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03-12-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday March 12, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken CALL TO ORDER INVOCATION&PLED OF ALLEGIANCE PRESENTATIONS&PROCLAMATIONS Proclamation declaring the month of March"Red Cross Month"-Ms.Karla Gray representing American Red Cross of North Texas will be accepting. CONSENT AGENDA All maths listed under the Consent Agenda are considered to be routine by the City Council and willbe estate by otion. The will not he arat i - these items. If scion is desired,' that will be removed from the Consent Agra and will be considered separately. A. Consider and act upon entering into an Interlocal Agreement with Coffin County for the development of Quail Meadow Park. Executive Summary The City of Wylie has been awarded a$101,470.00 Park Grant by Collin County for the development of the park in the Quail Meadow subdivision. The elements of the park will include handicap accessible playground equipment, walking trail, irrigation, landscaping, benches, tables, lighting and signage. The Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement.The total project cost is estimated to be$210,773.00. The City's match is derived primarily from the$40,000 in funding from the Parkland Dedication Fund and the contribution from Centex Homes valued at$66,153.00. B. Consider and act upon authorizing the City Manager to execute and award a contract to Birkhoff, Hendricks & Conway, L.L.P., in the amount of$13,000 for engineering services related to the preparation of an Emergency Water Management Plan. Executive Summary The TNRCC mandates that water providers develop an emergency water management plan.The City's plan will incorporate the plan adopted by the North Texas Municipal Water District The FY 2002 budget included$15,000 for the development of an emergency water management plan. C. Consider and act upon approval of final acceptance of the First Street and Graham Court Drainage Improvements and authorize final payment to Tri-Con Services, in the amount of $21,676.10 and accept the project as complete. Executive Summary October 2001 Council awarded a construction contract to Tri-Con Services for improvements to the drainage channel from First Street to Second Street and improvements at Graham Ct.The walk through was performed February 2,2002 and the contractor has addressed all the items identified.The total project cost is$243,761.00 INDIVIDUAL CONSIDERATION 1. Consider and act upon approval for a new Interlocal Agreement for Fire Protection Services between the Town of St.Paul and the City of Wylie. Executive Summary On January 26, 1993,the Town of St. Paul and the City of Wylie entered into an Interlocal Agreement for Fire Protection Services. Since this time,growth has dictated the need for a second fully staffed fire station located at 555 Country Club Rd.This fire station includes the City of St.Paul within its response district.The cost of operating the fire station is about $800,000 per year and with the costs of 911 communications service,it increases that amount to about 1 million dollars. This addendum will change the billing charges from a twelve thousand dollars($12,000.00)per year to sixty thousand dollars ($60,000.00), paid in three annual installments of twenty thousand dollars ($20,000.00). This is considered by staff to be the same per capita rate paid by the citizens of Wylie.The Town of St.Paul has forwarded this contract for council approval;execution by the City of Wylie is needed to complete the agreement. 2. Consider and act upon amending Section 42-37(5) of the City Code regarding hours of construction and the associated prohibited noise. Executive Summary—see agenda item. 3. Hold a public hearing to consider and act upon a revision to the Standards of Care for Youth Programs as adopted by Ordinance 2000-7. Executive Summary In the 1995 74a`Legislative Session,a bill was passed enabling municipal youth recreational programs to be exempt from the state's licensing requirement if they comply with the provisions of Senate Bill 212.As part of the requirements,the city shall hold a public hearing annually to adopt the Standards of Care. CITIZENS "AR 'ICIPA'rlON READING OF ORDINANCES TITLE At CAPTION APPROVED BY COMM,AS REQVUIED EY WNW-CITY CHARTER,ARTICLE I SECTION . EC ' VE SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551. RECONVENE INTO OPEN MEETING Take any action as a result of the Executive Session. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this ag.nda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of ,2002 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 contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 NVYLIE CITY COUNCIL AGENDA ITEM NO. A. March 12, 2002 Issue Consider and act upon entering into an Interlocal Agreement with Collin County for the development of Quail Meadow Park. Background The City of Wylie has been awarded a $101,470.00 Park Grant by Collin County for the development of the park in the Quail Meadow subdivision. The elements of the park will include handicap accessible playground equipment, walking trail, irrigation, landscaping, benches, tables, lighting and signage. The Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement. Other Considerations The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. Financial Consideration The total project cost is estimated to be $210,773.00. The City's match is derived primarily from the $40,000 in funding from the Parkland Dedication Fund and the contribution from Centex Homes valued at $66,153.00. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Interlocal Agreement with Collin County. Attachments Interlocal Agreement / e epared y ' evie by Finance City M Approval INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the improvements to a municipal park facility adjacent to the Quail Meadow subdivision at FM 1378 (the "Project") in Wylie, Collin County, Texas; and WHEREAS,the Interlocal Cooperation Act(Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW,THEREFORE,this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to the municipal park facility, hereinafter called the "Project". The Project shall consist of fully handicap accessible park facility,playground equipment, walking trail, irrigation, landscaping, benches, tables, lighting, and signage. All improvements shall be in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. The City will acquire no real property in the vicinity of the improvements for use as right-of-way. 1 ARTICLE IV. The City estimates the total actual cost of the project to be $210,773.00. The County agrees to fund a portion of the total cost to construct the improvements in an amount not to exceed $101,470.00. The County shall reimburse the City for invoices submitted by the City for cost related to the Project. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE V. If the total cost to construct the Project exceeds the amount estimated in Article IV above, the County and City shall share the excess costs, However, the County's participation in the Project shall not exceed$101,470.00. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred upon Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other(and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits,judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is 2 performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law,the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement,the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement hall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Ron Harris Title: Title: County Judge Date: Date: Executed on this day of 3 2002,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Name: Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of pursuant to City Council Resolution No. 4 WYLIE CITY COUNCIL AGENDA ITEM NO. B . March 12, 2002 Consider and act upon authorizing the City Manager to execute and award a contract to Birkhoff, Hendricks & Conway, L.L..P., in the amount of$13,000 for engineering services related to the preparation of an Emergency Water Management Plan. Background The Texas Natural Resources Conservation Commission(TNRCC)mandates that water providers develop an emergency water management plan. The plan will access the water system's vulnerability to drought and define criteria for initiating or terminating drought response measures. The drought response measures may include such items as curtailment of non-essential uses, rationing, and alternative water sources which are triggered by the limitations of the City's water system and the water demand. The City's plan will incorporate the plan adopted by the North Texas Municipal Water District. Financial Considerations The FY 2002 budget included$15,000 for the development of an emergency water management plan. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Authorize the City Manager to execute and award a contract to Birkhog Hendricks & Conway, L.L.P.,in the amount of$13,000 for engineering services related to the preparation of an Emergency Water Management Plan. Attachments Engineering services agreement from The Hogan Corporation. Prepared by Revie by inane City Manager roval BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEEIt.S 7502 Greenville Ave.,#220 Dallas,Teuas 75231 Fax(214)361-0204 Phone(214)361-7900 ICH\'V.;3II,K TOFF P.G RONALD V.C(NW:'Y.P GARY C. IEN[RICKS P.::. JOE R.CF.1�F.I ,P.E: PAUL a.CA3L NE, '.E. MATT HICKE} P.E. February 4,2002 ROSS JA('O; S, E. I.C.FINE L.I A,P.E. Mr ('hri 3 Hoisted, P.E. City ?ngineet City yf Wylie 2000 H11;1-way 78 N. Wvli 'I exas 75098 Re: Digit-leering Services Agreement Emergency Water Management Plan I)eaJ MJ. Ho.stcd: In rvices to the ion of an E ae cor-geacyce wcrier your request,Plan propose EWMP) for the furnish C City of Wylie.eThe plan will be based on current Texas Lrae.ge.ncy Water Management N ,h ral Resources Conservation Commission requirements. The scope oi'services will include the following: ?rel rnillaJ�_hwestigations 1. [nvc;stigate the current regulations regarding Emergency Water Management Plans from the Texas Natural Resources Conservation Commission (r:NRCC). 2. Inv.stigate Emergency Water Management Plans for the North Texas Municipal Water District, the City of Lewisville and other regional cities. Pre sari tion of Preliminary Plan 1 Meet with City Staff to review TNRCC Emergency Water Management Plan requirements and various asr ects of the current plans for NTMWD, Lewisville and other regional cities. 2. Pro pare a preliminary Emergency Water Management Plan based on the meeting with City Staff. 3. Provide the City with five copies of the preliminary Emergency Water Management Plan. Prc par ition of Final Plan 1. Meet with City Staff and NTMWD to discuss the preliminary Emergency Water Management Plan. 2. Prepare a Final Emergency Water Management Plan for submittal to the TNRCC for review. 3. Assist the City in response to TNtRCC review comments. L. M rke final revisions and provide five copies and the electronic document files of the final EWMP to the Mr. t'h is hoisted, P.E. Engi ie!ring Services Agreement Eme gi ncy Water Management Plan Fehr.ta y 4. 2002 Cot if cnsition for the services described shar be based on a lump sum amount of$13,000. Invoices will be sub n ltec, on « monthly basis with the percen Age of project completion. We have budgeted 120 hours for there ;er"ices. If y of co cur with this proposal please have one copy of this letter agreement executed by the City of Wylie anti r !turn it to us. We will commence the services upon receipt of the executed letter agreement. We 1 iok forward to assisting the City of Wylie on tliis project and are available for discussion at your cory'nience. Sincerely yours, Joe R. Carter,P.E. A Pl'ROVED FOR THE CITY OF W`t LIE Ey — -- - WYLIE CITY COUNCIL AGENDA ITEM NO. C . March 12. 2002 Issue Consider and act upon approval of final acceptance of the First Street and Graham Court Drainage Improvements and authorize final payment to Tani-Con Services,in the amount of S21, 76.10 and aceept the project as complete, Background On October 9,2001 the Wylie City Council awarded a construction contract to Tri-Con Services for improvements to the drainage channel from First St.to Second St. and improvements at Graham Ct. The First St. improvements include the construction of a concrete lined drainage channel to Second St.,and the Graham Ct.project includes grading work along the north side as well as inlets and storm sewer piping crossing Graham Ct. The walk through was performed on February 1, 2002 and the contractor has addressed all of the items identified. Financial Considerations The 1999 Drainage Bonds included $175,000 for the First St. improvements and $7,500 for the Graham Ct. improvements. Excess funds from the Stone Rd. drainage improvements have been applied to the project. Eight sewer service lines not originally identified in the project were replaced along the drainage channel due to the poor condition of the service line material. Final quantity adjustments have brought the total for the construction of the drainage improvements to$216,761.00. The engineering fees for the project were$27,000 for a total project cost of$243,761.00 Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board/Commission Recommendations N/A Staff Recommendations The Engineer and Staff recommends final acceptance ofthe project and issuing final payment to Tri- Con Services in the amount of$21,676.10. The contractor has satisfactorily fulfilled the terms ofthe contract. Attachments Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety Prepared by Revie 0 by Finance ' City Manage proval MONTHLY PAY ESTIMATE:4TH&FINAL DATE: FEBRUARY 11,2002 PROJECT:FIRST STREET AND GRAHAM COURT DRAINAGE WYLIE,TEXAS ESTIMATE NO:4&FINAL Total contract work to date $216,761.00 ORIGINAL CONTRACT AMOUNT:$204,911.00 $204,911.00 Less Retainage 0% $0.00 Less Previous Payments $195,084.90 Amount Due This Estimate $21,676.10 City of Wylie Binklev&Barfield.Inc.Consulting Engineers Signed: Signed: Title: Title: Date: Date: Contractor:Tri-Con Services Signed: Title: Date: j/1'/. 1 PROJECT:FIRST STREET&GRAHAM COURT ESTIMATE NO:4&FINAL DATE:1/25/02 WYUE,TEXAS - CONTRACTOR:Tri-Con Services,Inc. 3010 W.Main Street Rowlett,TX 75088 ORIGINAL CONTRACT:$204,911.00 CONTRACT PREVIOUS ESTIMATE TOTALS THIS ESTIMATE 1 OTAL 10-DA fE ITEM I DESCRIPTION UNIT UNIT CONTRACT TOTAL TOTAL TOTAL % QUAN. AMOUNT % TOTAL TOTAL % SCHEDULE"A"FIRST STREET PRICE QUANTITY AMOUNT QUANTITY AMOUNT _ QUANTITY AMOUNT 1A Preparation of Right-of-way LS $30,000.01 1 $30,000.00 1 $30,000.00- $0.00 0.00% 1 $30,000.00 100.00% 2A Remove Concrete Rip Rap S Y $15.00 137 $2,055.00 274 $4,110.00 $0.00 0.00% 274 $4,110.00 200.00% 3A Remover Concrete Curb LF _ $10.00 21 $210.00 21 $210.00 $0.00 0.00% 21 $210.00 100.00% 4A 6"Sanitary Sewer Steel Encasement LF $50.00 58 $2,900.00 60 $3,000.00 $0.00 0.00% 60 $3,000.00 103.45% 5A 8"Sanitary Sewer Steel Encasement LF $50.00 44 $2,200.00 50 $2,500.00 $0.00 0.00% 50 $2,500.00 113.64% 6A Chain Link Fence LF ,- $10.00 1453 $14,530.00 1167 $11,670.00 $0.00 0.00% 1167 $11,670.00 80.32% 7A 6"Concrete Rip Rap _S Y $50.00 2112 $105,600.00 2112 $105,600.00 $0.00 0.00% 2112 $105,600.00 100.00% 8A 6"Concrete Ramp S Y $50.00 46 $2,300.00 46 $2,300.00 $0.00 0.00% 46 $2,300.00 100.00% 9A Variable Height Concrete Retaining Wall LF $60.00- 32 $1,920.00 32 $1,920.00 $0.00 0.00% 32 $1,920.00 100.00% 10A Removeable Bollard EA $200.00 1 $200.00 $0.00 $0.00 0.00% 0 $0.00 0.00% 11A Erosion Control LS $1,500.00 1 $1,500.00 1 $1,500.00 $0.00 0.00% 1 $1,500.00 100.00% 12A Hydromulch Seeding _S Y $1.25 1000 $1,250.00, 1000 $1,250.00 • $0.00 0.00% 1000 $1,250.00 100.00% ADDITIONAL WORK $0.00 $0.00 4"Service line w/double cleanouts EA ' $1,500.00_ 8 $12,000.00 $0.00 100.00% 8 $12,000.00] 100.00%1 SUBTOTAL FIRST STREET I ' $164,665.00 1-----11 $176,060.001 •17•,060.00 SCHEDULE"B"GRAHAM COURT 1B Remove&Replace 8"Concrete Pavement S Y $70.00 43 $3,010.00 21.5 $1,505.00 43 $3,010.00 100.00% 64.5 $4,515.00 150.00% 2B Unclassified Channel Excavation LS $10,000.00 1 $10,000.00 1 $10,000.00 $0.00 0.00° 1 $10,000.00 100.00% 3B Construct Earth Berm LS $4,000.00 1 $4,000.00 1 $4 600.00 $0.00 0.00°_ 1 $4,000.00 100.00% 4B Construct 10'Curb Inlet LS $3,000.00 1 $3,000.00 1 ,000.00 $0.00 0.00' 1 $3,000.00 100.00% 58 4'Curb Inlet EA $2,000.00 1 ' $2,000.00 1 $2,000.00 $0.00' 0.00'• 1 $2,000.00 100.00% 6B Furnish&Install 18"RCP LF $75.00 136 $10,200.00 122 $9,150.00 $0.00 0.00% 122 $9,150.00 89.71% 78 Furnish&Install Type'B"Headwall EA $2,000.00 2 $4,000.00 2' $4,006.00 $0.00 0.00% 2 $4,000.00 100.00% 88 Furnish&Install 8"Thick Concrete Weir LF $50.00 7 $350.00 7 $350.00 $0.00 0.00% 7 $350.00 100.00% 9B Trench Safety Design EA $400.00 1 $400.00 1 $400.00 $0.00 0.00% 1 $400.00 100.00% 108 Trench Safety Design LF $1.00 136 $136.00 136 $136.00 $0.00 0.00% 136 $136.00 100.00% 1113 Hydromulch Seeding S Y $1.00 3150 I 53 150.00 1.1° 3150" $3,150.00 100.00% 3150 $3 150.00 100.00% SUBTOTAL GRAHAM COURT I' $40,246.001J .34,541.00 C $6,160.00r• I JTs,701.00 $204,911.00 $210,601.00 $6,160.00 $216,761.00 WYLIE CITY COUNCIL AGENDA ITEM NO. March 12, 2002 Issue Consider and act upon approval for a new interlocal Agreement for Fire Protection Services between the Town of St..Paul and the City of ylie. Background On January 26, 1993, the Town of St. Paul and the City of Wylie entered into an Interlocal Agreement for Fire Protection Services. Since this time,growth has dictated the need for a second fully staffed fire station located at 555 Country Club Rd. This fire station includes the City of St.Paul within its response district. The cost of operating the fire station is about$800,000 per year and with the costs of 911 communications service, it increases that amount to about 1 million dollars. This addendum will change the billing charges from a twelve thousand dollars($12,000.00)per year to sixty thousand dollars($60,000.00),paid in three annual installments of twenty thousand dollars ($20,000.00). This is considered by staffto be the same per capita rate paid by the citizens of Wylie. The Town of St. Paul has forwarded this contract for council approval; execution by the City of Wylie is needed to complete the agreement. Other Considerations ARTICLE II; SECTION 1-C of our City Charter states"The city shall have the power: To cooperate with the government of the United States or any agency thereof, the government of Texas or any agency thereof, or with the government of any county, city or political subdivision for any lawful purpose for the advancement of the interests, safety, convenience and welfare of its inhabitants." Financial Considerations The dates of the new Interlocal Agreement will be October 1, 2001 u ough September 30, 2002. This contract will be paid retroactively back to the start date ofthe addendum. An estimated increase of forty-eight thousand dollars($48,000)will be seen over the year. Board/Commission Recommendations N/A Staff Recommendation Staff recommends that Council approve the proposed Interlocal Agreement for Fire Protection Services between the City of Wylie and the Town of St. Paul. Attachments Original Rapier&Wilson, P.C. letter Original Interlocal Agreement for Fire Protection Services between the City of Wylie and the Town of St. Paul, signed by Joyce Pockrus, Mayor of Town of St. Paul and their City Secretary, Marie Finley Chief Shan. A. English Prepared by evi d by Finance City onager royal Feb 20 02 09: 46a P. 3 FE13-19-2002 TUE 06:15 PM RAPIER WILSON FAX Na 9727274273 P. 02 RAPIER & WILSON, P.C. ArroRNfrNdTL.tw (UiW MCDEMNOT ,ALLEN,TUAc75(113.2782 TE.1.ttNONk:(972)727-9904 MO)&31-i l LG JAMES W.WI Lion'.J.D. FACRMIf.;(972)727'4275 .MAIL'wklson41taimiwalcol.corrt February 19, 2002 Bitt Johnson V A FACSIMILE 972-442.4302 Wylie City Administrator AND REGutaR U.S.MAIL 2000 N. Hwy. 78 Wylie,Texas 75098 RE: Town of St. Paul Dear Sift Enclosed for your review and comment is a proposed Interiocal Agreement for Fire Protection Services(Draft 1). It is based on the previous agreement between St.Paul and Wylie. Please contact me at your convenience to discuss whether the proposed agreement is acceptable to the City of Wylie. By copy of this letter, I am also forwarding a copy of the proposed agreement to Richard Abernathy, Wylie City Attorney. Feel free to call me if you have any questions or concerns ery rly oull Jam-s , . ' ilsor�, _ Attorney at Law JVV/bn enclosures :..,..wiwr,....r.�rr..xrsr.w..mn.naw.+,•.roua:.�.r,.,..n....wc t rw.w.T cc: Richard Abernathy.Wylie City Attorney VIA FACSIMILE 214-44.4040 Marie Finley. Secretary Town of St. Paul 2200 McCree St. Paul,Texas 75098 EDRArr lit 432 INTERLOCAL AGREEMENT DATE: BETWEEN CITY OF WYLIE AND TOWN OF ST. PAUL, Prepared by FOR FIRE PROTECTION SERVICES Rapier& Wilson, P.C. Attorneys at Law This Interlocal Agreement for Fire Protection Services effective as of the 1'day of October 2001, by and between the City of Wylie, Collin County, Texas ("Wylie"), acting herein by and through its Mayor as authorized by resolution of the Wylie City Council, and the Town of St. Paul, Collin County, Texas ("St. Paul"), acting herein by and through its Mayor as authorized by resolution of the St. Paul Town Council. WHEREAS,the City of Wylie Fire Department(the"W.F.D.")currently provides fire protection service within the corporate limits of the Town of St. Paul, Collin County,Texas; WHEREAS,St.Paul desires Wylie to continue providing such fire protection service to the St. Paul and its citizens; and WHEREAS,Wylie desires to continue providing fire protection service to St. Paul; NOW THEREFORE, in consideration of the following mutual promises and covenants, the Wylie and St. Paul do hereby agree to the following: 1. Scope of Fire Protection Service. Wylie agrees to be the primary provider of twenty-four(24)hour fire protection service to St. Paul including,but not limited to,grass fires, structure fires, motor vehicle accidents,false alarms, and first response emergency medical and rescue services. Wylie agrees that the fire protection service provided to St. Paul by the W.F.D. will meet or exceed all equipment and service standards established by the Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas Government Code. 2. Term of Agreement. (a) The Initial Term of this agreement begins October 1, 2001 and ends September 30, 2002 (the "Initial Term"). INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES-Page 1 DRAFT 2 F.'MUWlpatlea4$ Paul.TOWnoNndrkcal/lpnemerftFte Protedbu-WM4 W`2002 FpnenenM,re M•Fin Pnlstivr....ealOraM121.wd (b) Beginning October 1, 2002,this agreement shall automatically renew for successive one (1) year periods (the "Renewal Terms") unless terminated by either party in accordance with Paragraph 12 below. 3. Cost of Fire Protection Service. Until such time as this agreement is terminated or modified by the parties in accordance with Paragraphs 12 or 13 below, St. Paul agrees to pay Wylie the sum of SIXTY THOUSAND AND NO/00 DOLLARS ($60,000.00) annually for providing fire protection service to St. Paul (the "Annual Fee"), which Wylie agrees is a reasonable fee for such fire protection service, according to the following payment schedules: (a) during the Initial Term of this agreement, the Annual Fee will be paid in three (3) equal installments of$20,000.00 on or about the first(1 ) day of April, June and August of 2002. (b) during each Renewal Term of this agreement, the Annual Fee will be paid in three (3) equal installments of$20,000.00 on or about the first (1sr) day of October, February and June. 4. St. Paul agrees that the acts of any person or persons dispatched by Wylie in response to a fire protection call, traveling to or from said calls, or in any manner furnishing fire protection service to St. Paul, outside the city limits of Wylie, shall be considered as the acts of agents of St. Paul in all respects, notwithstanding such person or persons may be regular employees, firemen or independent contractors of Wylie, and St. Paul agrees to indemnify and hold Wylie harmless from any and all liability, loss or damage that Wylie may suffer as a result of claims, demands, costs (including attorney's fees), judgments or any other action against Wylie arising out of or in conjunction with Wylie providing fire protection service to St. Paul. INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES-Page 2 DRAFT 2 f W unb4NmKL9t.Paul.Town aPanwoea.Ap nmwb+Fir.ProtP9bn+N,Y F01Z002 AanartmrlNc na..fin PrrJva9m Savca(Daft 2tJM 5. Wylie agrees to hold St. Paul harmless in the event of accident, personal injury, property damage or death related to Wylie's performance under this agreement. 6. it is expressly agreed and understood by the parties hereto that the availability of personnel and equipment for fire protection service, as well as the number of personnel and the amount of equipment to be sent, if any, in the event of the need for fire protection service by St. Paul, shall be left to the discretion of the W.F.D. Fire Chief. Fire protection service by Wylie shall not be arbitrarily withheld, but it is understood by the parties hereto that unforeseen irregular circumstances may arise which prevent Wylie from providing service at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen irregular circumstances arising, if such should arise. Wylie agrees that it will not unreasonably withhold fire protection service, personnel, or equipment for the exclusive use of any person, group or city, and further agrees that if it is unable to provide fire protection service to St. Paul at any particular time, Wylie will use its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider. 7. It is understood and agreed by the parties hereto that if, for reasons stated in Paragraph 6 above, Wylie does not furnish personnel and/or equipment for fire protection service outside of its corporate limits, although notified of the need for such service, that Wylie shall not be liable in damages or otherwise for the failure to furnish same provided Wylie used its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider, and St. Paul enters into this agreement with this understanding. 8. St. Paul agrees to provide the W.F.D. with a current town map, updated as necessary to reflect new residents or the addition of new territory. INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES-Page 3 DRAFT 2 F:'JdunuPaWaalSL Paul.Twm ofademtlAgmmrbfk.P!aaceon-W FJYCOQ Agron..*AVasme Fue VmsWnS.rrtr/pral2Sw%o 9. Wylie is not prohibited by this agreement from charging fees to any citizen of St. Paul using such fire protection services as may be provided for by ordinance of the City of Wylie, Texas. 10. Wylie agrees that the W.F.Q. will provide St. Paul with copies of TXFIR reports on all fires within St. Paul no later than forty-eight(48)hours after each occurrence. 11. It is expressly understood and agreed that, in the execution of this agreement, neither Wylie nor St. Paul waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. 12. Either party may terminate this agreement at the end of the Initial Term or any of the Renewal Terms by giving the other party one-hundred twenty(120)days written notice of termination. 13. This agreement may be amended or modified by the mutual agreement of both parties in writing, to be attached to and incorporated herein as a part of this agreement. 14. This agreement shall be subject to all valid rules, regulations and laws applicable hereto, passed or promulgated by the United States of America and the State of Texas, or their authorized representatives or agencies. 15. If any section or part of any section, paragraph or clause of this agreement 'is declared by a court of competent jurisdiction to be invalid or unenforceable for any reason, such declaration shall not be held to invalidate or impair the validity, force or effect of any other section or sections, parts of sections, paragraphs or clauses of this agreement. 16. Wylie is not prohibited by this agreement from entering into similar agreements with other governmental entities or political subdivisions. INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES-Page 4 DRAFT 2 F.-'Mineipe04ea'3L Pal.Tam cMbne.Agnenr.tsF,e Pr.Yamcr,-Wfb f1710U:Agman�Mprewwa-fir Prtlemen 6amew(Pre 2).90 17. This agreement may be executed in multiple originals. CITY OF WYLIE, TEXAS John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary TOWN OF ST. PAUL, TEXAS Joyce Pockrus, Mayor ATTEST: Marie Finley, Town Secretary INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES-Page 5 DRAFT 2 F:AeuWaiaWfe.SL?euL Tare,of Io, Agr.ww W..Nat..=WY.sFD'.2a01 IO.02)was VVYLIE CITY COUNCIL AGENDA ITEM NO. . March 12, 2002 Issue Consider'and act upon amending Section 42-37 ( of the City Code regarding hours of construction and the associated prohibited noise. Background The City Code prohibits certain activities which generate loud and disturbing noise. Specifically regarding construction,the Code states that the following shall be prohibited: The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday and 12:00 noon to 6:00 p.m. on Sunday; provided, however, that the city manager or his designated representative may issue special permits for such work at other others in case of urgent necessity and in the interest of public safety and convenience. The maximum fine for violation of this provision of the Code is $500.00. Each day the violation exists constitutes a separate offense. Concern has been raised regarding the specific Code provisions and the enforcement of the Code. Options to consider include eliminating or restricting work hours on Sunday when adjacent to residential areas. Examples include: City of Frisco: Construction is not permitted between the hours of 10:00 p.m. and 7:00 a.m seven days a week within a residential or quiet zone or within 500' of a residential or quiet zone. City of Plano: Power equipment is not permitted to be operated between the hours of 10:00 p.m and 7:00 a.m., seven days a week in a residential zone or within 150' of the boundary of a residence. City of McKinney: Construction equipment is not permitted to be operated between the hours of 9:00 p.m. and 6:00 a.m., seven days a week in a residential district or within 500' of any residence or quiet zone(hospitals, schools). City of Grapevine: Construction work is not permitted between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday in a residential district or a non- residential district abutting a residential district. Two cities contacted include statements within their codes which allow the city to seek injunctive relief in addition to all other penalties. Other Considerations N/A Financial Consideration N/A ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 86-81; AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the express intent of the City. Council of the City of Wylie, Texas to control the noise level in a manner that promotes commerce and protects and preserves the quality of life and the environment; and WHEREAS, the City Council finds that noise pollution is a serious concern to all inhabitants of the community, and that it is in the best interest of the citizens of Wylie to adopt this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 42-37.(5)be amended to read: The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday; provided, however, that the city manager or his designated representative may issue special permits for such work at other others in case of urgent necessity and in the interest of public safety and convenience. That Section 42-39. Injunction Relief be added to read: In addition to and accumulative of all other penalties, Wylie shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION II Any person violating the provisions of this ordinance, or any part hereof, shall be guilty of committing an unlawful act and shall be subjec6t to the general penalty provisions of Section 1-9 of the Code of Ordinances, as the same now exists or is hereafter amended. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part of provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict therewith are hereby to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, or parts thereof; by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this the 12th day of March, 2002. By John Mondy Mayor ATTEST: Barbara Salinas City Secretary Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Ordinance P Prep ed by R • ed y Finan City Mana pproval `VYLIE CITY COUNCIL AGENDA ITEM NO. 3. Tuesday, March 12, 2002 Issue Hold a public hearing to consider and act upon a revision to the Standards of Care for Youth Programs as adopted by Ordinance 2000-7. Background In 1995,bills sponsored by Senator Jane Nelson and Representative Kenny Marchant were passed in the 74th Session of the Legislature. Based on that legislative action, municipal youth recreation programs statewide can be exempted from the state's licensing requirement if they comply with the provisions of 1995 Senate Bill 212. Financial Considerations N/a Other Considerations An annual public hearing and adoption of standards of care for the City youth programs are part of the requirements for exemption. The state law, which took effect on September 1, 1995, requires establishment of 1. Staff ratios 2. Minimum staff qualifications 3. Minimum facility, health, and safety standards 4. Monitoring and enforcement mechanisms for adopted local standards 5. A process to notify parents that the program is not licensed by the State 6. A policy that the program will not be advertised as a childcare facility Board/Commission Recommendation N/a Staff Recommendation Staff recommends the adoption of the Standards of Care in order to prepare for the upcoming summer youth program for 2002 Attachments Standards of Care for Youth Programs 2-- Prepared by eview y Finance City Man royal STANDARDS OF CARE WYLIE YOUTH PROGRAMS The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. The Standards of Care are intended to be minimum standards by which the City of Wylie Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not day care programs. GENERAL ADMINISTRATION 1. Organization A. The governing body of the City of Wylie Youth Programs is the Wylie City Council. B. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Managing Director and Departmental employees. C. Youth Programs("Program")to which these Standards of Care will apply is the Wylie Wave Summer Youth Program. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on prospective Youth Program employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses,he or she will not be considered for employment: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) any offense involving moral turpitude; (5) a felony or misdemeanor classified as DWI(driving while intoxicated) or DUI(driving under the influence); (6) any offense that would potentially put youth participants or the City of Wylie at risk. 2. Definitions A. City: City of Wylie B. City Council: City Council of the City of Wylie C. Department: Parks and Recreation Department of the City of Wylie D. Youth Programs or Program: City of Wylie Youth Programs consisting of the Wylie Wave Summer Youth Program and future youth programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Wylie Youth Programs F. Director: City of Wylie City Manager or his or her disignee. G. Program Coordinator: City of Wylie Parks and Recreation Department full-time Assistant Superintendent has been assigned administrative responsibility for the Wylie Wave Summer Youth Program H. Site Supervisor,Asst. Site Supervisor and Program Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs I. Program Site: Area and facilities where Wylie Youth Programs are held consisting of a WISD facility(i.e. Wylie Jr. High). J. Participant: A youth whose parent(s)have completed all required registration procedures and determined to be eligible for a Wylie Youth Program K. Parent(s): This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren)in the Wylie Youth Programs L. Employee(s): Term used to describe people who have been hired to work for the City of Wylie and have been assigned responsibility for managing, administering, or implementing some portions of the Wylie Youth Programs 3. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Supervisor of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the Assistant Superintendent for review and kept on record for at least two years. (2) The Assistant Superintendent will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Asst. Superintendent will make visual inspections of the Program based on the following schedule: The Wylie Summer Youth Program will be inspected twice during its summer schedule. C. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problems. The Asst. Superintendent will record complaints regarding enforcement of the Standards of Care and their resolution. Serious complaints regarding enforcement of the Standards of Care will be addressed by the City Manager(or their designee) and the complaint and the resolution will be noted. D. The Asst. Superintendent will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care. 4. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain the child's: (1) name, address,home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability waiver. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Superintendent. The Superintendent will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. A STAFFING-RESPONSIBILITIES AND TRAINING 6. Youth Program Coordinator("Coordinator") Qualifications A. Coordinators will be full-time,professional employees of the Wylie Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of this document. B. Coordinators must be at least 21 years old C. Coordinators must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation (2) Physical Education (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D. Coordinators must have two years experience planning and implementing recreational activities. E. Coordinators must pass a background investigation including testing for illegal substances. F. Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation(CPR)based on either American Heart Association or American Red Cross standards. G. Coordinator must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 7. Coordinator's Responsibilities A. Coordinators are responsible to recommend for hire, supervise, and evaluate the Site Supervisor and Leaders. B. Coordinators are responsible to plan, implement, and evaluate programs. 8. Youth Program Leader/Site Supervisor/Asst. Site Supervisor("Leader") Qualifications A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be age 16 or older;however, each site will have at least one employee 18 years old or older present at all times. C. Leaders should be able to consistently exhibit competency, good judgement, and self-control when working with children. D. Leaders must relate to children with courtesy, respect, tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Leaders must pass a background investigation including testing for illegal substances. G. Leaders must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 9. Leader Responsibilities A. The Site Supervisor is responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Leaders will be responsible to know and follow all City, Departmental, and Program standards,policies, and procedures that apply to Wylie Youth Programs. C. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Coordinators will provide each Leader with a Program manual specific to each Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS 11. Staff-Participant Ratio A. In a Wylie Youth Program,the standard ratio of participants to Leaders will be 15 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F. In instances where there is a danger to participants or staff offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants'health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor time periods include: (1) alternating active and passive activities; (2) opportunity for individual and group activities, and (3) outdoor time each day weather permits. C. Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program. (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 14. Communication A. Each Program site will have a pager/cell phone to allow the site to be contacted by City personnel, and each site will have access to a telephone for use in contacting the City personnel or making emergency calls. B. The Program Site Supervisor will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site: (1) Wylie emergency medical services and police department. (2) Numbers at which parents/staffmay be reached. (3) The telephone number for the site itself 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant must be filed with the Program Site Supervisor. B. First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. FACILITY STANDARDS 16. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Coordinator. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants'use. D. Program employees must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants'reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material. H. Program employees must have first aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to first aid and emergency care. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees'first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Asst. Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Asst. Superintendent's annual report to the Council. l l C. Each Program site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program employees. . D. Fire drills will be initiated at Program sites based on the following schedule: (1) Wylie Wave Summer Youth Program: A fire drill twice during the session. 18. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if (1) Parent(s)complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. No injections will be administered by the Program employees. (5) Program employees must ensure medications are inaccessible to participants or, Wit is necessary to keep medications in the refrigerator(when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children,but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light,ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 101 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAUL A.CARLINE,P.E. MATT HICKEY,P.E. February 4, 2002 ROSS L.JACOBS,P.E. I.C.FINKLEA,P.E. Mr. Chris Hoisted,P.E. City Engineer City of Wylie 2000 Highway 78 N. Wylie, Texas 75098 Re: Engineering Services Agreement Emergency Water Management Plan Dear Mr. Hoisted: In accordance with your request,we propose to furnish engineering services related to the preparation of an Emergency Water Management Plan (EWMP) for the City of Wylie. The plan will be based on current Texas Natural Resources Conservation Commission requirements. The scope of services will include the following: Preliminary Investigations 1. Investigate the current regulations regarding Emergency Water Management Plans from the Texas Natural Resources Conservation Commission(TNRCC). 2. Investigate Emergency Water Management Plans for the North Texas Municipal Water District,the City of Lewisville and other regional cities. Preparation of Preliminary Plan 1. Meet with City Staff to review TNRCC Emergency Water Management Plan requirements and various aspects of the current plans for NTMWD, Lewisville and other regional cities. 2. Prepare a preliminary Emergency Water Management Plan based on the meeting with City Staff. 3. Provide the City with five copies of the preliminary Emergency Water Management Plan. Preparation of Final Plan 1. Meet with City Staff and NTMWD to discuss the preliminary Emergency Water Management Plan. 2. Prepare a Final Emergency Water Management Plan for submittal to the TNRCC for review. 3. Assist the City in response to TNRCC review comments. 4. Make final revisions and provide five copies and the electronic document files of the final EWMP to the City. I:\6160 development\wylie\drought\engr-propltr.doc Mr. Chris Hoisted,P.E. Engineering Services Agreement Emergency Water Management Plan February 4,2002 Compensation for the services described shall be based on a lump sum amount of$13,000. Invoices will be submitted on a monthly basis with the percentage of project completion. We have budgeted 120 hours for these services. If you concur with this proposal please have one copy of this letter agreement executed by the City of Wylie and return it to us. We will commence the services upon receipt of the executed letter agreement. We look forward to assisting the City of Wylie on this project and are available for discussion at your convenience. Sincerely yours, cir62. Joe R. Carter,P.E. APPROVED FOR THE CITY OF WYLIE By: Date: \6160 development\wylie\drought\engr-propltr.doc CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST 03/13/2002 Date Chris Hoisted From Due Date U Return Check to Department Vendor No. Pay To: Tri•Con Services, Inc. 3010 W. Main St. Rowlett,TX 75088 Invoice Invoice Fund Dept No Object SAC Amount Number Date (XXX) (XXX) (XXXXX) (XXXX) 02/11/2002 411 000 20610 0000 $21,675.80 GRAND TOTAL $21,675.80,. Explanation: Final pay estimate for First Street drainage project authorized by Council on March 12, 2002 r l Finance Dept. Department Head MONTHLY PAY ESTIMATE:4TH&FINAL DATE: FEBRUARY 11,2002 PROJECT:FIRST STREET AND GRAHAM COURT DRAINAGE WYLIE,TEXAS ESTIMATE NO:4&FINAL Total contract work to date..... $216,761.00 ORIGINAL CONTRACT AMOUNT:$204,911.00 $204,911.00 Less Retainage 0% $0.00 Less Previous Payments $195,084.90 Amount Due This Estimate .$2+ 76 III 1- City of Wylie s 4 Binklev&Barfield.Inc.Consulting Engineers 1 Signed: Signed: Title: GI 6hy r Title: Date: 3l1 SIOZ Date: Contractor:Tri-Con Services Signed: Title: &es/of N r /C�.Date: ���� PROJECT:FIRST STREET&GRAHAM COURT ESTIMATE NO:4&FINAL DATE:1/25/02 WYLIE,TEXAS CONTRACTOR:Tri-Con Services,Inc. 3010 W.Main Street Rowlett,TX 75088 ORIGINAL CONTRACT:$204,911.00 CONTRACT PREVIOUS ESTIMATE TOTALS THIS ESTIMATE TOTAL TO DAI E ITEM( DESCRIPTION UNIT UNIT CONTRACT TOTAL TOTAL TOTAL % QUAN. AMOUNT % TOTAL TOTAL % SCHEDULE"A"FIRST STREET PRICE QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1A Preparation of Right-of-way ' LS $30,000.00 1 $30,000.00 1 $30,000.00 $0.00 0.00% 1 $30,000.00 100.00% 3A Remove Concrete Rip Rap S Y $15.00 137 $2,055.00 274 $4,110.00 $0.00 0.00% 274 $4,110.00 200.00% 3A Remover Concrete Curb LF $10.00 21 $210.00 21 $210.00 $0.00 0.00% 21 $210.00 100.00% 4A 6"Sanitary Sewer Steel Encasement LF $50.00 58 $2,900.00 60 $3,000.00 $0.00 0.00% 60 $3,000.00 103.45% 5A 8"Sanitary Sewer Steel Encasement LF $50.00 44 $2,200.00 50 $2,500.00 $0.00 0.00% 50 $2,500.00 113.64% 6A Chain Link Fence LF $10.00 1453 $14,530.00 1167 $11,670.00 $0.00 0.00% 1167 $11,670.00 80.32% 7A 6"Concrete Rip Rap S Y $50.00 2112 $105,600.00 2112 $105,600.00 $0.00 0.00% 2112 $105,600.00 100.00% 8A 6"Concrete Ramp S Y $50.00 46 $2,300.00 46 $2,300.00 $0.00 0.00% 46 $2,300.00 100.00% 9A Variable Height Concrete Retaining Wall LF $60.00 32 $1,920.00 32 $1,920.00 $0.00 0.00% 32 $1,920.00 100.00% 10A Removeable Bollard EA $200.00 1 $200.00 $0.00 $0.00 0.00% 0 $0.00 0.00% 11A Erosion Control LS $1,500.00 1 $1,500.00 1 $1,500.00 $0.00 0.00% 1 $1,500.00 100.00% 12A H dromulch Seeding WORK Service line w/double cleanouts S Y $1.250.00 1000 $1,250.00 1000 $1,250.00 $0.00 0.00% 1000 $1,250.00 100.00% $0.00 ADDITIONAL $0.00 4" EA $1,50 8- $12,000.00 $0.00 100.00% 8 $12,000.00) 100.00%' 'SUBTOTAL FIRST STREET ( ( $164,665.001� 1 $176,060.00 ( $O.00f ( $176,060.001 SCHEDULE"B"GRAHAM COURT 1B Remove&Replace 8"Concrete Pavement S Y $70.00 43 $3,010.00 21.5 $1,505.00 43 $3,010.00 100.00% 64.5 $4,515.00 150.00% 2B Unclassified Channel Excavation LS $10,000.00 1 $10,000.00 1 $10,000.00 $0.00 0.00%. 1 $10,000.00 100.00% 3B Construct Earth Berm LS $4,000.00 1 $4,000.00 1_ $4,000.00 $0.00 0.00°/4 1 $4,000.00 100.00% 4B Construct 10'Curb Inlet LS $3,000.00 1 $3,000.00' 1 $3,000.00 $0.00 0.00°1 1 $3,000.00 100.00% 5B 4'Curb Inlet EA $2,000.00 1 $2,000.00 1 $2,000.00 $0.00 0.00% 1 $2,000.00 100.00% 6B Furnish&Install 18"RCP LF $75.00 136 $10,200.00 122_ $9,150.00 $0.00 0.00% 122 $9,150.00 89.71% 78 Furnish&Install Type"B"Headwall EA $2,000.00 2 $4,000.00 2 $4,000.00 $0.00 0.00% 2 $4,000.00 100.00% 8B Furnish&Install 8"Thick Concrete Weir LF $50.00 7 $350.00 7 $350.00 $0.00 0.00% 7 $350.00 100.00% 9B Trench Safety Design EA $400.00 1 $400.00 1 $400.00 $0.00 0.00% 1 $400.00 100.00% 10B Trench Safety Design LF $1.00 136 $136.00 136 $136.00 $0.00 0.00% 136 $136.00 100.00% 118 Nydromulth Seeding SY- $1.001 31bU $3,150.00* z3u.uu 31-50' $3,150.00 100.00% 3150 $3,150.00 100.00% -11SUBTOTAL GRAHAM COURT ( $40,246.00 rI $34,541.00 ( $6,160.00f ( $40,701.001- - $204,911.00 ( $210,601.00 I $6,160.00 ( $216,761.001 f r t i 6 STATE OF TEXAS } (CONTRACTOR'S AFFIDAVIT OF {FINAL PAYMENT AND RELEASE COUNTY OF COLLIN } BEFORE ME, the undersigned authority, on this day personally . appeared Joe 0. Gipson ("Affiant"), who, after being by me duly sworn, deposes and says that he is President of Tri—Con Services, Inc. a (corporation) (partnership) (trade name) of Dallas County, Texas, ("the CONTRACTOR"), which said CONTRACTOR was awarded the contract dated the 30th day of nrroher, 7001 for the construction of First Street & Graham Court Drainage Project, Wylie, Texas ("the Work"), for a total consideration of$ 216,761.00 to be paid to the said CONTRACTOR (the "Contract"), and that Affiant has full power and authority to make this Affidavit. THAT THE CITY OF WYLIE,TEXAS(the "OWNER")has approved the final estimate on said Work,and that the said CONTRACTOR has fully satisfied and paid any and all claims that may be covered by Article 5160 of the Revised Civil Statutes of the State of Texas,or any other applicable statutes or charter provisions,and that all just bills for labor and materials have been paid and discharged by said CONTRACTOR insofar as they pertain to the Work in question. THAT IN ADDITION TO any funds which may have been previously paid by the CITY OF WYLIE, the CONTRACTOR hereby accepts the amount of$ 21,676. 10 as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the CONTRACTOR may have to pursue claims of any nature against the CITY OF WYLIE arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contract("Subcontractors"),as well as claims for delay,additional compensation or for recovery of liquidated damages which may have been withheld by the CITY OF WYLIE. The CONTRACTOR shall defend, hold harmless and indemnify the CITY OF WYLIE from any such claims of such Subcontractors. The CONTRACTOR further releases the CITY OF WYLIE from any claim or liability arising from any act or neglect of the CITY OF WYLIE related to or connected with the Contract. This Affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. CONTRACTOR: Tri—Coon Services, Inc. BY: ir'`.'r" 1' / s —� (Affiant) Joe 0. Gipson, President SUBSCRIBED AND SWORN TO BEFORE ME,this 26th day of February , 2002 . BY / . '-\.. Notary Pu lic, Dallas County,Texas My Commission Expires: 12/5/2005 N Y P t i *OPP ( JUDITH A. SUTTON Z Notary Public ` STATE OF TEXAS I ►"' My Comm.Exp.12/05/2005 i ` ..ee^eee^.e4 CONSENT OF SURETY TO FINAL PAYMENT Bond No. 26-28-33 PROJECT: First Street and Graham Court Drainage Project TO (Owner): City of Wylie, Texas 2000 Highway 78 North Wylie, Texas 75098 CONTRACT FOR: Drainage CONTRACT DATE: CONTRACTOR: Tri-Con Services, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the The Insurance Company of the State of Pennsylvania 70 Pine Street New York, NY 10270 ,SURETY COMPANY, on bond of Tri-Con Services, Inc. 3010 Main Street Rowlett, TX 75088 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to City of Wylie,Texas 2000 Highway 78 North Wylie,Texas 75098 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania the Surety Company has hereunto set its hand this 26th day of February, 2002. The Insurance Company of the State of Pennsylvania Surety Company Beverly Tri ble, A orney-in-fact (Seal) Ili •':.slirance Company of the State of Pennsylvania POWER OF ATTORNEY Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No.09-B-75290 KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation,does hereby appoint ---L.Ray Pitts,Jr.,Scott J.Nissen,Richard M.Abbott,Beverly Trimble: of Dallas,Texas--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. • IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed these presents this 22nd day of August, 2001. Micha l C. F y, Vice Pr ident STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 22nd day of August, 2001 before me came the above ` named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual and ROTHY L.PARKER officer described herein, and acknowledged that he executed Notary Public.State of New York No.01PA6060631 the foregoing instrument and affixed the seal of said Qualified in Richmond County corporation thereto by authority of his office. Commission Expires June25,e CERTIFICATE Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania,on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I, Elizabeth M. Tuck, Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of the corporation this (96 day of J JU Of itlilea )st.i2" (_ Elizabeth M. Tuck, Secretary