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Resolution 2012-42 �,.�, RESOLUTION NO. 2012-42(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, RATIFYING THE SALARY AND VEHICLE EXPENSES FOR A DEDICATED RADIO SYSTEM TECHNICIAN UNDER THE TERMS AND CONDITIONS OF AN INTER- LOCAL AGREEMENT BY AND BETWEEN THE CITY OF PLANO, THE CITY OF ALLEN, THE CITY OF WYLIE AND THE CITY OF MURPHY (RESOLUTION NO. 2009-36-R) AND APPROVING FUTURE EXPENDITURES. WHEREAS, the City Council of the City of Wylie, Texas approved Resolution No. 2009-36-R on 12/8/2009 ("Exhibit B"), establishing an inter-local agreement between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas for a Joint Radio Communications System; and WHEREAS, under Section III, paragraph C of the inter-local agreement titled "Jointly Funded System Technician", the City of Wylie agreed to fund one-half (1/2) of an additional radio system technician separate from the Plano/Allen Radio Technician; and WHEREAS, under Section III, paragraph C of the inter-local agreement titled "Jointly Funded System Technician", the City of Wylie agreed to fund one-half(1/2) of a service vehicle dedicated to the radio system technician; and WHEREAS, Section III, paragraph C of the inter-local agreement titled "Jointly Funded System Technician", did not contain specific expense amounts; and WHEREAS, funds have previously been remitted to the City of Plano as required by the inter-local agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to ratify prior expenses as outlined in"Exhibit A"; and SECTION 2: The City Manager of the City of Wylie, Texas, is hereby authorized to , approve all future expenditures as outlined in"Exhibit A"; and "'""` SECTION 3: This Resolution shall take effect immediately upon its passage. Resolution No.2012-42(R) DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 1 lth day of December, 2012. i� �'� �� �� ERIC HOGU�, ]�+Ia or � �, ti`S'� O� ��ll G (ii'r ,��r' �t' ��� ' � ��� ATTEST TO: � ,� � �, ��e-. '��e ' ` -�,- -:���--� - ° ._.... , a�'�[R41LW,�Y CAR LE EHRL� , i y Secretary �rA�88��., Resolution No.2012-42(R) �� EXHIBIT "A" INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS,THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. RESOLUTION 2009-36-R Prior Expenditures Year Item Amount Purchase Order No. 2010 Salary—S Mo. $34,115.00 37837 2010 Vehicle $ 9,518.50 39076 2011 Salary— 12 Mo. $52,195.51 41857 2012 Salary— 12 Mo. $52,707.23 47596 �t Future Expenditures • Base salary increases are capped at 3% plus associated increases in benefits and overhead. • Vehicle is on a 5 year replacement schedule with the City of Plano (20l 4). � � _ � o .- � o � � �. o � o o' o 0 0 0 0 0 0 � � � o o � o �, a � o � o 0 0 0 0 0 0 0 0 � � r o o; � �n �n ri vi o �i �n o �n o c� o 0 0 o r � �n o r o� o �n c� t oo t N o, c� o o �n�, vi o 0 [L �n o cv o� cv �o o a, t� .n m�� � o o ��� r m M, v «'� V) N � O ^ ^., � . N N. , � ,�, O � � � N w.+ww„ N C O � �O N R '- � N O N O v c3 Q � � C O � U � GC G O U 'O �' � .� L � � � V ,�,..,.,,, z � � Q � 0. � a+ �: w �_ O V � � F F o v U �a �: :a a � � a v � Q T N 3 o � 0 � � M L � O a O � � � O �. � y � m c�6 Q a' (� O O � v � � .. V] � W � � .- Ls. a� U a � y > � °- a � cC � �j -o f � � s � � F z Q UQ T 0 W C CC � O o L � Q ¢ v O � O O O N ''��' !�' 0.. � Q Q C, V] F' � c� rr. r-7 ^ � cd O N � � V] N � N N � � [/] N Cn � � _ N � (6 � _ � W N :Q "� �6 +++ww'. � � [,i,] � cC R � �l O. d � 'w i C p U � ,, U � � � E o o � � ¢ o C o ¢ o 0 0 o s �a � � a� � .� ,� � � U .o a � °�° � 0. � °�° � � � .�o M $ Q � � � W .� � c+. a o r" p� v� � .� y �c :� ° o F" � p o � � y4. R � > . _ O � � o •� U O fY F C7 C7 � O o � O 3 p F F- F U o Q o o R � a� � W F- ¢ E— U E-� F c CC 0� a rs: O W E�- a � r`n a � M ^ ^ N M Vl l� N M F �-. � z r p� M M a a � � � � O ^ N N N N N M M Q O O Q O O M � V� � U aW.� �o � �o �o �o � � � � � � .NO U � �o �o cn �.o v� � EXHIBIT "B" RESOLUTION 2009-36-R INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY,TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. ,.,. RESOLUTION NO. 2009-36 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN INTERLOCAL CUOPERATION AGREEMENT BY AND BETWEEN THE CTTY OF PLANO,TEXAS,THE CITY OF ALLEN,TEXAS, THE CITY OF WYLIE, TEXAS, AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION l: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas, for a Joint Radio Communications System, attached hereto as Exhibit"A". SECTION 2: This Resolution shall take effect immediately upon its passage. ...� � DULPY PASSED AND APPROVED by the City Council of the City of Wylie, this the 8`n day of December, 2009. � Eric Hogue, Ma ATTEST TO: `� °� �� r / • `~�((/!'��r�" l� C Carole Ehrlich City Secretary , : ���'�►• � 'Aiq��� .... ...�.�� RESOLUTION NO.2009-36(R) Interlocal Cooperative Agreement Joint Communication System 563458-1 AGREEMENT BETWEEN THE CITY OF PLANO,TEXAS, AND THE CITY OF ALLEN,TF.XAS,THE CITY OF WYLIE,TEXAS AND THE CiTY OF MURPHY,TEXAS FOR JOINT RADIO CONIMUIVICATIONS SYSTEM This Agreement is made between the CTTY OF PLANO,TEXAS,a home-rule municipal corporation {hereinaf�er referred to as "Plano'�, the CTTY OF ALLEN, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Allea'�, th� CITY OF WYLIE, TEXAS, a home-rule municipal corporation (hereinafter refezred to as "Wylie'�, and the CITY OF MURPHY,TEXAS,a home-rule municipal corporation(hereinafter referred w as "Murphy'� as follows: WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, suthorizes govemmental entities to contract with each other to perForm government functions and services under the terms thereof;and WH�REAS,Plano, Allen,Wylie and Murphy (hereinafter each individually refened to as "Party" and collectively ref�rred to as"Parties'� are political subdivisions within the State of Texas and are all engaged in the provision of governmental services for the benefit of their citizens;and WHEREAS, the Parties desire to enter into an interlocal agreement for the use of the "`�'rv Plano/Allen jointly owned radio system pursuant to Chapter 791 of the Texas Govemment Code (the"Agreement");and WHEREAS, the Parties have current funds available to satisfy any fees and costs required pursuant to this Agreement. NOW,THEItEFORE,the Parties,for and in consideration of the recitals set forth above and terms—an�con�ifions�elow,agree as follows: I.TERM This Agreement shall be automatically renewed annually for a period of ten(10)years in order to allow each Party the opportunity to recover its investment, unless teiminated earlier as provided herein. II. PURPOSE The purpose of this Agreement between Allen and Plano identifies rules for future Infi�astivcture Members. These rules, along with the tera�s spelled out in the Plano/Allen II.A attached hereto as Exhibit "A", address Wylie and Murphy's obligatians in the jointly owned radio system. The cities of Murphy and Wylie will be exempi from user fees associated with leased airtime on the new radio system.Murphy and Wylie will jointly fund a radio technician as indicated in this document. The cities of Allen and Plano reserve the right to seek additional airtime lease subscribers from other municipal and private agencies within the corporate limits of '��. Wylie and Murphy. The revenue from any such additional subscribers will be held by Plano and Allen and used to support the jointly owned radio system infrastructure. AGREEMENT PAGE1 c:ldocuments and seCinpsklebrae.planoMy documentslpawm aflreamentfinal.doc(5-18-09) III.OBLIGATIONS OF TSE PARTIES A. INFRASTRUCTURE The cities of Murphy and Wylie each agree to build a radio communications site in their respective cities. The radio sites will be constructed concurrently with the Plano/Allen sites, according to the specifications identified in the Plano Request for Proposal attached hereto as Plano/RCC F.xhibit"B".The estimated cornpletion date is December 2010. Each site will house transmitters and receivers as well as microwave backhaul for the purposes of simulcasting the Plano/Allen joint radio syst�em. The cities of Murphy and Wylie also ag�ree w utilize either a water tower or radio communications tower of sufficient height to facilitate the system operation. Each city also agrees to install the infrastructure equipment in a hardened shelter with either emergency generator backup power along with uninterrupttble power supplies (LTPS)or battery bank system.The hardened shelter and back-up power system shall also be installed concurrenfly with the new radio site. Shelter and power specifications will be supplied to the cities by the city of Plaao as needed. All equipment purchased by each city will be individually owned and maintained by the purchasing member. B. SUBSCRIBER i1NITS-MOBILE AND PORTA.BLE RADIOS The cities of Murphy and Wylie may utilize any vendor of P-25 compliant radios they choose.The cities of Murphy and Wylie are responsible for all soflware and hardware required to `�`" progism these subscriber units should they choose a different manufacturer from the cities of Ailen and Plano.Each city is responsible far the service agreement covering its subscriber units. G JOINTLY FUNDED SYSTEM TECHrTICIAN In exchange for waiver of user fee�histbi`"ically ch�s`ged to each agency for-the use ofthe Plano/Allen radio system, the cities of MurQhy and Wylie agree to each fund one half(%z) of an additional radio system technician separate from the Plano/Allen technician.The cities of Murphy and Wylie also agree to share equally in the cost of the service vehicle enabling the iechnician to perform daily tasks. The city of Plano will perform routine maintenance on the jointly funded technicians' vehicle such as oil changes and inspections through the city of Plano's Equipment Services Division. Fstimated annual raises for the technician shall not exceed 3% of gross salary allotted for the position. The City of Plano will invoice the cities of Murphy and Wylie azmually for the salary of the jointly funded technician. The invoice will include any overtime expenses associated with on-call activities or other radio system related repairs. The function of this technician is to substitute for the cost of a manufaciurer's maintenance agreement The first invoice will begin on October 1, 2010. The technician will perform the duties of system maintenance, alarm monitoring and emergency call-out functions for all members of the jointly owned Plano%Allen radio system.The technician will be stationed at the Plano radio shop and will be dispatched to jobs in a prioritized manner.The technician will be an employee of the City of Plario. Plano shall be responsble for the hiring, supervising and performance evaluation of the technician. AGREEMENT PAGE 2 c��documenLs and settfnasldebrae.clanoVnv documents�cawm aareementflnal.doc(5-18-09) D. PLANO/ALLEN SERVICES The cities of Plano and Allen each cturently fund one half(%:)share of a radio technician. This person is responsible for all prograinmuig of subscriber radios and basic system maintenance. The city of Plano funds a radio system manager,radio system coordinator and an administiative assistant as well as a 4000 sq. $. radio shop facility. The Plano/Allen funded system technician and the jointly funded Wylie/Murphy system technician will share on-cal] duties for the Parties The city of Plano also stocks an emergency communications trailer with crank up radio tower,an ACU patching device and a cache of two-way radios for emergency use. Infrastructure members shall have access to use these services. E. RADIO SHOP The city of Plano operates a radio shop for the mutual her►efit of all users of the radio system.The radio shop provides day-taday system administration as well as centralized shipping and receiving for all mobile and portable repairs. VJhen radios return from repair,the radio shop verifies their operation and prograsns the unit as required.The radio shop offers a drive-up service to assist in troubleshooting radio issues in vehicles. F. HOURS OF OPERATION ""''"` The radio shop is generally open Monday-Friday, from 7 a.m. to 4 p.m. If service is required after hours,the on-call technician will respond. The radio shop will establish an on-call rotation of technicians for the mutual benefit of the Parties. These technicians will be a Plano technician,jointly funded Plano/Allen technician or the Murphy/Wylie fimded technician. After hours,responses shall be limited to service affecting system-wide in&astructure or priority-restore items at dispatch centers, fire station alerting, at the sole discretion of the Plano Radio Manager. Mobile and portable service is not available after hours or weekends. IV.PAYMENTS DUE All payments for expenses incurred as a result of the perforn�ance of this Agreement shall be made only from current revenues legally available to each respective Pariy. The City of Plano will invoice Parties for payments due at the beginning of each fiscal year for which payment must be remitted within thirty(30)days of receipt of invoice. The Parties herein recognize that the continuation of any contract after the close of any given Sscal year, which fiscal year ends on September 30th of each year,shall be subject to each Pariy's City Council approval. In the event that aay of the Parties' City Councils do not approve the appropriation of funds far this Agreement, the Agreement shall terminate at the end of the fiscal year for which funcis were appropriated and the Parties shall have no further obligations hereunder. V.TERMINATION Ttus Agreement may be terminated upon one {1)-year written notice from the Party seeldng termination to the other Parties. AGREEMENT PAGE 3 r�rinr�,mnnta anct�ev,ttina�kiehrae.nianoVnv documentaloawm aareementfinal.docl5-18-091 The Party terminating this Agreement shall reimburse the remaining Parties for reconfiguring of the system, including, but not limited to microwave realigmnent and licensing fees. No refund shall be given for the technician's salary for the year. VI. DISPUTE RESOLUTION In the evezrt of a dispute regarding any aspect of this Agreement,the dispute shall be sent first to the Coordinating Coinmittee for resolurion and the Coordinating Committee shall act as mediator.If the Coordinating Committee is unable to agree on a resolution,then the dispute shall be referred to a joint meeting of the City Managers of each of the Parties.If the dispute continues to remain unresolved after this process, the Parties shall refer the dispute to outside non binding mediation for resolution prior to engaging in litigation. All Paities shall share equally in the cost of a certified mediator and each Party shall be responsible for their own atLorney fees. VII. GOVEF�NII�NTAL FUNCTTON The Parties l�ave deternuned by their execution of this Agreement that this Agreement and the obligations of the Parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation Act,and participation in this Agreement by one Party shall not be construed as creating any lrind of agency relationship, partnership, or joint enterprise between the Parties. VIIL RELEASE AND HOLD HARMLESS TO THE EXTENT PERNIITTED BY LAW,EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST, TO RELEASE, AND TO HOLD HARMLESS THE OTHER PARTY AND ITS RESPECTIVE OFFICL�I.S, OFFICERS, AGENTS,EMPLOYEES, IN BOTH TSEIR PUBLIC AND PRIVATE CAPACIT'IES, FROM ANY AND ALL LIABII,ITY, CLAIMS, SUITS, DEMANDS, LOSSES, DAMAGES, ATTORNEYS FEES, INCLUDING ALL EXPENSES OF LITIGATION OR SETTLEMENT, OR CAUSES OF ACTION WHICH 1VIAY ARISE BY REASON OR INJ(JRY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH TSIS AGREEMENT. IN THE EVENT THAT A CLAIM IS FILED, EACH PARTY SHALL BE RESPONSIBLE FOR 1TS PROPORTIONATE SHARE OF LIABILITY. ALI.EN,WYLIE AND MURPHl'AGREE TO WAIVE ALL CLAIMS AGAIl�iST AND HOLD HARMLESS PLANO AND ALLEN IN T'HE EVENT OF EARLY TERMIIVATION OF 1'�AGREEMENT. IX.IIVIlVI[JNITY In the execurion of this Agreement, none of the Parties waive, nor shall be deemed hereby to have waived any immunity or any legal or equitable defense otherwise available against claims arising in the exercise of govcrnmental powers and functions. By entering into this Agreement,the Parties do not create any obligations,express or implied,other than those set forth herein, and this Agreemtat does not create any rights in parties who are not signatories to this Agreement. AGREEMENT PAGE 4 c�wacuments and settinasldehrae.ofanoMv documentsloawm aoreementllnal.doc(5-18-09) X.ASSIGNMENT AND SUBLETTING Wylie and Murphy agree to retain conl�ol and to give full attention to the fulfillment of tlus Agreement, that this Agreement will not be assigned rn sublet without the prior written consent of the Parties, and that no part or feature of the work will be sublet to anyone objectionable to the Parties. Wylie and Murphy further agree tvat the perforrnance of this Agreement shall not relieve Wylie and Murphy from its full obligations to Plano and Allen as provided by this Agreement XI.ENTIItE AGREEMF•NT � This Agreement represents the entire and integrated agreement between Plano, Allen, Wylie and Murphy and supersedes all prior negotiations, representations and/or agree�ments, either written or oral between Plano/Allen and WylieJMurphy. This Agreement may be amended only by written instivtr�ent signed by Plano,Allen and Wylie and Murphy. XII.NOTICES Unless notified otherwise in writing,all notices aze required to be given to either Party in writing and delivered in pe�son or send via certified mail to the other Party at the following respective addresses: Plano Representative: Allen Represeniative: '�`�� CTTY OF PLANO CTTY OF ALLEN I}irector of Public Safety Cluef of Police Coaununications Allen Police Department 1520 K Avenue,Suite O10 205 W.McDermott Plano,Texas 75074 Allen,Texas 75013 (972)941-7930 (214)509-4200 Wylie Representative Murphy Representative C1TY OF WYLIE CTTY OF MURPHY 200Q Hwy. 78 North 206 N.Murphy Road Wylie,Texas 75098 Murphy,Texas 75094 JaII.AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officers and/or agents of the Parties hereto are the properly authorized officials or representatives and have the necessary authority to execute this Agreement on behalf of the Parties hereto. XIV.SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contraty to the law or m�" contrary to any rule or regulation having the force and e�'ect of the law, such decisions shall not affect the remaining portions of the Agreement. Iiowever, upon the occurrence of such event, either Party may terminate this AgreeTnent by giving the other party thirry (30) days written notice. AGREEMENT PAGES r.•Wnr�unwnta and cattinnalel�rae nlannMv dm�mwntalnawm aereamwntfinal dnc/5-'Ifi-091 XV.VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. The Parties agree that this Agreement shali be enfomeable in Collin County, Texas, and if legal and necessary, exclusive venue shall lie in Collin County,Texas. XVI.INTERPRETATION OF AGREEMENT Although this Agreement is drafted by Plano,this is a negotiated document. Should any part of this A�eement be in dispute,the Parties agree that the Agreement shall not be conshvcted more favorably for any of the Parties. XVII.REMEDIES No right or remedy granted hereia or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No cove�ant or condition of this Agreement may be waived without the express written consent of the Paities. It is further agreed that one (1) or more instances of forbearance by eithez Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XVIII.SUCCESSORS AND ASSIGNS � The Parties each bind themselves, their respective successors, executors, administrators, and assigns to the other Pariy to this contract. Neither Party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other Party. No assignment,delegation of duties or subcontract under this Agreement will be effective without the written consent of all Parties. EXECIJTED on the dates indicated below: CITY OF ALLEN,TEXAS DATE � •• 1 9 BY:-�P��ix �� d1��l�r7' .� J(�uuaa�i� City Manager APPROVED AS O FORM: 4. �(Z P G. 'th,Ci Attorney AGREEMENT PAGE 6 r.•1rinroimwnts anrf cwttinneWahraw nlann�mv dnr��manL¢lnawm aarwwmantfinal rinrl5-1fi-091 CITY OF WYLIE,TEXAS � cL DATE :Z BY: � Mindy City Manager APPROVED AS TO FORM: Cour�ey K 1 CITY OF MURPHY,TEXAS . DATE , t�. �oe 1 B : J es Fish `""" �ty Manager APPROVED AS TO FORM: i.�✓���? � Be.�h�ttfi . w.�s� CTTY OF PLANO,TEXAS DATE ��/d 3 0 B • �r+�o� Thomas H.Mu enbeck City Manager PROVED S TO FORM: � � � . etherbee,City Attorney AGREEMENT PAGE 7 �•t�nr��mwnt�anrl r.wttinnwlrlwhrae nlannlmv documents�oawm aareementflnal.doc(5-18-09) ACKNOWLEDGMENTS STATE OF TEXAS � COUNTY OF COLLIN § �� ���� � This instcument was aclrnow ged before me on the°�ay of 20Q� by , City Manager for the City of Allen, Teaas, a home-rule municipal corporation,on behalf of such municipal corporation. r �� l� � Notary Public,State of Texas SARAIiE.ALtEN STATE OF TEXAS § ��'��� § MyCanrnipbn E�es 11•21�10 COUNTY OF COLLIN § This instrument was aclaiowledged before me on the`��ay of , 20�° by MINDY MANSON, City Manager for the City of Wylie, Texas, a home-rule municipal corporation,on behalf of such municipal corporation. � a��. � ��� No SAAAH EAll8�1 STATE OF TEXAS § ' Noi�►Pub�c,91�9afTe� § M�►Conrr�6pres 11•21•�10 COUNT-3�OF COLLIN § This instrument was aclmowledged before me on the'�\`'•�day of � 20�, by JAMES FISHER, City Manager for the City of Murphy, Tesas, a home-rule municipal corporation,on behalf of such municipal corporation. �� I�JvO..J�._ ���I�IVJw *o��p� STATE OF TEXAS § SAIa1Hf.Al1�l § ' ' Nolai!►Pubtc,�ala af Temoo� COUNTY OF COLLIN § MYCanmhtlonE�ll•Zl�10 This instrument was acl�owledged before me on the � day of � 20_, by THOMAS H. MUEHLENBECK, City Manager of the City of Plano, Tesas, a home-rule municipal corporation,on behalf of such municipal corporation. �1 L.VYFHIE -l�����'��j C�'l(/ �.. ��'�a�.nwon�a�"° No Public,State of Texas �� AGREEMENT PAGE 8 c:Wocuments and settinps�debrae.planolmy documentslpawm agreementfinai.doc(5-18-09)