasibility of a trails
network within the entire City. The Trails Master Plan will be a tool that City officials can use to plan and
coordinate future improvements for trails and associated infrastructure by various City departments. Land
Design Partners-DFW, Inc. submitted a proposal and conferred with staff to discuss the project scope and fees.
The City Attorney's office has reviewed the contract document to make sure it satisfies all City requirements.
The attached proposal outlines the approach for the project. The effort involves opportunities for public input
as well as input from the City Council, Park and Recreation Board, and an Advisory Board which will be
comprised with City staff members and at least two Park and Recreation Board members. The project is
anticipated to take 20—25 weeks to complete.
Approved By
Initial Date
Department Director MS April 8, 2011
City Manager fig Y l , 419,0111
Page 1 of 1
AGREEMENT
BETWEEN
THE CITY OF WYLIE, TEXAS (CITY)
AND
LAND DESIGN PARTNERS-DFW, INC. (CONSULTANT)
FOR
LANDSCAPE ARCHITECTURAL
DESIGN SERVICES AGREEMENT
Made as of the 26th day of April in the year Two Thousand and Eleven:
BETWEEN the City: The City of Wylie, Texas
300 Country Club Drive
Wylie, Texas 75098
Telephone: (972) 442-8120
Facsimile: (972) 442-4302
and the Consultant: Land Design Partners-DFW, Inc.
5310 Harvest Hill Road, Suite 100
Dallas, Texas 75230
Telephone: (972) 386-0630
Facsimile: (972) 386-0640
for the following Project: Trails Master Plan
The City and the Consultant agree as set forth below.
THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a
Home-Rule Municipal Corporation, hereinafter referred to as "City," and Land Design
Partners-DFW, Inc., hereinafter referred to as "Consultant," to be effective from and
after the date as provided herein, hereinafter referred to as "Agreement."
WHEREAS, the City desires to engage the services of the Consultant to design and/or
prepare construction documents for a Trails Master Plan, hereinafter referred to as
"Project;" and
WHEREAS, the Consultant desires to render such professional landscape architectural
services for the City upon the terms and conditions provided herein.
City of Wylie—Professional Services Agrennent Page 1
590777.v 1
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
ARTICLE 1
CONSULTANT'S SERVICES
1.1 Employment of the Consultant — The City hereby agrees to retain the
Consultant to perform professional landscape architecture services in connection
with the Project. Consultant agrees to perform such services in accordance with
the terms and conditions of this Agreement.
1.2 Scope of Services — The parties agree that Consultant shall perform such
services as are set forth and described in Exhibit "A," which is attached hereto
and incorporated herein by reference for all purposes. The parties understand
and agree that deviations or modifications to the scope of services described in
Exhibit "A," in the form of written change orders, may be authorized from time to
time by the City.
1.2.1 Requirement of Written Chanqe Order — "Extra" work, or "claims"
invoiced as "extra" work, or "claims" which have not been issued as a duly
executed, written change order by the Wylie City Manager, will not be
authorized for payment and/or shall not become part of the subcontracts.
A duly executed written change order shall be preceded by the Wylie City
Council's authorization for the Wylie City Manager to execute said change
order.
1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL
SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER
ISSUED BY THE WYLIE CITY MANAGER. Project Managers,
Superintendents, and/or Inspectors of the City are not authorized to issue
verbal or written change orders.
1.3 Schedule of Work — The Consultant agrees to commence work immediately
upon the execution of this Agreement, and to proceed diligently with said work to
completion as described in the Compensation Schedule / Project Billing / Project
Budget attached hereto as Exhibit "B" and incorporated herein by reference for
all purposes, but in no event shall the Project be completed any later than
December 31, 2011.
City of Wylie—Professional Services Agreement Page 2
590777.v I
ARTICLE 2
THE CITY'S RESPONSIBILITIES
City shall do the following in a timely manner so as not to delay the services of
Consultant:
2.1 Project Data — The City shall furnish required information that is currently has in
its possession, as expeditiously as necessary for the orderly progress of the
work, and the Consultant shall be entitled to rely upon the accuracy and
completeness thereof.
2.2 City Project Manager — The City shall designate, when necessary, a
representative authorized to act on the City's behalf with respect to the Project
(the "Project Manager"). The City or such authorized representative shall
examine the documents submitted by the Consultant and shall render any
required decisions pertaining thereto as soon as practicable so as to avoid
unreasonable delay in the progress of the Consultant's services. The Project
Manager is not authorized to issue verbal or written change orders for "extra"
work or "claims" invoiced as "extra" work.
ARTICLE 3
CONSULTANT'S COMPENSATION
3.1 Compensation for Consultant's Services — As described in "Article 1,
Consultant's Services," compensation for this Project shall be on a Type of
Payment Basis not to exceed Fifty-Nine Thousand Two Hundred Ninety and
00/100 Dollars ($59,290.00), (the "Consultant's Fee") and shall be paid in
accordance with Article 3 and the Compensation Schedule / Project Billing I
Project Budget as set forth in Exhibit "B." The final five percent (5%) of the
Consultant's Fee, or Two Thousand Nine Hundred Sixty-four and 50/100 Dollars
($2,964.50), shall not be paid until the Consultant has completed all of the
services described in Exhibit "A" and delivered to the City all of the documents,
plans, data, maps, and/or other information required in Exhibit "A."
3.1.1 Completion of Record Documents — City and Consultant agree that the
completion of the Record Documents and/or "As-Built" Documents,
including hard copy formatting and electronic formatting, shall be
completed, submitted to, and accepted by the City prior to payment of the
final five percent (5%) of the Consultant's Fee, or Two Thousand Nine
Hundred Sixty-four and 50/100 Dollars ($2,964.50). The electronic
formatting shall be consistent with the standards established in Exhibit
"C," City of Wylie Guidelines for Computer Aided Drafting and Design
("CADD"). Completion of the Record Documents and/or "As-Built"
documents shall be included in the Consultant's Fee and considered to be
within the Scope of Services defined under this Agreement.
City of Wylie—Professional Services Agreement Page 3
590777 v l
3.1.2 Disputes between City and Construction Contractor — If the Project
involves the Consultant performing Construction Administration Services
relating to an agreement between a Construction Contractor (the
"Contractor") and the City, and upon receipt of a written request by City,
Consultant shall research previous and existing conditions of the Project,
and make a determination whether or not to certify that sufficient cause
exists for the City to declare the Contractor in default of the terms and
conditions of the agreement. Consultant shall submit his findings in
writing to the City, or submit a written request for a specific extension of
time (including the basis for such extension), within fifteen (15) calendar
days of receipt of the written request from the City. City and Consultant
agree that if requested by the City, completion of this task shall be
included in the Consultant's Fee and considered to be within the Scope of
Services as defined under this Agreement.
3.2 Direct Expenses — Direct Expenses are included in the Consultant's Fee as
described in Article 3.1 and include actual reasonable and necessary
expenditures made by the Consultant and the Consultant's employees and
subcontractors in the interest of the Project. All submitted Direct Expenses are to
be within the amounts as stated in the Compensation Schedule / Project Billing /
Project Budget set forth in Exhibit "B," and consistent with Exhibit "D," City of
Wylie Guidelines for Direct Expenses, General and Administrative Markup, and
Travel and Subsistence Expenses. The Consultant shall be solely responsible
for the auditing of all Direct Expenses, including the subcontractors, prior to
submitting to the City for reimbursement, and shall be responsible for the
accuracy thereof. Any over-payment by the City for errors in submittals for
reimbursement may be deducted from the Consultant's subsequent payment for
services; provided, however this shall not be the City's sole and exclusive
remedy for said overpayment.
3.3 Additional Services — The Consultant shall provide the services as described in
the Scope of Services as set forth in Exhibit "A" of this Agreement. If
authorized in writing by the City, the Consultant shall provide additional services,
to be compensated on an hourly basis in accordance with this paragraph
("Additional Services"). These services may include, but are not limited to:
3.3.1 Additional meetings, hearings, work-sessions, or other similar
presentations which are not provided for or contemplated in the Scope of
Services described in Exhibit "A."
3.3.2 Additional drafts and revisions to the Project which are not provided for or
contemplated in the Scope of Services as described in Exhibit "A."
3.3.3 Additional copies of final reports and construction plans which are not
provided for or contemplated in the Scope of Services as described in
Exhibit "A."
City of Wylie—Professional Services Agreement Page 4
590777.v I
3.3.4 Photography, professional massing models which are not provided for or
contemplated in the Scope of Services as described in Exhibit "A."
3.3.5 Compensation for Additional Services authorized by the City shall be in
addition to the Consultant's Fee and shall be based on direct billable labor
rates and expenses.
3.3.6 Compensation for Additional Services authorized by the City shall be in
addition to the Consultant's Fee and shall be based on an hourly basis
according to the following personnel rates. The rates set forth in this chart
are subject to reasonable change provided prior written notice of said
change is given to City.
Hourly Billable Rates by Position
Name Position Hourly Rate
Project Director $210.00
Project Manager $125.00
Landscape Architect $100.00
Senior Trail Planner(Bowman-Melton) $140.00
Clerical/Administrative $ 60.00
3.4 Invoices — No payment to Consultant shall be made until Consultant tenders an
invoice to the City. Invoices are to be mailed to City immediately upon
completion of each individual task listed in Exhibit "B." On all submitted
invoices, Consultant shall include appropriate background materials to support
the submitted charges on said invoice. Such background material shall include,
but is not limited to, employee timesheets, invoices for work obtained from other
parties, and receipts and/or log information relating to Direct Expenses. All
invoices for payment shall provide a summary methodology for administrative
markup and/or overhead charges.
3.5 Timing of Payment — City shall make payment to Consultant for said invoices
within thirty (30) days following receipt and acceptance thereof. The parties
agree that payment by City to Consultant is considered to be complete upon
mailing of payment by City. Furthermore, the parties agree that the payment is
considered to be mailed on the date that the payment is postmarked.
3.6 Disputed Payment Procedures — In the event of a disputed or contested billing
by City, only that portion so contested may be withheld from payment, and the
undisputed portion will be paid. City shall notify Consultant of a disputed invoice,
or portion of an invoice, in writing by the twenty-first (21st) calendar day after the
date the City receives the invoice. City shall provide Consultant an opportunity to
City of Wylie—Professional Services Agreement Page 5
590777.E
cure the basis of the dispute. If a dispute is resolved in favor of the Consultant,
City shall proceed to process said invoice, or the disputed portion of the invoice,
within the provisions of Article 3.5. If a dispute is resolved in favor of the City,
Consultant shall submit to City a corrected invoice, reflecting any and all
payment(s) of the undisputed amounts, documenting the credited amounts, and
identifying outstanding amounts on said invoice to aid City in processing payment
for the remaining balance. Such revised invoice shall have a new invoice
number, clearly referencing the previous submitted invoice. City agrees to
exercise reasonableness in contesting any billing or portion thereof that has
background materials supporting the submitted charges.
3.7 Failure to Pay — Failure of the City to pay an invoice, for a reason other than
upon written notification as stated in the provisions of Article 3.6 to the
Consultant within sixty (60) days from the date of the invoice shall grant the
Consultant the right, in addition to any and all other rights provided, to, upon
written notice to the City, suspend performance under this Agreement, and such
act or acts shall not be deemed a breach of this Agreement. However,
Consultant shall not suspend performance under this Agreement prior to the
tenth (10th) calendar day after written notice of suspension was provided to City,
in accordance with Chapter 2251, Subchapter "D" ("Remedy for Nonpayment") of
the Texas Government Code. The City shall not be required to pay any invoice
submitted by the Consultant if the Consultant breached any provision(s) herein.
3.8 Adjusted Compensation — If the Scope of the Project or if the Consultant's
services are materially changed due to no error on behalf of Consultant in the
performance of services under this Agreement, the amounts of the Consultant's
compensation shall be equitably adjusted as approved by City. Any additional
amounts paid to the Consultant as a result of any material change to the Scope
of the Project shall be authorized by written change order duly executed by both
parties before the services are performed.
3.9 Proiect Suspension — If the Project is suspended or abandoned in whole or in
part for more than three (3) months, Consultant shall be entitled to compensation
for any and ail work completed to the satisfaction of City in accordance with the
provisions of this Agreement prior to suspension or abandonment. In the event
of such suspension or abandonment, Consultant shall deliver to City all finished
or unfinished documents, data, studies, surveys, drawings, maps, models,
reports, photographs, and/or any other items prepared by Consultant in
connection with this Agreement prior to Consultant receiving final payment. If the
Project is resumed after being suspended for more than three (3) months, the
Consultant's compensation shall be equitably adjusted as approved by the City.
Any additional amounts paid to the Consultant after the Project is resumed shall
be agreed upon in writing by both parties before the services are performed.
City of Wylie—Professional Services Agreement Page 6
590777.v
ARTICLE 4
OWNERSHIP OF DOCUMENTS
Documents Property of the City — The Project is the property of the City, and
Consultant may not use the documents, plans, data, studies, surveys, drawings, maps,
models, reports, photographs, and/or any materials for any other purpose not relating to
the Project without City's prior written consent. City shall be furnished with such
reproductions of the Project, plans, data, documents, maps, and any other information
as defined in Exhibit "A." Upon completion of the work, or any earlier termination of
this Agreement under Article 3 and/or Article 7, Consultant will revise plans, data,
documents, maps, and any other information as defined in Exhibit "A" to reflect
changes while working on the Project and promptly furnish the same to the City in an
acceptable electronic format. All such reproductions shall be the property of the City
who may use them without the Consultant's permission for any purpose relating to the
Project, including, but not limited to, completion of the Project, and/or additions,
alterations, modifications, and/or revisions to the Project.
4.1 Documents Subject to Laws Regarding Public Disclosure — Consultant
acknowledges that City is a governmental entity and that all documents, plans,
data, studies, surveys, drawings, maps, models, reports, photographs, and/or
any items prepared or furnished by Consultant (and Consultant's professional
associates and/or Sub-consultants) under this Agreement are instruments of
service in respect of the Project and property of the City and upon completion of
the Project shall thereafter be subject to the Texas Public Information Act (Texas
Government Code, Chapter 552) and any other applicable laws requiring public
disclosure of the information contained in said documents.
ARTICLE 5
CONSULTANT'S INSURANCE REQUIREMENTS
5.1 Required Professional Liability Insurance — Consistent with the terms and
provisions of Exhibit "E," City of Wylie Contractor Insurance Guidelines,
Consultant shall maintain, at no expense to City, a professional liability (errors
and omissions) insurance policy with a company that maintains a minimum rating
of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s),
authorized to transact business in the State of Texas, in an amount not less than
One Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two
Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall
name the City, its officers, agents, representatives, and employees as additional
insured as to all applicable coverage. Such policy shall provide for a waiver of
subrogation against the City for injuries, including death, property damage, or
any other loss to the extent that same is covered by the proceeds of the
insurance. Such policy shall require the provision of written notice to City at least
thirty (30) days prior to cancellation, non-renewal, or material modification of any
policies, evidenced by return receipt or United States Certified Mail. Consultant
City of Wylie—Professional Services Agreement Page 7
590777.v
shall furnish City with certificates evidencing such coverage prior to commencing
work on the Project.
5.2 Required Workers Compensation Insurance — Consistent with the terms and
provisions of Exhibit "E," City of Wylie Contractor Insurance Requirements,
Consultant shall maintain, at no expense to City, all Statutory Workers
Compensation Insurance as required by the laws of the State of Texas. Such
insurance policy shall be with a company that maintains a minimum rating of "A"
by A.M. Best's Key Rating Guide, or other equivalent service(s), and authorized
to transact business in the State of Texas. Such policy shall provide for a waiver
of subrogation against the City for injuries, including death, property damage, or
any other loss to the extent that same is covered by the proceeds of the
insurance. Such policy shall require the provision of written notice to City at least
thirty (30) days prior to cancellation, non-renewal, or material modification of any
policies, evidenced by return receipt or United States Certified Mail. Consultant
shall furnish City with certificates evidencing such coverage prior to commencing
work on the Project.
5.3 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage
— If Project size and scope warrant, and if identified on the checklist located in
Exhibit "E," City of Wylie Contractor Insurance Requirements, Consultant shall
maintain, at no expense to the City, an umbrella coverage or excess liability
coverage insurance policy with a company that maintains a minimum rating of"A"
by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized
to transact business in the State of Texas, in an amount of Two Million and
00/100 Dollars ($2,000,000.00). Consistent with the terms and provisions of
Exhibit "E," such policy shall name the City, its officers, agents, representatives,
and employees as additional insured as to all applicable coverage. Such policy
shall provide for a waiver of subrogation against the City for injuries, including
death, property damage, or any other loss to the extent that the same is covered
by the proceeds of the insurance. Such policy shall require the provision of
written notice to the City at least thirty (30) days prior to cancellation, non-
renewal, or material modification of any policies, evidenced by return receipt or
United States Certified Mail. Consultant shall furnish City with certificates
evidencing such coverage prior to commencing work on the Project.
ARTICLE 6
CONSULTANT'S ACCOUNTING RECORDS
Records of Direct Expenses and expenses pertaining to services performed in
conjunction with the Project shall be kept on the basis of generally accepted accounting
principles. Invoices will be sent to the City as indicated in Article 3.4.
City of Wylie—Professional Services Agreement Page 8
590777.v 1
ARTICLE 7
AUDITS AND RECORDS 1 PROHIBITED INTEREST I VENDOR DISCLOSURE
The Consultant agrees that at any time during normal business hours and as often as
the City may deem necessary, Consultant shall make available to representatives of the
City for examination all of its records with respect to all matters covered by this
Agreement, and will permit such representatives of the City to audit, examine, copy and
make excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement, and for a period of four (4) years
from the date of final settlement of this Agreement or for such other or longer period, if
any, as may be required by applicable statute or other lawful requirement.
The Consultant agrees that it is aware of the prohibited interest requirement of the City
Charter, which is repeated on the Affidavit, attached hereto as Exhibit "F" and
incorporated herein for all purposes, and will abide by the same. Further, a lawful
representative of Consultant shall execute the Affidavit attached hereto as Exhibit "F".
Consultant understands and agrees that the existence of a prohibited interest during the
term of this Agreement will render the Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth
in Chapter 176, Local Government Code, as amended, and will abide by the same. In
this connection, a lawful representative of Consultant shall execute the Conflict of
Interest Questionnaire, Form CIO, attached hereto as Exhibit "G" and incorporated
herein for all purposes.
ARTICLE 8
TERMINATION OF AGREEMENT 1 REMEDIES
City may, upon thirty (30) days written notice to Consultant, terminate this Agreement,
for any reason or no reason at all, before the termination date hereof, and without
prejudice to any other remedy it may have. If City terminates this Agreement due to a
default of and/or breach by Consultant and the expense of finishing the Project exceeds
the Consultant's Fee at the time of termination, Consultant waives its right to any portion
of Consultant's Fee as set forth in Article 3 herein and agrees to pay any costs over and
above the fee which the City is required to pay in order to finish the Project. On any
default and/or breach by Consultant, City may elect not to terminate the Agreement, and
in such event it may make good the deficiency in which the default consists, and deduct
the costs from the Consultant's Fee due Consultant as set forth in Article 3 herein. If
City terminates this Agreement and Consultant is not in default of the Agreement,
Consultant shall be entitled to compensation for any and all work completed to the
satisfaction of the City in accordance with the provisions of this Agreement prior to
termination.
In the event of any termination, Consultant shall deliver to City all finished and/or
unfinished documents, data, studies, surveys, drawings, maps, models, reports,
City of Wylie—Professional Services Agrennent Page 9
590777.v
photographs and/or any items prepared by Consultant in connection with this
Agreement prior to Consultant receiving final payment.
The rights and remedies provided by this Agreement are cumulative, and the use of any
one right or remedy by either party shall not preclude or waive its rights to use any or all
other remedies. These rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
ARTICLE 9
DISPUTE RESOLUTION 1 MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy,
claim or dispute arising out of or relating to the interpretation or performance of this
Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually
acceptable mediator.
ARTICLE 10
INDEMNITY
CONSULTANT SHALL RELEASE, , INDEMNIFY AND HOLD HARMLESS CITY AND ITS
CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES 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 (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT,
AND/OR INTENTIONAL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS,
AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES,
INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY
RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING
OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS
AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR
STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS").
THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO
SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS,
WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT
AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER
THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY
City of Wylie—Professional Services Agreement Page 10
590777.v l
AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF
EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO
EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP
BETWEEN CONSULTANT AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT
OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION
FROM EMPLOYMENT WITH THE CONSULTANT, INCLUDING BUT NOT LIMITED TO ANY
DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE,
RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL,
STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL
TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE
BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT
OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS
COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT,
CONTRACT OR OTHERWISE. IF A COURT OF COMPETENT JURISDICTION
DETERMINES THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY)
HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE "JUDGMENT"), THEN
CONSULTANT IS NOT REQUIRED TO INDEMNIFY THE CITY TO THE EXTENT OF THE
NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE(S) OF ACTION
IDENTIFIED IN THE JUDGMENT.
ANY SUCH ACTION BY CITY TO PROVIDE ITS OWN DEFENSE IS NOT TO BE
CONSTRUED AS A WAIVER OF CONSULTANT'S OBLIGATION TO INDEMNIFY CITY
PURSUANT TO THIS AGREEMENT. THE RIGHTS AND OBLIGATIONS CREATED BY
THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
ARTICLE 11
LIMITATION OF LIABILITY
In recognition of the relative risks and benefits of the Project to both the City
and the Consultant, the risks have been allocated such that the City agrees,
to the fullest extent permitted by law, to limit the liability of the Consultant
and Consultants officers, directors, partners, employees, shareholders,
owners and subconsultants for any and all claims, losses, costs, damages of
any nature whatsoever, so that the total aggregate liability of the Consultant
and Consultants officers, directors, partners, employees, shareholders,
City of Wylie Professional Services Agreement Page 11
590777 v l
owners and subconsultants shall not exceed $1,000,000, or the Consultant's
total fee for services rendered on this Project, whichever is greater. It is
intended that this limitation apply to any and all liability or cause of action
however alleged or arising, unless otherwise prohibited by law.
ARTICLE 12
NOTICES
Consultant agrees that all notices or communications to City permitted or required under
this Agreement shall be delivered to City at the following addresses:
City Manager
City of Wylie
300 Country Club Drive
Wylie, Texas 75098
City agrees that all notices or communication to Consultant permitted or required under
this Agreement shall be delivered to Consultant at the following addresses:
Philip Neely, RLA, ASLA
Studio Director
Land Design Partners-DEW, Inc.
5310 Harvest Hill Road, Suite 100
Dallas, Texas 75230
Any notice provided in writing under the terms of this Agreement by either party to the
other shall be in writing and may be effected by registered or certified mail, return
receipt requested.
All notices or communication required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date such notice or
communication is postmarked by the sending party. Each party may change the
address to which notice may be sent to that party by giving notice of such change to the
other party in accordance with the provisions of this Agreement.
ARTICLE 13
MISCELLANEOUS
13.1 Complete Agreement — This Agreement, including the exhibits hereto labeled
"A" through "G," all of which are incorporated herein for all purposes, constitute
the entire Agreement by and between the parties regarding the subject matter
hereof and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or
modifies except by written agreement duly executed by both parties. The
following exhibits are attached below and made a part of this Agreement:
City of Wylie—Professional Services Agreement Page 12
590777.v 1
13.1.1 Exhibit "A," Scope of Services.
13.1.2 Exhibit "B," Compensation Schedule / Project Billing / Project Budget.
13.1.3 Exhibit "C," City of Wylie Guidelines for Computer Aided Drafting and
Design (CADD.
13.1.4 Exhibit "D," City of Wylie Guidelines for Direct Expenses; General and
Administrative Markup; Travel and Subsistence Expenses.
13.1.5 Exhibit "E," City of Wylie Contractor Insurance Requirements.
13.1.6 Exhibit "F," Affidavit.
13.1.7 Exhibit "G," Conflict of Interest Questionnaire, Form CIQ.
13.2 Assignment and SublettinM — The Consultant agrees that neither this
Agreement nor the work to be performed hereunder will be assigned or sublet
without the prior written consent of the City. The Consultant further agrees that
the assignment or subletting or any portion or feature of the work or materials
required in the performance of this Agreement shall not relieve the Consultant of
its full obligations to the City as provided by this Agreement. All such approved
work performed by assignment or subletting shall be billed through Consultant,
and there shall be no third party billing.
13.3 Successors and Assigns — City and Consultant, and their partners, assigns,
successors, subcontractors, executors, officers, agents, employees,
representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
13.4 Severability — In the event of a term, condition, or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable, or unlawful by a court of
competent jurisdiction, then that term, condition, or provision, shall be deleted
and the remainder of the Agreement shall remain in full force and effect as if
such invalid, illegal, void, unenforceable or unlawful provision had never been
contained herein.
13.5 Venue — This entire Agreement is performable in Collin County, Texas and the
venue for any action related directly or indirectly, to this Agreement or in any
manner connected therewith shall be in Collin County, Texas, and this
Agreement shall be construed under the laws of the State of Texas.
13.6 Execution I Consideration — This Agreement is executed by the parties hereto
without coercion or duress for any substantial consideration, the sufficiency of
which is forever confessed.
City of Wylie—Professional Services Agreement Page 13
590777.v
13.7 Authority - The individuals executing this Agreement on behalf of the respective
parties below represent to each other that all appropriate and necessary action
has been taken to authorize the individual who is executing this Agreement to do
so for an on behalf of the party for which his or her signature appears, that there
are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the other party for whom the
individual is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
13.8 Waiver—Waiver by either party of any breach of this Agreement, or the failure of
either party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit, or waive such party's right thereafter to enforce and
compel strict compliance.
13.9 Headings_— The headings of the various sections of this Agreement are included
solely for convenience of reference and are not to be full or accurate descriptions
of the content thereof.
13.10 Multiple Counterparts — This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
13.11 Sovereign Immunity — The parties agree that the City has not waived its
sovereign immunity by entering into and performing its obligations under this
Agreement.
13.12 Additional Representations — Each signatory represents this Agreement has
been read by the party for which this Agreement is executed and that such party
has had the opportunity to confer with its counsel.
13.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply.
13.14 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.
13.15 Indemnity — The parties agree that the Indemnity provision set forth in Article 10
herein is conspicuous and the parties have reach and understood the same.
City of Wylie—Professional Services Agreement Page 14
590777 vi
13.16 Appropriation of Funds — Funds are not presently budgeted for City's
performance under this Agreement beyond the end of the City's 2010-2011 fiscal
year. City will give Consultant sixty (60) days notice if funds for City's
performance are not budgeted to continue beyond that time. City shall have no
liability for payment of any money for services performed after the end of the
City's 2010-2011 fiscal year unless and until such funds are budgeted.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest day as reflected by the signatures below.
Effective Date:
CITY CONSULTANT
City of Wylie, Texas Land Design Partners-DFW, Inc.
By: By:
Mindy Manson, City Manager Name of Agent
Title:
APPROVED AS TO FORM:
Abernathy, Roeder, Boyd, & Joplin, P.C.
Courtney A. Kuykendall, City Attorneys
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared MINDY MANSON, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that she executed the same for the purpose and consideration expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2011.
Notary Public In and For the State of Texas
City of Wylie—Professional Services Agreement Page 15
590777.v 1
My commission expires:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared , known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he/she executed the same for the purpose and consideration expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2011.
Notary Public In and For the State of Texas
My commission expires:
City of Wylie—Professional Services Agreanent Page 16
590777.v l
EXHIBIT "A"
SCOPE OF SERVICES
Agreement by and between the City of Wylie, Texas (City)
and Land Design Partners-DFW, Inc. (Consultant)
to perform Architectural and Engineering Design Services for
Wylie Trails Master Plan
I, PROJECT DESCRIPTION
Land Design Partners-DFW, Inc. ("LDP") will perform professional services for the
City of Wylie ("City") for preparing a Trails Master Plan. This work will be guided by
the "Parks & Trails Master Plan" exhibit, dated March 25, 2010, as depicted in the
previously prepared 2010 Parks, Recreation & Open Space Master Plan. The intent
of this new Trails Master Plan will be to study the feasibility of a trails network within
the entire City. The Trails Master Plan will be a tool that City officials can use to plan
and coordinate future improvements for trails and associated infrastructure by
various City departments.
As an additional expertise for trail planning, LDP will retain the subconsultant
services of Bowman-Melton Associates, Inc. The LDP team will work closely with
City staff and an Advisory Committee during the overall planning process. This
scope of services is for master planning services and does not address schematic
design, design development, or construction documents related to actual
development of any trail improvements.
II. SCOPE OF SERVICES
A. DATA GATHERING, BASE MAP PREPARATION & SITE REVIEW
1. LOP will be provided existing digital information (CAD files,
GIS files, etc.) from the City for all available information
including, but not limited to, such items as thoroughfare maps,
roadway traffic count data, land use maps, zoning maps, aerial
maps, utility maps, easement/ROW maps, sidewalk inventory,
drainage maps, greenways and areas for potential trail
easements, and the 2010 Parks, Recreation & Open Space
maps.
2. From the existing data as provided by the City, LDP will
prepare an overall base map(s) in digital format to be utilized
during the overall planning process.
City of Wylie—Professional Services Agreement Page 17
590777.v I
3. LDP team members will attend one (1) "kick-off" meeting with
City representatives and the Advisory Committee to discuss
the overall goals and objectives for the Trails Master Plan.
The City will recruit representatives to serve on the Advisory
Committee.
4. LDP team members will conduct an extended site review
(estimated as 1 to 2 full days in the field) with City
representatives to drive the City and visually
evaluate/document the current conditions along roadways,
parkways, and drainage corridors across the City. LDP will
make photo documentation of the current conditions during the
site review.
5. Based upon the site review documentation, LDP will prepare a
Site Analysis exhibit that identifies the current trails available
within the City, as well as potential opportunities and
constraints for future trail locations.
6. LDP team members will attend one (1) meeting with City
representatives and the Advisory Committee to present the
initial findings from the site review.
B. CONCEPTUAL TRAILS NETWORK PLANNING
1. Based upon input received from City representatives and the
Advisory Committee, LDP will prepare a Conceptual Trails
Network Plan that shows a range of trail opportunities
including: trails along roadways/parkways; trails along
drainage & utility corridors; trails along the frontage of Lake
Lavon & Lake Ray Hubbard; and trail access points at major
intersections & developments.
2. LDP team members will attend one (1) meeting with City
representatives and the Advisory Committee to present the
Conceptual Trails Network Plan and obtain input on the overall
range of trails. During this meeting, a consensus for the
Conceptual Trails Network Plan will be agreed upon which
satisfies the goals of the City.
3. Based upon the consensus plan and follow-up site review,
LDP will revise the Conceptual Trails Network Plan.
4. LDP will attend one (1) Community Meeting with City
representatives, Advisory Committee, and the Citizens of
City of Wylie—Professional Services Agreement Page 18
590777.v I
Wylie in a workshop setting to present the Conceptual Trails
Network Plan.
C. PRELIMINARY TRAILS MASTER PLAN
1. Based upon input received during the Community Meeting,
LDP will prepare the Preliminary Trails Master Plan graphic(s).
2. LDP will prepare the Preliminary Trails Master Plan report that
includes a summary of the planning process, site review
documentation, input received from the community meeting,
and trail network recommendations.
3. LDP will attend one (1) meeting with City representatives and
the Advisory Committee to present the Preliminary Trails
Master Plan.
D. FINAL TRAILS MASTER PLAN
1. Based upon input received from City staff and the Advisory
Committee, LDP will revise the Final Trails Master Plan
graphics and report.
2. LDP will meet with the Parks and Recreation Board to present
the Final Trails Master Plan.
3. LDP will meet with the City Council to present the Final Trails
Master Plan.
4. LDP will provide the City 25 copies of the report and one (1)
CD as the final deliverables for the project.
City of Wylie—Professional Services Agreement Page 19
590777.v I
Ill. SCHEDULE
A. Data Gathering, Base Map Preparation & Site Review 6 to 8 weeks
B. Conceptual Trails Network Planning 6 to 7 weeks
C. Preliminary Trails Master Plan 4 to 5 weeks
D. Final Trails Master Plan 4 to 5 weeks
Total Estimated Timeline 20 to 25
weeks
IV. ASSUMPTIONS
A. The City will provide, as expeditiously as possible, all existing
data and base information currently in its possession and as
necessary to complete the scope of services described herein.
This scope of services does not include any site survey work or
boundary work for the project area. The City will provide any
additional information that is necessary. All information provided
by the City is assumed to be accurate and complete, unless
otherwise indicated by the City. Any information required to
complete this scope of services that cannot be readily provided by
the City will remain the responsibility of the City.
B. This scope of services does not include any environmental
engineering services.
C. This scope of services does not include any hydraulic or
hydrology engineering modeling or design services.
D. This scope of services does not include any water agency
permitting or regulatory coordination with such agencies as the
U.S. Army Corps of Engineers, FEMA, TCEQ, or others.
E. This scope of services does not include any services for traffic
studies or transportation engineering/planning services.
F. LDP will attend the meetings and/or presentations as described
within this scope of services. Additional meetings, workshops,
public hearings, stakeholder meetings, focus groups, or
City of Wylie—Professional Services Agreement Page 20
590777 v
presentations requested by the City will be considered as
additional services as authorized by the City.
G. This scope of services does not include any 3D animations or
models, or any special marketing graphics or booklets.
H. This scope of services does not include any schematic design,
design development, construction documents, specifications or
bid documents.
City of Wylie—Professional Services Agreement Page 21
590777.v
EXHIBIT "B"
COMPENSATION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
Agreement by and between the City of Wylie (City)
and Land Design Partners-DFW, Inc. (Consultant)
to perform Architectural and Engineering Design Services for
Wylie Trails Master Plan
I. COMPENSATION/PROJECT BUDGET SUMMARY.
Basic Services.
A. Data Gathering, Base Map Preparation & Site Review $ 16,410.00
B. Conceptual Trails Network Planning $ 13,600.00
C. Preliminary Trails Master Plan $ 16,430.00
D. Final Trails Master Plan $ 12,850.00
Total Basic Design Services $ 59,290.00
(Plus reimbursables)
Billing will be in accordance with the terms provided for in the Agreement.
Reimbursable expenses will be in addition to the Basic Design Services cost.
These expenses include, but may not be limited to such items as:
reproduction costs, computer plotting, printing, mounting, travel/mileage,
travel/tolls, copies, photography, meals, couriers/deliveries, etc.
Reimbursable expenses will be paid for at cost times a 1.10 multiplier.
City of Wylie—Consultant Services Agreement Page 22
590283.v l
EXHIBIT "C"
CITY OF WYLIE
GUIDELINES FOR COMPUTER AIDED DRAFTING AND DESIGN (CADD)
1. Files shall be submitted in DWG/DXF format.
2. Files shall be georeferenced in the State Plane, Texas North Central FIPS 4202
(feet) coordinate system, using a datum of NAD 83.
3. if a surface adjustment factor is applied to the data, any surface adjustment
factors used should be clearly documented on the drawing.
4. If submissions for the Project relate to a plat, the file submitted must match
exactly the plat that is submitted for recording.
5. The file shall contain required features for the project type as detailed below:
a. Pre-Construction/As-Built Plans and/or Record Documents:
i. Layers from Final Plat Requirements as Applicable to Project Type.
ii. Water Utility Features.
iii. Sanitary Sewer Features.
iv. Storm Sewer Features.
6. Each required feature group should be provided as a separate layer within the
file.
7. Layer names should be representative of the information contained in the layer.
8. Line work should be continuous (e.g. no dashed lines in required layers) and
complete (connecting lines should meet at corners)within the subdivision/project.
Layers outside of project/subdivision boundary may be dashed in CAD data as
required for final Plats by Frisco Subdivision Ordinance Section 5.02.
City of Wylie—Consultant Services Agreement Page 23
590283.v 1
EXHIBIT "D"
CITY OF WYLIE GUIDELINES FOR DIRECT EXPENSES; GENERAL AND
ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES
I. CONSULTANT'S RESPONSIBILITY. The Consultant shall be solely responsible
for the auditing of all direct expense, approved markup (general and/or
administrative), and approved travel and/or subsistence charges, including those to
be included under a sub-contract, prior to the City for reimbursement, and
Consultant shall be responsible for the accuracy thereof. Any overpayment by the
City for errors in submittals for reimbursement may be deducted from the
Consultant's subsequent payment(s) for services; however, this shall not be the
City's sole and exclusive remedy for said overpayment.
II. GUIDELINES FOR DIRECT EXPENSES.
A. Local Transportation — Transportation in connection with the Project, when
such transportation is not a function of routine performance of the duties of the
Consultant in connection with the Project, and when such transportation exceeds
beyond fifty (50) miles from the Project site, shall be reimbursed at a standard
mileage rate consistent with that as issued, and periodically revised, by the
United States Internal Revenue Service (IRS). Under no circumstances shall
City reimburse Consultant at a higher standard mileage rate or pay additional
markup on charges for local transportation. Completion of City's Standard
Mileage Log is required for submittal of these charges for reimbursement,
including justification for each submitted expense.
Under no circumstances are charges associated with rental cars for local
transportation eligible for reimbursement by City. Toll road subscriptions or toll
plaza receipts are not reimbursable. Consultant agrees to place these standards
in all subcontracts for work on the Project.
B. Supplies, Material, Equipment — City shall reimburse the actual cost of other
similar direct Project-related expenses, which are duly presented in advance and
approved by City's Project Manager in writing.
C. Commercial Reproduction — City shall reimburse the actual cost of
reproductions, specifically limited to progress prints prepared for presentation to
City at each phase of progress, and final Construction Documents prepared for
distribution at bidding phase, provided that the Consultant has duly obtained at
least three (3) quotations from commercial firms and has chosen the best value
for the City. Consultant shall provide such documentation to City for review prior
to submitting these expenses for reimbursement. Consultant agrees to place
these standards in all subcontracts for work on the Project.
D. In-House Reproduction - Consultant shall make arrangements with the City for
prior approval of in-house reproduction rates prior to submitting these expenses
for reimbursement. City shall provide Consultant with a standard format for
documenting these charges. Completion of the City's reproduction log is
required as a prerequisite for payment, including the number or reproductions,
City of Wylie—Consultant Services Agreement Page 24
590283.v
the date, time, description, the approved standard rate, and a justification for
each submitted expense for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
E. Commercial Plotting — City shall reimburse the actual cost of plots, specifically
limited to final documents, provided the Consultant has duly obtained at least
three (3) quotations from commercial firms and has chosen the best value for the
City. Consultant shall provide such documentation to City for review prior to
submitting these expenses for reimbursement. Consultant agrees to place these
standards in all subcontracts for work on the Project.
F. In-House Plotting — Consultant shall make arrangements with City for prior
written approval of in-house plotting rates prior to submitting these charges for
reimbursement. City shall provide Consultant with a standard format for
documenting these charges. Completion of the City's reproduction log is
required as a prerequisite for payment, including the number of plots, the date,
time, description, the approved standard rate, and a justification for each
submitted charge for reimbursement.
G. Communications — Reimbursement for expenses relating to electronic
communications shall be limited to long-distance telephone or fax toll charges
specifically required in the discharge of professional responsibilities related to the
Project. Telephone service charges including office or cellular phones, WATTS,
or Metro line services or similar charges are not reimbursable.
H. Postage, Mail, and Delivery Service — City shall reimburse the actual cost of
postage and delivery of Instruments of Service, provided the Consultant duly
considers all circumstances (including available time for assured delivery) of the
required delivery and selects the best value for the City, which may require
comparison of delivery costs offered by three (3) or more sources or methods of
delivery, which at a minimum shall include U.S. Mail. Courier service is
acceptable only in circumstances requiring deadline-sensitive deliveries and not
for the convenience of the Consultant and/or the Consultant's employees.
Consultant agrees to place these standards in all subcontracts for work on the
Project.
I. Meals and Other Related Charges — Meals or any other related expenses are
not reimbursable unless incurred outside a fifty (50) mile radius of the Project,
and then only reimbursable for the actual cost subject to compliance with the
City's currently adopted policy. Non-allowable costs include, but are not limited
to, charges for entertainment, alcoholic beverages, and gratuities.
City of Wylie—Professional Services Agreement Page 25
590777.E
III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP.
1. Requirement of Prior Approval — Consultant may be allowed to charge a
General and/or Administrative Markup on work completed if Consultant can
clearly define to City specifically what costs are included in the markup
calculation. To apply General and/or Administrative Markup, Consultant must
also document to City what costs would be considered direct costs. City shall
issue approval in writing to allow Consultant to charge General and/or
Administrative Markup. City reserves the right to reject any and all requests for
General and/or Administrative Markup.
IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES.
1. Requirement of Prior Approval — City shall reimburse the actual cost of travel
and/or subsistence expenses upon prior written approval by the City's Project
Manager.
2. Adherence to Currently Adopted City Travel Policy — Reimbursements shall
be governed by the same travel policies provided for City employees according
to current adopted policy. Prior to the event, Consultant shall request, and the
City's Project Manager shall provide the provisions and the restrictions that apply
to out-of-town reimbursements.
City of Wylie—Professional Services Agreement Page 26
590777.v I
EXHIBIT "E"
CITY OF WYLIE CONTRACTOR INSURANCE GUIDELINES
I. Requirement of Insurance —
A. Such policy shall name the City, its officers, agents, representatives, and
employees as additional insured as to all applicable coverage with the exception
of workers compensation insurance.
A. Such policy shall require the provision of written notice to City at least thirty (30)
days prior to cancellation, non-renewal, or material modification of any policies,
evidenced by return receipt or United States Certified Mail.
B. Such policy, with the exception of Professional Liability shall provide for a waiver
of subrogation against the City for injuries, including death, property damage, or
any other loss to the extent the same is covered by the proceeds of the
insurance.
II. Insurance Company Qualification — All insurance companies providing the
required insurance shall be authorized to transact business in the State of Texas,
and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other
equivalent rating service(s).
III. Certificate of Insurance — A Certificate of Insurance evidencing the required
insurance shall be submitted with the contractor's bid or response to proposal. If the
contract is renewed or extended by the City a Certificate of Insurance shall also be
provided to the City prior to the date the contract is renewed or extended.
City of Wylie—Consultant Services Agreement Page 27
590283.v
IV. Insurance Checklist — "X" means that the following coverage is required for this
Agreement.
Coverage Required Limits
X 1. Worker's Compensation & • Statutory Limits of the State of
Employer's Liability Texas
2. General Liability • Minimum $ 1,000,000.00 each
—
occurrence;
3. XCU Coverage • Minimum $ 1,000,000.00 per
occurrence;
• Minimum $ 2,000,000.00
aggregate.
X 4. Professional Liability • Minimum $ 1,000,000.00 each
occurrence;
• Minimum $ 2,000,000.00 in the
aggregate.
X 5. Umbrella Coverage or • An amount of$ 2,000,000.00.
Excess Liability Coverage
6. City named as additional insured on General Liability Policy. This
coverage is primary to all other coverage the City may possess.
X 7. City provided with Waiver of Subrogation on Worker's Compensation
Insurance.
X 8. Thirty (30) days notice of cancellation, non-renewal, or material change
required. The words "endeavor to" and "but failure" (to end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
X 9. Insurance company has a minimum rating of "A" by A.M. Best's Key
Rating Guide, or other equivalent rating service(s).
X 10. The Policy and Certificate of Insurance both must state the project title
and bid number.
11. Other Insurance Requirements (State Below):
—
City of Wylie—Professional Services Agreement Page 28
59O777.v
EXHIBIT "F"
AFFIDAVIT
THE STATE OF TEXAS §
THE COUNTY OF §
I, , a member of the Consultant team, make this
affidavit and hereby on oath state the following:
I, and/or a person or persons related to me, have the following interest in a business
entity that would be affected by the work or decision on the Project (Check all that
apply):
Ownership of 10% or more of the voting shares of the business entity.
Ownership of Twenty Five Thousand and 00/100 Dollars ($25,000.00) or
more of the fair market value of the business entity.
Funds received from the business entity exceed ten percent (10%) of my
income for the previous year.
Real property is involved, and I have an equitable or legal ownership with
a fair market value of at least Twenty Five Thousand and 00/100 Dollars
($25,000.00).
A relative of mine has substantial interest in the business entity or property
that would be affected by my business decision of the public body of which
I am a member.
Other:
None of the Above.
Upon filing this affidavit with the City of Wylie, Texas, I further affirm that no relative of
mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the
Texas Government Code, is a member of a public body which took action on the
agreement.
Signed this day of , 2011.
Signature of Official / Title
BEFORE ME, the undersigned authority, this day personally appeared
and on oath stated that the facts hereinabove stated
are true to the best of his / her knowledge or belief.
Sworn to and subscribed before me on this day of
2011.
Notary Public in and for the State of Texas
My commission expires:
City of Wylie—Consultant Services Agreement Page 29
590283.v 1
EXHIBIT "G"
CONFLICT OF INTEREST QUESTIONNAIRE, FOR CIO
CONFLICT OF INTEREST QUESTIONNAIRE FORM I
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY
Government Code by a person doing business with the governmental entity. Date Ramp/ea
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006,Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code.An offense under this section is a Class C misdemeanor.
11 Name of person doing business with local governmental entity.
• Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176,006(a).Local Government Code,is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate)
2.1
Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes
recommendations to a focal government officer of the local governmental entity with respect to expenditure of money.
Describe each affiliation or business relationship with a person who is a local government officer and who appoints or
employs a local government officer of the local governmental entity that is the subject of this questionnaire.
Arrientled 010342008
City of Wylie—Professional Services Agreement Page 30
590777.v I
EXHI:IT "G"
CONFLICT OF INTEREST QUESTIONNAIRE, FOR CIQ
CONFLICT OF INTEREST QUESTIONNAIRE FORM I •
For vendor or other person doing business with local governmental entity Page 2
Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the
answer to A,IS,or C is YES.)
This section, itern 5 Including subparts A. B. C & D, must be completed for each officer with whom the filer has affiliation or
business relationship. Attach additional pages to this Form CIO as necessary
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
MI Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity?
MI Yes MI No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director,or holds an ownership of 10 percent or more?
Yes No
D. Describe each affiliation or business relationship
Describe any other affiliation or business relationship that might cause a conflict of interest.
ii
Signature of person doing business with the governmental entity Date
A 4 01 ,70ee
City of Wylie—Professional Services Agreement Page 31
590777.v I
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: 3.
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code:
Date Prepared: April 18, 2011 Budgeted Amount:
Exhibits: Resolution, Agreement
Subject
Consider, and act upon, Resolution No. 2011-09(R) authorizing the City Manager to execute an Agreement with
the Texas Department of Transportation for the furnishing, installing, and maintenance of traffic signal
preemption equipment.
Recommendation
Motion to approve a Resolution No. 2011-09(R) authorizing the City Manager to execute an Agreement with
the Texas Department of Transportation for the furnishing, installing, and maintenance of traffic signal
preemption equipment.
Discussion
On December 14, 2010 Council approved an agreement with Lee Engineering for the design of traffic signal
opticom detection upgrades. Opticom equipment allows emergency vehicles to preempt the normal operation
of traffic lights which stops conflicting traffic and gives the emergency vehicle the right of way. The City of
Wylie currently has seven traffic signals which do not have Opticom equipment installed. The intersections are
FM 544 and Westgate, FM 544 and SH 78, SH 78 and Alanis, SH 78 and Westgate, SH 78 and Ballard, SH 78
and Brown, and SH 78 and Spring Creek. These signals are owned by TxDOT and we have submitted the final
engineering plans for the installations.
Approval of the agreement will allow the City to proceed with the installation of the equipment. The opticom
equipment will be purchased through a previous bid with the Houston Galveston Area Council. The price for
the installation at the seven traffic signals is $46,672.
The City of Wylie 1999 Bond Program identified $750,000 for traffic control improvements and $220,978 is
available for the project.
Approved By
Initial Date
Department Director CI�H' 04/18/11
City Manager ,YY\ ZIP 1 11 1
Page 1 of 1
RESOLUTION NO. 2011-09(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 BETWEEN
THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE CITY
OF WYLIE FOR THE FURNISHING, INSTALLING AND
MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT.
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, the agreement between the
Texas Department of Transportation and the City of Wylie for furnishing, installing, and
maintenance of traffic signal preemption equipment,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th day of April, 2011.
ERIC HOGUE, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution No.201 I-09(R)
TxDOT Agreement for Traffic Signal Preemption
EXHIBIT "A"
Agreement
Resolution No.2011-09(R)
TxDOT Agreement for Traffic Signal Preemption
j1111 `f,l
La
� J % ,,,, �_„%,,,///L ✓arr i m� / rli l �/ I, °/ l �� , �/j r����I� � /�,G��AJ'��
P.O. BOX 133067• DALLAS,TEXAS 75313-3067•(214)320-6100
April 7, 2011
Agreement for Furnishing, Installing
And Maintenance of Traffic Signal
Preemption Equipment
City of Wylie
Collin County
Mr. Chris Hoisted, P.E.
City Engineer
2000 Highway 78 North
Wylie, Texas 75098
Dear Mr. Hoisted:
Please find attached, two (2) original Agreements for Furnishing, Installing and
Maintenance of Traffic Signal Preemption Equipment for your review and approval. If all
is satisfactory, please obtain authorized signatures on both originals and return both to
me for further processing. A fully executed original will be returned to you for your files
and use. Also, a State's form 1560 Certificate of Insurance has been provided due to
the Article 11. Insurance provision.
Prior to installation of any equipment, please contact our Traffic Signal Office
Supervisor, Mr. Lanny Surratt at 214-320-6683 to coordinate. The State's traffic signal
technicians will work with you to ensure proper progression of the project.
If you have any questions regarding the Agreement, please contact Angela Green at
214-320-4432.
Sincer;ly
r , t, a
Melanie B. Yr,ungr "
District Tran' ation Operations Engineer
Attachment
REDUCE CONGESTION •ENHAIN E SAFELY• EXPAND ECONOMIC,OPPORTUNITY• IMPROVE AllQUALITY
IINCIFCEASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Oppcarlunaty Employer
Contract No
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AGREEMENT FOR THE FURNISHING, INSTALLING AND
MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State", and the City of Wylie, hereinafter
called the "City", acting by and through its duly authorized officers.
W ITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways in the City of
Wylie pursuant to Transportation Code, Section 201.103; and
WHEREAS, the City or its contractor has requested to install emergency vehicle preemption
systems at the locations listed on Exhibit A;
WHEREAS, the State and the City are in agreement that the proposed systems will be installed;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter
set forth, it is agreed as follows:
AGREEMENT
ARTICLE 1. CONTRACT PERIOD
This agreement becomes effective on final execution by the State and shall remain in effect as
long as said traffic signal preemption equipment is in operation at the described locations.
ARTICLE 2. TERMINATION
This agreement may be terminated by one of the following conditions:
1) By mutual agreement of both parties;
2) By the State giving written notice to the City or its contractor as consequence of failure by
the City or its contractor to satisfactorily perform the services and obligations set forth in
this agreement, with proper allowances being made for circumstances beyond the control
of the City or its contractor;
3) By either party upon thirty (30) days written notice to the other.
ARTICLE 3. COMPENSATION
No compensation shall be paid for this agreement.
ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City or its contractor will use labor and supervisory personnel employed directly by the
City or its contractor, and use City owned or its contractor owned machinery, equipment, and
vehicles necessary for the work. In the event that the City or its contractor does not have the
machinery, equipment, and vehicles necessary to perform the work, the machinery,
equipment, and vehicles may be rented or leased as necessary.
B. No reimbursement shall be paid for any materials supplied by the City or its contractor. All
materials shall be new and undepreciated stock.
Traffic-Traffic_TSPEA Page 1 of 6 Revised 10/31/08
Contract No
C. Any necessary changes to the existing signal required to install the preemption system will
be at the City's expense.
D. If it becomes necessary to adjust, replace or reinstall the preemption system due to
reconstruction of the intersection or upgrading of the signals, it shall be done by the City at
City expense.
ARTICLE 5. INSPECTION OF WORK
A. The State shall make suitable and complete inspection of all materials, and equipment, and
the work of installation to determine and permit certification that the components meet all
applicable requirements and are in suitable condition for operation and maintenance by the
City or its contractor after its completion. All components of the system will be subject to
random testing and inspections by the State.
B. The City or its contractor will provide opportunities, facilities, and representative samples, as
may be required, to enable the State to carry on initial and random inspections of all
materials and application methods; sufficient to afford determination and certification by the
State that all parts of the installation and the component materials comply with the State
standards and specifications. The State will promptly notify the City or its contractor of any
failure of materials, equipment, or installation methods, and the City or its contractor will take
such measures necessary to obtain acceptable systems components and installation
procedures without delay.
ARTICLE 6. RESPONSIBILITIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other party and
each party agrees it is responsible for its individual acts and deeds as well as the acts and
deeds of its contractors, employees, representatives and agents. State shall not be held
responsible for the operation (or non-operation) of the preempt equipment, or for any effect it
may have on emergency vehicle response.
ARTICLE 7. DE-ACTIVATION OF THE PREEMPT SYSTEM
The State reserves the right to disconnect the preempt system from the traffic signals should
any problem arise affecting the State including that the State has determined that the
preemption is being abused. The State will notify the appropriate City office of the de-activation
of the preempt system. Upon correction of the problem the preempt system would be re-
connected.
ARTICLE 8. PREEMPTION INSTALLATION REQUIREMENTS
The City or its contractor shall furnish and install an aluminum lockable cabinet for the
preemption system equipment. The preemption cabinet shall be attached to the State's traffic
signal cabinet by means of a two (2) inch Myer's hub supplied by the City or its contractor. The
City or its contractor will furnish and install a Cannon type disconnect plug between the State's
traffic signal cabinet and the preemption cabinet. The State will furnish 120 volts AC power to
the preemption cabinet for all auxiliary equipment. All transformation of power shall take place
within the preemption cabinet. The State will allow the preemption equipment to monitor all
outgoing green traffic signal indications. The preemption equipment will supply a maximum of
four preemption inputs.
ARTICLE 9. REPORTS
Upon written request, the City will be required to supply the State with a list of preemptions. The
list shall show date, time, intersection, direction, and duration of each preemption and vehicle
identification information of the emergency vehicle requesting each preemption. At the request
Traffic-Traffic_TSPEA Page 2 of 6 Revised 10/31/08
Contract No
of the State, the Local Government shall submit any information required by the State in the
format directed by the State.
ARTICLE 10. REMEDIES
Violation or breach of contract terms by the City or its contractor shall be grounds for
termination of the agreement, and any increased cost arising from the City or its contractor's
default, breach of contract, or violation of terms shall be paid for by the City or its contractor.
This agreement shall not be considered as specifying the exclusive remedy for default, but all
remedies existing at law and in equity may be availed of by either party and shall be cumulative.
If at any time, the City or its contractor fails to assume the maintenance and operations
responsibilities for the preemption systems in a satisfactory manner as determined by the State,
the State reserves the right to arrange for maintenance and operations at the expense of the
City or its contractor. The State shall contact the appropriate City authority prior to the
arrangement for alternative maintenance.
ARTICLE 11. INSURANCE
The City shall provide necessary safeguards to protect the public on State-maintained highways
including adequate insurance for payment of any damages which might result during the
construction, maintenance and operation of the preemption equipment, and to save the State
harmless from damages, to the extent of said insurance coverage and insofar as it can legally
do so. Prior to beginning work on the State's right-of-way, the City's construction contractor
shall submit to the State a fully executed copy of the State's form 1560 Certificate of Insurance
and shall maintain the required coverage during the construction of all work associated with this
agreement.
ARTICLE 12. SUBLETTING
The City or its contractor shall not sublet or transfer any portion of its responsibilities and
obligations under this agreement unless specifically authorized in writing by the State. In the
event the City or its contractor enters into subcontracts, the subcontractors must adhere to the
provisions of this agreement.
ARTICLE 13. SUCCESSORS AND ASSIGNS
The City or its contractor shall not assign or otherwise transfer its rights or obligations under this
agreement except with the prior written consent of the State.
ARTICLE 14. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
ARTICLE 15. INSPECTION OF CITY'S BOOKS AND RECORDS
A. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those
funds.
B. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Traffic-Traffic TSPEA Page 3 of 6 Revised 10/31/08
Contract No
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state auditor
with access to any information the state auditor considers relevant to the investigation or
audit.
ARTICLE 16. NOTICES
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
City: State:
City of Wylie Texas Department of Transportation
Attn: City Manager Attn: District Engineer
2000 Highway 78 North 4777 E. Highway 80
Wylie, TX 75098 Mesquite, TX 75150
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party hereto may change the above address by sending
written notice of such change to the other in the manner provided herein.
ARTICLE 17. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws of the State of
Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in
Travis County, Texas.
ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements between the parties respecting within the
subject matter.
Traffic-Traffic_TSPEA Page 4 of 6 Revised 10/31/08
Contract No
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this
agreement.
THE CITY OF WYLIE
Executed on behalf of the City by:
By Date
Typed or Printed Name and Title
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By Date
William L. Hale, P.E.
Dallas District Engineer
Traffic-Traffic_TSPEA Page 5 of 6 Revised 10/31/08
Contract No
EXHIBIT A
FM 544 at Westgate Way
SH 78 at Sanden Blvd/Alanis Dr
SH 78 at Westgate Way
SH 78 at FM 544
SH 78 at Ballard Ave
SH 78 at Brown St
SH 78 at Spring Creek Pkwy/Kreymer Ln
Traffic-Traffic_TSPEA Page 6 of 6 Revised 10/31/08
CERTIFICATE OF INSURANCE �0 Form'
(Rev. 560
Previous editions of this form may not be used.
,Tura, Page t of 2
luaarunau
el nmrparwran
Prior to the beginning of work,the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is
acceptable as proof of insurance for department contracts.Agents should complete the form providing all requested information then either fax or mail this form
directly to the address listed on page two of this form. Copies of endorsements listed below are not required as attachments to this certificate.
Insured:
Street/Mailing Address:
City/State/Zip:
Phone Number: ( ) -
WORKERS'COMPENSATION INSURANCE COVERAGE:
Endorsed with a Waiver of Subrogation in favor of TxDOT.
Carrier Name: _Carrier Phone#: ( ) -
Address: City,State,Zip:
Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability:
Workers'Compensation Not Less Than: Statutory -Texas
COMMERCIAL GENERAL LIABILITY INSURANCE:
Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation in favor of TxDOT.
Carrier Name: Carrier Phone#: ( ) -
Address: City,State,Zip:
Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability:
Commercial General Not Less Than:
Liability Insurance $600,000 combined single limit
BUSINESS AUTOMOBILE POLICY:
Endorsed with TxDOT as Additional Insured and with a Waiver of Subrogation in favor of TxDOT.
Carrier Name: Carrier Phone#: ( ) -
Address: Citr,State,Zip:
Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability:
Business Automobile Policy Not Less Than:
Bodily Injury $250,000 each person
Property Damage $500,000 each occurrence
$100,000 each occurrence
UMBRELLA POLICY(if applicable):
Carrier Name: Carrier Phone#: ( ) -
Address: City,State,Zip:
Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability:
Umbrella Policy
Agency Name Address City, State, Zip Code
Authorized Agent's Phone Number Authorized Agent Original Signature Date
This Certificate of Insurance neither affirmatively nor negatively amends,extends,or alters the coverage afforded by the above insurance policies issued
by the named insurance company. Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the agent or the insurance
company has sent written notice by certified mail to the contractor and the Texas Department of Transportation.
THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named meet all the
requirements stipulated and such policies are in full force and effect. if this form is sent by facsimile machine (fax), the sender adopts the document
received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature.
The Texas Department of Transportation maintains the information collected through this form. With few exceptions,you are entitled on request to be
informed about the information that we collect about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive
and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect.
Fax completed form to: 512/416-2536
Fonn 1560
(Rev.04/07)
Page 2of2
NOTES TO AGENTS:
Agents must provide all requested information then either fax or mail this form directly to the address listed below.
Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount
and strike-through or cross-out the pre-printed limit.
To avoid work suspension, an updated insurance form must reach the address listed below one business day
prior to the expiration date. Insurance must be in force in order to perform any work.
Binder numbers are not acceptable for policy numbers.
The certificate of insurance, once on file with the department, is adequate for subsequent department contracts
provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form.
The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts.
List the contractor's legal company name, including the DBA(doing business as) name as the insured or list both the
contractor and staff leasing service as insured when a staff leasing service is providing insurance.
Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the
provisions of the certificate in any manner.
This form may be reproduced.
The SIGNATURE of the agent is required.
CERTIFICATE OF INSURANCE REQUIREMENTS:
WORKERS' COMPENSATION INSURANCE:
The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including
relatives.
The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas
Workers'Compensation Law.
GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers'Compensation.
COMMERCIAL GENERAL LIABILITY INSURANCE:
If coverages are specified separately,they must be at least these amounts:
Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence
$100,000 for aggregate
MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive
General Liability Insurance or Commercial General Liability Insurance.
BUSINESS AUTOMOBILE POLICY:
The coverage amount for a Business Automobile Policy may be shown as a minimum of$600,000 Combined Single
Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage.
BASIC AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for Comprehensive Automobile
Liability Insurance or Texas Business Automobile Policy.
MAIL ALL CERTIFICATES TO:
Texas Department of Transportation
CST—Contract Processing Unit(RA/200—1st FL)
125 E. 11th Street
Austin, TX 78701-2483
512/416-2540 (Voice), 512/416-2536 (Fax)
CONTRACT PRICING WORKSHEET Contract PE-05-09 Date 213I2011
For Catalog Sr Price Sheet Type Purchases No.: Prepared:
,J, .r //r'a v I /°a rr iYr N.rl r r r,: v / r7 J :;71 r /'..
rr/� r.�/ /,�,.::, � r �,,,,✓ %„ ,,.. rr J/ r rr r, 6 ,,rr /..f l/:a
/ / J U / / /c / // f r Gr // r /r ,r///:. 4/r. r r� , ,;.r r 1,,,,/r
c,.r r, 1 , //l ' /r,s �,, r %cY ! �.. � rr, 1,�„r i:, r,; ;,., ii!{ ,,,,v.:. ,,,,r�f . . �,;
hisrWorksh et irsa re aced b ' ontr c or`and iven to End User / f J "'' I a PO rs issued % 97/0'acu»�en1s r:,,,;
r , ,, P, P Y )
, r/ ri./r: r{ir r...i1 3 r r r�/,i/�/, r ,0„c.,/, r/f,v„I),, v,i rrr� r r,l,:.:�tirr ri u_ y � �., Yr:., J / r..,. r /- r r F
,, r f ,/. I r v / ,r rr �, � ,.. /, / .r,/„ r r r i //r / / / a r /91 � ,�/ (
''°r/ %//ifl�./rri�� .; r a,:,���,f ✓„r,(r ,/, ,„, ,:,,� �/.fir s -r, J� /% r/r; �/,�/(r r � e,r,, r ;, a big r; ,lJi j.
be axed toH GAC : '13 993 454 :, ere.ore lease a or rint.lek Thl r rr, ;�/,
@ P fYP P g' Y
ly/ 7./ ,/,r /%r dr , /v ✓ 1 y rD / ; r / , 4/0
,r.
r
r r /u / �, v,/ r" r r t; /r r / ,, y
'+r .�1 // / r !-/ r tr/ (1/fir/, r ,,,„' „ ; r/ r]`
�r./.. ,� v,,..,,/ / lrl / � // -// ��r r /„/,...,. r ...Wile; rrf,ry r /r ri. r
e r r ✓. I r F rrlrr/:�,i.a�rl ,✓,nw,l � rG'f ; /,over ,.,...,;/, ,, lr rk F rrre„l,/i✓ ,.f/,� �vf,r>,r r,ivU.,,L; i„ „u, ,.,Je,�,,,i^r /s,a„i✓„Y
Baying City of Wylie contractor. Consolidated Traffic Controls, Inc. I'
Agency:
Contact Jim Holcomb Prepared Bryan Jones
Person: By:
Phone: 972-516-6140 Phone: 800-448-8841
Fax: Fax: 800-448-8850
Email: Email: bjones@ctc-traffic.com
Catalog!Price Sheet "frafftc Control,Enforcement&Signal Preemption Equipment
Name:
General Description
of Product: GTT Preemption Equipment
A.Catalog/Price Sheet Items being purchased-Itemize Below-Attach Additional Sheet If Necessary
Quan Description Unit Pr Total
30 Model 711 Opticom Detector 401.5 12045
30 Narrow Mounting Hub 20 600
7 Mode!754 Phase Selector 2751 19257
7 External Cabinet ' ` 500 3500
7 1000'Spool of Model'138 Cable; ;" '' 410 2870
7 Intersection Installation Hours (8 per intersection i 1200 8400
0
0
0
•
Total From Other Sheets,If Any:11111111111111
m� wmwwww. .
;
Subtotal 46672 I
B.Unpublished Options,Accessory or Service items-Itemize Below-Attach Additional Sheet If Necessary
,Note:Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan Description Unit Pr Total
0
0
0)
Total From Other Sheets,If Any:
Subtotal B: 0
Check:The total cost c .. For this transaction the percentage is: l?°/
h of Unpublished Options(Subtotal B)cannot exceed 25%of the total
--ww from Section A.
C.Other Allowances,Discounts,Trade-Ins,Freight,Make Ready or Miscellaneous Charges
MIN
wSubtotal C: 0
- „„„
Delivery Date: 30 to 45 Days ARO D. Total Purchase Price (A+B+C): j 46672
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: 4..
Department: Finance (City Secretary's Use Only)
Prepared By: Linda Bantz Account Code:
Date Prepared: April 14, 2011 Budgeted Amount:
Exhibits: Resolution
Subject
Consider, and act upon, Resolution No. 2011-10(R) designating the Finance Director, the City Manager and the
Assist. Finance Director as authorized representatives to invest City funds in the TexPool Local Government
Investment Pool and authorizing the Accountant selected information authority.
Recommendation
Motion to approve Resolution No. 2011-10(R) designating the Finance Director, the City Manager and Assist.
Finance Director as authorized representatives to invest City funds in the TexPool Local Government
Investment Pool and authorizing the accountant selected information authority.
Discussion
The City currently utilizes TexPool as an investment option. TexPool is a local government investment pool
under the oversight of the Comptroller of Public Accounts. Administrative and investment services are provided
to TexPool by Federated Investors, Inc. The City has been a TexPool participant for many years and has
received excellent service.
Due to changes in personnel within the Finance Department it is necessary to change the authorized
representatives in TexPool. To do so requires a resolution of the governing body. Authorized representatives are
the only people within the City allowed to make transactions with TexPool on behalf of the City. Authorized
representatives for the City would be Linda Bantz, Finance Director, Mindy Manson, City Manager and Melissa
Beard, Assistant Finance Director. Ms. Bantz would be designated as the Primary Representative. The City
Investment Policy allows participation in TexPool and further allows Ms. Bantz, as Investment Officer, or her
designee to effect necessary transactions with TexPool.
In addition, Accountant, Ron Arp, would be authorized to perform only inquiry of selected information with
passage of this resolution.
Approved By
Initial Date
Department Director LB 4/14/11
City Manager /41 141
Page 1 of 1
RESOLUTION NO. 2011-10(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS,AUTHORIZING PARTICIPATION IN TEXPOOL
AND DESIGNATING AUTHORIZED REPRESENTATIVES
WHEREAS, the City of Wylie, Texas, ("Participant") is a local government or state
agency of the State of Texas and is empowered to delegate to the public funds investment pools
the authority to invest funds and to act as custodian of investments purchased with local
investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in
investments that provide for the preservation and safety of principal, liquidity, and yield
consistent with the Public Funds Investment Act; and
WHEREAS, the Texas Local Government Investment Pools ("TexPool"), public funds
investment pools, were created on behalf of entities whose investment objectives in order of
priority are preservation and safety of principal, liquidity, and yield consistent with the Public
Funds Investment Act.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: That the individuals, whose signatures appear in this Resolution, are
authorized representatives of the Participant and are each hereby authorized to transmit funds for
investment in TexPool and are each further authorized to withdraw funds from time to time, to
issue letters of instruction, and to take all other actions deemed necessary or appropriate for the
investment of local funds.
SECTION 2: That an Authorized Representative of the Participant may be deleted by a
written instrument signed by all remaining Authorized Representatives provided that the deleted
Authorized Representative (1) is assigned job duties that no longer require access to the
participant's TexPool/TexPool Prime account or (2) is no longer employed by the Participant;
and
SECTION 3: That the Participant may by Amending Resolution signed by the
Participant add an Authorized Representative provided the additional authorized Representative
is an officer, employee, or agent of the Participant;
Names of the authorized representatives of the Participant are:
1. Name Linda Bantz Title Finance Director
Signature
Phone- 972-516-6122 Fax-972-516-6142
Email- linda.bantz@wylietexas.gov
Resolution No.201 1-10(R)
Texpool Authorization
2. Name Mindy Manson Title City Manager
Signature
Phone- 972-516-6001 Fax-972-516-6026
Email- mindy.manson@wylietexas.gov
3. Name Melissa Beard Title Assistant Finance Director
Signature
Phone- 972-516-6123 Fax- 972-516-6142
Email- melissa.beard@wylietexas.gov
Name of the Authorized Representative that will have primary responsibility for performing
transactions and receiving confirmations and monthly statements under the Participation
Agreement is:
4. Name Linda Bantz Title Finance Director
Signature
Phone- 972-516-6122 Fax- 972-516-6142
Email- linda.bantz!,wylietexas.gov
The authorized representative designated to perform inquiry only of selected information is:
5. Name Ron Arp Title Accountant
Signature
Phone- 972-516-6125 Fax-972-516-6142
Email- ron.arp@wylietexas.gov
SECTION 4: That this resolution and its authorization shall continue in full force and
effect until amended or revoked by the Participant and until TexPool receives a copy of any such
amendment or revocation. And, that this resolution supersedes all prior authorized representative
designations.
Resolution No.2011-10(R)
Texpool Authorization
THIS RESOLUTION IS HEREBY INTRODUCED AND ADOPTED by the
Participant at its regular meeting held on the 26th day of April, 2011.
NAME OF PARTICIPANT: City of Wylie
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No.2011-10(R)
Texpool Authorization
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: 5.
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: April 15, 2010 Budgeted Amount:
Exhibits: 3
Subject
Consider, and act upon, Ordinance No. 2010-12 amending Ordinance No. 2010-17 (2010-2011 Budget) for
proposed mid-year amendments for fiscal year 2010-2011.
Recommendation
Motion to approve Ordinance No. 2010-12 amending Ordinance No. 2010-17 (2010-2011 Budget) for proposed
mid-year amendments for fiscal year 2010-2011.
Discussion
The mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable
revenue and expenditure adjustments to the adopted budget. The detail is attached for the requested
items which are located within the General Fund, Utility Fund, Emergency Communications, 4B Fund,
Wylie Economic Development Corporation, and the Fire Training Center Fund. The requests are further defined
as neutral (matching revenues to expenditures), revenue increases, or expenditure increases.
Approved By
Initial Date
Department Director LB 0411 5/20 1 1
City Manager V C 1 141, 111(
a
I
Page 1 of 1
ORDINANCE NO. 2011-12
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2010-17, WHICH ESTABLISHED THE BUDGET
FOR FISCAL YEAR 2010-2011; REPEALING ALL CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council heretofore adopted Ordinance No. 2010-17 setting forth the
Budget for Fiscal Year 2010-2011 beginning October 1, 2010, and ending September 30, 2011;
and,
WHEREAS, the City Departments and Divisions routinely review their budget
appropriations at mid-year to determined if any changes are necessary; and
WHEREAS, based upon said review the City staff now recommends that certain
amendments to the Budget be considered by the City Council; and,
WHEREAS, the City Council has the authority to make amendments to the City Budget
under Article VII, Section 4 of the City Charter, as well as State law; and,
WHEREAS, the City Council has determined that the proposed amendments to the FY
2010-2011 Budget, with the revenues and expenditures therein contained, is in the best interest
of the City; and therefore, desires to adopt the same by formal action.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF WYLIE,TEXAS:
SECTION I: The proposed amendments to the FY2010.2011 Budget of the City of
Wylie, as heretofore adopted by Ordinance No. 2010-17, are, completely adopted and approved
as amendments to the said FY2010-2011 Budget being described in Exhibit "A" (Statement of
Revenue and Expenditures), attached hereto and made a part hereof for all purposes.
SECTION II: All portions of the existing FY2010-2011 Budget and Ordinance No.
2010-17, except as specifically herein amended, shall remain in full force and effect, and not be
otherwise affected by the adoption of the amendatory ordinance.
SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the
part or parts as declared to be invalid, illegal, or unconstitutional.
SECTION IV: This ordinance shall be in full force and effect from and after its adoption
by the City Council as the law and the City Charter provide in such cases.
Ordinance No.2011-12
Amending Ordinance No.2010-17
Mid-year Budget
SECTION V: That all other ordinances and code provisions in conflict herewith are
hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the
Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or
provision of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 26th day of April, 2011.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Ordinance No.2011-12
Amending Ordinance No.2010-17
Mid-year Budget
Exhibit"A"
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2010-2011 PERSONNEL SAVINGS AMENDMENTS 2010-2011
BEGINNING BALANCE S 7,413,328 $ 8,305,011
REVENUES:
Ad Valorem Taxes 13,751,556 - - 13,751,556
Sales Taxes 2,608,1 12 - 130,000 2,738,112
Franchise Fees 2,260,000 -
-
2,260,000
Licenses&Permits 287,030 - - 287,030
intergovernmental Revenues 595,067 - 7,925 602,992
Service Fees 2,204,000 - - 2,204,000
Court Fees 548,107 - - 548,107
Interest&Miscellaneous 333,646 - 19,000 352,646
Total Revenues 22,587,518 - 156,925 22,744,443
OTHER FINANCING SOURCES:
Transfers from Other Funds 1,252,612 - - 1,252,612
Transfer from Fleet Fund for Current Vehicles 217,500 - - 217,500
Transfer from Fleet Fund to Close Fund 525,000 525,000
Use of Fund Balance for Emergency Communications 880,932 880,932
Use of Fund Balance for General Obligation Debt Services 400,000 400,000
Use of Fund Balance for Equipment for Muncipal Complex 150,000 150,000
Use of Fund Balance for Streets and Alleys 200,000 200,000
Use of Fund Balance for Library Carry Over 26,003 26,003
Total Other Financing Sources 3,626,044 - - 3,652,047
Total Revenues&Transfer in 24,582,630 - 24,739,555
TOTAL AVAILABLE RESOURCES 31,995,958 33,044,566
EXPENDITURES:
General Government
City Council 83,281 0 0 83,281
City Manager 787,994 -7,661 0 780,333
City Secretary 243,827 -2,462 0 241,365
City Attorney 128,000 0 0 128,000
Finance 855,227 -339 0 854,888
Facilities 286,800 0 0 286,800
Support Services 0 0
0 0
Municipal Court 345,488 -26,639 0 318,849
Human Resources 196,051 -1,358 0 194,693
Purchasing 115,342 -765 0 114,577
Information Technology 979„551 27,364 20,034 1,026,949
Animal Control 277775 5,303 11,432 294,510
Public Safety
-
0
Police 5,517,802 -186,757 7,925 5,338,970
Fire 5,304,604 0 21,000 5,325,604
Development Services - 0
Planning 469,045 -5,771 1,710 464,984
Building 671,287 -9,970 0 661,317
Code Enforcement 193.542 -2,856 0 190,686
Streets 1.313 233 32,981 0 1,346,214
Community Services
Parks 1624,539 184 0 1,624,723
Recreation 207,350 0 0 207,350
Library 1,178,693 -13,173 52,433 1,217,953
Non-Departmental 4,909,131 0 91,940 5,001,071
Transfers to Other Funds 1,396,714 0 0 1,396,714
Total Expenditures 25,688,562 (191,919) 206,474 25,703,117
ENDING FUND BALANCE $ 6,307,396 $ 7,341,449
Ordinance No.2011-12
Amending Ordinance No.2010-17
Mid-year Budget
Exhibit"A"
UTILITY FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2010-2011 PERSONNEL SAVINGS AMENDMENTS 2010-2011
BEGINNING BALANCE $ 10,624,394 $ 11,356,977
REVENUES;
Ad Valorem Taxes - - -
Sales Taxes - -
Franchise Fees
Licenses&Permits - - -
Intergovernmental Revenues _
Service Fees 9714,000 - - 9,714,000
Court Fees
Interest&Miscellaneous 65,000 - - 65,000
Total Revenues 9,779,000
- 9,779,000
OTHER FINANCING SOURCES:
Transfers from Other Funds 1,500,000 - - 1,500,000
Transfer from Fleet Fund for Current Vehicles 16,440 - - 16,440
Transfer from Fleet Fund to Close Fund 225,000 225,000
Use of Utility Fund-Fund Balance
Total Other Financing Sources 1,741,440 - - 1,741,440
Total Revenues&Transfer in 11,520,440 - - 11,520,440
TOTAL AVAILABLE RESOURCES 22,144,834 - 22,877,417
EXPENDITURES:
Utilities
Utility Administration 317,274 17,155 0 334,429
Utility-Water 1048,752 -13,044 0 1,035,708
Engineering 435,016 -6,929 0 428,087
Utility-Sewer 635,126 -5,779 0 629,347
Utility Billing 579„187 13,079 18,171 610,437
Non-Departmental 7,,010 883 0 1,550,000 8,560,883
Transfers to Other Funds 1,247,612 0 0 1,247,612
Total Expenditures 10,026,238 4,482 1,568,171 11,598,891
ENDING FUND BALANCE $ 11,877,156 $ 11,037,086
Ordinance No.201 1-12
Amending Ordinance No. 2010-17
Mid-year Budget
Exhibit"A"
EMERGENCY COMMUNICATIONS FUND
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2010-2011 PERSONNEL SAVINGS AMENDMENTS 2010-2011
REVENUES:
911 Fees 373,000 - - 373,000
Alarm Fees 220,000 - - 220,000
Intergovernmental Revenues 7,500 - - 7,500
Interest&Miscellaneous 2,000 - - 2,000
Total Revenues 602,500 - - 602,500
OTHER FINANCING SOURCES:
Transfers from Other Funds 996,714 - - 996,714
Use of Enter Comm Fund-Fund Balance
Total Other Financing Sources 996,714 - - 996,714
Total Revenues&Transfer in 1,599,214 - - 1,599,214
EXPENDITURES:
Public Safety
Dispatch Services 2,847,484 -46,298 0 2801,186
Transfers to Other Funds 0 0 0 0
Total Expenditures 2,847,484 (46,298) 0 2,801,1 86
Ordinance No.2011-12
Amending Ordinance No.2010-17
Mid-year Budget
Exhibit "A"
WYLIE ECONOMIC DEVELOPMENT
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2010-2011 PERSONNEL SAVINGS AMENDMENTS 20I0-2011
REVENUES:
Sales Taxes 1,.299056 - 65,000 1,364,056
Interest&Miscellaneous 730,050 - - 730,050
Total Revenues 2,029,106 - 65,000 2,094,106
OTHER FINANCING SOURCES:
Transfers from Other Funds - -
Use of WEDC Fund-Fund Balance - - -
Total Other Financing Sources
Total Revenues&Transfer in 2,029,106 - 65,000 2,094,106
EXPENDITURES:
Economic Development
Development Corporation 7,666,954 3,389 (3,389) 7,666,954
Transfers to Other Funds
Total Expenditures 7,666,954 3,389 (3,389) 7,666,954
Ordinance No.2011-12
Amending Ordinance No.2010-17
Mid-year Budget
Exhibit"A"
4B SALES TAX
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2010-2011 PERSONNEL SAVINGS AMENDMENTS 2010-2011 _
REVENUES:
Sales Taxes 1 299056 - 65,000 1,364,056
Service Fees 10,000 - 10,000
Interest&Miscellaneous 12,500 - - 12,500
Total Revenues 1,321,556 - 65,000 1,386,556
OTHER FINANCING SOURCES:
Transfers from Other Funds _
Use of 4B Sales Tax-Fund Balance _ _ -
Total Other Financing Sources
Total Revenues&Transfer in 1,321,556 - 65,000 1,386,556
EXPENDITURES:
Community Services
Parks 318,252 - 318,252
Recreation 229,160 - - 229,160
Transfers to Other Funds 565,000 - - 565,000
Total Expenditures 1,1 12,412 - - 1,1 12,412
Ordinance No.2011-12
Amending Ordinance No.2010-17
Mid-year Budget
Exhibit "A"
FIRE TRAINING CENTER
STATEMENT OF REVENUES AND EXPENDITURES
BUDGET PROJECTED OTHER AMENDED
2010-20I1 PERSONNEL SAVINGS AMENDMENTS 2010-2011
REVENUES:
First Responder Fees 35,000 - - 35,000
Interest&Miscellaneous 350 - - 350
Total Revenues 35,350
-
- 35,350
OTHER FINANCING SOURCES:
Transfers from Other Funds
- -
- -
Use of Fire Training-Fund Balance - - 80,635 80,635
Total Other Financing Sources - - 80,635 80,635
Total Revenues&Transfer in 35,350 - 80,635 35,350
EXPENDITURES:
Fire Training
Fire Training Center 18,325 - 80,635 98,960
Transfers to Other Funds 0 - - 0
Total Expenditures 18,325 - 80,635 98,960
Ordinance No.201 1-12
Amending Ordinance No. 2010-17
Mid-year Budget
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
r � _
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
To increase the General Fund sales tax revenue from $2,598,112 to $2,728,112.
ACCOUNT NO. DESCRIPTION AMOUNT
100 4000 40210 Sales Tax 130,000
TOTAL 130,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
EN- , _ = raitEMM R'e r—
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
To increase the General Fund sales tax revenue from $2,598,112 to $2,728,112.
ACCOUNT NO. DESCRIPTION AMOUNT
100 4000 40210 Sales Tax 130,000
TOTAL 130,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
DEPARTMENT:'h
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Additional overtime needed to complete projects and support for existing users. With all the new systems and users that have come on
line, IT does not have enough man hours to keep up without working substantial overtime.Audting services proved to be a much larger
project then anticipated. Additional phone system resources (speaker phones and fax lines) are needed for City Hall and Library. Brazos
Technology has submitted an unanticipated expense for the ticket writer software that will need to be paid this fiscal year.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5155 51130 Overtime 17,000
100 5155 56040 Auditing Services 10,000
100 5155 52130 Phone System Maintenance 5,000
100 5155 54810 Brazos Technology 2,083
TOTAL 34,083
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
To increase the General Fund sales tax reimbursement from $258,060 to $350,000.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5181 56990 Reimbursement of Sales Tax 91,940
TOTAL 91,940
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
•MFNT: Police
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? is Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Funds received for SANE exams in the amount of$2,792.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52250 Medical and Surgical 2,792
TOTAL 2,792
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
RANK 1
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Funds received from the Texas Comptroller in the amount of$3,612 for Travel and Training. These funds are earmarked specifically for
training.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 56210 Travel and Training 3,612
TOTAL 3,612
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
L_MD=
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSEIOBJECTIVE OF REQUEST:
Grant funds received for bullet resistant vests in the amount of$1,521.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52710 Wearing Apparel and Uniforms 1,521
TOTAL 1,521
ADDITIONAL COMMENTS:
,-
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
iris inspector PPE DEFARTIV-7FMMIMIIMIM
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: 0 To: 1
PURPOSE/OBJECTIVE OF REQUEST:
The new inspector hired in March 2011 will need all the PPE normally issued to a new fire fighter plus two additional items which are a
duty pistol and a bullet resistant vest. The added cost has been added to this mid-year budget amendment for the Fire
Inspector/Investigator. This equipment does not exist in WFR, and the hiring was not anticipated during last year's budget preparation.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5231 52710 Personel Protective Equipment (PPE) 2,760
100 5231 52710 Bullet Resistant Vest (inspector) 770
100 5231 52130 Glock pistol (Wylie Public Safety standard) 470
TOTAL 4,000
ADDITIONAL COMMENTS:
Until this is funded the inspector will be wearing back-up reserve gear. This money was not budgeted due to the previous incumbent
being an internal transfer of a police officer. Since the previous inspector transferred from the police department he came equipped
with all these items. The original person to hold this position was not a licensed police officer.
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
I:' - . .77 1- -
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Replacement of 4 Self Contained Breathing Apparatus. - Wylie currently has 32 airpacks in service. 20 of those airpacks were
purchased in December of 2001 and have just run out of warranty.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5231 58850 Self Contained Breathing Apparatus X4 17,000
TOTAL 17,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
ME .Di - uontr41,„ ..
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Due to one of the Animal Control Officers being on FLSA and eventually being dismissed there was a shortage of help in the unit. A
temporary kennel tech was hired to help complete fuctions of the unit. Funds were transferred to cover the cost of the temp position in the
amount of$11,082. Request funds be replaced in accounts that were affected.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5251 52990 Other 5,000
100 5251 52010 Office Supplies 1,000
100 5251 56210 Travel and Training 2,490
100 5251 56040 Special Services 2,592
TOTAL 11,082
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
RANK I OF 10 J REQUEST:)- I.. 3
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
There are currently four Animal Control Officers that perform all functions associated with animal services including stray or loose dogs
and livestock, animal adoptions, ordinance enforcement and investigation, care of animals in the shelter and cleaning and maintenance
of the kennels. The four ACO's work on saturdays and sundays to care for the animals and clean. Having a part time Kennel Technician
that can focus on basic care and cleaning would allow the ACO's to function as their position is needed. The ACO's are stretched to their
limit with a growing call load. This would greatly assist in spreading the workload and the morale of the employees.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5251 51112 Part-time salary 6,200
100 5251 51440 FICA 400
100 5251 51450 Medicare 90
100 5251 52710 Uniforms 200
100 5251 56210 Training 100
100 5251 52210 Office Supplies 50
TOTAL 7,040
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
RANK 1
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
To cover the annual maintenance on copy machine that is unique to the Planning deparment. This machine (HP5500) does highly
complex printouts of plats, plans, etc. and needs to kept in optimal operating condition. This is expense was not budgeted in the IT
department as was originally believed at the beginning of the fiscal year.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5311 54810 Computer Hard/Software 1,710
[TOTAL 1,710
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? lir—Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The library is using a portion of the Lone Star Grant to purchase a coin-op for the children's department. The coin-op is attached to the
printer system that allows for a self-help printer station. This frees staff time to assist patrons with reference questions.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 54630 Coin-op Machine 2,650
TOTAL 2,650
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The remaining Lone Star Grant will be spent on the Opening Day Collection.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551' 52620 Library books 1,996
TOTAL 1,996
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
Qul r .-.. L ne ta..
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The library is using Lone Star Grant funds to purchase a public service desk computer for the Teen Room.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5155 52130 Computer 1,200
100 5155 52130 TLC License 1,500
100 5155 52130 Microsoft License 250
TOTAL 2,950
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
A portion of the Lone Star Grant will be used to purchase Newsbank, an online resource that has the Dallas Morning News and an
obiturary index. The resource is available online and in house.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 54810 Newsbank 2,134
TOTAL 2,134
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? Yes! Change Level of current personnel? From: To:
Nn
PURPOSEIOBJECTIVE OF REQUEST:
The library is spending a portion of the Lone Star Grant on sending the Library Director to the Texas Library Association Convention in
Austin.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 56210 Conference Registration 250
100 5551 56210 Air Travel 260
100 5551 56210 Meals 140
TOTAL 650
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The library received reimbursement for the World Book Online through the Broadband Technology Opportunity Program.
Note: This is not a midyear amendment. Funds spent were directly reimbursed through above program.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 54810 World Book Online 2,682
TOTAL 2,682
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The Friends sponsor the Be-Tween Book and Movie Club annually. This year they also sponsored nationally known author Gordon
Korman.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 56040 Special Services 2,000
TOTAL 2,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
This amount is the remainder of the Friends of the Library donation for the Opening Day Collection that was not orginally budgeted for in
fiscal year 2011. The City has already received these funds.
•
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 52620 Library books 26,003
TOTAL 26,003
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
I
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The Friends have donated $17,000 for the Opening Day Collection for the new library.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 52620 Library books 17,000
TOTAL 17,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
i CJEPARTMENT: WEDC Revenue
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
To increase the WEDC sales tax revenue from $1,299,056 to $1,364,056
ACCOUNT NO. DESCRIPTION AMOUNT
111 4000 40210 Sales Tax 65,000
TOTAL 65,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSEIOBJECTIVE OF REQUEST:
To increase expenditures based on the reclasification of Administrative Assistant to Senior Assistant per WEDC Board approval on
March 21, 2011.
ACCOUNT NO. DESCRIPTION AMOUNT
111 5611 51110 Salaries 2,774
111 5611 51310 TMRS 340
111 5611 51410 Hospital and Life Insurance 23
111 5611 51420 LTD 16
111 5611 51440 FICA 172
111 5611 51450 Medicare 40
111 5611 51470 Workers Comp 24
TOTAL 3,389
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
' '`• s_��i : 3�� f�-TMENiTi,'_WEDC:
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
To decrease FY 2011 budget by offset of added increase from assistant promotion.
ACCOUNT NO. DESCRIPTION AMOUNT
111 5611 58110 Land -3,389
TOTAL -3,389
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
To increase the 4B sales tax revenue from $1,299,056 to $1,364,056
ACCOUNT NO. DESCRIPTION AMOUNT
112 4000 40210 Sales Tax 65,000
TOTAL 65,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
- -
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
In order to maintain a functional training field, we need to make several purchases. We are requesting two new training props to assist in
forcible entry. The second and larger area of expense will come in the category of maintenance. Also, the existing burn chamber has
reached end of life and needs to replaced. There is a recommendation for a new commercially built unit that will take the place of the
existing unit.
ACCOUNT NO. DESCRIPTION AMOUNT
132 5642 52130 Forcible entry simulator 8,000
132 5642 52130 Overhead door entry simulator 3,300
132 5642 52130 Training supplies for simulator 3,000
132 5642 52130 Burn Chamber Replacement 54,685
132 5642 52130 Concrete pad for burn chamber 2,000
132 5642 52130 Materials for installation 2,000
132 5642 52130 Overhead door sensors 1,650
132 5642 56040 Engineer's certification report 1,000
132 5642 56040 ,Onsite training 3 days simulator 5,000
TOTAL 80,635
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
wr-r4riaariliii 'UM
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
We had a surplus of meters in the past few years and now we have used all of them. There is a need for additional funding for the
purchase of additional new meters to finish the year.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5715 58330 Meters/Connections 15,000
TOTAL 15,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
edification P r• #il j l illin'
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
This is to cover the certifications and licenses for the new meter services technician due to the unexpected departure of the former
employee.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5715 51160 Certification Incentive 171
TOTAL 171
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
DEPARTMENT Ut l I il'
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Setup charges for statement billings.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5715 54810 Computer Hard/Software 3,000
TOTAL I 3,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
A :- -WE DEPARTMENT, Non-Departmental
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Public Works building improvements.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5719 56570 Engineering/Architecture 350,000
TOTAL L 350,000
ADDITIONAL COMMENTS:
Exhibit A
REQUEST FORM - MIDYEAR BUDGET REQUEST FISCAL YEAR 2011
-r
^, Non-De•artmentir
New Request: Yes New personnel? Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Twin Lakes Outfall Sewer
ACCOUNT NO. DESCRIPTION AMOUNT
611 5719^ 56640 Utilities - Sewer 1,200,000
TOTAL 1,200,000
ADDITIONAL COMMENTS:
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 4-26-11 Item Number: 6.
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: 4-20-11 Budgeted Amount:
Exhibits: 2
Subject
Consider, and act upon, Resolution No. 2011-13(R) approving an Impact Fee Agreement between the City of
Wylie and the Wylie Economic Development Corporation.
Recommendation
Motion to approve Resolution No. 2011-13(R) an Impact Fee Agreement between the City of Wylie and Wylie
Economic Development Corporation.
Discussion
The Wylie Economic Development Corporation Board of Directors formally requests that the Wylie City
Council consider reducing thoroughfare impact fees associated with the construction of a 96,000 square foot
industrial facility located at 1405 Martinez Lane. As part of the Ascend Custom Extrusion project which is a
public private partnership between Ascend and the WEDC, a $15 million investment is being made in Wylie
along with the initial creation of seventy-five jobs up to two hundred within three to five years. As a
component of the project, the WEDC is developing the real property improvements and will lease the same
back to Ascend.
The proposed Impact Fee Agreement between the WEDC and City of Wylie provides for the reduction of
thoroughfare impact fees from $202,789.44 to $41,095.86, or a credit of$161,693.58. Under Section 395.023
of the Local Government Code, municipalities are able to waive, or credit, fees due from a developer for offsite
improvements funded by the developer. In this case, the WEDC replaced 1,865 linear feet of asphalt roadway
(Martinez Lane) with a concrete street, curb, and gutters at a construction cost of$412,524. Section 395.023
allows for the WEDC to request a credit equal to the construction cost of offsite improvements, but the WEDC
is not requesting a full credit.
The requested thoroughfare impact fee of$41,095.86 in addition to all other development fees imposed by the
City of Wylie for the Ascend project equals $108,825. The WEDC is requesting neither a reduction nor waiver
of any other fees aside from the thoroughfare impact fee.
On July 20, 2011, the WEDC Board of Directors met to and approved the attached Agreement.
Approved By
Initial Date
Department Director SS 4-20-11
City Manager MICA ifja, i��
Page 1 of 1
RESOLUTION NO.2011-13(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE MAYOR OF THE CITY OF WYLIE,
TEXAS TO APPROVE THE IMPACT FEE AGREEMENT BY AND
BETWEEN THE WYLIE ECONOMIC DEVELOPMENT
CORPORATION AND THE CITY OF WYLIE, TEXAS, FOR THE
IMPROVEMENTS TO MARTINEZ LANE; AUTHORIZING THE
MAYOR TO EXECUTE SAID IMPACE FEE AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. The Mayor of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie, Texas, the Impact Fee Agreement by and
between the Wylie Economic Development Corporation and the City of Wylie, Texas, for the
improvements to Martinez Lane and authorizing the Mayor to execute the same, a copy of which
is attached hereto and incorporated herein by reference for all purposes.
SECTION 2. This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th DAY OF APRIL, 2011.
Eric Hogue, Mayor
ATTEST TO:
Carole Ehrlich, City Secretary
Resolution No.2011-13(R)
Impact Fee Agreement
(Wylie EDC—Improvements to Martinez Lane)
IMPACT FEE AGREEMENT
(Martinez Lane Improvements)
THIS IMPACT FEE AGREEMENT ("Agreement") is made and entered into as of this
26th day of April, 2011, by and among, the CITY OF WYLIE, TEXAS, a Texas home-rule
municipality ("City"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a
Texas Type A corporation ("Developer"), on the terms and conditions hereinafter set forth.
WITNESSETH:
WHEREAS, Developer owns approximately 22f acres of land situated in the E. C.
Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas, as more particularly
described and depicted on Exhibit A, attached hereto and incorporated herein by reference
("Property");
WHEREAS, pursuant to §395.023, Texas Local Government Code, and in conjunction
with the Developer's development of the Property, Developer made certain offsite improvements
to Martinez Lane, from W. Alanis Lane to Highway 78, which included the replacement of 1,865
linear feet of asphalt roadway with a 26.5' wide concrete street with curb and gutter ("Offsite
Improvements"); and
WHEREAS, City has investigated and determined that the Offsite Improvements were in
the best interests of City and its Citizens; and
WHEREAS, Developer desires to fulfill its obligations to pay thoroughfare impact fees
on the Property as described in Ordinance No. 2009-12, as amended ("Impact Fee Ordinance");
and
WHEREAS, in consideration of Developer constructing the Offsite Improvements, City
and Developer agree that Developer may fulfill its obligations to pay thoroughfare impact fees in
the manner set forth herein
NOW,THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, City and Developer agree as follows:
1. Land Subiect to Agreement. The land that is subject to this Agreement is the
Property. Developer represents that it is the sole owner of the Property.
2. Offsite Improvements. (a) In May 2007, Developer, at its sole cost and expense,
constructed and completed, and City subsequently finally accepted the Offsite Improvements.
(b) Developer represents that the actual construction costs for the construction of
the Offsite Improvements was Four Hundred Twelve Thousand, Five Hundred Twenty-Four and
00/100 Dollars ($412,524.00) ("Construction Costs"). Developer acknowledges and agrees that
City is relying upon Developer's engineer's representation and warranty of the Construction
Costs.
Resolution No.2011-13(R)
Impact Fee Agreement
(Wylie EDC Improvements to Martinez Lane)
3. Thoroughfare Impact Fees. The thoroughfare impact fees due on the Property
under the Impact Fee Ordinance are Two-Hundred Two Thousand, Seven Hundred Eight-Nine
and 44/100 Dollars ($202,789.44) ("Thoroughfare Impact Fees"). This Agreement shall only
apply to thoroughfare impact fees due on the Property under the Impact Fee Ordinance.
Developer has requested that City provide a partial credit of the Thoroughfare Impact Fees in the
amount of One Hundred Sixty-One Thousand, Six Hundred Ninety-Three and 58/100 Dollars
($161,693.58) ("Credit") in accordance with §395.023, Texas Local Government Code, because
Developer constructed the Offsite Improvements, City agrees to apply the Credit toward the
Thoroughfare Impact Fees due on the Property. Developer agrees to tender to City the remaining
Thoroughfare Impact Fees owed on the Property simultaneously with its execution of this
Agreement.
4. Limitation of Liability. Notwithstanding anything to the contrary herein, the
parties agree and acknowledge that City shall not, under any circumstance, be required to tender,
provide a credit and/or be liable to Developer for, any reimbursement of, credit and/or payment
of any monies with regard to the matters set forth herein, save and except as provided in
Paragraph 3 above.
5. Covenant Running with Land. This Agreement shall be a covenant running
with the land and the Property and shall be binding upon Developer, its officers, directors,
partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or
trustees.
6. Limitations of Agreement. The parties hereto acknowledge that this Agreement
is limited to the matters specifically addressed herein. City ordinances covering property taxes,
utility rates, permit fees, inspection fees, development fees, impact fees for water and sewer,
park fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this
Agreement does not waive or limit any of the obligations of Developer to City under any
ordinance, whether now existing or in the future arising.
7. Vested Rights/Chapter 245 Waiver. The signatories hereto shall be subject to
all ordinances of City, whether now existing or in the future arising. This Agreement shall
confer no vested rights on the Property, or any portion thereof, unless specifically enumerated
herein. In addition, nothing contained in this Agreement shall constitute a"permit"as defined in
Chapter 245, Texas Local Government Code, and nothing in this Agreement provides City with
fair notice of any Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER
CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE RELATED TO THIS AGREEMENT.
THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
8. Incorporation of Recitals. The representations, covenants and recitations set
forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated
into the body of this Agreement and adopted as findings of City and the authorized
representative of Developer.
9. Developer's Warranties/Representations. All warranties, representations and
covenants made by Developer in this Agreement or in any certificate or other instrument
Resolution No.2011-13(R)
Impact Fee Agreement
(Wylie EDC—Improvements to Martinez Lane)
delivered by Developer to City under this Agreement shall be considered to have been relied
upon by City and will survive the satisfaction of any fees under this Agreement, regardless of
any investigation made by City or on City's behalf.
10. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties hereto.
11. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
12. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
13. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
14. Authority to Execute. This individuals executing this Agreement on behalf of
the respective party below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the party for which his or her signature appears, that there are no other parties or
entities required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof. The parties agree that the performance by the parties
under this Agreement is authorized by Section 212.071, et. seq. of the Texas Local Government
Code.
15. Savings/Severability. In case one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
16. Representations. Each signatory represents this Agreement has been read by the
party for which this Agreement is executed and that such party has had an opportunity to confer
with its counsel.
17. Sovereign Immunity. The parties agree that City has not waived its sovereign
immunity by entering into and performing its obligations under this Agreement.
18. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create 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.
Resolution No.201 I-13(R)
Impact Fee Agreement
(Wylie EDC—Improvements to Martinez Lane)
19. Assignment/Binding Effect. This Agreement may not be assigned without the
prior written consent of City.
20. Reference to Developer. When referring to "Developer" herein, this Agreement
shall refer to and be binding upon Developer, and its officers, directors, partners, employees,
representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees.
21. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to become effective on the latest day as reflected by the signatures below.
CITY: DEVELOPER:
CITY OF WYLIE, TEXAS WYLIE ECONOMIC DEVELOPMENT
CORPORATION
By: By:
Eric Hogue, Mayor Marvin Fuller, President
Date: Date:
Resolution No.2011-13(R)
Impact Fee Agreement
(Wylie EDC Improvements to Martinez Lane)
STATE OF TEXAS: §
§
COUNTY OF COLLIN: §
BEFORE ME, the undersigned authority, on this day personally appeared Mayor Eric
Hogue known to me to be one of the persons whose names are subscribed to the foregoing
instrument; she acknowledged to me that she is the duly authorized representative for the CITY
OF WYLIE, TEXAS, and she executed said instrument for the purposes and considerations
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 26th day of April, 2011.
Notary Public in and for the State of Texas
My Commission Expires:
STATE OF TEXAS: §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Marvin Fuller,
President of the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A
corporation, known to me to be one of the persons whose names are subscribed to the foregoing
instrument; he acknowledged to me that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated on behalf of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2011.
Notary Public in and for the State of Texas
My Commission Expires:
Resolution No.2011-13(R)
Impact Fee Agreement
(Wylie EDC—Improvements to Martinez Lane)
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY
WHEREAS, Wylie Economic Development Corporation and, SAF-Holland, Inc. are the owners of a tract
of land situated in the E.C. Davidson Survey, Abstract No. 267, in the City of Wylie, Collin County, Texas,
being all of Lot 1 of the Holland Hitch Addition, an addition to the City of Wylie, Texas, according to the
plat thereof recorded in Volume N, Page 257 in the Map Records of Collin County, Texas (MRCCT) and,
being all of Lot 2R of Premier Plaza, an addition to the City of Wylie, Texas, according to the plat thereof
recorded in Volume 2010, Page 240 MRCCT, and being more particularly described as follows;
BEGINNING at a 5/8-inch iron rod found at the north end of a corner clip at the intersection of the east line
of Martinez Lane(50 foot right-of-way)with the south line of State Highway No. 78 (variable right-of-way), at
the northwest corner of said Lot 1, said point also being the southwest corner of a tract of land as described
in deed to The Collins Property Company recorded under Clerk's File No. 92-0076955 in the Deed Records
of Collin County, Texas(DRCCT);
THENCE S 88°35'31" E, along the south line of said Collins Property Company tract, at a calculated
distance of 600.89 feet passing the southwest corner of the Wylie Mobil Home Park, an addition to the City
of Wylie, Texas, according to the plat thereof recorded in Volume D, Page 108 MRCCT, continuing along
the south line of said Wylie Mobile Home Park, in all a distance of 678.25 feet to a 5/8-inch iron rod with
plastic cap stamped "Spar Surveys" set at the northwest corner of the remainder portion of that same tract
of land as described in deed to Henry Martinez recorded in Volume 626, Page 54 DRCCT as identified by
the final plat of said Holland Hitch Addition;
THENCE S 00°47'37" W, departing the south line of said Wylie Mobile Home Park, along the west line of
said Martinez remainder tract, 5.02 feet to a 5/8-inch iron rod found;
THENCE S 89°13'18" E, along the south line of said Martinez remainder tract and north line of Lot 2R of
said Premier Plaza, 418.68 feet to a 5/8-inch iron rod found at the easterly corner of said Martinez
remainder tract and the southeast corner of said Wylie Mobile Home Park, said point also being the
southwest corner of a tract of land as described in deed to Bariatric Care Center of TX, Inc. recorded in
Volume 4621, Page 1555 DRDCT;
THENCE S 89°42'08" E, along the south line of said Bariatric Care Center tract, 96.58 feet to a 5/8-inch
iron rod found at the northwest corner of the replat of Westwind Meadows No. 2, an addition to the City of
Wylie, Texas, according to the plat thereof recorded in Volume C, Page 706 MRCCT;
THENCE S 00°23'42" E, departing the south line of said Bariatric Care Center tract, along the west line of
said Westwind Meadows No. 2, 349.32 feet to a 1/2-inch iron rod found at the southwest corner of said
Westwind Meadows No. 2, same being the northwest corner of Westwind Meadows No. 3, an addition to
the City of Wylie, Texas, according to the plat thereof recorded in Volume F, Page 643 MRCCT;
THENCE S 00°43'15" E, along the west line of said Westwind Meadows No. 3, at a calculated distance of
691.66 feet passing the southwest corner of said Westwind Meadows No. 3, same being the northwest
corner of a tract of land as described in deed to Milford Founders, Ltd. recorded in Volume 5549, Page 4484
DRCCT, continuing along the west line of said Milford Founders tract, in all a distance of 825.70 feet to a
5/8-inch iron rod with plastic cap stamped "Span Surveys"found at the northeast corner of a tract of land as
described in deed to Edna J. Pockrus recorded in Volume 3175, Page 185 DRCCT;
THENCE S 89°11'31" W, departing the west line of said Milford Founders tract, along the north line of said
Pockrus tract, at 210.38 feet passing a 1/2-inch iron rod found at the northwest corner of said Pockrus tract,
same being the northeast corner of said Creek Bend Industrial Park, continuing along the north line of said
Resolution No.2011-13(R)
Impact Fee Agreement
(Wylie EDC Improvements to Martinez Lane)
Creek Bend Industrial Park, in all a distance of 771.04 feet to a 5/8-inch iron rod with plastic cap stamped
"Sparr Surveys" set at the southeast corner of Lot 1 R of said Premier Plaza;
THENCE N 00°48'29" W, departing the north line of said Creek Bend Industrial Park, along the east line of
said Lot 1 R, 316.53 feet to a 5/8-inch iron rod with plastic cap stamped "Sparr Surveys" set at the northeast
corner of said Lot 1 R;
THENCE S 88°58'38" W, along the north line of said Lot 1 R, 521.08 feet to a 5/8-inch iron rod with plastic
cap stamped "Sparr Surveys"set in the east line of said Martinez Lane;
THENCE N 03°56'02" E, along the east line of said Martinez Lane, 841.51 feet to a 5/8-inch iron rod with
plastic cap stamped"Sparr Surveys"set at the south end of said corner clip;
THENCE N 26°01'13" E, along said corner clip, 74.53 feet to the POINT of BEGINNING and
CONTAINING 30.98 acres of land.
Resolution No.2011-13(R)
Impact Fee Agreement
(Wylie EDC Improvements to Martinez Lane)
{
, r. ,
ip N :i in Inv z
S 1: =Iit II la(fi z S.S{!a
110 .1,1 n_ `x 2w. in
i
i., 4 ,-.. ..i Z 1 Dili , -- v't -=';.- ‘4.2 52a1 i• ci'
IL 4 ei ifinittiO, 20y. d'I JO H3 4or
•ii t i 111 " ! 4 is it t-_.�y i b� �_6
111
. 1 i th 1 1 -if --'
Ili I
} i i +{t111h1 tt 1 t it11111 t 1I IIè(& iiAIllh1i 11 1
� _� i �_] i ig•� E; `l� � ��f !ill j j s +'ali ��f • El • IP
421 i 1I
MI�fi� � � ,A
iI 11j ' = s11 i E 1 1 !' ih
s I + P II li e • ,,ii i a l 11,hl31 1 1 lad 1; ; t =Jb
tg 111 fl j 1, ; t1t1Ii 1i#II hi i g t, rlis i al , f A 31 hs 11 it i +ioa , t {t :( it + i ai:a 111 1t ti lip 311 1i sf.1 tt 0 N l til `ip 13 !I f13 fa f= �Jfj +f • 1i19! n • x + a s [1i t $ t 1 of
it hill 1•! lice _ " + , 1= : li !1 , i ilisllat3 , •1� IJI r 1r1Hi1 ;� !III 1.1 J,II Mil. list; =E ! �1 r I = .i•1:}i i ,;d,1 jJ a= 1
}• J sa .: 1 i = 1 1 a 9= __ 11 rrl3 V
I 111'11 'i isii 1i = EJ 101 t 1 1 i IttM
;, i r i , 1 t = i !i ��41 qi1
II
1 J• i1 J 1111 J; s = alir i1! � ii 1� �; 1!Ii
11 ;i ��is � Jl. �Ji � �; � f� °� � 1iM;iii!
1,i i 0 ., v Ji ofj Ki i w1 "� ` 1illa �aEiii 111 p !r1s •�: ] 1• 1tiit� �� � ft �� tJ � ii� =� , �>:_ �� �_ � _ is
g1si,. 4 fN i - 1 i r19 11 .NI .*Qsa _ th al a� a� - i i li
I hili1 1� NIA! I1 hill III Its IiiiiI N ial 11s I1 It i� 3 a taliiii.i a=a� 1 li l + ii Nis I it
•
1
3+ ee
L; l
pti Pli
.r1
,,, s 3 s .3 `i $ ! 3 i ] s La i n IJ bill
ip -1� 1 I
`, 1 RCM as�,ma -
11111
' 1 .a - -,.,_ `^-�`.— k * 53§94'J99363•.s�193l1a_ glib
' 1 i ! '3y 0aa �y 71tlY!# ]y
1 Y�i 1 1 I yrr,iaar>?YC>lan a i 1 i
1 'N 1 I 3.._._.eisis
i. I. fil
�S[ •.b1F �11111911: 1
.....t. 1
1 II at1 I 1111, .
iiii
Wl i �__W��asi4itvr_ f ri
nit 'i .- nr�pur's. a t i,lI L_
Z...\\AL,
I 3
ill fil 'If'
rs III
1- „ i. r; 1IA ' Ili111111x11
1 #Ya k a : a agYy
1, i_r '`stvs.j"a" O E l lllll it l thl
a 1
- 1 am ssnuria3"i �al=orm
is . is 1 ,.
J ri' A !� _r f 1 111. i. i 5 t I ',��aar�iiistiiiiili+iiiIiiiiii
�, i I t 0it i f 4i i 6 E iIommuto
s s
J� t Y1 ii
i i! I �• lip 3 maanaal"a38MES18688666866
k 1
�F a , Ir
�rx'--�- 1.L�'t sT�.ir- Jx_
IWiM��• hal- — �ii�`4 _ ..:`I 1
`�� sin errs -
1ii i iii Ifi iti 1-10 1-11 fil 1 „
i ii f \
/s 1 �NAIL.,
'
tP — E
tt=il -•,
3Fi11iE
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: April 26, 2011 Item Number: 7.
Department: Public Services (City secretary's Use Only)
Prepared By: Mike Sferra Account Code: 447-5447-56510 Project 7CA
Date Prepared: April 21, 2011 Budgeted Amount: $1,495,000
Exhibits: 2
Subject
Consider, and act upon, Resolution No. 2011-14(R) rejecting the bids for Community Park Improvements.
Recommendation
Motion to approve Resolution No. 2011-14(R) rejecting the bids for Community Park Improvements.
Discussion
Bids for Community Park Improvements were received on Wednesday, April 20, 2011. The lowest base bid
exceeds the amount of budgeted funding for the project. After discussion with the consultant, staff is
recommending that the bids be rejected.
Approved By
Initial Date
Department Director ,MMS - 4-21-2011
City Manager r+1
Page 1 of 1
RESOLUTION NO. 2011-14(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, REJECTING ANY AND ALL BIDS SUBMITTED
FOR THE 2011 COMMUNITY PARK IMPROVEMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Wylie, Texas ("Wylie") staff("City Staff') received bids for the
2011 Community Park Improvements by the April 20, 2011 deadline ("Project"); and
WHEREAS, upon opening the bids, City Staff determined that all of the bids exceeded
the amount of available funding for the Project; and
WHEREAS, based upon the recommendation of City Staff and pursuant to the authority
granted by Section 252.043(f), Texas Local Government Code, the City Council of Wylie ("City
Council") has investigated and determined that it is in the best interest of the citizens of Wylie to
reject any and all bids submitted for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE:
SECTION 1: The City Council hereby rejects any and all bids submitted for the Project
Improvements based upon the recommendation of City Staff and pursuant to the authority
granted by Section 252.043(f), Texas Local Government Code.
SECTION 2: This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas
this 26th day of April, 2011.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No.2011-14(R)
Rejecting Bids for 2011 Community Park Improvements
591858.v1
2011 Community Park Improvements
City of Wylie,Texas
Bid Opening:April 20,2011
Schmoldt 1DC K.W. Brown North Texas
Bid Item Construction Construction Fain Construction Contracting
Base Bid $ 1,590,000 $ 1,700,000 $ 1,769,000 $ 1,826,000 $ 2,124,385
Alt.A-Parking for 156 Spaces $ 225,000 $ 363,000 $ 395,000 $ 337,044 $ 295,000
Alt. B- Pvmt. Markings for 156 Spaces $ 1,100 $ 5,000 $ 6,750 $ 3,724 $ 6,000
Alt. C-Landscape and Irr for 156 Spaces $ 17,000 $ 20,000 $ 17,350 $ 19,645 $ 19,000
Alt. D- Parking for 287 Spaces $ 370,000 $ 516,000 $ 586,000 $ 503,504 $ 427,000
Alt. E-Pvmt. Markings for 287 Spaces $ 2,200 $ 6,000 $ 8,900 $ 6,160 $ 8,000
Alt. F-Landscape and Irr for 287 Spaces $ 38,000 $ 30,000 $ 18,000 $ 38,528 $ 37,000
Alt.G-Concession Stand-Jim Wilson $ 380,000 $ 650,000 $ 495,000 $ 355,802 $ 540,000
Alt. H-1-Concession Stand- 14'x24' $ 97,000 $ 200,000 $ 172,000 $ - $ 85,000
Alt. H-2-Concession Stand 24'x36' $ 117,000 $ 300,000 $ 226,000 $ - $ 175,000
Alt. I - Football Field Improvements $ 70,000 $ 83,000 $ 91,000 $ 74,162 $ 110,000
Alt.J -Cooper Field Irrigation &Sod $ 39,000 $ 55,000 $ 40,000 $ 44,252 $ 40,000
Alt. K 8 Bleacher Covers $ 16,500 $ 67,000 $ 16,000 $ 16,128 $ 85,000
Alt. L-8 New Bleachers $ 30,400 $ 32,000 $ 30,000 $ 31,746 $ 15,000
Alt. M . Plaza& Infield Lighting Package $ 97,000 $ 108,000 $ 103,000 $ 160,892 $ 115,000
Alt. N -Outfield Lighting Package $ 135,000 $ 151,000 $ 144,000 $ 184,276 $ 155,000
Alt. 0- Light Pole Relocation $ 5,700 $ 7,000 $ 6,700 $ 3,248 $ 6,000
Alt. P-Landscaping and Seeding Plaza $ 20,000 $ 40,000 $ 18,000 $ 127,504 $ 125,000
Total with All Alternates $ 3,250,900 $ 4,333,000 $ 4,142,700 $ 3,732,615 $ 4,367,385