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06-28-2011 (City Council) Agenda Packet Wylie City Council CITY F IATYLIE NOTICE OF MEETING Regular Meeting Agenda June 28, 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 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. 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 Outgoing 2010-2011 Boards & Commission Members. • City of Wylie Paperless Process • Motorcycle Awareness Month 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. June 28,2011 Wylie City Council Regular Meeting Agenda Page 2 of 3 REGULAR AGENDA 1. Consider, and act upon, approval of the Minutes of the June 14, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) OATHS OF OFFICE • Administer Oaths of Office to 2011-2012 Boards & Commission Members. 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 place on file the City of Wylie Monthly Investment Report for May 31, 2011. (L. Bantz, Finance Director) B. Consider and place on file, the Monthly Revenue and Expense Report for the City of Wylie as of May 31, 2011. (L. Bantz, Finance Director) C. Consider, and place on file the Annual City of Wylie Storm Water Management Plan approved by the Texas Commission on Environmental Quality. (M. Sferra, Public Services Director) D. Consider, and act upon, Resolution No. 2011-20(R) to enter into an Interlocal Cooperative Purchasing Agreement between Dallas County and the City of Wylie to permit the City to utilize Dallas County supplier contracts for goods and services. (J. Holcomb, Purchasing Officer) REGULAR AGENDA 2. Consider, and act upon, authorizing the City Manager to approve a contract with Teague Nall and Perkins, Inc. in the amount of $40,000 for professional services related to the City of Wylie Neighborhood Parks 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 Teague Nall and Perkins,Inc. (TNP)for the City of Wylie Neighborhood Parks 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. WORK SESSION • Discuss Planet Kidz Youth Program. (R. Diaz, Parks & Recreation Superintendant) June 28,2011 Wylie City Council Regular Meeting Agenda Page 3 of 3 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 24th day of June 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 Motorcycle Share the Road • Campaign DUCK Presentation TRACTOR 611191[1.itihja# 7:19) 113) XING XING I gill 111 t 00 5Atre, 1416 Co: 4311 /i00/ CAUTION SHARE TRt SPEED ROAD BUMP Presented By: Sandy "Thumper" Daniels N. Dallas Outpost Safety & Awareness Coordinator 972-352-9959 TCOC I . ) //nuesuft7intexus 'i1 rfes.. ad corn Texas Confederation of Clubs & Independents (TCOC&I) Website: http://RideSafeInTexas.homestead.com State Safety& Awareness Liaison: Butterfly N. E. Dallas Outpost Safety & Awareness Coordinator: Sandy "Thumper" Daniels Annual Proclamation Campaign (March — May) Each year riders across Texas contact their Mayor or County Judge to request that they sign and present a proclamation for Motorcycle Safety& Awareness at a City Council or County Commissioner meeting. Riders also contact local newspapers to request media coverage showing their Mayor or County Commissioner supporting motorcycle safety&awareness in their community. This news article is intended to reach drivers throughout the community and increase awareness for motorcycles. SNARE - Share the Road Signs Throughout the year, riders across Texas attend City Council or County Commissioner meetings to do a presentation requesting that the city or county install Share the Road signs. Riders feel that this greatly improves their safety on the road. They know that TXDOT does not support installation of these signs on state highways and they only request that these signs be installed within city limits or on county roads. As of(June 2011), there are approximately 234 signs approved and installed that we are officially aware of in cities across the State. More are added to this list each month. 4edShare the Road Decals In May of 2005, members of TCOC&I met with Andy Oberlander, Transportation Operations division of TXDOT -Dallas District. We discussed reasons why the diamond shaped Share the Road sign cannot be approved for placement on state highways. We then designed a new sign that he would submit to Austin for approval. This idea was rejected at the time, but later was approved as a decal to place on"watch for ice on bridge" signs. TXDOT had partnered with TMRA to get these decals installed across Texas. This is a prime example of why we ALL need to work together, because good ideas only come together with teamwork. Other Projects... Riders across the state have been contacting TXDOT&DPS to order the free materials so they can help distribute them. They request businesses to display posters and request that bumper stickers be placed on city vehicles. HOW MANY MOTOYCYCIWS HAVE YOU SEEN 10DAY? K AGAIN DPS MOTORCYCLE SAFETY UNIT 1-R00.292-5787 7 Wylie City Council CITY OF WYLIE q Minutes Wylie City Council Meeting Tuesday, June 14, 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. asking the City Secretary to take roll call. City Secretary Ehrlich took roll with the following Wylie City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilwoman Diane Culver, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; Planning Director, Renae' 011ie; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Mayor William Martin gave the invocation and former Mayor Jim Swartz led the Pledge of Allegiance. PRESENTATIONS • Presentation to WISD Superintendant, Dr. John Fuller Mayor Hogue read a proclamation designating June 30, 2011 as Dr. H. John Fuller Day in the City of Wylie. He asked the entire council to present the proclamation to Mr. Fuller. Mayor Hogue spoke about the WISD Superintendent's work during his tenure of 18 plus years as WISD School Superintendent, stating that through Dr. Fuller's leadership, the district has experienced great growth. Dr. Fuller has always led by example and been a huge influence to the district and students of WISD. The Mayor and the Wylie City Council expressed their gratitude to Dr. Fuller for his service to WISD and wished Dr. Fuller much success in all his new endeavors. Minutes June 14, 2011 Wylie City Council Page 1 • Presentation of 6th 6 Weeks Star Students— Citizenship Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of "Citizenship." Each six weeks one student from each WISD campus is chosen as the "star student." • Lightning Awareness Week June 19-25 Mayor Hogue read a proclamation denoting June 19-25, 2011 as Lightning Awareness Week in the City of Wylie. Captain Robert Ballard and Emergency Management Specialist Debbie Buccino were on hand to accept the proclamation and asked those present to be aware of signs of lightning. 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. Former City of Wylie Mayor Jim Swartz addressed council thanking them for their support of WASA and the fund raising taking place by the organization to raise money to convert the old Smith Library into a Senior Center. He invited the council and staff to the ribbon cutting of the new WASA office located at 108 S. Jackson on June 22nd at noon. Brenda Byboth and Austin Byboth addressed council asking council members and staff to a Team Wylie Be A Match Event on June 18, 2011 at First Baptist Church patio area to meet with Baylor to add donors to the marrow transplant registry list. Mrs. Byboth explained this is in honor of "Jack" who attends the First Baptist Church. She asked all present to participate in the volunteer donor event. 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 May 24, 2011 Regular Meeting of the Wylie City Council and the Minutes of the May 31st Special Joint Work Session. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Preliminary Plat creating 63 single family residential lots on 45.192 acres for the Estates of Creekside Addition. Subject property generally located south of Parker Road and approximately V2 mile west of Country Club Road. (R. 011ie, Planning Director) C. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver, L.L.P for Fiscal Year 2010-2011 audit services for a fee not to exceed $55,000. (L. Bantz, Finance Director) Minutes June 14, 2011 Wylie City Council Page 2 D. Consider, and act upon, authorizing the extension of our current bank depository contract from an ending date of September 30, 2011 to March 31, 2012 with JP Morgan/Chase Bank and American National Bank. (L. Bantz, Finance Director) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, appointment of the Mayor Pro Tem for a one year term beginning May 2011 and ending May 2012. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to appoint Councilman Bennie Jones as Mayor Pro Tem for a one year term beginning May 2011 and ending May 2012. A vote was taken and the motion failed 3-4 with Councilwoman Culver, Councilman Jones and Councilman Goss voting for and Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards and Councilman White voting against. Mayor Hogue asked for further discussion or a motion. A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to appoint Councilman Red Byboth as Mayor Pro Tem for a one year term beginning May 2011 and ending May 2012. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, the recommendations of the 2011 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30, 2011. (C. Ehrlich, City Secretary) Executive Summary The City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWylie, all municipal facilities and current board and commission members. Staff also utilized the City's Website by offering application submittal on-line. An interview panel, consisting of three council members, was used to conduct interviews of all applicants. Council members appointed by the City Council for 2011 were: Councilman Bennie Jones, Chair; Councilwoman Diane Culver, and Councilman David Goss. Mayor Pro Tem Red Byboth was chosen as Minutes June 14, 2011 Wylie City Council Page 3 the alternate. The Panel met with applicants on Tuesday May 25th, Wednesday May 26th, and Wednesday, June 1' 2011 to conduct interviews and deliberate their choice to recommend to the full council. The 2011 Boards and Commission Council Interview Panel have attached to the agenda packet their recommendations for Council consideration and action. Due to the low number of new applicants applying in 2011, applicants not appointed during this process will be contacted to ask if they would be willing to serve on any board in the event there is an opening. Vacancy appointments will come before council as they occur. Citizen Comments Jerri Smith residing at 106 N. Carriage House Way, Wylie (President of Friends of the Library) addressed council about volunteerism and in favor of recommending Ramona Kopchenko, Ruthie Wright and David Dahl be re-appointed to the Planning and Zoning Commission and Rhonda Logsdon be considered for the Library Board. Mrs. Smith asked for council consideration. Council Discussion Mayor Hogue asked Councilman Jones, chair of the interview panel to report on the recommendations. Mr. Jones stated that there were many qualified candidates willing to serve the community. One concern was the number of persons interviewed that had not voted in the last election. (50%) Mayor Hogue asked Councilman Jones to go through the recommendations one board at a time so council could take individual action for each board. Animal Advisory Board Councilman Jones called out the Animal Advisory Board stating that Sheila Patton is the qualified applicant for the "Duties of Daily Operations of an Animal Shelter". He explained Diane Culver had requested to serve as the "council member" for the board. Mayor Hogue asked for comments from the council and/or panel. No members responded. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to appoint Shelia Patton and Diane Culver to the Animal Advisory Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Construction Code Board Councilman Jones called out the Construction Code Board stating that the panel was recommending moving Billy McClendon from alternate to full board member and appointing Terry Benjamin as the alternate to fill the alternate position. Also recommended for re-appointment are Bryan Rogers, Brian Huddleston, and Zachary Herrera. Mayor Hogue asked the council if they had any discussion regarding these recommendations. No council members responded. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to appoint Terry Benjamin as an Alternate and reappoint Bryan Rogers, Brian Huddleston, Zachary Herrera, and Billy McClendon to the Construction Code Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Library Board Councilman Jones called out the Library Board stating that the panel was recommending Mindy Ayers and Shirley Burnett be re-appointed and vacancies left by Lucy Shriver May and Brett Bim be replaced with Candiece Arrington and Gregg Wooding. Mayor Hogue asked the council and panel members if they had any comments regarding these recommendations. Mayor Hogue stated that he was very impressed with Mr. Wooding during his interview, regarding his career as a book agent for authors. Minutes June 14, 2011 Wylie City Council Page 4 Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to reappoint Mindy Ayers and Shirley Burnett and appoint Candiece Arrington and Gregg Wooding to the Library Advisory Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Public Arts Advisory Board Councilman Jones called out the Public Arts Advisory Board stating that the panel had spoken to board liaison Carole Ehrlich who was very interested in finding applicants that were very interested in the arts. Mr. Jones reported that the three applicants recommended for appointment, Mr. James Lenox and Mrs. Susan Spurgin and the recommendation for the re-appointment of Thomas Gaudreau were very good recommendations for this board. Councilwoman Culver concurred. Council Action A motion was made by Councilman White, seconded by Councilman Jones to appoint James Lenox and Susan Spurgin and reappoint Thomas Gaudreau to the Public Art Advisory Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Wylie Economic Development Corporation Board Councilman Jones called out the Wylie Economic Development Corporation stating that the one re-appointment of Todd Wintters was being recommended for the board as he fit all the required qualifications to serve on the board. Mayor Hogue asked the panel members and council members if they had any comments. Councilwoman Culver stated that there were specific qualifiers to serve on this board and Mr. Wintters was the only candidate that had those qualifications. Councilman Goss concurred and stated that there was some discussion which Mrs. Smith mentioned regarding the tape; "I hope that everyone on the dais had an opportunity to listen to the deliberation tape because there was some battling over the candidates that were chosen. In the end the panel wanted to choose the most qualified to serve on these boards and I believe we chose those candidates." Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tem Byboth to reappoint Todd Wintters to the Wylie Economic Development Corporation Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Zoning Board of Adjustment Councilman Jones called out the Zoning Board of Adjustment. He explained that this board required certain qualifications in that it was a final decision making entity on all ruling they make. He stated that the current members, wishing re-appointment, Bryan Rogers and Linda Jourdan were qualified members and the panel was recommending reappointment of these members. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to reappoint Bryan Rogers and Linda Jourdan to the Zoning Board of Adjustments for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Parks and Recreation Board Councilman Jones called out the Parks and Recreation Board stating that the panel disagreed on these recommendations. After discussion, Councilman Goss and Councilwoman Culver wished to see Jeff Harris replace Jim Ward. Councilman Jones stated that he was not in favor of making this change as he felt this board was currently working on some vital issues with regard to the Parks Trails Master Plan and Founders/Community Parks and to bring someone "green" in would be disheartening because these current members have already started the process and need to see it through. "I feel Jim Ward, Brandi Lafleur and Dan Chesnut need to be reappointed." Councilwoman Culver stated she felt that new applicants should have some opportunity to serve and if you don't add new applicants you don't get new ideas. "Mr. Harris spoke before council on several occasions regarding Community Park and was neutral with regard to the leagues. I think this gives him a unique prospective in Minutes June 14, 2011 Wylie City Council Page 5 cooperation between the sport leagues." Councilman Jones stated that Council members Culver and Goss recommended taking the newest current member not the oldest off the board and he didn't understand why this member was chosen for replacement. Councilman Goss stated he felt Mr. Harris fit the position best. Council Action A motion was made by Councilman Jones seconded by Councilman White to reappoint Dan Chesnut, Brandi Lefleur and Jim Ward to the Parks and Recreation Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman White and Councilman Jones voting for and Councilwoman Culver and Councilman Goss voting against. Parks and Recreation 4B Board Councilman Jones called out the Parks & Recreation 4B Board stating that up for reappointment are Shirley Burnett, Dan Chesnut, Anne Hiney and Kathy Spillyards. All current members wished reappointment with the exception of Shirley Burnett. Mr. Jones stated that the panel felt the replacement for Shirley Burnett needed to be chosen from the Parks and Recreation Board. Cristine Price was chosen to replace Shirley Burnett. He explained that Councilman Goss wished to serve on this board and Councilman Jones agreed to be removed from the board in order for Councilman Goss to serve. Council Action A motion was made by Councilman Jones, seconded by Mayor Pro Tem Byboth to reappoint Dan Chesnut, Anne Hiney, and Kathy Spillyards and appoint Cristine Price and David Goss (replacing Bennie Jones) to the Parks and Recreation 4B Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Planning and Zoning Commission Councilman Jones called out the Planning and Zoning Commission. He stated that there were three members up for reappointment, Ruthie Wright, Ramona Kopchenko and David Dahl all wishing to be reappointed. He stated that he was recommending all three members be reappointed. He explained that in this particular discussion one of the panel members was taking the discussion personal which he did not agree with. Councilman Jones explained that his recommendation was to leave all three members up for reappointment on the board however Councilman Goss and Councilwoman Culver wished to remove Ramona Kopchenko and replace her with Matthew Kirk. Councilwoman Culver explained that Mr. Kirk was a marine and had been stationed in Afghanistan for two tours. "I feel when you have a person in service like that and wishing to serve their community you should find a place for them to serve." Councilman Goss stated that he disagreed with Councilman Jones stating that there were no personal issues in the decisions made. He believed the panel was "upgrading" the commission with the recommendations that are being made. Councilman White stated that he had spoken to several of the Commission members and stated that they agreed that although they didn't always agree with board member Kopchenko, they felt she was extremely valuable to the commission. He stated that he felt she should be left on the Planning and Zoning Commission. Mr. Kirk was in the audience and addressed council stating that he was currently in the U.S. Marine Corp. Reserves and was employed by Grantham and Associates and manages the survey department of which he is a certified land surveyor. Council Motion A motion was made by Mayor Pro Tem Byboth to reappoint David Dahl and Ramona Kopchenko and appoint Matthew Kirk to the Planning and Zoning Commission. The motion died for lack of a second. Minutes June 14, 2011 Wylie City Council Page 6 Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to reappoint Ruthie Wright and David Dahl and to appoint Matthew Kirk to the Planning and Zoning Commission. A vote was taken and the motion failed 2-5 with Councilman Goss and Councilwoman Culver voting for and Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman White and Councilman Jones voting against. Mayor Hogue asked for further discussion or motion to appoint. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to reappoint Ruthie Wright, Ramona Kopchenko and David Dahl to the Planning and Zoning Commission for a two year term beginning July 1, 2011. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman White and Councilman Jones voting for and Councilwoman Culver and Councilman Goss voting against. City Manager and City Secretary Ehrlich noted that three members on the list of current members but not included in those considered for appointment tonight were omitted from the list and would be corrected. Kelly Price (replaced Jeff Ellis), Matt Rose (replaced Eddie Rogers) and Gerri Washington (replaced Courtney Gober). 3. Consider, and act upon, Resolution No. 2011- 19(R) authorizing the City Manager to execute a construction contract in the amount of $1,995,277 to JC Commercial, Inc. for the construction of the 2011 Community Park Improvements Project contingent upon City Attorney approval of the contract, insurance, and bond documents. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that on May 23, 2011 the Park and Recreation Board reviewed the bid tabulation and discussed various options and add alternate items that may be awarded as part of the construction contract. The Board made a recommendation to City Council, and that recommendation was discussed at a joint Park and Recreation Board/City Council Work Session on May 31, 2011. Based on the consensus achieved at the May 31st meeting, improvements in the base bid of$1,367,777 include but are not limited to the following items: • Demolition of the existing baseball field fourplex and existing concession stand/restroom, • Complete an eight-foot wide concrete trail approximately eight-tenths of a mile in length, • Complete finish out of Rowell, Eldridge, and Tibbals fields with sod and irrigation, • Cooper field re-grading, fencing and drainage, • New fencing for all fields, • New concrete plaza area, and • All underground water, sewer, and storm water infrastructure. Add alternate items agreed upon in the amount up to $627,500 include: • Concession stand/restroom facility with a cap not to exceed $300,000, • Cooper Field irrigation and sod - $32,000, • Plaza and Infield Lighting Package - $51,000, • Outfield Lighting Package- $39,000, Minutes June 14, 2011 Wylie City Council Page 7 • Light pole relocation - $5,500, and • Parking variation for$200,000 (112— 115 spaces with landscape and irrigation for islands and pavement markings). At the joint Work Session, the following recommendations for project funding were presented: • 2005 bond funds for Community Park ($1,495,000 less engineering design), • Collin County Parks and Open Space grant awarded in the amount of$267,500, • Utilization of any remaining funds from the Founders Park bond project (currently estimated at $250,000), • Using approximately$365,000 from the Utility Fund to pay for water, sewer, and storm water infrastructure related to the park improvements, and • Proceeds from a loan in the approximate amount of$440,500 to finance the acquisition of the athletic lights for the baseball fields. Council Action A motion was made by Mayor Pro Tem Byboth seconded by Councilman Goss to authorize the City Manager to execute a construction contract in the amount of $1,995,277 to JC Commercial, Inc. for the construction of the 2011 Community Park Improvements Project contingent upon City Attorney approval of the contract, insurance, and bond. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilwoman Culver, Councilman White and Councilman Goss voting for and Councilman Jones voting against. WORK SESSION • Preliminary Budget Discussion. (L. Bantz, Finance Director) City Manager Manson presented a preliminary budget review for FY 2011-2012. She explained assumptions affecting the budget included property tax estimates being flat for the coming year but sales tax projections estimated to be 4% higher in the next fiscal year. Home starts were estimated to be a around 200, same as last year and staffing included a full year of personnel for both the Recreation Center and Library with revenues from the Recreation Center partially offsetting the cost in the next fiscal year. Municipal Complex operating costs had also been included. Manson explained that estimated revenues for the next fiscal year were $22,819,041 with expenses, prior to staff budget meetings $24,196,112. She noted this amount would be reduced through review of staff requests and basic high priority requests for services versus wants. City Manager Manson explained that some of the fund balance could be used to offset expenses due to a healthy fund balance but noted the percentage required by policy would be held at 15% with a preference at 25%. She explained the projected tax rate to cover the bond repayment was scheduled to go to a high of $.92 but council had made the decision to remain constant at$.8989. • Council iPad Training and Review. (C. Ehrlich, City Secretary) Public Information Officer Craig Kelly, City Manager Mindy Manson and City Secretary Carole Ehrlich gave a short presentation regarding the implementation of the new iPads for agenda Minutes June 14, 2011 Wylie City Council Page 8 distribution to council. Council members were given the devices and went through a short training session regarding usage with Good Reader. Council will now receive agenda packets electronically. 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 9:25 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes June 14, 2011 Wylie City Council Page 9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 28, 2011 Item Number: A. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 20, 2011 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2011. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for May 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 June 20 2011 City Manager I II t.,�ra h Itl 21) II Page 1 of 1 rity 2010-2011 Investment Report May 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 $51,792,749.95 MMA 0.1100% Texpool 12/31/2006 NA 2 $15,003,452.93 MMA 0.0863% TexStar 3/15/2011 NA $66,796,202.88 Total Weighted Average Coupon: 0.10% Money Markets: $66,796,202.88 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $66,796,202.88 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 28 2011 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 20, 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 May 31, 2011. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 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 June 20 2011 City Manager I II t.,�r r h,°� 1) II Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT May 31,2011 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 66.67% ACCOUNT DESCRIPTION 2010-2011 2010-2011 2010-2011 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 16,489,668 392,755 15,148,291 91.87% A FRANCHISE FEES 2,260,000 250,062 1,009,385 44.66% B LICENSES AND PERMITS 287,030 60,611 375,438 130.80% C INTERGOVERNMENTAL REV. 602,992 71,326 434,151 72.00% SERVICE FEES 2,204,000 196,095 1,287,877 58.43% D FINES AND FORFEITURES 548,107 29,522 197,973 36.12% E INTEREST INCOME 30,000 1,233 13,783 45.94% F MISCELLANEOUS INCOME 322,646 53,902 286,147 88.69% OTHER FINANCING SOURCES 1,252,612 0 1,834,776 146.48% G REVENUES 23,997,055 1,055,506 20,587,821 85.79% USE OF FUND BALANCE 1,656,935 NA NA NA H TRANSFER FROM FLEET 742,500 TOTAL REVENUES 26,396,490 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 83,281 2,964 46,831 56.23% CITY MANAGER 780,333 86,663 498,845 63.93% CITY SECRETARY 241,365 25,523 152,151 63.04% CITY ATTORNEY 128,000 0 68,962 53.88% FINANCE 854,888 74,109 591,353 69.17% FACILITIES 286,800 11,374 118,262 41.24% MUNICIPAL COURT 318,850 26,801 190,827 59.85% HUMAN RESOURCES 194,693 22,111 130,126 66.84% PURCHASING 114,578 13,097 75,987 66.32% INFORMATION TECHNOLOGY 1,026,949 56,043 787,300 76.66% POLICE 5,338,970 528,476 3,391,971 63.53% FIRE 5,325,604 583,662 3,362,941 63.15% ANIMAL CONTROL 294,510 34,440 178,273 60.53% PLANNING 464,984 54,979 289,061 62.17% BUILDING INSPECTION 661,316 76,689 435,809 65.90% CODE ENFORCEMENT 190,686 12,146 106,714 55.96% STREETS 1,346,214 73,754 675,731 50.19% PARKS 1,624,723 128,974 861,225 53.01% RECREATION 207,350 972 3,893 1.88% J LIBRARY 1,217,952 180,864 827,552 67.95% COMBINED SERVICES 5,001,071 202,985 3,222,331 64.43% TOTAL EXPENDITURES 25,703,117 2,196,626 16,016,145 62.31% REVENUES OVER/(UNDER)EXPENDITURES 693,373 -1,141,120 4,571,676 23.48% A. Property Tax Collections for FY10-11 as of May 31 are 99.58%,in comparison to FY09-10 for the same time period 97.92%. 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 May 31,2011 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 66.67% ACCOUNT DESCRIPTION 2010-2011 2010-2011 2010-2011 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 9,714,000 901,254 5,571,643 57.36% INTEREST INCOME 30,000 951 13,581 45.27% MISCELLANEOUS INCOME 35,000 3,259 30,028 85.79% OTHER FINANCING SOURCES 1,500,000 0 1,843,175 122.88% K TOTAL REVENUES 11,279,000 905,464 7,458,427 66.13% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 334,430 23,893 215,034 64.30% UTILITIES-WATER 1,035,708 91,784 583,258 56.31% CITY ENGINEER 428,087 51,555 276,147 64.51% UTILITIES-SEWER 629,347 46,735 429,077 68.18% UTILITY BILLING 610,437 58,082 354,700 58.11% COMBINED SERVICES 9,808,495 473,708 6,133,819 62.54% TOTAL EXPENDITURES 12,846,504 745,757 7,992,035 62.21% REVENUES OVER/(UNDER)EXPENDITURES -1,567,504 159,707 -533,608 3.91% 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 WY I AGENDA REPORT Meeting Date: June 28, 2011 Item Number: C. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: June 9, 2011 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file the Annual City of Wylie Storm Water Management Plan approved by the Texas Commission on Environmental Quality. Recommendation A motion to accept, and place on file the Annual City of Wylie Storm Water Management Plan approved by the Texas Commission of Environmental Quality. Discussion In August 2010, the Public Works staff completed implementation of goals identified in Year 3 of the City's Storm Water Management Plan (SWMP). Staff submitted an annual report to the Texas Commission on Environmental Quality (TCEQ) in November 2010 as required. The report contains information about the progress of implementation regarding the 33 Best Management Practices outlined in the SWMP. The TCEQ requires that an annual update be presented to elected officials and to the general public to satisfy criteria for public education and public participation which are specifically identified as key components of the legislation. This update fulfills that obligation. There are six Minimum Control Measures (MCM) that the City must address each year. Below are the major accomplishments for each MCM in Year 3: Public Education and Outreach Approximately 14,000 copies of storm water educational material were inserted into the water utility bills and mailed to residential and commercial customers. Also, Public Works Staff provided a storm water presentation to the 1st 2nd and 3rd graders at Hartman and Smith Elementary Schools. Public Involvement/Participation Staff recruited Boy Scouts from local Troop 442 to mark storm drain inlets in the following subdivisions: Quail Meadow, Newport Harbor and Birmingham Farms. Park Division staff and volunteers participated in two park cleanup events. The first event was held in the Twin Lakes and Sage Creek Subdivision where a total of 70 lbs. of trash and 30 lbs. of recyclables were collected. The second event was held in the Community Park area, and a total of 30 lbs. of trash and 20 lbs. of recyclables were collected. Both cleanup events were successful and had Page 1 of 1 Page 2 of 2 positive response from the public. Illicit Discharge Detection and Elimination On July 13, 2010 the Wylie City Council adopted an Illicit Discharge Prohibition/Elimination Ordinance Number 2010-09, the first of three required ordinances required under the legislation. During the year, the Water Quality Specialist inspected the storm sewer system and identified outfalls throughout the City. No illicit discharges were detected. Construction Site Storm Water Runoff Control Throughout the year, the Public Services Department worked with the Planning and Engineering Departments reviewing various site plans to guard against undesirable runoff Building Inspections and the Engineering Departments performed routine construction site inspections to ensure contractor compliance with runoff regulations (installation of silt fence, tracking mud on streets, concrete washout areas, etc.). The Water Quality Specialist filed all completed site inspection forms for TCEQ review. The construction site inspection check list is posted on the City website. Post Construction Storm Water Management The Engineering Department continues the existing review process of planned construction projects of at least one acre in size to verify compliance with long-term protective maintenance requirements for new and redeveloped areas to protect storm water quality. Pollution Prevention/Good Housekeeping for Municipal Operations Approximately fifty-four lane miles of street sweeping were conducted on a quarterly basis throughout the year. Also, the Fire Department follows its standard operating procedures regarding hazardous materials incidents. The Fire Department enters all hazardous materials events (spills) into the Texas Incident Reporting and the National Fire Incident Reporting Systems data bases. Approved By Initial Date Department Director MS June 9 2011 h City Manager Iry II .,�uw u ���h�':. 11 If CITY OF WYLIE City of Wylie Phase II (Small) MS4 Annual Report FY 2009-2010 r t 10 t our be-ret,ponsiblt-srewdrcis(lithe pub&mist, ,.trive thr excellenCe in public service, and ro CITY OF WYLIE enhance die qmiia'()ill*fin- IL Jaya Zyman-Ponebshek, Team Leader Texas Commission on Environmental Quality Storm Water and Pretreatment Team (MC-148) P.O. Box 13087 Austin, Texas 78711-3087 Re: Phase II MS4 Annual Report Transmittal for the City of Wylie TPDES Permit Number: TXR040075 Dear Ms. Zyman-Ponebshek: This letter serves to transmit the Year 3 Annual Report for the Texas Pollutant Discharge Elimination System (TPDES) Small Municipal Separate Storm Sewer System (MS4) General Permit, Authorization Number TXR040075 for the City of Wylie. A separate Notice of Change (NOC) has / has not been submitted based on the fact that changes have / have not been proposed for Year 4. As required by the general permit, a copy of this submittal has also been mailed to the TCEQ's regional office in Ft. Worth, Texas. Sincerely, 11 lilt 71 I I. ‘A 949 Fitt-181ex Lane, ‘Na,lie, Texas 75098 972-442-7588 Table oKContents Phase KU(5nouJUNU84 Annual Report Form.............. —... '...... ........ ........--.—...... '— ...... —'i A. General Information.......... —........... —.......... ...... ........ '—......................... __--'_—_i B. SWN1P Modifications and Additional Information........ .................. —........—............ ......... i C. Narrative Provisions..................................... ......---.......... —_— .......................— ...----....iv D. Storm Water N1mriugemun(Prngrom Status.... .................. ........ ..... ...........—........ ..........viii Table | — Year 3 — 8MP Status,........ .......... . ............. ................ —' ........ --''--.viii Table ] — Year 3 Measurable Goal StuUa--.......'—'-- ......... — ...... ....... ............... .........xiii E. Cudifiogk,n .... ...........— ............. ..........— ..............—............. ............. ............—..........xvi| y. 8krnn Water Munogcunon{ Plan —Annuu| Report Permit No.: STW / TXR040075 / RP Phase II (Small) MS4 Annual Report Form TPDES General Permit No. TXR040000 A. General Information Permit No. TXR040075 Annual Report Period:August 13, 2009—August 12, 2010 Name of MS4/Permittee; Telephone Number: City Of Wylie (972) 442-7588 Contact Name:Albert Garza Mailing Address: 949 Hensley Lane, Wylie, Texas 75098 E-Mail Address:Albertgarza@wylietexasgov 2 Is the name permittee relying on another entity/ies to satisfy some of its permit obligation? Yes No X If yes,provide the name(s) of other entity/ies and explanation of their responsibilities(add more spaces or pages if needed): Name and Explanation; Name and Explanation; Name and Explanation; Name and Explanation; Name and Explanation; 3 Is the named permittee sharing a SWMP with other entities? Yes NO X If"yes,"list all associated permit numbers and permittee names(add additional spaces or pages if needed): Permit Number: Permit Number Permit Number Permit Number Permit Number Permit Number Permit Number Permit Number 4 Is this a system-wide annual report including information for all permittees? Yes No X Explanation, if any: 5 Has a copy of this annual report been submitted to the TCEQ Regional Office? Yesj No X B. SWMP Modifications and Additional Information. Include a brief explanation if you check"yes" to any of the following statements. 1 a. Changes have been made or are proposed to the SWMP since the NOI of last annual report, including changes in Yes No response to TCEQ's review? X b. If yes to the above, has the TCEQ already approved the original SWMP? Yes No --- c. If yes to the above, indicate whether an NOC(or letter) has been submitted to document the changes to the Yes No approved SWMP as required by the general permit. (Note that if an NOC is required, it must be submitted to the address shown on the NOC. Do not attach the original NOC form to this report.) 2 _ The as annexed lands since obtaining permit coverage, 3 ngwatenbody |snevv|y|iahedaoimpainedofaTK8nLhasbeeneotob|imhud. - ------ ��-- ------ ------ -- ----' — -� __�___J 4 has conducted analytical monitoring of storm water quality. oubn*a/ongvwthanynnnnbohngdatausedtoeva|uatethenuncesmcf extent practicable. Bp sure ho include a discussion of results. _ ______ C. Narrative Provisions. 1 Provide information on the status of complying with permit conditions: Yes I�c approved by the TCEO.Permittee is currently in compliance with -- -- /ng and reporting requirements. - - -- - requirements ur the permit(e.g.. TK8DL requirements, Edwards Aquifer m/tauons, compliance history, etc,) 2. Provide a general assessment of the appropriateness of the selected BMpo: the permittee determined that any of the selected BK8Po are not appropriate for reducing the dipc-harg-- - the storm water? believes that all the BK8Ps used in its SVVK0P are appropriate and discharged pollutants. 3, Describe progress towards reducing the discharge of pollutants to the maximum extent practicable (MEP). Summarize any information used (such os monitoring data)to evaluate reductions in the discharge nf pollutants. Use a narrative description or table anappropriate: Dome BM ------- -- -- -- ---- MCM BMP Parameter Units 0uanht monstrate a Direct Reduction in Pollutants? (Yes/No/ Explain) Or, provide explanation below: The City of Wylie is striving to reduce the discharge of pollutants to the maximum extent practicable through implementation of BMP contained in our SWMP. No water quality information is available at this time to demonstrate a direct reduction in pollutants. 4. Provide a general evaluation of the program's progress, including any obstacles or challenges encountered in implementing BMPs, meeting the program's schedule, etc.: Provide the number of construction activities (other than those where the permittee was the operator) that occurred within the regulated area as indicated via notices of intent or site notices: 10- NOI's and 5 - Site Notices G, Does the permittee utilize the 7 MCM related to construction? Yes NO If yes, then provide the following information: a. The number of municipal construction activities authorized under this permit: — ao,em d|s'tu,bedfwrmmunimipa| cm—at,uctions projects-:Though the 7 MCM is optional, this must be requested on the NOI or on a NOC and approved by the TCEQ.____' ---�-- --- 7, Requirements for Specific Minimum Control Measures (W4C[N): �-a. c­a-tion and Outreach, provide documentation of activities conducted and material usecito fulfill the--re—quireme.n tso,this K8CIVI. / b. v---- uumnntation of the amount of resources used tu address each —r"upie"�. v*�o"ro—�umi"��s � - , ' ! |— - ---- --' c. Fur �&0 Illicit Kx e|opena list -ofallowable non-storm water discharges, other � than those already listed |n the permit. |f you have developed u list and have made any changes tn the local controls, condiUonsand/or programs being � � established for discharges, include this information below. |f you go not have any changes for this permit ypa,. indicate that applicable.this item |o not � � 8- Describe any proposed changes to the SWMP in the coming reporting year. 9 Describe any activities planned for the next permit year/ reporting cycle. D. Storm Water Management Program Status. Provide the status of every BMP and measurable goal listed in the SWMP, as described in the instructions. Each MCM, but not necessarily each BMP, must include the measurable goals described in the SWMP. For a shared GVVMP include the name of the responsible MS4upmraVor(o) in the ^BK8P^ column. (Though an MS4 is not required to implement BMPs until the initial SWMP is approved by the TCEQ, the8xS4'x initial annual report should include a description of what has been done Ax date, even if the 8NVMP has not yet been approved. The &Y34 will receive credit for all BMPo implemented pfiprtnand during the fiotpermit year if they are described in the initial annual uepoct) Table 1 — BMP Status i McM(s)BMpm aMp Milestones o'Permit y w��»' ot,ms/oomp/wupnDate �__ __ _ Year Start Date (r��p/mmu^ |npmQ,��. not vmnau) | 14.ODO copies nf storm water educational material were PE-1 Utility Bill Insert inserted into the water utility bills and mailed to noxidonha| None 5 Completed � Educational Flyer and oommen�a|cuutonem 15 1O� ^- ~- � � ' PE-2 � Web ` Pub|�VY»�on� in serted st orm . � � � None the Chymebmine. .wmnw^*yhet pas,5ov ` 2'�'200g | Completed . Educational information was displayed at the following � locations: Public �mm��Cer�� � � . . . PE-3 Public Reference � and VVy� Independence Schoo D t Administration' mono 5'11'10 Completed Building. � | Recruited the Boy Scouts from troop 442Vo mark storm PE-4 S0unn Drain Marking � drain inlets in the following subdivisions: Quail Meodm», None O 7 1O Completed � mmwpo� Harbor and Birmingham Fannn � ' omp � ---- --�----- �-Public VWorks -Staff gave o storm water presentation 1othe ' ' --� -- ---- ----- � * � � � � 1 . � on�� graders s¢ Hartman and Smith Elementary ' � Classroom Education (See Attachment Flyer-"Take a Dip" .^ Prevent Storm None 4-23'10 Completed 'vVa�rP�|udnn^and "Know VVherad Goes" 8onkma� 4�1'1Ou � � ' Water Quality Specialist gave the Public Works Department � Genmna| EduoahwnofCh � y / aps»�ahonon the C��» G�mn VVo�rManagement Plan, � PE-6 Employees � and two educational videos were watch on Storm Water None 7'10'10 Completed Management and Preventing Storm Water Pollution.Storm water-in,formation is also posted on the City website. � City staff presented the City Council the current progress Education of Elected and effort being made by the City personnel that would PE-7 Officials and the Public count toward compliance on the Phase II MS-4 permit None 3-23-10 Completed requirement. PE-8 Business, Commercial Storm water educational material were inserted into the None 5-15-10 Com I and Industrial Education water utility bills and mailed to commercial customers. p eted PE 9 Developer/Builder/Engine The City Engineer provides educational information on None 8 12 10 Completed er Education and Training erosion control and resources to the contractors, developers and builders during preconstruction meeting. Engineering and Building Inspectors have attended the PE 10 CityInspector TrainingStorm Water Pollution Prevention during Construction class, p which is offered through North Central Texas Council of None 8 23 10 Completed Government Regional Training Center in Arlington, Texas. The Public Works Secretary has been receiving all storm PI-11 Storm Water Reporting water related calls and routing them to the Water Quality None 8-12-09 Completed Line Specialist who investigate the issue and responds to caller. Calls are logged into Asist Data base for future reference. The City of Wylie currently provides brush and bulk PI-12 Bulk Waste Cleanup collection service to the Citizens of Wylie and illegal dump None 5-12-10 Completed sites are monitor by camera surveillance. Parks staff and volunteers participated in two park cleanup events. The first event was held in the Twin Lakes and Sage Creek Subdivision, a total of 70 lbs, of trash and 30 PI 13 Park Cleanup lbs. of recyclable were collected, The second event was None 4-12-10 Completed held in Community Park area and a total of 30 trash pickup 5-25-10 and 20 lbs. of recyclables were collected. Both cleanup events were successful and had positive response from the public. Illicit Discharge On July 13, 2010 the City of Wylie Council adopted an Illicit ID-14 Prohibition/Elimination Discharge Prohibition/Elimination Ordinance Number 2010- None 7-13-10 Completed Ordinance 09, '----- -- --- r ---- -- -- --- -- — — '---------- . Public Works and the Planning Developing Department |D'15 Storm Sewer System Map have been working together on developing the storm sewer None 8_13_09 � | p oy�ommap, at thinhmenin�Ype�erUof�onnsnwer � � n mgm»« system map iaoomp|pVad� The Water Quality Specialist isin process cf inspecting the � ]D^1O � Illicit Discharge i �»»nsewer»ys�mand �end�ingthe nu�a|�#hmughou � Inspections � the City. Any moin�nance�a in needed in�e �onn None � 8'13�B � Completed � .' sewer oyx�morou�a|n has been conduc�dand � ' � documented by Street Division. � The Wastewater Division is the responsible party for � Sanitary Sewer Line conducting inspection and maintenance cf the sanitary |D`17 Maintenance and sewer system, also all documentation of inspections and None 8'13'09 Completed Inspection maintenance nf the sanitary sewer system inbeing maintained uyWastewater uw/xm" � Erosion Control Ordinance � -- � -- --------- ---m -- � TheCity»taffhooe«o|uaVed�heesionoon�m| nrdinunna CS18 andRnquiremnntnfur Construction Site � and its requirements for cons\m��iunsite onntra�omand iu None � 8'13'09 � In Progress ) in the pmceonnf being drafted. Contractors | � ---- ---------- — � The Public Services Department worked together with � ! CS'19 Site Plan Review Planning and Engineering Departments on reviewing site None 813'09 Completed � 1plans. / ' ------ i ----- -- ^ | ' The Building Inspection and the Engineering Departments � � Construction Site � are currently performing construction site inspections. The � CS-20 Inspection and Water Quality Specialist will keep all inspection forms filed� Enforcement that were P*�onnodby the Building Inspection and None 8'13'O9 � Completed � Engineering Departments, The construction site inspection � check list io post on the City webohe. � CS_21 � Receipt and Consideration All $onnwooer related calls are being entered into the Asia1 of|»hznnahnn�pmP Wi � D�a �mnefnrfu�uem�mnma None � 8'13'09 In Progress � | � Post-Construction Storm � The City'x staff has reviewed and is currently revising Pont- pC-22 � Construction Storm Water Ordinance and is in the pmnenn None ' D 13'O9 � |n p � Water Ordinance � ` - mgmon � � nf being drafted. � The Engineering Department will continue with the existing review process of planned construction projects at least one PC 23 Engineering Design acre in size to verify compliance with long-term protective None 8-13-09 Completed Review maintenance requirements for new and redeveloped areas to protect storm water quality. (See Attachment-Site Plan Review Projects). PC 24 Land Use Plan Sixthr proposed zoning changes were made in permit year None 8-13-09 Completed Below are the existing licensed personnel in the City of Wylie: GH-25 Chemical Managemlentions Kevin England, Buddy McGuire, Stephen Weaver, None 8-13-09 Completed g Archie Whitt, Dennis Sewell, Ron Thompson, Ricardo Govea, and Jimmy England. Storm Sewer System The Street Division Crew performs and schedules all GH-26 Maintenance maintenance conducted on the Storm Sewer System and None 8-13-07 Completed the Water Quality Specialist enters documentation into the Asist data base. Approximately Fifty-four miles of street sweeping area was GH-27 Street Sweeping maintained by Mr. Dirt of Texas every quarter, areas have None 8-13-07 Completed been separated into two different routes. GH 28 Safe Material Storage An earth berm perimeter was constructed around stock pile g material to help control erosion and sedimentation. None 8-13-08 Completed The Street Division will be the responsible party for GH-29 Structural Control conducting inspection and maintenance of City structures 8-13-09 Completed Maintenance controls, Staff is currently in the process of identifying City None and private structure controls throughout the City. The City of Wylie Fire Department will continue t following its standard operating procedures on hazardous material GH 30 Response incidents. The Fire Department uses electronic recording Spillp keeping of all hazardous material activities on the Texas None 8-13-09 completed Incident Reporting and the National Fire Incident Reporting Systems data base. Each municipal operation that was identified in year one to GH-31 Employee Traininghave potential impact on storm water, will continue to implement and document their existing training programs for None 8-13-08 completed their employees. Disposal of Collected GH-32 Storm Sewer System Continue methods of handling and disposal of storm water None 8-13-07 completed Waste materials as outlined in year one actions, The Water Quality Specialist,with the aid of the City's GH-33 Municipal Operations and consultant, conducted site visits and performed a storm None 8-13-08 completed Industrial Activity water audit of the municipal facilities and operations that have the potential to impact storm water quality. Table 2 — Measurable Goals Status 88CyN(s) hAeamunab|wGoa|(s) Success Proposed Changes F -----------�-- -------- _________ � _ (submit NO� as needed) / PE-1 Utility Bill Insert/ � Distribute information bill insert Met Goal � � - --- �r-- -- -- � PE-2 V�e�Shm Develop storm � content and � ' � references for additional information ' Met Goal � � Anguire, develop and provide copies of educational materials at the Public Library and other PE-8 Public Reference public access locations, such osCity Hall, as appropriate, Met Goal PE-4 Storm GtonnDrain Marking � Boy Scout Tmnp442ma�od177 �onndn�nsin��. � � � Met Goal | � � Provide storm water education curriculum and material on determined by coordination | PE-5 Classroom Education meetings with the School District in Year 1 1 � . Met Goal � PE-6 General Education = City Conduct employee | Met Goal | Employees � ^ -- � Education of Elected Pmvidenwap��wnfPhan* 11kS4 p» nh requi rements and annual updates of implementation ' PE-7 Officials and the Public progress. � Met Goal Conduct_aminimum of public meeting per year ' � PE-8Industrial Business, Commercial andDistribute educational information to local businesses o minimum of one time by the method(s) | Met Goal . Education-- � d�enninedin Year 1. So|i�t�udback once per year and mvioepmgnam �appmphaVe � , ' � Provide educational material and/or training opportunity at least once per year for builders, ' � Developer/Builder/Engineer � developers, ��' ondonQineers1h are mc� Wyl ie. ! PE-9 � Education and Training | Develop an inhznnwUnn packet specific to storm water protection measures for developers, � Met Goal builders, and engineers to bedistributed upon requestand for new construction projects. � � Provide appropriate construction site erosion control training toinspection personnel at least � PE-18 City Inspector Training once every three years. Provide appropriate training for new inspectors prior tzthem Met Goal � 1 conducting unassisted site inspections, / _ Require COG training for site inspectors, - — -- --'--- -- | / . � � Storm Water Reporting � Establish the storm water reporting line and educate the public about its availability through � �---- | p|-11 Line ' va�ouoPublic EUucohonBmPn. Dncumem each coUand dispa�hkzappmphatodepa�mem � Met Goal for proper response, onnecessary -- -------- | � -- ------ - � - -- -- i-- ---- - � p| 12 � Bulk Waste Cleanup � The City ofVVY|imcur»anVYPm«id»obmoh and bulk collection nemiceto the CihzensufyyyUe � � � and illegal dump sites are monitor by camera surveillance, Met Goal � � �� �-- ------- --|--- - --------- - --. - Develop program to identify number of actual Park C PI-13 Park Cleanup potential Park Cleanup locations. Two park cleanup events were held in year three. Met Goal ID-14 Illicit Discharge Prohibition/ On July 13, 2010 the City of Wylie Council adopted an Illicit Discharge Prohibition/Elimination Elimination Ordinance Ordinance Number 2010-09. Met Goal ID-15 Storm Sewer System Map Still in process of identifying regulated storm water outfalls in the City and identifying the Met Goal names and locations of any waters of the U,S. receiving discharges from the MS4. � Train personnel in illicit discharge detection procedures, Begin conducting illicit discharge � |D'16 Inspections inxPendon«fortheCit�nmgu|ak� nu�aUo. E�abHshpmoedum0oe|iminatad��ec�diU�� , --~- ! discharges. Identify budget requirements for illicit discharge inspections. ( Met Goal Sanitary Sewer Line Conduct � Maintenance and �oanhorynewerinspe��ns� Met Goal Inspection Erosion Control Ordinmnce-�-----'-- - - ----- �- - -- CS_18 and Requirements for The City staff has evaluated the erosion control ordinance and its requirements for � Construction Site construction site contractors and inin the process of being drafted. Met Goal �-- --- Contractors ------- __ | CS-18 Site Plan Review � Reviewed five site plans in the third year of the Phase UMS4 reporting period. � Met Goal � Construction Site Revise site inspection pmoedures, if necessary, to include documented inspection of erosion � Cx-20 Inspection and control measures. Educate the public about new site inspection pmceduen� � Met Goal Enforcement � � Implement procedures to receive and consider public comments. Document comments � CS_21 � Receipt and Consideration / received and consideration made for each set of comments, Educate the public about the � of Information from Public mechanisms needed�o make comments or submittals, Met Goal | � � � Review the City's existing ordinance to identify if additional language is necessary to meet the Phase II MS4 post-construction requirements to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre of Post-Construction Storm land, including projects less than one acre that are part of a larger common plan of PC-22 Water Ordinance development or sale that will result in disturbance of one or more acres, that discharge into the Met Goal City's MS4. Identify budget requirements to revise and update the ordinance to meet the permit conditions. Engineering Design Continue existing design review process of all planned construction projects at least one acre �._.._ PC-23 Review in size to verify compliance with the long-term protective maintenance requirements for new Met Goal and redeveloped areas to protect storm water quality Continue the existing process of assessing proposed zoning changes in relation to the City's PC-24 Land Use Plan existing land use plan. Six proposed zoning changes were made in the third year of the Phase II MS4 reporting period. Met Goal Chemical Applications Continue implementation of Wylie's existing chemical management program. Evaluate GH-25 Management appropriateness of program every two years. Provide and document refresher training for Met Goal chemical applicators at least every three years Storm Sewer System Implement the inspection schedule. Perform maintenance as necessary. Clean system as GH-26 Maintenance needed in response to complaints or reported problems. Met Goal Continue existing street sweeping program and begin implementation of any needed GH-27 Street Sweeping adjustments identified in the evaluation. Met Goal Continue protective practices of existing material storage for road materials stockpiles, and .__._r begin implementation of any identified improvements, if necessary. Evaluate effectiveness of GH-28 Safe Material Storage practices each year, document results of evaluation, and identify recommendations for improvements, if necessary. Develop material management procedures for the identified Met Goal municipal activities and the municipal facilities that store raw materials. Structural Control The Street Division will maintenance twenty-two structural control areas throughout the City GH-29 Maintenance annually. Met Goal Continue implementation of existing spill response procedures and training through Wylie Fire GH-30 Spill Response Department. Met Goal Identify effort and method necessary to properly train affected employees. Develop budget GH-31 Employee Training requirements for employee training program. Met Goal Disposal of Collected Identify sources of waste requiring disposal as part of storm water management program activities GH-32 Storm Sewer System . Identify proper methods for handling and disposal of waste materials. Develop Met Goal Waste budget requirements for waste handling and disposal. GH-33 Municipal Operations and Conduct assessments of municipal operations and develop recommendations for BMPs. Met Goal Industrial Activity C. Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. \ \ 1 Name (printed): ' i V1/Viut Il(A) (SA* Title: 1 1( Signature: i 4 lifi ,i _ Date: 1 l [r7 ii b Name (printed): Title: Signature: Date: Name (printed): Title: Signature: Date: Name (printed): Title: Signature: Date: Name (printed): Title: Signature: Date: Add pages as needed: F. STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12,2010 CITY OF W Y L I E Utility Bill Insert/Educational Flyer BMP-1 BMP DESCRIPTION Measurable Goal Distribute educational material to residents via utility bill inserts. The Successfully inserts will include storm water education in general per the TCEQ general Implemented? permit guidelines. Various inserts will also include information specifically relating to fertilizer, herbicide, and pesticide usage, proper YES disposal of household hazardous waste and oils, and other educational and participatory opportunities. r NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Distribute educational information as a utility bill insert one time per year. • Document the amount of information distributed. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR AUGUST 13, 2009 - AUGUST 12, 2010 Web Site CITY OF W NI L.I IT', BMP-2 BILIP DESCRIPTION Measurable Goal Develop storm water-related content for the City's web site. The web site Successfully will include storm water education information. The web site will provide Implemented? specific information regarding the City's TPDES Phase II program, educational and participator) opportunities, and links to other local, state, YES and national storm water-related NA eb sites. NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Revise and update the storm water website as needed. • Solicit input and feedback from the public for storm water quality issues and opportunities in the City. • Maintain an accessible Vt ebsite. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 CITY OF W Y L I E Public Reference BMP-3 BMP DESCRIPTION Measurable Goal Provide educational material for reference at the Public Library, City Hall, Successfully and other appropriate public places. Materials to be provided will include Implemented? copies of educational materials used for other educational BMPs, access to Wylie's storm water website, information regarding Wylie's storm water C� YES program, and other miscellaneous storm water educational material as deemed appropriate. 1 NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Acquire, develop and provide copies of educational materials at the Public Library and other public access locations, such as City Hall,as appropriate. • Document the amount of information distributed. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12,2010 CITY OF WYLIE Storm Drain Marking BMP-4 ir BMP DESCRIPTION Measurable Goal Utilize volunteer effort to place storm drain markers on local storm drains Successfully in an effort to increase awareness and to prevent dumping into the storm Implemented? drain system. Solicit assistance from the public to place storm drain markers. Ni YES rNO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Recruit volunteers for the placement of storm drain markers. • Track the location of placed markers and use of volunteer effort. • Document the marked storm drain inlets. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT j I REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 t � ern.'n. or 1- W\'1_ I I Classroom Education B�-1P - 5 E ♦ i E k � BMP DESCRIPTION Measurable Goal Provide classroom education and curriculum materials to the School Successfully District. Materials and curriculum will be assessed and selected from Implemented? existing, readily available programs, and through discussions with the School District staff. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Provide storm water education curriculum and material as determined by coordination meetings with the School District in Year 1. • Document the amount of materials provide. PROPOSED CHANGES NONE .....E STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 CITY Y OF WYLIE #. j General Education of Cite Employees BMP - 6 BMP DESCRIPTION Measurable Goal City employees will receive storm water education on general storm eater Successfully protection topics. Employees with job responsibilities with potential storm Implemented? water impacts will receive additional job-specific training, as appropriate, for storm water protection. J YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Conduct employee education a minimum of once per year. • Document the number of educational meetings PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: TEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 CITY of WYLIE Education for Elected Officials and Public BMP- 7 BMP DESCRIPTION Measurable Goal ` City elected officials and the public will receive storm water education on Successfully general storm water topics, as well as an overview of the Phase II MS4 } Implemented? permit requirements. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Provide overview of Phase II MS4 permit requirements and annual updates of implementation progress. • Conduct a minimum of 1 public meeting per year. • Document the number of meetings per year. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 (_:1-ry0FW L Ei Business, Commercial and Industrial Education BMP - 8 BMP DESCRIPTION Measurable Goal Develop a partnership program for providing educational material to Successfully Wylie's businesses, including commercial and industrial facilities. Implemented? YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Distribute educational information to local businesses a minimum of one time b) the method(s) determined in Year I. • Solicit feedback once per year and re)ise program if appropriate. • Document the number of businesses receiving educational information PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 I E AUGUST 13, 2009 - AUGUST 12, 2010 Developer/Builder/Engineer Education and CITY OF f VL!L Training BMP- 9 BMP DESCRIPTION Measurable Goal Provide educational material to the development community and Successfully encourage training opportunities about methods to minimize the impact of Implemented? construction activity on storm water quality. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Provide educational material and/or training during at least once per year for builders. developers. and engineers that are active in Wylie. • Document the number of educational materials distributed. PROPOSED CHANGES NONE 4 STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: AUGUST 13, 2009 - AUGUST 12, 2010 YEAR 3 t . [ t I CITY OF \ Y l..I l-e City Inspector Training BMP - 10 BMP DESCRIPTION Measurable Goal Continue to train City construction site inspectors for erosion control Successfully protection. Implemented? AYES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Provide appropriate construction site erosion control training to inspection personnel at least once every three`ears. • Provide appropriate training for new inspectors prior to them conducting unassisted site inspections. • Require COG training for site inspectors. • Document the number of individuals trained. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT I � REPORTING PERIOD: AUGUST 13, 2009 - AUGUST 12, 2010 YEAR 3 4 E CiT (i \\_ Y _ F Storm Water Reporting Line BMP- 11 � I j BMP DESCRIPTION Measurable Goal Develop and advertise a storm water reporting line to solicit information Successfully related to illicit discharges and illegal dumping, complaints, and general Implemented? comments regarding Wytlie's storm water management program. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue to educate the public about the existence of the storm water reporting line through various Public Education BMPs. • Continue documenting each call, dispatching to appropriate department for proper response. • Conduct annual review of calls to identify trends (i.e., repeated reports of illegal dumping in certain areas of the City), general needs for reporting line improvement, and areas requiring additional educational or enforcement effort to protect storm water quality • Document the number of calls received. PROPOSED CHANGES NONE f k STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 -AUGUST 12,2010 CITY OF WYLIE Bulk Waste Cleanup BMP- 12 BMP DESCRIPTION Measurable Goal Continue Wylie's existing volunteer trash cleanup program to reduce Successfully floatables and other debris that pollute the storm water system and Implemented? receiving waters. €;r YES 1— NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue existing trash cleanup activities. • Document the number of cleanup events taken place. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: AUGUST 13, 2009 - AUGUST 12, 2010 YEAR Park Cleanup C UFY O W 1=r[JIE: BNIP- 13 BMP DESCRIPTION Measurable Goal Successfully Continue Wylie's existing volunteer trash cleanup program to reduce floatables and other debris that pollute the storm Eater system and Implemented? receiving eaters. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Conduct cleaning once per year for selected parks. • Document the number of cleaning events. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: AUGUST 13,2009 - AUGUST 12, 2010 YEAR 3 CITY Illicit Discharge Prohibition/Elimination WY LIE F Ordinance BMP- 14 BMP DESCRIPTION Measurable Goal Ordinance that prohibits and requires elimination of non-storm water Successfully discharges that significantly contribute pollutants to the municipal storm Implemented? sewer system. f YES E NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue education-focused enforcement of new ordinance requirements. • Document instances of such enforcement and action taken to eliminate illicit discharge. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13,2009 -AUGUST 12, 2010 CITY OF WYLIE Storm Sewer System Map BMP- 15 BMP DESCRIPTION Measurable Goal Develop a storm sewer map in accordance with TCEQ requirements. Successfully Update the City's storm sewer system map as needed to record new Implemented? pipes/systems created by new development. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue development of a map of storm water outfalls drainage areas in the City. • Document the percent mapped. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 tt CITY (")F \ 'JV. Illicit Discharge Inspections BMP - 16 s � E k [ BMP DESCRIPTION Measurable Goal SuccessfullyI Conduct inspections of the storm sewer system to identify the presence and sources of illicit connections and illegal dumping activities, and other Implemented? unauthorized discharges that can adversely impact water quality. YES N NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Train personnel in illicit discharge detection procedures. • Continue conducting illicit discharge inspections for the City's regulated outfalls. • Document outfalls screened. observations made, and corrective actions taken. if any. PROPOSED CHANGES NONE } � I STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13,2009 - AUGUST 12,2010 CITY OF WYI,IE Sanitary Sewer Line Maintenance and Inspection BMP- 17 1 BMP DESCRIPTION Measurable Goal Conduct smoke testing of sanitary sewers in order to identify potential Successfully cross-connections with the City's storm sewer system. Implemented? r YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Conduct sanitary sewer inspections. • Document the number and location of lines inspected each year. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13,2009 - AUGUST 12, 2010 Erosion Control Ordinance and CITY OF WYL I E Requirements for Construction Site BMP- 18 Contractors BMP DESCRIPTION Measurable Goal Ordinance prohibiting the unauthorized discharge of polluted storm water Successfully to the MS4 from construction sites one acre or greater in size. Implemented? Construction site contractors are required to implement appropriate erosion and sediment control BMPs and to control waste, such as r YES discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste that may adversely affect storm water quality. r NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Issue final ordinance. • Conduct education activities to inform the public about the new ordinance requirements. • Begin education-focused enforcement of ordinance. • Document the number of education activities and instance of enforcement and action taken to eliminate unauthorized discharge. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13,2009 - AUGUST 12, 2010 CITY OF Wy L I E Site Plan Review BMP- 19 BMP DESCRIPTION Measurable Goal Procedure to review erosion control plans for construction projects that Successfully may discharge runoff to the storm sewer system. Implemented? YES r NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue to conduct plan reviews. • Document the number of site plans reviewed. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 CITY OF W YLIE Construction Site Inspection and Enforcement BMP-20 BMP DESCRIPTION Measurable Goal Procedures to conduct construction site inspections and maintain Successfully enforcement of control measures to protect storm water quality. Implemented? 1✓ YES r NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue to conduct erosion control site inspections. • Document inspections, instances of enforcement activity, and reason(s)for non-compliance. • Document corrective action taken to protect storm water quality. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 CITY OF W Y L I E Receipt and Consideration of Information from Public BMP-21 BMP DESCRIPTION Measurable Goal Develop and implement a program for the receipt and consideration of Successfully public comments regarding erosion control. Implemented? 1✓ YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue implementation of the procedures. • Document comments received and consideration made for each set of comments. • Educate the public about the mechanisms needed to make comments or submittals. • Document comments received and methods of educating public. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: AUGUST 13, 2009 -AUGUST 12, 2010 YEAR 3 CITY OF WYLIE Post-Construction Storm Water Ordinance BMP-22 BMP DESCRIPTION Measurable Goal Review and update the City's ordinance requirements to require adequate Successfully long-term maintenance and protection of storm water quality in new and Implemented? redeveloped areas. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Issue final ordianace( if revised ). • Conduct education activities to inform the public about the new ordinance requirements. • Begin education—enforcement of ordinance. • Document the number of education activties, instances of enforcement, and action taken to eliminate unauthorize discharges. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 CITY OF WYLIE Engineering Design Review BMP-23 BMP DESCRIPTION Measurable Goal Evaluate plans for adequate protection of storm water through the Successfully development of erosion control plans. Implemented? YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue existing design review process of all planned construction projects at least one acre in size to verify compliance with the long-term protective maintenance requirements for new and redeveloped areas to protect storm water quality. • Document the number of sites reviewed. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 CITY`r' (,)L{ ' 'L IE Land Use Plan BMP 24 BMP DESCRIPTION Measurable Goal Consider grater quality protection in the deg elopment or update of the I Successfully City's land use plan and in proposed variances to zoning. Implemented? YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue the existing process of assessing proposed zoning changes in relation to the City's existing land use plan. • Document the number of assessed zoning change proposals. s PROPOSED CHANGES 11 NONE � j STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 -CITY ()F WY LIFChemical Applications Management BMP -25 BMP DESCRIPTION Measurable Goal Continue existing herbicide pesticide and fertilizer management program. Successfully Implemented? -;/ YES 4 4 NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue implementation of V1)lie's existing chemical management program. • Evaluate appropriateness of program every two years. • Provide and document refresher training for chemical applicators at least every three years. • Document the number of individuals trained. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT f � I REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 3 { CITY �)t{ jYLIL Storm Seder System Maintenance BMP - 26 t s 5 I � � I lIMP DESCRIPTION Measurable Goal Remove tloatables, sediment, and other debris from the storm -seer Successfully sw°stem to reduce storm water pollution and minimize drainage Implemented? i mpediments. YES w. NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Implement the inspection schedule. • Perform maintenance as necessary. • Clean s)stem as needed in response to complaints or reported problems. • Document areas inspected, observations made. problems reported. and maintenance performed. s i � I PROPOSED CHANGES NONE E ( fe t 4 3 STORM WATER MANAGEMENT PLAN - ANNUAL REPORT 1 , 1 1 , REPORTING PERIOD: AUGUST 13, 2009 - AUGUST 12, 2010 i YEAR 3 1 ! - Street Sweeping , BMP - 27 I ! I I I 1 BMP DESCRIPTION I i Measurable Goal 1 Sweep City streets to collect road debris, trash, and other wastes prior to Successfully their el-my into creeks, lakes, or other water bodies. Implemented? i I F.? yEs NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue street sweeping program. • Document schedule for street sweeping activities, volume of waste collected, and method of waste disposal. 1 1 PROPOSED CHANGES I I , I i NONE I 1 I 1 STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 -AUGUST 12,2010 CITY OF WYLIE Safe Material Storage BMP-28 BMP DESCRIPTION Measurable Goal Continue existing material storage management program. Successfully Implemented? Ri YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue protective practices of existing material storage for road materials stockpiles, and continue implementation of any identified improvements, if necessary. • Continue implementation of material management procedures for the identified municipal activities and the municipal facilities that store materials. • Evaluate and update materials management procedures as needed. • Document the implemented material management procedures and list any updated procedures. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: AUGUST 13, 2009 - AUGUST 12, 2010 YEAR 3 CITY OF WYLIT Structural Control Maintenance B MIP - 29 (, t � 4 BMP DESCRIPTION Measurable Goal No structural controls have been identified under the current SW MP. Successfully Hoyv=e<er, some structural controls may he identified during the permit Implemented? term. Maintenance acti‘ities. schedules, and inspection procedures vkrill be identified and incorporated into the S \NIP at that time as appropriate. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Implenment procedures to monitor private industry structural controls maintenance (documentation records) and monitor public maitenance of structural control through documentation inspection. • Inspect City-maintenace structural controls • Identify budget requirement to maintain City-maintained strutuctural controls. • Document the evaluation, inspection, and maintenance acti‘ities related to structural controls, j I I PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13,2009 -AUGUST 12, 2010 CITY O1- YV YLjE Spill Response BMP-30 -- BMP DESCRIPTION Measurable Goal Respond to spills of chemicals or other materials in public areas of the Successfully City in a manner that remains protective of water quality to the extent Implemented? safely possible. YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue implementation of existing spill response procedures and training through Wylie Fire Department. • Document spill response events. • Document training for spill response personnel. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: YEAR 3 AUGUST 13, 2009 - AUGUST 12, 2010 } { CITY' OF �' Y 1" Eft Employee Training BMP - 31 BMP DESCRIPTION Measurable Goal SuccessfullyConduct good housekeeping and pollution prevention training as part of existing employee training programs. Tailor training to practices of Implemented? employees that have the potential to impact storm water quality 'I YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Continue BMP trainng for the municipal employees responsible for activities that may impact stom wate quality • Document the training of city personnel. PROPOSED CHANGES } NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: AUGUST 13, 2009 -AUGUST 12,2010 YEAR 3 il CITY OF WYLIF Disposal of Collected Storm Sewer System Waste BMP-32 BMP DESCRIPTION Measurable Goal Dredge soil, accumulated sediment, and floatables collected through the Successfully implementation of storm sewer maintenance activities, street sweeping Implemented? activities, and other routine City operations will be disposed of properly. Disposal of such materials will be tracked in conjunction with tracking YES efforts for the implementation of the individual BMPs. r NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Perform proper disposal of waste materials. • Document the proper disposal of waste materials. PROPOSED CHANGES NONE STORM WATER MANAGEMENT PLAN - ANNUAL REPORT REPORTING PERIOD: AUGUST 13, 2009 - AUGUST 12, 2010 YEAR 3 CITY OF WYLIL Municipal Operations and Industrial Activity BMP- 33 BMP DESCRIPTION Measurable Goal Successfully General evaluation of the municipal operations that have a potential to adversely impact storm water quality. Implemented? 4 t r YES NO ACTIVITIES PLANNED FOR NEXT REPORTING PERIOD • Begin implementation of the BMPs identified through municipal operations assessments. • Document the recommended BMPs and notify TCEQ in the annual report of BMP modifications and; or additions. PROPOSED CHANGES NONE 3(i f EI Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 28, 2011 Item Number: D. Department: Purchasing (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: Date Prepared: May 26, 2011 Budgeted Amount: Exhibits: Resolution & Agreement Subject Consider, and act upon, Resolution No. 2011-20(R) to enter into an Interlocal Cooperative Purchasing Agreement between Dallas County and the City of Wylie to permit the City to utilize Dallas County supplier contracts for goods and services. Recommendation Motion to approve Resolution No. 2011-20(R) an Interlocal Agreement between Dallas County and the City of Wylie to permit the City to utilize Dallas County supplier contracts for goods and services. Discussion The City routinely utilizes contracts for goods and services that have been competitively bid by various cooperative purchasing groups and other government entities. These include the State of Texas, Collin County Governmental Purchasing Forum, Buy Board and others. Significant cost savings are achieved through this practice. Such cooperative purchasing ventures typically require an Interlocal agreement with these other entities. The resolution and agreement that are being presented for adoption would permit the City to utilize Dallas County contracts for goods and services. Of immediate interest is the County contract with APAC for asphalt paving. Approved By Initial Date JH Department Director City Manager I II t.,�uwu:i hrI hi': II Page 1 of 1 RESOLUTION NO. 2011-20(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF WYLIE FOR THE CITY'S USE OF DALLAS COUNTY CONTRACTS. WHEREAS, Section 791.025 of the Texas Government Code does permit Interlocal Agreements between local governments for the purchase of goods and services and does satisfy the requirement of local governments to seek competitive bids for the purchase of goods and services through supplier contracts; and WHEREAS, the City of Wylie is of the opinion that an Interlocal cooperative purchasing Agreement between the City of Wylie and Dallas County will be highly beneficial to the taxpayers as a result of the anticipated savings to be realized; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the City of Wylie, Texas requests that Dallas County allow the City to enter into an Interlocal Agreement to permit the City to utilize and/or be incorporated into one or more Dallas County supplier contracts as previously solicited by Dallas County and awarded to vendors in accordance with State purchasing laws. SECTION 2. 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 Interlocal Agreement between Dallas County and the City of Wylie. SECTION 3. A representative of the City of Wylie, Texas named as Jim Holcomb, Purchasing Agent, is authorized to sign and deliver any and all necessary requests and documents in connection therewith for and on behalf of the City of Wylie, Texas. SECTION 4. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 28th day of June, 2011. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2011-20(R) Dallas County Interlocal Purchasing Agreement STATE OF TEXAS COUNTY OF DALLAS MASTER INTERLOCAL/COOPERATIVE PURCHASING AGREEMENT BETWEEN DALLAS COUNTY AND GOVERNMENTAL AGENCY FOR AGENCY'S USE OF DALLAS COUNTY CONTRACTS WHEREAS,DALLAS COUNTY does enter into competitive bids for acquisition of various goods and services in accordance with Texas Local Government Code Section 262.023 "Competitive Bidding and Competitive Proposal Requirements", as amended; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes interlocal agreements between local government agencies to perform governmental functions and services such as streets,roads and drainage; and Section 791.025 of the Texas Government Code does permit interlocal agreements between local governments for the purchase of goods and services and does satisfy the requirement of local governments to seek competitive bids for the purchase of such goods and services through Supplier Contracts; and WHEREAS,CITY OF WYLIE now requests that DALLAS COUNTY allow them to enter into this Master Agreement to permit CITY OF WYLIE to utilize and/or be incorporated into one or more DALLAS COUNTY Supplier Contracts as previously solicited by DALLAS COUNTY and awarded to Vendors in accordance with State purchasing laws and the Dallas County Code, Chapter 94 "Purchasing and Contract Management Policy". NOW,THEREFORE,THIS MASTER AGREEMENT is hereby made and entered into by and between DALLAS COUNTY and CITY OF WYLIE upon and for the mutual consideration as stated below: A. DEFINITIONS. 1. Master Agreement. This document titled the Master Interlocal/Cooperative Purchasing Agreement between DALLAS COUNTY and CITY OF WYLIE. A separate Master Agreement shall be executed between each and every AGENCY that wishes to utilize DALLAS COUNTY Supplier Agreements. 2. Supplier Agreement. An existing agreement between DALLAS COUNTY and a Vendor for the purchase of goods and services. 3. Vendor. An external business, entity or enterprise that supplies goods and/or services to DALLAS COUNTY that satisfies the requirement of local governments to seek competitive bids for the purchase of goods and services. 1 4. CITY OF WYLIE. A governmental entity in the State of Texas that desires to do business with DALLAS COUNTY and their Vendor(s). 5. DALLAS COUNTY. A governmental entity in the State of Texas. B. BOUND BY CONDITIONS. CITY OF WYLIE understands and agrees to be bound by the terms, conditions and expiration date of the requested Supplier Agreement, and hereby agrees to fulfill each and every requirement contained therein as if CITY OF WYLIE was the original procuring entity. DALLAS COUNTY reserves the right to terminate the specified Supplier Agreement prior to its expiration without further obligation or penalty pursuant to State law and DALLAS COUNTY policy. C. INDEPENDENT ADMINISTRATION. For all goods and services purchased by CITY OF WYLIE, CITY OF WYLIE agrees, at its sole cost and expense, to independently administer the requested Supplier Agreement and to pay the Vendor directly for any and all related costs. CITY OF WYLIE agrees to pay for such goods and services from current revenues,in accordance with the terms and conditions of the Supplier Agreement and DALLAS COUNTY bid specifications. Each AGENCY shall be liable to the Vendor only for goods and services requested and received,and shall not, by the execution of this Master Agreement, assume any additional liability. D. TERM. The term of this Master Agreement shall commence on the date of execution by the last party to sign. The agreement shall remain in effect until written formal termination is made by either party. Either party may, without cause, terminate this Master Agreement with prior written notice of thirty (30) days to all parties, including to the Vendor of any Supplier Agreements being utilized. E. DISPUTE RESOLUTION. In the event of a dispute or claim between DALLAS COUNTY'S Vendor and CITY OF WYLIE resulting from CITY OF WYLIE' S use of a DALLAS COUNTY Supplier Agreement, CITY OF WYLIE agrees to: 1. Provide written notice to DALLAS COUNTY within two (2) business days of any dispute or claim with a Vendor; 2. Use their good faith efforts and attempt to quickly resolve any and all disputes and claims with Vendor; 3. Pay to DALLAS COUNTY all direct and indirect costs associated with any and all actions required for resolution of any dispute or claim related to this Master Agreement; and 4. In the event of any mediation, arbitration,litigation or other actions resulting from CITY OF WYLIE'S use of a DALLAS COUNTY Supplier Agreement,CITY OF WYLIE will, at its sole cost and expense, enter and defend such actions, including the interest of DALLAS COUNTY, and shall pay all costs and expenses, including attorneys fees, 2 court costs,claims, demands or judgments arising in anyway from any actions related to this Master Agreement. F. INDEPENDENT PARTY. DALLAS COUNTY and CITY OF WYLIE acknowledge that neither party is an agent, employee or joint enterprise of the other, and that each party is responsible for its own actions,forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law and this Master Agreement. G. PROVISION OF GOODS AND SERVICES. DALLAS COUNTY will not provide any funds, equipment or personnel utilized in the acquisition of goods or services to CITY OF WYLIE under this Master Agreement and/or any Supplier Agreement. H. NO WARRANTY. DALLAS COUNTY shall neither warrant nor be responsible for the quality or delivery of goods and/or services from a Vendor under any Supplier Agreement. CITY OF WYLIE shall receive warranties provided directly by the Vendor, if any, for the goods and/or services purchased under a Supplier Agreement. I. VENDOR APPROVAL. CITY OF WYLIE will be able to procure goods and/or services from those Supplier Agreements executed by DALLAS COUNTY where the Vendor has accepted the terms for cooperative purchasing agreements for local governments established by Texas law. J. MISCELLANEOUS PROVISIONS. 1. Binding Agreement and Authority. This Master Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Master Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Master Agreement. 2. Amendment. This Master Agreement may not be amended except in a written instrument specifically referring to this Master Agreement and signed by the parties hereto. 3. Applicable Law. This Master Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either CITY OF WYLIE or DALLAS COUNTY shall lie in Dallas County, Texas. Nothing herein is intended to benefit any third party beneficiaries. 4. Immunity. This Master Agreement shall be expressly subject to CITY OF WYLIE'S Governmental Immunity and DALLAS COUNTY'S Sovereign Immunity,Title 5 of the TEXAS CIVIL PRACTICES AND REMEDIES CODE, and all applicable federal and state law. 5. Severability. In the event that one (1) or more of the provisions herein shall be held invalid,illegal or unenforceable in any respect,this Master Agreement shall be construed 3 as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not affect the remaining provisions of this Master Agreement, which shall remain in full force and effect. 6. The CITY OF WYLIE has executed this Master Agreement pursuant to Council Resolution No. , passed on the day of , 2011. 7. DALLAS COUNTY has executed this Master Agreement pursuant to Commissioners Court Order No. , passed on the day of , 2011. EXECUTED this the day of ,2011. COUNTY OF DALLAS: CITY OF WYLIE : BY: BY: Clay Lewis Jenkins County Judge RECOMMENDED: RECOMMENDED: BY: BY: Linda S.Boles Purchasing Agent APPROVED AS TO FORM*: APPROVED AS TO FORM: BY: BY: Gordon Hikel Deputy Chief, Civil Section *By law,the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval,and should seek review and approval by their own respective attorney(s). 4 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 28, 2011 Item Number: 2. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 121-5623-56040 Date Prepared: June 7, 2011 Budgeted Amount: $40,000 Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to approve a contract with Teague Nall and Perkins, Inc. in the amount of $40,000 for professional services related to the City of Wylie Neighborhood Parks Master Plan. Recommendation Motion authorizing the City Manager to enter into a contract with Teague Nall and Perkins, Inc. in the amount of$40,000 for professional services related to the City of Wylie Neighborhood Parks Master Plan. Discussion On February 22, 2011, City Council authorized the City Manager to negotiate a professional services contract with Teague Nall and Perkins, Inc. (TNP) for the City of Wylie Neighborhood Parks 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 Neighborhood Parks 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 two outdoor facility priority as being a neighborhood park development. The intent of the Neighborhood Parks Master Plan will be to provide landscape architecture and design services for park master planning of two park sites located within the City. It is anticipated that the development of these park sites may occur as funds become available in the future. The first site is approximately 4.55 acres of undeveloped open space situated at the southeast corner of Forrest Ross Road and Skyview Drive. As shown on Exhibit B, this site is adjacent to the United States Army Corps of Engineers (USACE) property to the east and to North Texas Municipal Water District (NTMWD) property to the west and north. As such, consideration will be given to partnering with the USACE and NTMWD to incorporate those spaces into the master plan if possible. The other site is approximately 10.373 acres of undeveloped open space situated along the northern edge of the Pheasant Creek subdivision as shown on Exhibit B. The scope of work for this project includes creating a master plan to explore alternatives and serve as a guide to the future recreational and landscape development of these two park site locations. TNP 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 ensure it satisfies all City requirements. Page 1 of 2 Page 2 of 2 The attached proposal outlines the approach for the project. The effort involves opportunities for public input as well as input from the City Council, the Park and Recreation Board and City staff. The project is anticipated to take approximately 18 weeks to complete. Approved By Initial Date Department Director MS June 7 2011 City Manager I II t uw,u i h 20"II "II AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND TEAGUE NALL AND PERKINS, INC. (CONSULTANT) FOR LANDSCAPE ARCHITECTURAL AND DESIGN SERVICES AGREEMENT Made as of the day of 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: Teague Nall and Perkins 12160 North Abrams Road, Suite 508 Dallas, Texas 75243 Telephone: (214) 461-9867 Facsimile: (214) 461-9864 for the following Project: Wylie Neighborhood Parks 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 Teague Nall and Perkins, 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 the Wylie Neighborhood Parks, hereinafter referred to as "Project;" and WHEREAS, the Consultant desires to render such professional landscape architecture and design services for the City upon the terms and conditions provided herein. City of Wylie—Professional Services Agreement Page 1 593039.v1 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 and design 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 Change 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 below: Notice to Proceed June 28, 2011 Task One — Preliminary Project Coordination 4 weeks City of Wylie—Professional Services Agreement Page 2 593039.v1 Task Two — Public Meetings 4 weeks Task Three — Master Planning 6 weeks In no event shall the Project be completed any later than November 15, 2011. 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 Forty Thousand and 00/100 Dollars ($40,000.00), (the "Consultant's Fee") and shall be paid in accordance with Article 3 and the Compensation Schedule / Project Billing / Project Budget as set forth in Exhibit "B." The final five percent (5%) of the Consultant's Fee, or Two Thousand and 00/100 Dollars ($2,000.00), 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 and 00/100 Dollars ($2,000.00). The electronic formatting shall be consistent City of Wylie—Professional Services Agreement Page 3 593039.v1 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. 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." City of Wylie—Professional Services Agreement Page 4 593039.v1 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." 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 rates provided in Exhibit "B," attached hereto and incorporated herein for all purposes. 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 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 City of Wylie—Professional Services Agreement Page 5 593039.v1 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 Project 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 all 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. 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 City of Wylie—Professional Services Agreement Page 6 593039.v1 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 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 City of Wylie—Professional Services Agreement Page 7 593039.v1 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. ARTICLE 7 AUDITS AND RECORDS / PROHIBITED INTEREST/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. City of Wylie—Professional Services Agreement Page 8 593039.v1 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/ 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, 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. City of Wylie—Professional Services Agreement Page 9 593039.v1 ARTICLE 9 DISPUTE RESOLUTION / 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 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 City of Wylie—Professional Services Agreement Page 10 593039.v1 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 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: Teague Nall and Perkins, Inc. 12160 North Abrams Road, Suite 508 Dallas, Texas 75243 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. City of Wylie—Professional Services Agreement Page 11 593039.v1 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 12 MISCELLANEOUS 12.1 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: 12.1.1 Exhibit "A," Scope of Services. 12.1.2 Exhibit "B," Compensation Schedule / Project Billing / Project Budget/ Reimbursable Expenses. 12.1.3 Exhibit "C," City of Wylie Guidelines for Computer Aided Drafting and Design (CADD. 12.1.4 Exhibit "D," City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. 12.1.5 Exhibit "E," City of Wylie Contractor Insurance Requirements. 12.1.6 Exhibit "F," Affidavit. 12.1.7 Exhibit "G," Conflict of Interest Questionnaire, Form CIQ. 12.2 Assignment and Subletting — 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. 12.3 Successors and Assigns — City and Consultant, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, City of Wylie—Professional Services Agreement Page 12 593039.v1 representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 12.4 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. 12.5 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. 12.6 Execution / Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 12.7 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. 12.8 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. 12.9 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. 12.10 Multiple Counterparts — This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 12.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. City of Wylie—Professional Services Agreement Page 13 593039.v1 12.12 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. 12.13 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. 12.14 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. 12.15 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. 12.16 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 Teague Nall and Perkins, 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 City of Wylie—Professional Services Agreement Page 14 593039.v1 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 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 Agreement Page 15 593039.v1 EXHIBIT "A" SCOPE OF SERVICES Agreement by and between the City of Wylie, Texas (City) and Teague Nall and Perkins, Inc (Consultant) to perform Landscape Architecture Design Services for Wylie Neighborhood Parks Project Task Provide landscape architecture and design services for park master planning for Park Site A and Park Site B, located within the City and located per Exhibit B. The scope of work for this project includes creating a master plan to explore alternatives and serve as a guide to the future recreational and landscape development of the park land. Adjacent property opportunities at Park Site A will be conceptually studied as becoming part of an overall park concept plan. Task Outline 1. Preliminary Project Coordination Consultant team shall have one kickoff meeting with all relevant City staff and officials to discuss critical ideas, issues and timelines, including: a. Theme/mission statement, goals and objectives for the park. b. Verify scope and boundary limits of project site and contiguous properties. c. Discuss intended process and key stakeholder agencies, associations, individuals. d. Review current City master plans or studies that impact sites (Park, Drainage, Thoroughfare, etc) e. Discuss physical constraints of the Project (obstructions, restrictions, streets, development proximity, topography, drainage patterns, vegetation, etc.). f. Discuss physical opportunities of the Project (open areas, natural conditions worth preserving, etc.). Additionally, City staff representatives shall have the following two meetings regarding Park Site `A'. a. Meeting with Corps' Lake Manager for opportunities, limitations, and procedural requirements necessary to use their property. b. Meeting with North Texas Municipal Water District to verify limits of the NTMWD land, "the triangle", for opportunities, limitations, and procedural requirements necessary to use their property. City of Wylie—Professional Services Agreement Page 16 593039.v1 c. City shall provide clear directive of desired project planning limits to TNP based upon the results of meetings listed above. TNP shall plan for one decided upon park size. 2. Public Meeting Preparation and Presentation (one) a. Prepare one conceptual site plan for Park Site `A and one conceptual site plan for Park Site `B' based on Task 1. b. Prepare meeting agendas and define presentation roles, and method for public input. c. Prepare meeting presentation dialogue and exhibit or PowerPoint. d. Conduct one public meeting to be held inside City facilities to present and discuss concept plans and ideas for Park Site `A and Park Site `B'. e. Document feedback received at public meeting from public, staff, and stakeholders. f. Nearby residents and interested public stakeholders shall be notified by City staff via newspaper notice and/or mailouts. 3. Master Planning a. Meet with City staff to discuss both of the public meeting results and formulate planning strategies; Staff shall provide clear directive of desired changes to Concept Site Plans for Park Site `A' and Park Site `B'. City staff shall update relevant boards and/or elected officials on meeting results. b. Based on public meetings, City staff input, and City staff-provided input from relevant boards and/or elected officials, TNP shall revise each Concept Site Plan into one Preliminary Master Plan for Park Site `A' and Park Site `B'; develop cost opinions for each. c. Meet with City staff to discuss Preliminary Master Plans and cost opinions for each park site, and prioritize site plan implementation with phasing. d. Finalize Park Master Plan for each site. e. Deliverables: One computer rendered hard copy of the Master Plan, and electronic file on CD. Client's Responsibilities: The Client shall perform and/or provide the following in a timely manner so as not to delay the Services of the Consultant. Unless otherwise provide in this Scope of Services, the Client shall bear all costs incident to compliance with the following: 1. Furnish all documents for all existing and proposed facilities within the project limits. 2. Furnish all available survey information including all topographic features within the project limits or project site boundaries. 3. Furnish digital copy of plans and documents for all proposed facilities near City of Wylie—Professional Services Agreement Page 17 593039.v1 the project limits as information becomes available. 4. This scope of services anticipates that the Client or its representatives will provide all the necessary base information for the project to the Consultant in a timely manner. This information shall be in electronic format that include the proposed additions and adjacent roadway paving data, existing and proposed utilities, light poles, drainage structures and any other pertinent data. Additional Services: Services not specifically identified as Basic Services above shall be considered additional and shall be performed on an individual basis upon authorization by the Client. Additional Services shall be reimbursed by the Client on an hourly reimbursable basis, unless otherwise mutually agreed. Such services shall include, but are not limited to, the following: 1. Any additional meetings with City staff, park site stakeholders, City boards and commissions, NTMWD, USACE, and City Council beyond those meetings specifically described in the Task Outline above. 2. Any additional revisions to conceptual plans, master plans, additional presentations or exhibits beyond those specifically described in the Task Outline above. 3. Preparation of Civil engineering construction plans for proposed improvements on site or off-site, grading plans, utility modeling or plans, and work related to franchise utility companies. 4. Hydrologic and/or hydraulic engineering studies, including design of storm systems, retention/detention ponds, floodplain studies or FEMA flood plain map amendments 5. Traffic and transportation engineering studies or designs. 6. Geotechnical engineering or investigations 7. Environmental engineering of any kind, including impact statements, evaluation or permitting related to TCEQ or the United States Army Corps of Engineers. 8. Land surveying, of any kind, including staking of floodplain and /or floodway limits, preparation of easement or right of way documents, and construction staking. 9. Submittal of Master Plans to TDLR. 10. Preparation of construction documents for Landscape Architecture improvements of any kind. City of Wylie—Professional Services Agreement Page 18 593039.v1 EXHIBIT "B" COMPENSATION SCHEDULE/PROJECT BILLING/PROJECT BUDGET Agreement by and between the City of Wylie, Texas (City) and Teague Nall and Perkins, Inc (Consultant) to perform Landscape Architecture Design Services for Wylie Neighborhood Parks I. COMPENSATION/PROJECT BUDGET SUMMARY. Payment for services shall be lump sum as shown below: Basic Services: Task One— Preliminary Project Coordination.............................. $ 8,000 Task Two— Public Meeting Preparation and Presentations (two)............ $ 12,000 Task Three— Master Planning ......................................................... $ 20,000 Total Basic Services: $ 40,000 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. II. STANDARD RATE SCHEDULE FOR ADDITIONAL REIMBURSABLE/MULTIPLIER CONTRACTS (effective from January 1, 2011 to December 31, 2011*) Engineering / Technical From - To Principal $150 - $230 Per Hour Project Manager $120 - $200 Per Hour Senior Engineer $110 - $210 Per Hour Engineer $ 85 - $140 Per Hour Landscape Architect / Planner $110 - $170 Per Hour Landscape Designer $ 70 - $110 Per Hour Designer $ 85 - $120 Per Hour Senior Designer $100 - $150 Per Hour CAD Technician $ 60 - $ 90 Per Hour Senior CAD Technician $ 75 - $110 Per Hour IT Consultant $120 - $150 Per Hour IT Technician $ 85 - $120 Per Hour Clerical $ 50 - $ 80 Per Hour Resident Project Representative $ 70 - $120 Per Hour Surveying City of Wylie—Consultant Services Agreement Page 19 590283.v1 Survey Office Manager $130 - $180 Registered Professional Land Surveyor $120 - $150 S.I.T. $70 - $100 Senior Survey Technician $70 - $100 Junior Survey Technician $50 - $80 1-Person Field Crew w/Equipment** $115 2-Person Field Crew w/Equipment** $135 3-Person Field Crew w/Equipment** $150 4-Person Field Crew w/Equipment** $170 Subsurface Utility EngineeringHourly Rate SUE Engineer $160 SUE Technician $ 95 1-Person Designator Crew w/Equipment $110 2-Person Vacuum Excavator Crew w/Equipment $250 (Travel and Stand- by) SUE QL-A Test Hole (0 — 4 ft)*** $750 per hole SUE QL-A Test Hole (4.1 — 8 ft)*** $900 per hole SUE QL-A Test Hole (8.1 — 12 ft)*** $1,150 per hole SUE QL-A Test Hole (12.1 —20 ft)*** $1,500 per hole Direct Cost Reimbursables Photocopies, Scans & PDF Files: $0.10/pageletter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $1.00/page letter, legal and 11" x 17" size bond paper, color $2.00/page 22" x 34" and larger bond paper or vellum, B&W $4.00/page 22" x 34" and larger bond paper or vellum, color Plots: $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $4.00/page 22" x 34" and larger bond paper or vellum, B&W $6.00/page 22" x 34" and larger bond paper or vellum, color $6.00/page 22" x 34" and larger mylar or acetate, B&W Mileage $0.50/mile All Subcontracted and outsourced services shall be billed at rates comparable to TNP's billing rates shown above. "Rates shown are for calendar year 2011 and are subject to change in subsequent years. ""Equipment includes Truck, ATV, Robotic Total Station, GPS Units and Digital Level. """Pricing includes 2-Person crew, designating for excavation, survey, vehicle costs, and field supplies. City of Wylie—Professional Services Agreement Page 20 593039.v1 Park Site A . .._ . . :., , ,t4..,•,.. .„..: 'tss. ...... ,... • - -‘ :::‘.. wi - ... i :Isivt, ..t.... 0(4.4. ,4,. .,...?•,.. $op vit.. .11%., . ...... _..1 .. _ . fife.% . . t . . • • . ... .. , vi wN,.• . ... , . mr fb ! Illy 6 4f*47.1.%.t•• 7 b • a4..;. . •.'• * ' * it?• . b . : f PI.....,... I, • 1 Army Corps of -.0.' - • . • ! 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''..‘ `. • \\ ‘4,41;iiilitci 7:1 . 5.40 : eil . I\‘ \\ M MI \ 0- - • . I iml" W \ 'N• \ oh:"7 , a• (1) \N NI& \ * fD \\\ \.\' -‘ 1 c ,• lor 'ILI ' W M °lb sili fmP lik \• \/ q', INN - .. ms• ,,,, •fs,(.4 .4-• . thik :s \ 4 . , kilt, e. „1,„,\. • - ,..---;:s N, - \Nit, - -...1.... • ., Da IN . IP ..1‘ v N .. . .1411k cio* - ' 4•s,L.410, - . 0• ,.).216 A ,k,A) 4:-AN -4P lit\\4,- • .0* ...tr..' st'r.. \..• t'IK ' Ih ett\N • ,ZINL\ ialr\ - •If I . V k›.. ito- • - • -... N.' • , . . -,,..„ .71. ...., 1. 114X . • • ....sr*0 ..).-• .1 1 1a zN,ii 7•,I2-r :7-7• ... .7r,"7..--.-..# i. .• ...• -•.1•"0. . r-.•‹.N,1 ,,_. • %.., c •f: • .:.„.. .... • . •....„, ..... siiiiiiiiiiiiiih,..„..r.i........,.. P.!•.07.--; No, - hi 1 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 22 590283.v1 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 23 590283.v1 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 24 593039.v1 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 25 593039.v1 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 26 590283.v1 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 27 593039.v1 EXHIBIT "F" AFFIDAVIT THE STATE OF TEXAS § THE COUNTY OF § , 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 28 590283.v1 EXHIBIT "G" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ. 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 USEONLY Government Code by a person doing business with the governmental entity. Lime Re ceive<I By law this questionnaire must be filed with the records administrator of the k)cal government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be Ned. 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. Lill 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 Me 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 clay after the date the originally cored questionnaire becomes incomplete or ihaccurate) Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. Describe each aft Illation 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.. Amen,led fit/13'23°e City of Wylie—Professional Services Agreement Page 29 593039.v1 EXHIBIT "G" CONFLICT OF INTEREST QUESTIONNAIRE, FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor orother person doing business with localgovernmentalentity Page 2 LI Name of local government officer with whom fiber has affil tation or business relationship. {Complete this section only if the answer to A,B„or C is YES.) Thug section tern 5 including subparts A„ B. C & D must be completed for each officer with whom the tiler has affiliation or business relationship. Attach additional pages to thus Ferns CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer off'the questionnaire? nYes n 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? nYes n No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that.the loca0 government officer serves as an officer or director, or holds an ownership of 10 percent or more? 7 Yes 7 No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest,. Signatufe of person doing business with the governmental entity Date Amended 01 i 13f2009 City of Wylie—Professional Services Agreement Page 30 593039.v1 Wylie City Council CITY OF WY I AGENDA REPORT Meeting Date: June 28, 2011 Item Number: Work Session Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: April 28, 2011 Budgeted Amount: $ Exhibits: 2 Subject Discuss Planet Kidz Youth program. Recommendation N/A Discussion Staff has been discussing the Planet Kidz youth program with the owner, Dale Oakes, for approximately three years. Staff waited to bring this item to the Board and Council for review until the Wylie Recreation Center was completed and there was a place available to accommodate the program. Planet Kidz is a program for children in 3-8th grades held on Friday or Saturday nights during the school year. The program is held in area school gyms, YMCA's, and municipal recreation centers throughout Texas. The program is from 7pm-11pm and features live dj, sports, dancing, tournaments, contests, celebrity apprearances, crafts, educational demonstrations, prizes and giveaways. The admission is $10 per child plus the cost of concessions. From the $10, the recreation center (City) would receive $2 per child. Potential attendance could be 4-500 children per event. The events are held weekly during the school year. This program achieves two important goals: a program specifically aimed toward youth in grades 3-8 and a steady revenue stream for the recreation center. The challenge getting the program started at the recreation center is accommodating its hours of operation. The recreation center is currently open until 10pm on Fridays and 8pm on Saturdays. Set up for the program at the recreation center would need to start by 6pm on either Friday or Saturday. Therefore, hours of operation would need to change to accommodate this program. Staff recommends closing early on Saturdays because of the potential increase in rental revenue on those days when Planet Kidz is not operating (summer months). Staff met with the Parks and Recreation Board on April 25, 2011 to discuss the Planet Kidz program. The Board recommended that a program be established on Saturdays and the hours of the Recreation Center be changed to close at 6pm instead of the current 8pm to accommodate the program hours and potential future rentals when Planet Kidz is not in operation (i.e. summer). Approved By Initial Date Department Director RD April 28, 2011 City Manager II t.,�uwu:r hrI hi': II Page 1 of 1 Fopt 4,1P1Nr,t, A. %er~47 '''mow J it "COMMUNITES FOR KIDZ" (A Texas non-profit organization) Presents PLANET KIDZ, FUN TIME LIVE FRIDAY NITE LIVE Provides A Valuable service for your community, Planet Kidz, Fun Time Live & Friday Nite Live Program Note: Copyright 1995 by FUN TIME LIVE Rights Reserved First Printing in 1995 Published by PLANET KCDZ,FUN TIME LIVE&FRIDAY NITE LIVE 2010 Industrial Blvd. Suite 604 Rockwall,Texas 75087 (972)-772-6000 Office (972)-772-3737 Fax Dale A. 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The Kids Win... Limited choices are available for kid's grades 3rd to 8th, that awkward time between childhood and the teenage years. Dubbed by child development experts as"The Forgotten Age", 3rd to 8th graders have few places to safely mingle and have fun. The Kids are bored with the malls, bowling alleys, skating rinks and movie theaters. They Flock to a place with more variety and that is designed exclusively for them. The Parents Win... Baby-sitters are far more expensive than a night at"PLANET KIDZ 1 FUN TIME LIVE", and it's a safe Place where parents don't have to worry about their children. `PLANET KIDZ /FUN TIME LIVE" staff Closely supervise the children without getting in the way of their freedom to have fun. A Variety of activities is always planned so that all children will find something to do—Even the ones who just want to hang out with their friends. The Community Wins... "PLANET KIDZ/FUN TIME LIVE" is a youth program that has been recognized for its Worthwhile Contribution to the heart of the community-the family! It is the most Exciting and Innovative program available for America's Youth-a positive influence in A World of Negative ones. And, in a creative alliance between"PLANET KIDZ/FUN TIME LIVE" and the Community. IT'S A PARENTS NIGHT OUT... PLANET KIDZ & FUN TIME LIVE TM "Youth Activity Night" Facts: When Friday or Saturday nights from 7 to 11 p.m.for children in Grades 3rd - 8th Where Middle Schools, Recreation Centers or YMCA's Procedure Each child must fill out and have an adult sign a `Rules and Regulations form Activities Include a live disc jockey, numerous sports, dancing, tournaments, contests,celebrity appearances, crafts, educational demonstrations, prizes and give-a-ways Cost There is a charge for admission and concessions are available for a slight charge Parents have `peace of mind' knowing their children are having fun in a safe and secure environment... Safety Each child must sign in and is not allowed to leave the premises unless signed out by an authorized adult Security A uniformed police officer is on site Supervision There is one(1)trained counselor per thirty(30) children Li S D Lewisville Lina Milliken Education Center Independent 2103 Savage Lane School District Lewisville,TX 75057 COMMITTED TO EXCELLENCE (469)713-5997 The Office of: (972)420-6869 Fax ADULT AND COMMUNITY EDUCATION SUSAN BLOCKLEY,Director Mr. Dale Oakes, President Planet Kidz,Inc. 2010 Industrial, Suite 604 Rockwall, TX 75087 Dear Dale: The Lewisville School District established a department of Adult and Community Education in the early 80s with the purpose of providing programs and services to meet the needs and desires of community members of all ages. Youngsters in grades 3-8 need activities outside of the regular school day to give them opportunities for socialization in a safe, supervised environment. Carnivals, school dances and football games provide entertainment, yet there are few opportunities for kids to hang out with their friends. After discovering your organization's substantial success with youth programs, I recommended that LISD partner with Planet Kidz to offer Friday Nite Live at Forestwood Middle School in Flower Mound. From its inception in September 2007, Friday Nite Live has been amazing! Almost 4,000 kids attended 22 Friday events and they were entertained in every imaginable way. Students danced to parent-approved music; they competed in talent contests and treasure hunts; they had faces colorfully painted and hair streaked; they played dodge ball and cruised down monster inflatable slides. At season's end, kids cheered mightily when the Dallas Mavericks' mascot made slam dunks during a special guest appearance. Thanks to LISD's partnership with Planet Kidz, both Forestwood Middle School and Community Education have derived financial benefit from hosting Friday Nite Live. One reason Friday Nite Live has been so popular is that its staff really cares about the kids having a good time together. These extraordinary adults facilitate an atmosphere of trust and acceptance that kids take to heart. I appreciate the opportunity to share my experience with you and look forward to another school year of Friday Nite Live! S�erely, usan Blockley, Director LISD Adult and Community Education June 2008 Cal M COMMUNITY EDUCATION August 11, 2004 To Whom It May Concern: In the fall of 1998, Mesquite Independent School District's Community Education department formed a partnership with Planet Kidz, Inc. They agreed to provide a Friday night program,through us, to our fourth through eighth grade students. We offered this quality program at one of our middle schools, Vanston, each Friday night throughout the school year. In a matter of weeks, the program grew from just a few students to well over 200. Over the next several years, the program has grown even more. We moved the program to another middle school,Agnew, and we have anywhere from 200-600 students attending each Friday. We average around 250-300 or so students there every Friday night.This tells me that the program is a success and very much needed for the youth in our community. It has been six years since we began the program and the success we have attained is unbelievable! Monetarily,we receive approximately$9,000 to$15,000 per year from the program.. Being a self- supporting entity within our school district, this has really helped boost Community Education's budget and the budget of Agnew Middle School. We share the profits with the school. The main thing about this program is that Mesquite has a much needed,fun, safe place for kids to go on Friday nights because of the partnership between MISD's Community Education department and Planet Kidz. It's a win/win situation! It is a pleasure and an honor to recommend Planet Kidz, Inc. to you. Dale Oakes is super to work with. anything he says he will do, he does. We have had virtually no problems with this program. It runs smoothly and the students love it! I can't say enough good,positive things about Planet Kidz, Inc. and the staff. I hope you will consider a partnership with them. Sincerely, 2LA � Vicki Helms Mesquite ISD • Community Education Program Specialist /vh 405 E.Davis Street Mesquite, Texas 75149 Phone: (972) 88-CLASS Fax: (972) 882-7462 Texas Community Education Association PI- Community Education is a way for people to enhance their lives and communities through learning and collaboration. July 4,2005 Dale Oakes,President Planet Kidz,Inc. 2010 Industrial,Suite 604 Rockwall TX 75087 To Dale and all our Planet Kidz Partners: It is a great pleasure to partner with an organization such as yours that builds safe,fun places for children to be together after school. Programs such as Planet Kidz,Friday Nite Live,Fun Time Live,and Americas Kidz provide a needed service that is also a sound business model. Our organization-the Texas Community Education Foundation-shares your vision that our public schools should be places of learning and support for our communities beyond the school day.We recognize that school doesn't stop at 3:30,and learning never ends. Dale A.Oakes,President and Founder of Planet Kidz,Inc.,was the first private company to partner with our Foundation.He saw the opportunity for growth in both organizations.Our Foundation is charged with encouraging the startup of new Community Education programs throughout Texas.That success will open new communities for Planet Kidz to introduce its unique brand of fun and fellowship,helping new generations of children learn to grow up in a positive manner. Since Planet Kidz stepped up and partnered with our Foundation a little over one year ago, we are working on adding our fourth Foundation partner.All are following the model pioneered by Planet Kidz. The Texas Community Education Association appreciates your support and values your partnership.More important,we share your vision.Planet Kidz passionately believes in providing positive activities for kids, and understands the community's role in making it work.That is the essence of what we do in Community Education. We are honored to be associated with PlanetKidz.Together we can help build Community Education throughout Texas. We look forward to many years of mutual support and growth. Sincerely, ti Phil Houseal,President&Founder Texas Community Education Foundation Dr. Clifford Whetten - Center for Community Education -Texas A&M University Engineering Extension Center 600 HemisFair Plaza Way, Building 277 - San Antonio,Texas 78205-3223 210-208-9308 cwhetten@tamu.edu Al 6A op4.---,7,A,„„41,, N ,r,,,. -4444 0 16,,P tot ) if,r. 1, ir 17)),, 044, ,,, ;,4 ; 4.„,,,,,,y ,,,, ,0?ior" err% 1 ,,„17, „‘-qi i/ ,,,,f,i „0, i 1 y 442„,,,,y. 1 or FvF c 1 0 1 ,,,,,,,h, , i, il, 4 Sr vtitril * , , A ,1 pi V4 $t, ,fql,, 0+;(k4 V" 1 „so , ., t. ,,..,-,, Ili ' .Pirosrssia.ire�y Coswwas ss,Jwa JICsaINC. lIt 71'l CAI Test r�aoss-p+�1Ya osgraae�+rsnsy www.plsnetkids.org April 2008 fl(1Iu;-�, . t f I lt',i!t. i`s `dlili',, . 1 ,�r•41 I y Fun, safe „^ µ Flu 7 , , N Supervised ,' �' �' ,omyy 're illtt ` j'"r�'�� Entertainment I 'N'�".� "g t ��Gn�,.�, mI ar ! �7[f �� p -0- .w rel y gip' o;„ TYPICAL GYMpt "CI iLs . iiINepn nit,tno„ie•,i0irws50.l4y t0 44,,,,4,,,,),.„t(„4"r.,„i Il%l,,,k,,n,i,,,ir147aj1 bp,,,at„'I44I.i?,,?ll,,wr4i3t44w,r,1i1 1.1 0.0.12,ii141,,4 ht,4 11pei4y4,*, r ACTIVITIES tl4 Basketball 6' �'" Football DodgeBall " Soccer 11r �� 'ti � 6 Ping Pang , , �• 11 , , Foosball 1 �w+ "` ", �� l Hula Hoop Al �* v. s 1 Vs o h, . Relay Races v ' w«t (" r,'t",''-'# Tug O-War �' — -- " c 0� . , „ HUM .CAM ', and more! HOOP' " �� � y u,�. art r: TYPICAL �[ 5-on-5 nnIALL � , �l J 1 Y? kiifrl„" if k� ! �# i,.1,, ! 'd'"m�, �1 ' �: DANCE �1 �11 I " ,r r"tittr, fist' �!", �' .;. Fri/kW,' ' �.. )fir Aernr rze w N""� 1C P 1 �,N Disc Jockey �" IRalaoke '"N, " ' Zvi Favorite Music �I w B " Dance Contests a r, L jl P L ar Um Fro ' " �, " , n 0...And m ore l 0) Show 1 , (F II , ' „, ' — 5 Will aF a i pass!! not to Msss V Cha/Cha Slide . . fll _ Nachos von lase Ralf imp p, .n. ra m«..�. Peaa1. Mw.-- m«eoz+w+e„pert E1 „' 1�' � I 8010 4 6ewaa•nn 45,„ Concession j;. !). 1. )...(..:.;.1. ..14.1....8.....L...17..fAvailable nicer .'up.iY1.4 u;*J...1lr r»rtww[�:M, �1., p+1� /-.. tis a hours 3rd lilru 4 48 'V1 de fPnre�us.;ilrl�ells.t�r��rcfiifd mum! C Exc.: em F3 5r,4ti-r»a�ir112 swivel-tH4J.J ! R.:� enter alnn t $9 00 rPui"` Every FridayNight 7 to l i Rill Pit Tour night 1..+tt.._ I .n °NZITt Agnew Middle School 72,SJ ind,.,rnt brute Mesquite,Texas 75119 For more information can 972-670-2899 or 972-772.6000 or genre visitoar website "pIarutkidt org" fornon-profit organization) Presented by Communities KidzTexas JL Rock wall I.SDCi+rn unit vwww.planetIddz.org ARIL 2008 Education partner Saturday, Apr. 5 Saturday, Apr. 1 Fun, Safes Supervised forall Enterra ent ' � � e�( winsl ' � �� kCimiw$f i I it tor 1 ACTIVITIES Basketball ® ! 4 f, orC DodgeBall Wall Ball : Bunny Ilop Volleyball , Soccer Ping Fong 1 Cha Ch8 Remote Control 9 Vm Foosball Raffle in 2 weeks! , w 1 Hula Hoop Slide Relay Races iN i�,' * , 'f Ill Tug-0-War 1 and more! � i 11llla 1100p TYPICAL \..(.111 DANCE ADDIE Saturday, Apr. 19 Sat t�l ire � ACTIVITIES Live Disc Jockey �� Light Show , •• Li n rLL11 iCCI.? Favorite Music DanceLimbo eats !Pint if Uh ! VIIVLI:i f.-. ' Celebrity .. �� ��� � � Appearances t ,�LJLi:�VW itAnd more! �it, ,P Ada �[00Lu II ��rlead�nIcri171c � "g � �� � '' a Tourney ion v � ,.Cpc I 14 '4 uQ�9JJ f �, t� ■ 11 w,4 Brut You Squad Raffle Concessions Available I �T ' Tonight! T ALL Nachos you must be here to win! . See Ya May 3ra It.,4 hours 3rd thru 8th Grades O maim c n Sa N� - 7 #a if p.s. Enernainmrr►[ V For MEIN YourM out Cain Middle School aH'$i� 6620 FM 3097 Rockwall, Texas 75087 �fig. Birthday Parties and inflatable Rentals available... For information call 972-772-6000 q ypg' 1 icarz&wG i uj Levwnini.naeaea jur ahu (ii 1 s u3" rw[Jld pwjjz orgundzuuonf ' h44! ?�;' vie. yy i4 "`;}F'(�}' ` I'l t,}. ih e `.. . dS 3"Ik'F. J • l.YM'I}JYIilif rr School District WIEIt MAY 4 .»w �� L`r0R{NITT(ifi TO f+KCfiLi6NCCc 10 + 1 couNTI:siwisi go, „,. , Y 2 I iy 40 , ivr MR f II; FRIDAY KITE LIVE EYE ECPILT°FUR WELCOMES BACK 0 0.0" US NEXT SCHOOL YEAR! PRINCE OF R&B... i�w �,,:��u zoo.. - Compete in,009 I Lill Larryp F.N.L.F IV.L. S Concessions Featuring Bag Will ' OLYMPIC GAMES!PARENTS ° : factor need a night out? FNL is the best place for your kids! Challenges all. night in the gym! With fun, safe, Obstacles, relays, timed runs, , supervisedR. dance contests, &tug-of-wart entertainment foronlyila f7 T I P EE! .' .i GYM MAY 1 ,, ACTWIES BasketballP °t Football Cone play Dodgeball basketball With... ' i Soccer o � � -� r Tug-of-War ' Bounce HousesCgs 14 AND MORE! �� DANCE as �,I 1�, ,w ACTIVITIES, I:, 'm r lit Live DJ Nape you at1 have a �,., ��a , w ,� �� ' Light Show ��� � rlt'w .� �s�: Top 100 Songs Fun & Safe SaPvtivteri Music Videos See you "text school yearn �� Dance Contests Talent Shows —FNL STAFF Celebrity Get your very own signed I Appearances autograph &picture! „ AND MORE! COUPONS www.FrldayNIteLlveEvents.com 3 yNights .� Most Fridayd GAM &' ay Nights T to f 1 pm PRII S rt est►eco[l Aticielle School - - > Myspace.com/FNLFORES1WOOD 2310 Morriss Road.. knower Mound,TX 75028 MEMBERSHIP APPLICATION RULES AND REGULATIONS All guests shall enjoy the revocable and controlled right to use the facility in accordance with the following rules and regulations: 1. All guests must have parents/guardians read all rules and regulations and complete and sign this form... No Exception& 2. Guests are not allowed to leave the facility unless escorted by a parent/guardian or other authorized person. When parents arrive for pick up,they must come inside for their youth.. There will be a$5.00 late charge per child,for every 15 minutes, if not picked up by the designated closing time. 3. NO smoking-NO alcoholic beverages-NO drugs-NO fighting or belligerent behavior-NO profanity-NO dirty dancing -and NO black sole shoes or gum chewing in gym. 4. Guests who conduct themselves in an unbecoming manner or become a nuisance to Planet Kidz or other guests may be suvended and/or expelled from Planet Kidz. Thereupon all privileges of such guests shall be automatically terminated without proration or refund. At that time,the suspended guests will wait in the penalty room,and parents/guardians will be notified to come and pick them up immediately. 5. Planet Kidz reserves the right to refuse admittance or service to anyone. 6. Planet Kidz is not responsible or liable to any guest for lost or stolen articles. Print Only APPLICATION Print Only Child's Name Date of Birth Sex Age Grade School - - NOTE: Please indicate whether you prefer the E-mail address or home telephone O E-mail address number of the child to be used for identification. U Home Telephone / • Parent/Guardian Name Spouse Address City State Zip Home Telephone / Work Telephone / RELEASE In consideration of my child being accepted into the Planet Kidz Pro I do hereby waive and release Planet Kidz and the City of Forney & Forney ISD of all rights and claims for damages or injuries sustained by my child in connection with his/her association and participation in the said Program events except for gross negligence on the part of Planet Kidz. In the event I cannot be reached in an emergency, I hereby give permission to Planet Kids to secure proper treatment for my child named below. I also understand I am financially responsible for any willful damage my child might do to this Program facility. I hereby give my permission to use my child's name,photograph,video image, and pre-approved quotes in a Planet Kidz corporate brochure and/or newsletters to be distributed free to other participants and prospective participants of the Planet Kidz youth activity centers. Furthermore, I understand these photographs may be made available for publicity use in local and national newspapers and television,but will not be made available for sale. I have read and understand the Rules and Regulations listed above. I agree my child is to comply with them fully, and I assume personal responsibility for my child. Date Parent/Guardian Signature ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MINDDNYYY) Twl 09/28/2007 PRODUCER Mullen Insurance Agency Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 472506 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Garland TX 75047 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE _NAIL# INSURED Planet Kidz,Inc&Company dba Fun Time Live, INSURER A Scottsdale Insurance Company Friday Nite Live,Communities for Kidz INSURER B: 2010 Industrial Blvd. Ste 604 INSURER C: Rockwall TX 75087 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION I TR LbIRRft TYPE nF INSIIReNr•F POLICY NUMBER na rw(MM1nnrVV) nATF rMMMn1YYI UNITS A GENERAL LIABILITY CLS1440188 09/28/2007 09/28/2008 EACH OCCURRENCE $ 1,606>000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PRFM SES(Ea oaurence) $ 100,000 CLAIMS MADE X -OCCUR MED EXP(Any one person) $ 5,000 X $1,000 Deductible PERSONAL S ADV INJURY $ Excluding applies per claim GENERAL AGGREGATE -$ 2,000,000 GEN'L AGGREGATE` � LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Included GE ` ^ .POLICY I I PRa n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR n CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND I TARP i Awi C OTH- FR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT ANY PROPRIETOR/PARTNERlEXECUTNE $ OFFICER/MEMBER EXCLUDED? ,E.L.DISEASE-EA EMPLOYEE $ Eyes,describe under SPFCIAI PROVISIONS hwlnw E.L.DISEASE-POLICY LIMIT_$ OTHER DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED. Sexual 1physcial Abuse$100,000 occurrence, 300,000 aggregate. CERTIFICATE HOLDER X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR6 THE EXPIRATION AGNEW MIDDLE SCHOOL DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 729 WILKINSON DRIVE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL MESQUITE TX 75149 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Bobby L.Maes ACORD 25(2001I08) 0 ACORD CORPORATION 1988 Robert Diaz From: Carmen Powlen Sent: Monday, June 27, 2011 11:22 AM To: Robert Diaz; Mike Sferra Cc: Katy Burton; Steven Harben; Annika Sacco; Anthony Cook Subject: WRC Friday and Saturday Attendance numbers ri t r a Center closes to the public at 10 pm on Fril ay Center closes to public at 4' pm on S.tub ay Attendance counted until 10,30 pm to account for rentals that ruin Untd 11 pm. Friday February June 25 IkonLi, ri10 Ibro n ',RR.11 " t 2011 C140.1 P. Mtn ss Tr,ck 0010011b Gym 6'30 "10 30 prn*a 225 166 51 1071 144 285 1906 384:' Sat Ilfl t y l'ebruarY JUne 251, R .11" OLbin% 111p 100 open 11 ol ren n 1110o n 1111 S 2011 I, re r IIII or, c k 1111111 b G 630 1 0:30 pm"'"' (avd6.001u 101011e (.vain MonUnt) MOlonlIn 6 end alOwni,on) 39 53 0 32S 92 6 619 1128 e first in line! Quick. Easy. (:; it REGISTER ONLINE f„Search and%registerfor activities,thid check fortfaCility availability from home or on the,go //' 0 , eif e/1// /%% P,/'/%"/L Carmen Powlen Recreation Manager Parks and Recreation Department 972-516-6360 c. en. owien lietexas., ov