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03-28-2017 (City Council) Agenda Packet /1/11 Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda March 28, 2017 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Motorcycle Awareness Month March 28,2017 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of March 14, 2017 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for February 28, 2017. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28,2017. (L. Bantz, Finance Director) D. Consider, and act upon, approval of a Final Plat creating two commercial lots on 4.541 acres of the Railroad Industrial Park Addition and the S.B. Shelby Survey, Abstract No. 820, generally located north of SH 78 and east of Cooper Drive. (R. 011ie, Development Services Director) E. Consider, and act upon, Ordinance No. 2017-11 amending PD 2006-01 to allow R7.0 and R8.4 zoning categories for single-family residential development on approximately 104.15 acres, generally located between McCreary Road and Springwell Parkway approximately 1200 feet south of FM544. ZC 2017-01 (R. 011ie, Development Services Director) F. Consider, and act upon, approval of a Preliminary Plat for Poorkiyani Addition, creating a single commercial lot on 0.477 acres, generally located north of FM 544 and east of Springwell Parkway. (R. 011ie, Development Services Director) G. Consider, and act upon, Resolution 2017-10(R) approving and authorizing the publication of notice of intention to issue certificates of obligation. (L. Bantz, Finance Director) H. Consider and act upon vendor application for Wylie East High School Cross Country Team to sell items at a cross country meet to be held September 2,2017 at Founders Park. (R. Diaz, Parks &Recreation Superintendent) L Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2017. (S. Satterwhite, WEDC Director) J. Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement No. W9126G-17-T-0063 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 19, 2017 through September 5,2017 for a sum not to exceed$62,324.69. (A. Henderson, Police Chief) March 28,2017 Wylie City Council Regular Meeting Agenda Page 3 of 4 K. Consider and act upon the approval of the purchase of bleachers and installation from Hunter Knepsheild in the estimated amount of $95,850.00 through a purchasing contract with Buy Board Cooperative Purchasing (#512-16), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) L. Consider and act upon the approval of the purchase of Pavement Resurfacing Services from Reynolds Asphalt and Construction Company in the estimated annual amount of $900,000.00 through an existing City of Grand Prairie, Texas, contract and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) REGULAR AGENDA 1. Conduct a Public Hearing for the annexation of approximately 2 acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1100, Collin County, Texas, and Abstract No. 1384, Dallas County, Texas, generally located southeast of the intersection of South Ballard and Pleasant Valley Road.A2017-02 (R. 011ie, Development Services Director) Executive Summary This annexation is at the request of the property owner, Sharon&Harry J.Ellis and the representative Wylie DPV,LTD.The subject tract is contiguous to current property under the ownership of Wylie DPV,LTD and bordered on the west by properties within corporate city limits of Wylie and on the east by properties lying within unincorporated Collin and Dallas Counties. The applicant desires to bring the subject tract into the city and develop it in accordance with Planned Development 2016-27 District. 2. Hold a Public Hearing and consider, and act upon, a Replat for Kellers 2°' Addition Lots 10R, Block 10; Being a Replat of Lot 10B and Lot 9B, Block 10 of Kellers 2°' Addition, located at 307 W. Oak Street creating one residential lot. (R. 011ie, Development Services Director) Executive Summary The applicant is requesting a residential Replat to establish one residential lot of 0.172 aces (7,500 sf). The lots are zoned DTH (Downtown Historic District). The purpose of the Replat is to create a buildable lot that will allow the current owner to have her house rebuilt by Habitat for Humanity. 3. Consider, and act upon, approval regarding the construction of a new single family residential structure located within the Keller's 2nd Addition, Block 10, Lots 9b & 10b (307 W. Oak Street). (R. 011ie, Development Services Director) Executive Summary The Owner/Applicant is proposing to construct a new residential dwelling on two lots that will require replatting to a single lot. In accordance with Ordinance No. 2013-17, any development proposing new construction or substantial renovation requires special oversight by the Commission to ensure preservation of the historic and architectural character of the area. March 28,2017 Wylie City Council Regular Meeting Agenda Page 4 of 4 4. Consider, and act upon,Resolution No.2017-11(R) of the City of Wylie suspending the April 21, 2017, effective date of Oncor Electric Delivery Company's requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with the steering committee of cities served by Oncor to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel for the steering committee (M. Manson, City Manager) Executive Summary Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about March 17, 2017 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $317 million or approximately 7.5%over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kWh per month would see a bill increase of about$6.68 per month. 5. Consider, and act upon, a Chapter 380 Agreement with Bloomfield Homes, LP. (M. Manson, City Manager) Executive Summary Staff was recently contacted by representatives of Bloomfield Homes, LP who proposed a Chapter 380 Agreement as a method for sharing Bloomfield's use tax paid in connection with building materials used by Bloomfield to build new homes in Wylie. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on March 24, 2017 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed 7#411 Wylie City Council CITY OF WY LIE ................................ ......................................................................................... Minutes City Council Meeting Tuesday, March 14, 2017 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilman David Dahl, and Councilwoman Candy Arrington. Councilman Jeff Forrester, Councilwoman Diane Culver, and Councilman William Whitney III, were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Development Services Director, Renae 011ie; Fire Chief, Brent Parker; Police Chief, Anthony Henderson; City Engineer, Tim Porter; Finance Director, Linda Bantz; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Stephens gave the invocation and Councilwoman Arrington led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Mayor Hogue stated he would like to make a public comment regarding the Wylie News article alluding to the lack of the City's response to a request for records by the Wylie News. He read the legal requirements for submitting a public information request and the Attorney General's requirements for responding to the request; noting it must be done in writing and submitted to the Public Information Officer of the City. He reported the amount of requests just in the last twelve months handled by the City Secretary's Office and the Police Department. These Minutes March 14, 2017 Wylie City Council Page 1 requests totaled over 3,154, of which all were handled as required by law; showing the City is an "open and transparent" government. It is however not an employee's duty to send out information that is not requested in writing, especially when it deals with police investigations. Only written requests trigger the processing of a public information request. To clarify, the request noted in the Wylie News article, was initiated by the paper contacting the Police Chief by phone requesting incident reports prior to the release of a police blotter report, due to the paper's press deadlines. Mayor Hogue explained that police incident reports include factual reports and information about a criminal police incident. These reports are used to determine if criminal charges will be filed and to further the investigation. Some information in these reports may be excepted from release by law. The newspaper asked to review any and all incident reports without full supervision of police staff. None of this request complied with the Public Information Act as required by the Attorney's General's Office, as alluded to in the newspaper article. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of February 28, 2017 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon,Resolution No.2017-07(R) authorizing the appointment of Don High as Municipal Court Prosecutor for the City of Wylie effective April 1, 2017 setting terms and stipend of service. (L. Davis, Municipal Court) C. Consider, and act upon, approval and final acceptance of the reconstruction of FM 1378 (Country Club Road) from S. Parker Road to N. Parker Road and authorize final payment to Ed Bell Construction Company in the amount of $118,206.77, and accept the project as complete. (C. Holsted, Asst. City Manager) D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of January 31,2017. (S. Satterwhite, WEDC Director) E. Consider, and act upon, approval of a Preliminary Plat for Holiday Inn Express Wylie Addition, creating two commercial lots on 5.901 acres, generally located south of FM 544 and west of Sanden Boulevard. (R. 011ie, Development Services Director) Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to approve the Consent Agenda as presented. A vote was taken and the motion passed 4-0 with Councilmembers Culver, Whitney and Forrester absent. REGULAR AGENDA Minutes March 14, 2017 Wylie City Council Page 2 1. Hold a Public Hearing and consider, and act upon, an amendment to PD 2006-01 to allow R7.0 and R8.4 zoning categories for single-family residential development on approximately 104.15 acres, generally located between McCreary Road and Springwell Parkway approximately 1200 feet south of FM544. ZC 2017-01 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant is requesting to amend PD 2006-01 to allow R7.0 and R8.4 single family zoning categories on approximately 105 acres of land. The land is generally located south of FM 544 between McCreary Road and Springwell Parkway, directly south of the property that includes Target and Kohl's. The proposed revisions would add two single family categories to the PD and would be laid out as shown on Exhibit C. The single family categories, R7.0 and R8.4 would allow for lot sizes of 7,000 and 8,400 square foot minimums with minimum house sizes of 2,000 and 2,200 respectively. The overall density of the proposed project is 3.5 dwellings per acre (or 1 per 12,500 sq. ft.). For reference, a PD amendment was submitted and sequentially withdrawn in early 2016 that differed in that minimum lot sizes were 5,500 square feet and 8,500 square feet with a density of 4.18 lots per acre (or 1 per 10,400 sq ft). Other differences from standard zoning include (Exhibit B): 75% of the houses are required to be larger than the standard 2,400 sq. ft. required by the Zoning Ordinance Lot width is decreased from 75'to 70' (8400) or 60' (7000) Lot depth is increased from 100'to 110' Set backs are reduced to 5' side and 10' rear from 10' and 25' Masonry requirement reduced from 100%to 75% minimum The Parks Board has approved the park improvements proposed by the applicant (Exhibit D) including the construction of a new city park and nearly 9,000 feet of hike and bike trails through the proposed subdivision. This trail could lead to a connection to the City of Murphy trail that ultimately leads, unbroken, to Breckenridge Park in Richardson. If this PD and a forthcoming PD amendment for property directly to the east as approved, in addition to the above improvements, the developer will be required to construct Hensley Lane from Hooper Road to McCreary Road (slightly less than one mile/approx. $2.5 million). Properties to the north are developed as retail and to the west as age restricted multi-family as allowed in the original PD (2006-01). Applicant Presentation Applicant Don Herzog addressed Council stating that the property is located between Maxwell Creek Road and Springwell. Phase I and Phase II will be constructed simultaneously to provide two points of access into the community. The Western portion of Hensley Lane will be constructed with Phase I. Lot sizes would be a combination of 7,000, 8,400, and 10,000 square feet. The 7,000 sq. ft. lots would have a width of 60 feet and a depth of 116.7 feet rear yard. The front setback would be 25 feet as required by the City. This would leave a 16.7 ft. rear yard. Herzog stated that he would like a 10 ft. rear setback in some cases to allow for lots located in a cul-de-sac. The varied lot sizes, choice of one or two story, and options for set-backs are in response to our aging population and empty nesters that would like to avoid stairs and yard maintenance. Herzog gave some lot and home size comparisons in the immediate area of the proposed development that were similar to those requested in this PD. He requested a 15 foot setback on J-swing homes. Mayor pro tern Stephens asked if there would be any exceptions coming back to Council due to a larger home with a J- Minutes March 14, 2017 Wylie City Council Page 3 swing needing less front set-back. Herzog noted the J-swing construction would only be constructed on lots of 8,400 sq. ft. and above. Herzog explained he had met with the Parks Board and agreed to construct various improvements consisting of park land dedication, trails, playground, and parking totaling $605,798. This will fulfill the second to last phase of the trails connecting Founder's Park all the way to Breckenridge Park in Richardson. The final piece of the trail system will be installed with another development filed with the City. Herzog noted the same builders who are presently building homes on these size lots in Woodbridge, with an average sales price in the $400's will be building on the proposed lots. Mayor Hogue asked when the amenity center would be built. Mr. Herzog replied with Phase I of the development. Mayor Hogue stated that he understood the need for higher density lots with homes including upgrades and small lots that would accommodate buyers not wanting to maintain yards. Mayor Hogue stated that he had concerns with 75% masonry rather than the required 100% masonry. Mr. Herzog explained that he had been in contact with both builders that would be constructing in this development and they were both in agreement to include a minimum 100% masonry for the exterior facade, to include stone masonry units, kiln fired clay brick or stucco, with 20% stone decorative brick. Public Hearinci Mayor Hogue opened the public hearing on Zoning Case 2017-01 at 6:54 p.m. asking anyone wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 6:55 p.m. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington to approve an amendment to PD 2006-01 to allow R7.0 and R8.4 zoning categories for single-family residential development on approximately 104.15 acres, generally located between McCreary Road and Springwell Parkway approximately 1200 feet south of FM544; with an amendment to include 100% masonry as per the City Ordinance. (ZC 2017-01) A vote was taken and the motion passed 4-0 with Councilmembers Culver, Whitney, and Forrester absent. 2. Consider, and act upon, approval of Ordinance No. 2017-10 amending the Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule, Section I (Water and Sewer Fees), Subsection A (Water and Sewer Service Deposit), Subsection G (Temporary Connection Charge) and Subsection H (Special Service Connection Fee); Section IV (Engineering Fees), Subsection A (Water and Sewer Impact Fees), Subsection B (Thoroughfare Impact Fees), Subsection D (Engineering Inspection Fees); Section VII(Police Department), Subsection A(Police Department Fees); Section VIII (Public Library), Subsection A (Library Fees); Section IX (Parks and Recreation), Subsection E (Bart Peddicord Community Center Fees); Section X (Water and Sewer Tap Fees); Section XI (Fire Department), Subsection C (Permit Fees); and adding a new Section XIII(Cash Payments). (C. Holsted, Asst. City Manager) Executive Summary Assistant City Manager Holsted addressed Council stating that staff has reviewed the Comprehensive Fee Schedule and recommends modifications. Minutes March 14, 2017 Wylie City Council Page 4 Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Arrington to approve Ordinance No. 2017-10 amending the Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C, Wylie Comprehensive Fee Schedule, as provided for in Agenda Item #2. A vote was taken and the motion passed 4-0 with Councilmembers Culver, Whitney, and Forrester absent. 3. Consider, and act upon, Resolution No. 2017-08(R) authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2017 setting terms and stipend of service. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that Article IV, Section 3c of the City of Wylie Charter states "the city council shall, in the absence or disability of the appointed judge of the municipal court, appoint an acting judge to serve during such absence or disability. The acting judge may be compensated by the city council for his performance of required duties." Bantz explained the appointment of the Associate Municipal Court Judge is for a one year term effective April 1, 2017 through March 31, 2018 and may be renewed. Previously the term has been two years. Staff is requesting a one year term to allow us to combine all judges and prosecutors on the same term schedule. Compensation for services provided by the Associate Municipal Court Judge is a set monthly rate of $1,500.00. This reflects an increase in his monthly rate of $250.00. Associate Municipal Court Judge Terry Douglas (part-time)works approximately 32 hours per month (signs warrants, does prisoner arraignments, and has four court dockets per month). His hours and dockets have increased from 24 hours a month with the addition of the Traffic Unit and continuing Truancy filings. The Police Department (PD) takes warrants to him in the evening or on weekends for his signature. PD also calls him to do phone or video arraignments after hours and sometimes he comes in to do Emergency Protective Orders. Judge Terry Douglas has served the City for 16 years as the Associate Municipal Court Judge. Judge Douglas serves in the capacity of the City of Wylie Associate Municipal Court Judge. It is recommended that Judge Douglas continue to provide service to the City as the City of Wylie Associate Municipal Court Judge. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Arrington to approve Resolution No. 2017-08(R) authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2017, setting terms and stipend of service. A vote was taken and the motion passed 4-0 with Councilmembers Culver, Whitney, and Forrester absent. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2017-10 into the official records. Mayor Hogue convened into Work Session at 7:05 p.m. WORK SESSION Minutes March 14, 2017 Wylie City Council Page 5 • Discussion of potential issuance of Certificates of Obligation to fund needed Utility Fund capital projects. (L. Bantz, Finance Director) Finance Director Bantz addressed Council stating that the City's financial advisors First Southwest — A Division of Hilltop Securities will make a presentation to Council on issues regarding the potential issuance of Certificates of Obligation to fund the Nortex ground storage tank and a new metering system. These capital projects are needed to insure proper ongoing operation of water service operations to city residents. Both projects were included in the water and sewer rate study performed last summer by NewGenStrategies & Solutions. City staff is seeking input from Council as to whether to proceed with this. The existing water meters were installed more than 10 years ago. Maintenance and replacement have increased due to the age of the meters. The new meters will incorporate remote reading capabilities in addition to the current drive by reading technology. The NORTEX tank replacement consists of replacing an existing 917,000 gallon ground storage tank with a new 1 million gallon concrete storage tank bringing the total ground storage capacity at the pump station to 2.5 million gallons. The existing tank was a used tank that the city purchased and installed over 20 years ago. The tank has been taken out of service due to needed maintenance. Bantz introduced David Medanich with FirstSouthwest. Mr. Medanich with First Southwest addressed Council stating that Certificates of Obligation would fund $7.3 million in Water and Sewer improvements. The certificates will be repaid through Water and Sewer revenues. He explained that Certificates of Obligation allow for the lowest cost of funds when compared to a revenue bond issued by the City. The debt would be structured on a 20 year repayment term. Bond sale funding to the City was projected for May 17, 2017 if directed by Council with intent to purchase the bond consideration on the March 28, 2017 Council agenda. Closing and delivery of funds to the City was scheduled for June 8, 2017. Direction from Council was to present the resolution designating the intent to issue Certificates of Obligation, for Council consideration on the March 28th agenda. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:16 p.m. Mayor Hogue convened into Executive Session at 7:18 p.m. reading the captions below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or Minutes March 14, 2017 Wylie City Council Page 6 (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Consultation with attorney regarding property generally located at SH 78 and Birmingham RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 7:56 p.m. 4. Consider, and act upon, Resolution No. 2017-09(R), authorizing the waiver of penalties and interest pursuant to section 33.011 of the Texas Property Tax Code, for property generally located at 250 S. State Highway 78. (C. Hoisted, City Engineer) Executive Summary During the tax years of 2009-2013, the City of Wylie was not identified as a taxing unit on the property at 250 S. State Highway 78. As a result, taxes were not billed for or paid to the City of Wylie for the property. The property owner has requested that the penalties and interest which have accrued against the property be waived. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to deny Resolution No. 2017-09(R), authorizing the waiver of penalties and interest pursuant to section 33.011 of the Texas Property Tax Code, for property generally located at 250 S. State Highway 78. A vote was taken and the motion passed 4-0 with Councilmembers Culver, Whitney, and Forrester absent. ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to adjourn the meeting at 7:58 p.m. A vote was taken and the motion passed 4-0 with Councilmembers Culver, Whitney, and Forrester absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes March 14, 2017 Wylie City Council Page 7 • I Wylie City Council AGENDA REPORT 'a yP 4+rv9Mka{ pr, kI.P�MYYk fl'tlkMA Meeting Date: March 28, 2017 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 16, 2017 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for February 28, 2017. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for February 28, 2017. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2016-2017 Investment Report February 28, 2017 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,605,634.00 MMA 0.5591% Texpool 12/31/2006 NA 2 $15,131,100.37 MMA 0.5533% TexStar 3/15/2011 NA $29,736,734.37 Total Weighted Average Coupon: 0.5561% Money Markets: $29,736,734.37 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,736,734.37 �� Wylie City Council AGENDA REPORT 'a yP 4+rv9Mka{ pr, kI.P�MYYk fl'tlkMA Meeting Date: March 28, 2017 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 16, 2017 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28, 2017. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28, 2017. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT February 28,2017 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 41.67% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 26,960,371 2,423,676 22,700,124 84.20% A FRANCHISE FEES 2,680,000 751,428 777,914 29.03% B LICENSES AND PERMITS 811,000 78,725 343,359 42.34% INTERGOVERNMENTAL REV. 897,145 95,071 392,174 43.71% SERVICE FEES 3,230,000 318,106 1,223,364 37.88% C FINES AND FORFEITURES 570,800 67,392 234,515 41.09% INTEREST INCOME 20,000 5,795 21,950 109.75% MISCELLANEOUS INCOME 159,500 17,474 49,079 30.77% OTHER FINANCING SOURCES 2,112,861 0 2,112,861 100.00% D REVENUES 37,441,677 3,757,667 27,855,340 74.40% USE OF FUND BALANCE 227,649 NA NA NA E USE OF CARRY-FORWARD FUNDS 200,647 NA NA NA TOTAL REVENUES 37,869,973 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 114,462 4,850 39,208 34.25% CITY MANAGER 882,500 73,695 318,989 36.15% CITY SECRETARY 367,083 20,246 103,415 28.17% CITY ATTORNEY 155,000 4,135 19,900 12.84% FINANCE 1,184,661 131,705 485,615 40.99% FACILITIES 682,690 57,932 220,455 32.29% MUNICIPAL COURT 453,117 31,826 145,310 32.07% HUMAN RESOURCES 485,836 28,156 133,095 27.40% PURCHASING 160,651 11,718 57,202 35.61% INFORMATION TECHNOLOGY 1,248,552 91,009 634,122 50.79% F POLICE 8,423,222 655,790 3,284,641 39.00% FIRE 8,106,193 525,996 2,791,639 34.44% EMERGENCY COMMUNICATIONS 1,649,660 83,487 564,925 34.24% ANIMAL CONTROL 582,976 36,240 200,545 34.40% PLANNING 614,286 44,663 225,531 36.71% BUILDING INSPECTION 605,354 41,598 210,706 34.81% CODE ENFORCEMENT 240,326 12,960 58,805 24.47% STREETS 3,232,500 203,503 653,037 20.20% PARKS 2,479,091 136,554 711,696 28.71% LIBRARY 1,941,241 148,117 685,726 35.32% COMBINED SERVICES 4,328,572 254,092 1,554,859 35.92% TOTAL EXPENDITURES 37,937,973 2,598,272 13,099,421 34.53% REVENUES OVER/(UNDER)EXPENDITURES -68,000 1,159,395 14,755,919 39.87% A. Property Tax Collections for FY16-17 as of February 28 are 97.06%, in comparison to FY15-16 for the same time period of 98.10%. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2015-16 revenue. D.Other Financing Sources includes the annual transfer from the Utility Fund. E. Use of Fund Balance:Amount expensed in Q1 FY 2017(Oct-Dec)for hail storm damage repairs. F. Due to one-time expenditures including annual maintenance contract renewals.This will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT February 28,2017 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 41.67% ACCOUNT DESCRIPTION 2016-2017 2016-2017 2016-2017 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 15,945,000 1,212,255 4,983,386 31.25% G INTEREST INCOME 10,000 1,431 8,234 82.34% MISCELLANEOUS INCOME 32,000 1,805 14,949 46.72% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 15,987,000 1,215,491 5,006,569 31.32% USE OF FUND BALANCE 0 NA NA NA H USE OF CARRY-FORWARD FUNDS 45,000 NA NA NA TOTAL REVENUES 16,032,000 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 403,515 20,504 134,470 33.32% UTILITIES-WATER 2,452,911 171,300 630,045 25.69% CITY ENGINEER 503,600 30,804 147,212 29.23% UTILITIES-SEWER 693,353 41,106 209,288 30.18% UTILITY BILLING 512,687 35,152 130,074 25.37% COMBINED SERVICES 12,221,449 1,582,199 6,616,648 54.14% TOTAL EXPENDITURES 16,787,515 1,881,065 7,867,737 46.87% REVENUES OVER/(UNDER)EXPENDITURES -755,515 -665,574 -2,861,168 -15.55% G. Service Fees:Water&Sewer fees billed in October are applicable towards FY 2015-16 revenue. H. Use of Fund Balance: Excess fund balance reserved for hail storm damage repairs(no expenses in Q1 FY 2017). I. Due to annual transfer to the General Fund and annual debt service payment made in February. This will level out throughout the fiscal year. Wylie City Council AGENDA REPORT Meeting Date: March 28, 2017 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 14, 2017 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat creating two commercial lots on 4.541 acres of the Railroad Industrial Park Addition and the S.B. Shelby Survey, Abstract No. 820, generally located north of SH 78 and east of Cooper Drive. Recommendation Motion to approve a Final Plat creating two commercial lots on 4.541 acres of the Railroad Industrial Park Addition and the S.B. Shelby Survey, Abstract No. 820, generally located north of SH 78 and east of Cooper Drive. Discussion APPLICANT: Helmberger Associates, Inc OWNERS: Wylie Economic Development The property totals 4.54 acres and will create 2 lots by replatting lots 4-8 and a 2 acre tract of land. Lot 1 will contain a Chick-fil-A Restaurant, and Lot 2 will be allowed to be developed with any use that is listed in the commercial corridor zoning district pending a site plan approval. The plat shall also dedicate a 30' fire lane, access drainage and utility easement along the frontage of both lots. This Final Plat complies with the applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations as required by the Engineering Department. The Commission voted 7-0 to recommend approval of the request subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Page 1 of 1 VICINITY MAP-SCALE 1"=1000' m ortvvlrvl GENERAL NOTES 1))Be e o ateSystem, STATE OF TEXAS murvrvof multi OWNER'S DEDICATION Now THEREFORE KNOW ALL MEN BY THESE PRESENTS. Based North American Datum ot19a3n O Developmentp g d and through is duly Ruth agent, JFFFt.-.N rr O JE'FE•�SON 2)North Central Zone oft plat.to create Woots. Wylie, Map County,Teas,WHEREAS,Wylie Economic Development Corporation.,isthe sole owner of Lots 4-4,Railroad Industrial Park does reAD and being situated in the S.B.Shelby Survey,Abstract No.820,in the CIty of Wylie,Collin County,Texas,same pyLaPopBt plat, g g property s LOTS 1 AND 2,o W Y E /0 3P g not be allowed withoutengineering on WY re N of Wylre,CollIn County,Texas The I Y purposes ry easements L K OAK ® n Tt y. P P P garbage 9 P and a _ 4e v (12,718 sl eaafn P P P 9 arty U ~` ELLIOT lice X a.does n Hazard Area d deeded J IASI-FFps L/ County, as n asP N property 9Improvements z FLEMINO BJ There are no structures on the sub,ect tanto fie Economic Development Corporation by deed recorded in In,rument No. cz bcaemrdaa nCo unty,T.,andbeing more particularly described by maesand boundsaon,over or across the easements as shown or growths easements beng hereby reserved for the mutualuse aro of all pub.ut s ■ 2 BUT LEF follow: w� E S E o' g n P se P Y bulking, P growths illoo. 4081 00085z right-of-way), be, rout Y corner of said Y Y A'endanger o y P Ind an right-of-way line of State Highway No.78 p P o _ o '„ tract 4b)right-of-way line of Cooper Drive` ' dwyesystem on the egress P purpose nst g, g, \V LL MS ? O P 9,P easements, 9 9 ll a for Parts of psystems THENCE North 37 degrees OIr / n Tea 9 si t us lzs oo anof o ses tie hout the necessIty at y o Nme of g P anyoneermIssIon of Water and wastewater and ateub.uNfity Shall e �OIm PARK 2 9 Elevation 081 gTP tract an x'wn n�oncare r h curve me left g radnds We,,along the mo,southerly southwe,line of ius Wylie fe the 9n 9 9 s property P rp 9 any CITI ENS a requ red or rl y performed by M. 1 AlSTONE m 8M1 BE of feet, easementsarea of working space for construction and maintenance of the D — systems A conveyed for Installation and maintenance of manholes,c O hydrants,w or pavement nlfn 78 1,,,,,,, ¢ DUNCAN WHY O ? e cfption of such atltlitional easements here ns granted the be tletermine by their location as scA.tEl so �� CALDWELL i No mall Block A,Cooper Retail Additio,an addition to I.CIty ofWy ae accor g t p"6081"found lying on the northeasterly line of Lot 2, nsta ed tM1 This 20.Temporary Access Easement shall terminate,in all respect,upon e ana the construction fa curb at ingress thereof recorded Volume2oo5, g a,Pat Records, naunry,T as Ths p pp subject tore paring ortlnanoes,rues,reguatons and res onso eCry off CURVE TABLE g from y to the g Property permitting gTHENCE North 19 degrees.minutes.seconds We,,along the mo,northwesterly southwest line of Wylie,Texas. tt CURVE LENGTH RADIUS DELTA CHORD rod fouldaf 3ct 4.115 feet anndb,the Northeer and rlly cornertofLote2 northeasterly contnuing a total of said Lot 2 and distant 35.zb feet to WITNESS MY HAND THIS DAY OF 201]. C1 iT 15 3 Area 1 and said b d az9f a ore Te m46 4J Ea6Aa und lyi,on the southea,erly right-of-way line of Dallas iii / mme left F ( 58fea right-of-way), afn m comer g comer Sam eattervehre ExeoutveD reomr mid non-ta,ent curve to I.left having a delta angle 8 d,rees 57 minutes 50 seconds,a chord that bears North 59 d,rees 36 minutes 20 seconds East,a chord distance of 297.98,,,and an arc distance of C 6 Otract STATE OF TEXAS YY / (non-tangent WV ) ],and said corner ,rod f ound at the end of mid curve,and be,the northerly corner of said eg a COUNTY OF GOWN ob 1o18 eo in358 3423 aB TB c Fe left THENCE alo,said rgenhaving rat curve to dius eft having feg g FORE ME he undersgned authorty,a Notary Pubo or the sad County and State,on cz 2bt.]9 5a bu 299593o J23 E5o.aa t Ph a delta angle 11 degrees 34 minute a1/2�o day personallytappea the person A(� o oregong n edged to metttat he/she executed the same for the purposes and g inch iron rod tins there nnexp essed and n the capaNt theran stated and as foe act and deed therein � �� 200709240013PublicRecordsCe y, as Deed n nnrumerdNe stated I -- " � T GIVEN UNDER MY HAND AND SEAL OF OFFICE,the day of 201T. L29966R 14310 / / . pa.,at 247.80 f e,at a point in the southeasterly line of mid Railroad Indu,nal Park Addition,and c I �I 11 3439 / S / orner of a tract of land conveyedto Wylie Economic Development Corporation, (2007110.00 ) he being the CH=N49°1T07"E 299.18' ppp�� ce z9a se 1.183.10. 11 a4aP mFase.n c -- c' of mutes.seconds West,along the eam me PONT OF BEGINNING Ee,erly right-of-way line of dmn B ,ss s1 said State tor Notary S9nalure S / �-,� hw acres of land. �( SURVEYOR'S CERTIFICATE: " ,� "// /// QO / a ^ d� /j KNOWN ALL MEN BY THESE PRESENTS ///, A�,PHA s s s ✓/ N ER. �M That,Raul D.Reyes,do hereby certify that prepared this plat from an actual and accurate survey P // 06 N d^oi UG Iy, of the land and that the comer monuments shown thereon as set were properly placed under my / accordance with Subdivision ,.. /` A personal supervision n 298.28 R=1906.58' ` 8'57'50" �� room ... ' \ .�."" Ordnance of the Sty of Wylie. ° 4� CH N59°3fi 24'E 297.98' '." --TT" '" E '° RECOMMENDED FOR APPROVAL AL SURVEY DOCUMENT(3020,OR VIEWED R / * ''''. Y oR �/ \ , of c. BE RECORDED IrtiT4 50gs�pcT H ANDOCUMENT L T ee USED -- / ur i T / / an, TexasDare RaglD Reyes 90 N am• \ \ "a ring&Zonng CommIsson Registered Prokssonal Land Surveyor No 53 W z C� I' Z /� tiwr "APPROVED FOR CONSTRUCTION\ dyyk '' cf'f y/ \\ TEXAS \I. *g o.'"' /` / + so• .....,�. Mayor,Cry of Wyre,Texas Date COUNTY STATE FOF DALLAS , N. /(n..\ltr Adam ACCEPTED Before me,the Undersigned authority,a Notary Public n and for the State of Texas,on the day 1 \ T a� \, / 0. J� 1, ��`�Ps personally appeared Raul D. rand Surveyor,known to me to be the person whose name is 9' " Mayor, a Wv ,Texas,hereby subscribed m the foregoing�s[rume t and acknowledge m me that he executed the same for the /T" ^� ®` �� qe �� c e ti Secretary ry Wy by and mn,deatons therm expressed �� V N j j �b� �Q` � o v vformalSven under my hand and seal of office,this day of 90v J Imo/ y y5 G, P v,parks, / / P P note the forth In / ®®®and duPon sad plat Mayor AVE GOPPERDRIVE / otrep Yanoett y g g nabov tl. Notary E ccT. ; �� s''s / ®®®®®®®®®WPublcn and for the State of Texas C1 bp" m® ®®®®®® smV tl h tlay of YnfB� / /' "O ®®®®® ®®® ®®®®®®®®®ev Seorerary .=5o5aR=177s90 /- // 0® ®® ®®®�ryofwy'e,Texa3 y mms,on p son. Ci &1z59"W 50 A N ®®®®®®®® 40 % ®®®®®®®®® EINEMIEZIEMEIIIMMIEMEMI EMEMEIMISEEIIIMEMIEZEIM r ' ®®®®® FINAL PLAT ®-4_y//,z POINT OF ®®®®®® LOTS 1 AND 2, / , ° BEGINNING ®® ®®® SURVEYOR RAILROAD INDUSTRIAL PARK ADDITION LEGEND / —NI37.53'32"lhl 60.60' 1101EIMMEMEEMEMIESIZI Q q �"' REPLAT OF LOTS 4-8 OF RAILROAD INDUSTRIAL PARK TEXAS Ws •848 na 8,51 ®® ®® —TEXAS S 1E� �7 . AND ""' ®® ®®® ALL OF TWO TRACT TO WYLIEECONCMIC FD RECORDS, ®® ®® R � ']i�IS� DEVELOPMENT CORPORATION _� OWNER S.B.SHELBY SURVEY,ABSTRACT NO.820 F INST NO INSTRUMENT NUMBER RECORDS,DALIAr COUNTY,TEXAS ®® ®® NIYLIE ECONOMIC ®®®®®® DEVELOPMENT CORPORATION r,-c,I D a TY A, CITY OF VVYLIE,COLLIN COUNTY,TEXAS OFT SQUARE FEET UM ®® ®® Al0 N.STATE HIGHWAY 78 o "Tice4 co FAX NA,A a ®®®®®® VIYLIE,TEXAS 15098 to ecom. F 0 RF d CM CONTROLLING MONUMENT ®® ®® (972)442-7901 Frrnetct5g;oo �� DATE 11,62018/JOB N 16034192/SCALE I=60/JA,12 'rm yek Wylie City Council ' Y ` AGENDA REPORT kI.P�MYYk b'tlk'�F�' Meeting Date: March 28, 2017 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 20, 2017 Budgeted Amount: $ Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2017-11 amending PD 2006-01 to allow R7.0 and R8.4 zoning categories for single-family residential development on approximately 104.15 acres, generally located between McCreary Road and Springwell Parkway approximately 1200 feet south of FM544. ZC 2017-01 Recommendation Motion to adopt Ordinance No. 2017-11 amending PD 2006-01 to allow R7.0 and R8.4 zoning categories for single-family residential development on approximately 104.15 acres, generally located between McCreary Road and Springwell Parkway approximately 1200 feet south of FM544. ZC 2017-01 Discussion Owner: Woodbridge North Commercial I,Ltd. Applicant: Herzog Development Corp. Zoning Case 2017-01 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance creates single family categories, R7.0 and R8.4, and would allow lot sizes of 7,000 and 8,400 square foot minimums with minimum house sizes of 2,000 and 2,200 respectively. Exhibits A (Legal Description), Exhibit B (PD Conditions), Exhibit C (Concept Phasing Plan) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2017-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2017-01, FROM PLANNED DEVELOPMENT 2006-01 (PD20006-01) TO PLANNED DEVELOPMENT 2017-11-SINGLE FAMILY DISTRICT (PD2017-11) TO ALLOW R7.0 AND R8.4 ZONING CATEGORIES WITH MINIMUM LOT SIZES OF 7,000 SF AND 8,400 SF; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development 2017-11 (PD-2017-11), said property being described in Exhibit A (Legal Description), Exhibit B (PD Conditions), Exhibit C (Concept Phasing Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2017-11 Change the zoning on the hereinafter described property,zoning case number 2017-01,from Planned Development 2006-01 (PD20006-01)to Planned Development 2017-11-Single Family District(PD2017-11) SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: 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 7: 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 28th day of March, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: April 5,2017,in the Wylie News Ordinance No.2017-11 Change the zoning on the hereinafter described property,zoning case number 2017-01,from Planned Development 2006-01 (PD20006-01)to Planned Development 2017-11-Single Family District(PD2017-11) Exhibit "A" LEGAL DESCRIPTION ZONING TRACT 1 50.164 ACRES BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of Wylie, Collin County, Texas and being part of that tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in Volume 5971, Page 1125, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point for the common northeast corner of said Woodbridge North Commercial I, Ltd. tract and southeast corner of that tract of land described in Deed to Woodbridge North Development, LLC, as recorded in Document No. 20060405000442250, Deed Records, Collin County, Texas; THENCE South 00 degrees 22 minutes 13 seconds East, a distance of 1,146.17 feet to a point for corner; THENCE South 89 degrees 50 minutes 17 seconds West, a distance of 1,946.71 feet to a point for corner; THENCE North 00 degrees 30 minutes 51 seconds West, a distance of 1,005.95 feet to a point for corner; THENCE North 89 degrees 28 minutes 02 seconds East, a distance of 125.36 feet to a point for corner; THENCE North 67 degrees 45 minutes 00 seconds East, a distance of 348.43 feet to a point for corner; THENCE North 89 degrees 31 minutes 02 seconds East, a distance of 1,500.54 feet to the POINT OF BEGINNING and containing 50.164 acres of land, more or less. 15037 Exhibit A DESC-ZONING-TR1-50.164AC.doc Page 1 of 1 Exhibit "A" LEGAL DESCRIPTION ZONING TRACT 2 53.995 ACRES BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of Wylie, Collin County, Texas and being part of that tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in Volume 5971, Page 1125, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point for the common northwest corner of that tract of land described in Deed to Woodbridge North I, Ltd., as recorded in Volume 5579, Page 1102, Deed Records, Collin County, Texas and an exterior ell corner of said Woodbridge North Commercial I, Ltd. tract; THENCE South 00 degrees 05 minutes 53 seconds East, a distance of 428.02 feet to a point for corner; THENCE South 00 degrees 52 minutes 17 seconds East, a distance of 230.37 feet to a point for corner; THENCE South 88 degrees 04 minutes 32 seconds West, a distance of 2,195.99 feet to a point for corner; THENCE North 42 degrees 48 minutes 30 seconds West, a distance of 346.75 feet to a point for corner; THENCE North 01 degrees 56 minutes 58 seconds West, a distance of 369.04 feet to a point for corner at the beginning of a curve to the left having a central angle of 25 degrees 12 minutes 14 seconds, a radius of 910.00 feet and a chord bearing and distance of North 12 degrees 33 minutes 01 seconds West, 397.08 feet; THENCE Northerly, with said curve to the left, an arc distance of 400.30 feet to a point for corner; THENCE North 89 degrees 50 minutes 27 seconds East, a distance of 2,463.14 feet to a point for corner; THENCE South 00 degrees 22 minutes 13 seconds East, a distance of 286.28 feet to a point for corner; THENCE North 89 degrees 17 minutes 59 seconds East, a distance of 60.02 feet to the POINT OF BEGINNING and containing 53.995 acres of land, more or less. 15037 Exhibit A DESC-ZONING-TR2-53.995AC.DOC Page 1 of 1 Amendment To Exhibit "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (Zoning Case 2017-01) 1.1 Purpose: The purpose defined in Planned Development(PD) 2006-01 is amended to include the development of single family residential as further defined below. 1.2 Zoning Classifications: Tract 2 may be developed in accordance with the standards defined in Retirement Housing District(RH), Corridor Commercial District(CC), Business Center(BC), R-8.4 Single Family and R-7.0 Single Family. 4.4 Street Requirements: The street shown on Exhibit C Concept Plan attached hereto as an East/West Collector(Hensley Lane)between McCreary Road and Springwell shall be developed with a sixty-five (65)foot right-of-way and a pavement width of 39 feet back to back of curb. 4.5 Secondary Collector and Collector Landscaping Requirements: Parkway tree plantings along the East/West Collector between McCreary Road and Springwell will be informal in appearance. Landscape plans for parkway tree plantings will be submitted to the Parks Department for approval. 4.6 Secondary Collector and Collector Sidewalk Requirements: In order to provide for a meandering trail on one side of the East/West Collector Street having a minimum width of eight(8) feet, the pavement will be allowed to be offset to one side a minimum of five (5)feet. This is in lieu of sidewalks being required on both sides of the East/West Collector Street, however four(4)foot wide sidewalks will be constructed on both sides of the divided entry at McCreary Road from McCreary Road to the first intersection east of McCreary Road. 5.0 PLANNED DEVELOPMENT— SINGLE FAMILY RESIDENTIAL 5_1 General Description: The residential development within this Planned Development District is intended to accommodate two single family residential uses. The residential units will be comprised of R-8.4 Single Family and R-7.0 Single Family. Development standards for each of the aforementioned housing types are outlined within these planned development standards. 5.2 Permitted Uses: a. Residential units as described herein. b. Private or public recreation facilities outdoor only. c. Utility distribution lines and facilities. 1 d. Parks, linear greenbelt areas, trails and walkways, playgrounds and neighborhood recreation facilities including swimming pools. e. Real estate sales offices and model homes during the development and marketing of the residential areas to remain open until the last home is sold and a certificate of occupancy is issued. f. Electronic security facilities including control counter. g. Directional signs pertaining to the development. h. Temporary buildings, advertising signs, and uses incidental to construction work on the premises, which shall be removed upon completion of the last home in the subdivision. i. Concrete batch plant, temporary during construction when approved by the TCEQ and permitted by code enforcement for the paving of streets, park trails and sidewalks within each phase of this subdivision. 5.3 Garage, Parking and Driveway Requirements: Garage, parking and driveway requirements for single family development areas shall be as follows: a. Homes constructed on R-8.4 Lots may have a two (2) car swing entry garage. A third single car garage door may face the street as long as there is a thirty (30)foot setback from the front of the garage door to the front property line. b. No parking space, garage or other automobile storage space or structure shall be used for storage of any commercial vehicle with the exception that a recreation vehicle, travel trailer,boat or similar personal vehicle may be stored off-street and behind the front building line by the owner or occupant of the residential premises behind a screening fence. The screening fence shall be constructed of wood or masonry and shall be a minimum of six(6)foot in height and be in accordance with applicable city ordinances. c. No driveway entrances shall be allowed to be constructed on the side or rear lot line adjacent to any secondary collector or collector. 5.4 Building Materials: All single family residential units shall have a minimum of one- hundred(100)percent of the exterior façade composed of kiln-fired clay brick or stone laid masonry units or masonry stucco, with twenty (20)percent stone or decorative brick accent, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two (2)feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. 2 The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: (1) When other materials are required to blend with historic architecture of the house. (2) When the construction is new infill construction and more than sixty percent(60%) of the existing residential structures along both sides of the street and between the two nearest intersection streets of the proposed location do not meet the above minimum standards, new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. (3) When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. 5.5 R-8.4 Single Family: R-8.4 Single Family units are a form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building exclusive of garages, breezeways and porticos is as follows: At least 25%of the dwellings 3,000 square feet At least 50%of the dwellings 2,600 square feet Remaining 25%of the dwellings 2,200 square feet b. Lot Area: The minimum area of any lot shall be eight thousand four hundred(8,400) square feet. c. Lot Coverage: In no case shall more than fifty-five (55)percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be seventy (70)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty (60)feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110)feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100)feet;provided all other requirements of this section are fulfilled. 3 f Front Yard: The minimum depth of the front yard shall be twenty-five (25)feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5)feet. A side yard adjacent to a street shall be a minimum of ten (10)feet. h. Rear Yard: The minimum depth of the rear yard shall be ten (10)feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(2 1/2) stories, or thirty-five (35)feet. j. The R-8.4 Single Family lots are to be developed in a minimum of two (2)phases. k. The maximum number of R-8.4 units shall not exceed 147. 5.6 R-7.0 Single Family: R-7.0 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building exclusive of garages, breezeways and porticos is as follows: At least 25%of the dwellings 2,800 square feet At least 50%of the dwellings 2,400 square feet Remaining 25%of the dwellings 2,000 square feet b. Lot Area: The minimum area of any lot shall be seven thousand(7,000) square feet. c. Lot Coverage: In no case shall more than fifty-five (55)percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty (60)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty (50)feet at the building line;provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110)feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100)feet;provided all other requirements of this section are fulfilled. f Front Yard: The minimum depth of the front yard shall be twenty-five (25)feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5)feet. A side yard adjacent to a street shall be a minimum of ten (10)feet. 4 h. Rear Yard: The minimum depth of the rear yard shall be ten (10)feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(2 1/2) stories, or thirty-five (35)feet. j. The 7.0 Single Family lots are to be developed in a minimum of two (2)phases. k. The maximum number of R-7.0 units shall not exceed 221. 5.7 Special Conditions: a. Maximum number of residential units not to exceed 368 lots. b. Key lots are defined as a corner lot which is backing up to an abutting side yard. c. Three-tab roofing shall not be permitted. d. No alleys shall be required within the Planned Development. e. Lots which back or side onto the North Texas Municipal Water District easement, the Oncor Electric Delivery Company and the Amenity Center property shall provide a wrought iron fence as shown on the attached Woodbridge Wrought Iron Fence Design to be installed by the homebuilder. The R-8.4 lots adjacent to the south property line which back onto the North Texas Municipal Water District property will have wood fences f Drainage & floodway easement and public hike & bike trails shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. g. The Amenity Center will be constructed prior to the issuance of a CO for any single family home in Phase I. Further park improvements will be completed in phases and prior to the issuance of any CO as shown on the Exhibit C Concept Plan, the Woodbridge North Park Fee Calculation and the Woodbridge North Park& Trail Cost Projection and Development Schedule. Any remaining parkland fees due in lieu of improvements will be paid to the City prior to the issuance of any CO in Phase IV. h. Lots that back up to Hensley and Springwell will have a six (6) foot masonry screening wall constructed with the same design and materials as the masonry screening walls in Woodbridge. 5 '� Mxaom "� b'�u FM snI ZONED PD n 1. iorvv v x mnne xn,—e „—,,„,,,,—,ELL„,,, a,„os rG' w ` • ` A ° J rvo cseTawms rv- etoo„oeweus xcm T %1- • ' ofaassry ✓oe cxrn c POINT OF BEGINJIN Si s o • POINT _ -yitsx,sEs "WE" vrtvn5,,, ' �TRACT1 . m E` ex rve n v/ I 1, II Q esrrvnE,sHa �> p, '^e e NR4ilw p� PROJECT o -- H. •reary Q 50 R.O:W1 F04-, tmeTac = 3e u I\ _ le ,,.... , _ 'A.VI.SACHSE SLI,VEY, \J .[ VICINITY MAP ABSTRACT • 1111,11.°11111,/,i,-'' ,,, LL I w - r u L NJ� . . , -. - ,rvue,'v,�Dsa I W PROPERTY DESCRIPTION N.T.S 1 VIPIZ ,xatr..,,a9re _ NO 835,City of klie,Collin Count,,Taros and being port of that tract r.2«T. ' BEING a tract of land situated in the WM.SACHSE SURVEY.ABSTRACT • of land described in Deed to'Noodbridge North Commercial I.Ltd..as � SR- Glg+- .40,,,- - 1 or a n - t d d f c„ v Texas r �_ tmxv c,�um ;xnE`r,��ef LJ p ,," 'AC 1 Ill* ., �— ZONED LI/SUP F, - tract of land described in Deed to Woodbridge h Development.LLC. cords,Collin $ UHuiii - '14111111. -ei i$1 / I 6Twloss ,,4an feet D point for comer ii IIIIIIIIeet a point r corn, _; ®®1 ." - �. �� THENCE moron sT de u e OD seconds East, distance or ce of 348.43 feet to greor �J u�„� x point tor corner; r rrt a,sose THENCE North as degrees 31 manatee oz seconds East, sa sv€ LIC ons, POINT of BEGINNING end containing aide sores ore to t I l-I 1 ax ,r dare, of and more or less. 1 SF-7.0 PARKT.C. PROPERTY DESCRIPTION (6mS) 2.59AC -— S69'60'17LW 1946.7 1 oev t T - ri"_. nos e.se of uuf ,f Doom nrD_ r'"' T.P.&L ZONED A/30 1 ,a , BEING o tract of land situated In the Vi.1,1.SACNSE SURVEY.ABSTRACT NO.835.City onccT / tots _ d a e.ta o a z,a,or sod - --_;;— �xeartarvf „�r� ,aFYa e�,�x�x Y ,n„ e�»; i -- -- o 1,eor s 05 m ute,53 seconds East a d,texee al arze.drz feet 1 y � �� SF-E 4 L m �t�„xe�,dx Exst e d,tonee xf�� feet p , : N89'60'27 E (70'S) '.. roe � � �� $.0"'LO'LOW I ,� nont for romm e ea m eat e distance.f 34e75 feet '� 50 RAW. lit*t 'MENITY _ 1 CENTER 1 zeraaa n eo 'e ' - N69'`[ 60.02' , . . ,x ne e t sea, eeo a d fset •x o N_ eex,�.�„x. t.rz,r ^d E aE,of t �Rm.„max t II� 'IP - IENSLE•Y:1.41E 65'RAW. sexy e� ee axn�„e,ex _ — x'ureaxv,rrsose y >r POINTOF BEGINNING xstes,3 seconds Eo rze reef to 1 i I RA 2 �� TRACT 2 ZONED PD ( S) J et to IoN, ?rva axe�aa 95sas°a�•. orz f i� 10' 53.995 ACRES /r� I ,_ ,` f 5vR.fZ.W, \ -� SECTION LOT COUNT AREA(AC) DENSITY Y S. O a(so:) a 4.86 4.0 tnwscJ , 1� �'[ SF-8.4 CP� 5 VI '�1 Sr-8.4(JD's) 147 45.79 3.2 ,rxC No t o vin%1 9'il• ': (70 ? �� - __ ��' f`t AMENITY CENTER N/A 3,5 N/A TOTAL 36e LDa.Ls 3.5 111 �� - -w \ EXHIBIT C , 5s:R.O.W. 8.4 CONCEPT PLAN — — ( %o=��3„ (7O -I WOODBRIDGE NORTH \ , /, �x�e' — �YJIE —_ — — — �66•et'az•w 216s.99 • • 104.15 ACRES : -----__ _ SACHSE • • • • WYLIE,TEXAS CJ. VOLK onsulting 91;2�.23111 TRegistration No.F„s62 kyke Wylie City Council AGENDA REPORT Meeting Date: March 28, 2017 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 14, 2017 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Poorkiyani Addition, creating a single commercial lot on 0.477 acres, generally located north of FM 544 and east of Springwell Parkway. Recommendation Motion to approve a Preliminary Plat for Poorkiyani Addition, creating a single commercial lot on 0.477 acres, generally located north of FM 544 and east of Springwell Parkway. Discussion APPLICANT: Byran Rogers, Better Design Resources OWNERS: Kumars Poorkiyani The property totals 0.477 acres and will create one lot. The owner is proposing a commercial building for the one lot, of which the site plan is also on this agenda. The plat also dedicates the necessary rights-of-way, fire lanes, utility, construction, and drainage easements. This Preliminary Plat complies with the applicable technical requirements of the City of Wylie. The Commission voted 7-0 to recommend approval of the request subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Page 1 of 1 1 OWNER'S DEDICATION AND ACIMOWI FDCFMFM SURVEYOR'S CERTIFICATE ENEEk co..DF COLLIN § COUNY OF HUNT § WHEREAS A API Property LLC,a fella WnSted Hob.%company is the owner of o tract of land siluoted THAI I.John a••,do hereby certify survey of the in the Stote of lexos,County of Collin,ond City of klie, aI f aced undery personal supervision DaJlasAra Rapid transi Subdivision(Unrecorded on)o in occordonce with the Subdivision Ordinance of the y o Wylie. recorded in Volume 1003,Page 405 of the Col.Counly Lond Records,and being the same tract of land described in deed recorded under Document No,20161123001593460 of the Collin Land r e f e435 006 of he Con Land `i Records w1 said premises s<s g more described as follows; R.RLS.No 6061 *BEGINNI1/z +onri-cvs as recorded n Volume 1003„Page 405wo! es Collin e County Land Records marking the northeast Cm unimproved Lot 5, ACKNOWLEDGEMENT ♦60B1 U; w. 9 C ddiond the northwest corner aid C[a hmod Vahidton s lot as recorded under Document No.20140324000274700 of the Collin § 3J S 3— — County Land Records; COUNTY OF HUNT § 'x NeNNN N 2 - • sl ed JMn BLaa k F.2555n2e.45 )S z B59 said Masoude lzadkhaheA<Ahmed Vahidtars,s lot,South d 00'0500"East.west 6eie 1/2-'inch with w same was executed for the purposes and consideration therein expressed. o to me that the I , I I n. s. K5. zA P right-of-,Tin a No.544 s(120'aFight-of-Way) marking I d F.2IIs4o5 / corner ofhos colueheas4 corner of R5]1 acre trod premises.-the has recorded in Volumnortheast4484. o9 s2232 0f the Collin my and north.. h 1 r T I POINT OF tl o.D 484, 2}2 f to N o Records: GIVEN UNDER MY HAND AND SEAL OF OFFICE.this the day of 201I. I I BEGINNING THENCE with the north right-of-wayIn no rth / t.copJI ( / smmvpp stomped Not Pb' d r The Slate of lexas 0.0543 ocre tract.the northeost corner of a called 0.0516 acre tract os recorded in Volume 4321.Poge 5063 -,,,,,;1:-:-,,,,,, tM1 C C L d R d t t t d 0.83 ci d d d Document o My son epore,on. No.200906,000754200 of the Collin County Lond Records.be,ng in-the west line of Lot 5,ond in the east -af L` d�pSi GPl aQegom �� of Lot 4 of sad addition,non,which a Tmm monument found bears South 895 4e West,409.76 feet, e C P9 ie60. /2 e R ear A the east line of said Lot 4.and the east 1W�Pq�°Isl��,v t.'PI' line of soid 0.483 ocre trod,North 00,13PHi West,181.97 feet to o"CLAS RPLS 6081"set in the south line of the oforementioned 10'unimproved olley morking the northwest corner corner r eeamman a a pp a.a o or El 0.483 o<e t act o which o /2e c o rod-found s No 820 ass set o I THENCE 88+no south roo E sold 10'unimproved a y,the north II of Lot 5.and the north said Cdy of,;,,elo as z g mmission Date Lot 1,Block A - - p•ems s,5 4 13 Ent .118.59 feet to, point of beginning and containing 20,778 A feet or 0.477 .25 e B,7IB JL.L.or 649 Acre le L #Ih 7 ° OWNER'S CERTIFICATE Called — ppp,uolU ,,00c §PNo ;o aooea 2slomoo,cca a� n come'OF coum § sty of�,re,Texas Date Nhgf,Ys"f- „adz- Mayor, za as { Now THEREFORE(KNOW ALL MEN BY THESE PRESENTS accepted lhol,1 rya(prepaty LW,,a Amos M..Ha.,company,a tin herein by and through its duly this plot designated therein ry �z.ra.y c.,,�. r ove described property os Preliminory Plot of Lothorized P.Moe.A of paMty 1 ,a hereby arn 4.11 of'M lie,C y to the shown thereon.lhe streets and alleys.if any,ore dedicated for street purposes.The easements and public s Mayor,City of kllie,Texas Date ,I- i,e.oz areas,ore dedicoted,for the public use forever,for the purposes indicated on this plat.No buildings,fence tra b t t 9 t b d d t o 8I cm 4 o n r approvedthe City Council of the City of Wylie.In oddition,utility eosements moy olso be used for mutuol use o. Preliminary Plot by alders Pled o hLot City,Block of Poorkvp Sec. of the City of E4U*o theie,Texas,hereby t certifiesy of^ryetrot was the Emitted to In .de,. r accommodalion of all public utilities desiring to use or using the same unless the easernen1 limits the use to City Council on the duy of ,2017,o.-the Council,by formol oction,then o. X particular utilities.said use by pub,utilities being 7f- P''''''''''.4- as shown and set forth in and upon said plot and said Council further pe iseian lam y subordinate Au zon 11,1-1,Cni,ty,,sef,Illetroeneds,pstliup,:1i,lities ent!ties shall hove-the right lo.remove p.keep removed oll or ports of opy authorized the Maw to note theaRonce the,a y me ns =<bed P theconstruction, t y trespectivet a t c Wyliee EKELEZonrW< p l ae 2 public utility entities shall al all limes hove the full right of ingress and egress to or from their respective the day of funa A �s3 at n fort e g ,and adding to or removing all o pals or mew eepeex systems without the necessity v eprocuring Co cn _ 35s 1SS9514919 p, reMC,1 C6 uw.«z aNcJr u a _-- s iscck Ihis N p dinanas.,glee, 9 iDns and re>9latione to me r or Wylie,le.s. Ty Qi`tie�lexass r me.C� wvNEs Pand,this the day o D By: Q Authorized Signature of Owner Printed Nome and Title F.M.Road No.544 ACKNOWLEDGEMENT l„n.o.a-ink § PTAH OF TEXAS co..OF CDLLIN § BEFORE undersigned ed Numara parktbat,,k w n me to be • thep rs subsc.bed to instrument,who acknowledged to me that thesome was C € executed for the purposes and consideration expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the .day of 2017 Nplory Pu'oli and far Preliminary Plat of Ive m`missioneaP es Lot 1, Block A VICINITY 1 N PoorkiyaniAddition m.k2 N.r.s. NOTES D NDS S VDA,IDN of CITY ORDINANCE ND �� art. One lot of0.477Acre 1)SELLING A PORTION or,S ADDITION Be METES AND R n..aeoea, being the Remainder of Lot_S of STATE I semeDsISISKRLEC,"roEINESdaN�oabe�a�tNDrDreea,el„ES"ANOLRK,LDINCePLRMDsoIN x,.•, rx.•aeo„.i'if' ti, .....)<___ , cCord'SLittleSixSubdivrsion(Unrecorded) °,, =y 1--e 20080924001145740 N Moses Sparks Survey,Abstract No.849 3) d t ,Lot 5 Little (Unrecorded)as r Les�A City of Wylie,Collin County, Texas SITE c c a Records. recorded a t N. a s ecor s. a,� January 10,2017 f Tu z« per Map Number 480850,1ect 15 Je of y lies e F.EnMt.AI Flood Special Insurance Rated Maps for Coll Area in County.Te and owner. - Surveyor: - =66 6/16%,T J/ c rpo led Areas rotor 9(Po v)I This statement v to he Surveying mvrnvslzarTUCcoTezvwv Iaand/ar structures wlbe 6 Gooding o ood damagem on ooa relater moods o aid we ` .. as 5 wau< n x occur and flood heights may be increased by mon-mode or natural causes. lhe above flood ScAlee 1^-20r 93ao Rooe A tg z 549e e ace at sad aRM on l e pa t of the s v s v makes na ep esentauan ae m the Plana,Gia Tso2s�4p46g s ��GULsLadd Surveiiit,Ft _ n racy er °` John cla, > ,u Attn: .Wolfe 1h a So Stole Plane Coo�natas are based on CtY of Wylia Nonummt No.5 H NeTH mors Y to0b�<g6-2oa4 Op C 9 Is /4796 May a (214)7Tr6460 glaslandeu,xennsrom re. J zce> I>J say-raze ` UNUNNNUNNNnates C2 25.00 ,T.o2 aP(� N",o939za J Wylie City Council AGENDA REPORT Meeting Date: 3/28/17 Item Number: G Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: 3/14/17 Budgeted Amount: Exhibits: Resolution, Exhibit Subject Consider, and act upon, Resolution 2017-10(R) approving and authorizing the publication of notice of intention to issue certificates of obligation. Recommendation Motion to approve Resolution No. 2017-10(R) approving and authorizing the publication of notice of intention to issue certificates of obligation. At the March 14, 2017 Council meeting a work session was held to discuss the possible issuance of certificates of obligation to fund a new water metering system and the Nortex ground storage water tank. Council directed staff to proceed with the issuance of debt for these purposes. This evening Council is requested to consider and approve the publication of the notice of intent to issue the certificates of obligation. This notice must be published in a newspaper of general circulation in the City once a week for two consecutive weeks, with the date of the first publication being at least 31 days prior to the issuance of the certificates of obligation. Council will be requested to approve an ordinance authorizing the issuance of the certificates at their May 9, 2017 regular meeting. Page 1 of 1 RESOLUTION NO. 2017-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of Wylie, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended, for the purpose of paying contractual obligations to be incurred for(i)improving and extending the City's Waterworks and Sewer System and (ii) professional services rendered in connection with such project and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates are to be issued and (iv) the manner in which the Council proposes to pay the certificates; now, therefore, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in a principal amount not to exceed the amount set forth in Exhibit A attached hereto for the purpose of paying contractual obligations to be incurred for (i) improving and extending the City's Waterworks and Sewer System and (ii) professional services rendered in connection with such project and the financing thereof, and such certificates shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least thirty-one (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Texas Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. 28097087.2/11700928 Resolution No.2017-10(R) Approving and Authorizing Publication of Notice of Intention to Issue Certificates of Obligation. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 28th day of March, 2017 ATTEST TO: ERIC HOGUE, Mayor CAROLE EHRLICH, City Secretary 28097087.2/11700928 S-1 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF WYLIE, TEXAS, CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Wylie, Texas, shall convene at 6:00 o'clock P.M. on May 9, 2017, at the Wylie Municipal Complex Council Chambers, 300 Country Club Road, Building 100, Wylie Texas, and, during such meeting, the City Council will consider the passage of one or more ordinances authorizing the issuance of certificates of obligation, in one or more series, in a principal amount not to exceed $7,500,000 for the purpose of paying contractual obligations to be incurred for(i)improving and extending the City's Waterworks and Sewer System and (ii) professional services rendered in connection with such project and the financing thereof, and such certificates shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended. The proposed certificates of obligation will be issued without further notice and without approval of the voters of the city unless a sufficient petition, signed by at least five percent of the qualified voters of the city, protesting the issuance of the certificates of obligation is filed with the city secretary, within 30 days from the first publication of this notice, prior to consideration of this matter by the Wylie City Council at the above time and date. In the event of the timely filing of a sufficient petition the city council may not authorize issuance of the certificates of obligation unless the issuance is first approved at an election. Carole Ehrlich City Secretary City of Wylie, Texas 28097087.2/11700928 A-1 kyke Wylie City Council AGENDA REPORT Meeting Date: March 28, 2017 Item Number: H Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: March 14, 2017 Budgeted Amount: Exhibits: 1 Subject Consider and act upon vendor application for Wylie East High School Cross Country Team to sell items at a cross country meet to be held September 2, 2017 at Founders Park. Recommendation Motion to approve a vendor application from the Wylie East High School Cross Country Team to sell items at a cross country meet to be held September 2, 2017 at Founders Park. Discussion The Wylie East Cross Country Team would like to sell items such as concessions and t-shirts at their meet that is to be held at Founders Park on September 2, 2017. This is the second year of this event. Funds raised from the items sold will be used to support the cross country team. The Parks and Recreation Board approved the vendor application by unanimous vote at their March 13, 2017 meeting. Page 1 of 1 iiii(f PAr KS Al m... II/'m,GREAT',.... .. Ci TY 0 F WY i 300 Country Club Rd, Building 100,Wylie,TX 75098 qi Office: 972-516-6340/Fax 972-516-6355 Email: parks@wylietexas.gov 11, °Gt I a*, /L � I I ..lt uuuq I, i 111 ► ",uiul G; I f uu� I.,.r, ii �IId l , .,,u 0 „ I 710 fi nnnl i1mlllp� ,.....l...� uuiiiiiiipuu�u�uu�u�uu�u�uu�uuuiiiiiiiiiIIIII EO 1 1m I Iu 1eemt,,R � I � o , t,V. i ,,,,,, 00:*1 itifirr ...........I, � ,,� ��1� " ,' �„ u,m l"i'„ „�o l .e n llu0/, 1fnI I 1mt hnj rg��I „m umi I sI,;u;s um W ommmnmmllrllui!ufuuu;uuuuu2uuuuu-uiu'uu uuuuTu uu,uuuuuuvul u,uuu,u,,u,u,t'uuu uuuu uu1u'du,i.nu;,li uuiuuyu,u/u-u1.,uu uu`uuuu uuuu u„u Iu uuuuuu uu,u uuuueuuu u uuuIu 111 1 I I,, III reu I I.„® l � �� I „ �d,d��y � 1 I � �� p �� 1��u "�nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnlulnlulnlulmI I I II li Applicant In film rmilati„sun. Name of Organization: Primary Contact Person's Name: w�i l'eEastross Justin Y Country Eddy Organization's Phone Number: Primary Contact Person's Phone Number: 912 429°°3000 214.99s_1901 III Organization's Address: Primary Contact Person's Address: 3000 �� East Drive, �� TX 75098 2104 Avenue,Wy��lie,°°°TX°°7°509°s WylieWylie, SerenityY Organization's Website/Email: Primary Contact Person's Email: www.w l'e'sd.net Justin.etl w l'e'sd.net Y Justin.eddy@wylieisd.net 1 Organization's Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email: � . �Sohntcheii/972g10011/1ohnmtne@wYiesnet Event InfuemrII1'blati.1u:'. EVENT NAME/TITLE: Raider XC Invitational Event Type(fundraiser,etc.): Purpose of Event: UIL Cross Meet Local Cross CountryMeet for surroundn area Country g Event Location: Proposed Event Date: Alternative Date: St d Founders Park/Wylie High School 1 Date—9/2/2017 2 Date- 8/26/2017 un.Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup): 2(((Wylie East Cross &Wylie�� EastAthletc Booster Club) III 5:10A PM (Wylie Country Anticipated Event Attendance: Event Target Audience: 500 Runners 650 totalw th spectators I1i1 Cross Teams athletes arents p Country ( p coaches) EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. Drinks: PowerAde(Mountain Berry Black, Lemon Lime, Fruit Punch),Water,Canned Soda (coke,diet coke,sprite,dr. pepper), Bottled Juice(apple and/or orange),coffee,hot chocolate Food/Snacks: Precooked sausage biscuits(we will be reheating them, purchased from Sams), prepackaged muffins,chips(lays, nacho cheese doritos, ranch doritos, hot fries, hot chips), pickles, protein bars,bananas,oranges,fruit snacks,assorted candy (m&m's, peanut m&m's,snickers,sourhead extremes,skittles,sour skittles),shaved ice T-Shirts NOTE: If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the Collin County Environmental Services Office in McKinney (972-548-5585 www.collincountytx.gov)in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine food preparation and storage equipment to assure the health and safety of customers. Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars, tobacco,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.7-29-16 �� Wylie City Council AGENDA REPORT 'a yP 4+rv9Mka{ pr, kl.Pl MYYk fl'tl'�MA Meeting Date: March 28, 2017 Item Number: I Department: WEDC (City Secretary's Use Only) Prepared By: Angel Wygant Account Code: Date Prepared: March 21, 2017 Budgeted Amount: Exhibits: 1 Subject Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2017. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of February 28, 2017. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on March 21, 2017. Page 1 of 1 Wylie Economic Development Corporation Statement of Net Position As of February 28,2017 Assets Cash and cash equivalents $ 1,086,954.78 Receivables $ 431,315.78 Note 1 Inventories $ 8,913,591.72 Prepaid Items $ Total Assets $ 10,431,862.28 Deferred Outflows of Resources Pensions $ 66,481.55 Total deferred outflows of resources $ 66,481.55 Liabilities Accounts Payable and other current liabilities $ 110,286.65 Unearned Revenue $ 221,649.12 Note2 Non current liabilities: Due within one year $ 1,971,081.42 Note 3 Due in more than one year $ 3,948,895.25 Total Liabilities $ 6,251,912.44 Deferred Inflows of Resources Pensions $ 2,839.41 Total deferred inflows of resources $ 2,839.41 Net Position Net investment in capital assets $ Unrestricted $ 4,243,591.98 Total Net Position $ 4,243,591.98 Note 1: Includes incentives in the form of forgivable loans for$371,666.66 Note 2: Wylie Ice Cream loan payments;Exco amortization;deposits from rental property Note 3: Liabilities due within one year includes compensated absences of$57,489.00 Note 4: The WEDC provides monetary incentives to companies to relocate/expand within the City of Wylie. At February 28,2017, these commitments totaled$589,500.00. -•- • --•• 4-17-2011 08141 AM' CITY OE VISIT E •PAGE: 1. BALANCE 3)155) AS or?. rEttRUARY 287A, 2417 11.1-WYT.IT ECONOMIC', 0 EVE L CORP ACC OUNI). TITLE STS 1000-10110 CLAIM ON CASH 4 CASH F4.11.11V 1,00 9,85A.79 1000-10115 CASG - WEDS - I NWOOD G.00 1000-40135 5t9 CROW 0.00 1900-1U19It DE FOS I T S 1,000.00 1000-10198, OTBER, -• M I SC CIEARING 0.00 1010-ID 441 It XV 00 L 10.00-10444 LOGI C 0.00 10114-I.(1461 INTERESI" RES'EIVAB LE H o o 1 o o o-1.1.,.,.:1 11,. ACCTS REC - MI EC 0.01, 10001-11517 ACCTS PES, - SALES', TAN 0.00 1010-12810 LEASE PAIMENIG RECEIvAatz a.0 o i 000-1.215 0 LOAN P P CS'EE D$ BEGET VA HLE, 4,,GO 1000-11',086 LOAN BEGET VARTA; 58,6485,12 1000-12,,I.,.,:o ASSTS. SEC -• TIM TESL 0,00 1000-1.2988, AC To REC. - FORGIVEABLE L OANS 371,6,66.66 1000-14112 INVENTORY - 51A11E:R.1A1/ SUPPLY 0„OU 1000-14 1 t 6. '.1114151CM)RY - LAND 6 B.(I I LOT NG'S 8,9 t 4,507.72 1 0 0 0-14118 INVENTORY - BAYS()i SANDE N BLVTI GC GO 1000-1431,0 PREPAID' EXPENSES - MIS C 0.01 t 000-444 Cl1 ' 11.W.TBRRED OUTFLOWS 589,500.01 „........................................ 11,021,402.28 ......................................................................................................................... TOTAL A SSE'TS, 11,01U,..'7,1(It•.28. LI ABILITIES 2100-201.10 FEDERAL I Nr.OVE TAN PAYABLE, 4,.01, 2 0 00-20111 MEDI CARE PAYABLE )CO) t't 400-20112 C. 120H SUPPORT PAYABLE (.I..60 2000-20114 CltED 1 T UN ION PAYABLE. 0.00, 2000-t2,0114 IRS LEV Y PAYABLE 0,00. 2000-20415 NAT T OVW I DV DEFERRED SOME 0.00, 20 GO-2011.6 HtALT El: T.N SUP. PAY-EMTIOYEE I 0.09) 2000-201 ID Ti IRS PAYABLE 4.08 2000-2011.8 POIB. IRA. GA Y ABLE 0.00 2000-241.19 WORKERS COM P' PAYABLE 0.00 0 0 0-101 2.0 F ICA PAYABLE 0,00 2000-20121 TEC' PAYABLE 0.00' 2000-21122 STUDENT. LOAN' LEVY PA YAB LE 0.00 11,000-20123, At TVONY PA 121I5LE 0.00 204 0-2,012,A 8 Alix RIJ ITS Y PAYABLE 0,04, 200U-2012B, VATIC" DEFERS1E D COMP 0.00 2000-201526 IC MA. PAYABLE, 0.00 2000-20121 ,,t:Wit.. L E GAD SERVICES GAY AB T E 0,00 2004-20130 FLEXIBLE SPENDING ACCOUNT 1211„00 20U0-20141 EDWARD TONES' DEFERRED COMP 0.00 2004-20132 CMP CARR, PLITT, 12,00' 2014-2011'31 AG CRDED, WAGES PAYABLE 0.00 2000-20180 ADD IT EMPLOYEE I NS4 R PAY 0.00 2004-20199 MX..1,;(11 PAYROLL PAYABLE 0.OU 3-17-2o17 OBOI2 AM CITY.' OF WELLS PAGE:: BALANCB SHEET AS DX: FESNNARY 291H, 2E17 III-WYLIE ECONOMIC LEVEL CORP AOSONNT4911 2000-120,101 AP RENDING 40108.92 2000-20210 ACCOUNTS PAYABLE 1B15,200„13 2000-20530 PROPERTY TAXES PAYABLE 0,(0 2000-20540 NOTES PAYABLE 589,500.00 2000-20810 DUt TO GENERAL FOND 0.00 2000-22270 DEFERRED INFLOW 2E0,6402,12 2000-1°2275 CEP rNIFtow - LEASE PRINCIPAL 0.00 2000-R2200 DEFSERED INFLOW - LEASX INT 0,00 2000-22915 RENTAL DEPOSITS 0,000,00 TOTAL LIABILETIES 921,435.6X SQUITE cptsop. 3000-34110 FUND :BALANCE -, RESERVED, 0.00 0000-34500 FUND BALANCE-BNXENERV/UNDESIG 892290151.16 TOTAL BEGINNING EQUITY 0,2200352,46 TOTAL REVENUE 2„988,169„93 TOTAL EXPENSES 1,116,200.19 REVENUE OVER/qUNDER) EXPENSES 1,870,569.14. TOTAL EQUITY 0 22441427141229E91 10,099,906.60 ToIAL LIANILITqES, EQUITY 6 OVERSUNDRIO 11,021,302,28 3-17-2117 08 r AM 1:IT Y' OF WY L.1,E PAGE t. 1 AA LAN CE SlIZST AS' (..11.7: FEBRUARY .2:8T A, 21)I 1 922-GEN 1,044; T ERA DE ET (WEDGi ACCOUNT# TII1E ASSET,ti. 1000-1.0312 4;',(WE0NTIF.,N1' NO1 ES 0.00 1000-181,10 LOAN - OZ N., 0.4) 1100-18124) WAN - 9101.,,a 14,D HAM 0,,OD 1000-1821A, AMOUNT 1" bE PROVI DED 0...00' 1000-16220 RI RV I Nq':',, AM LOAN: 0„00 1000-4 1050. DEE at T F Low - cONT RI ENT1 O.N E 21,922.29 1000-1 9075 DEE 01j1FL 0 W - 1 NVE S.'T.WENT E x,;2 34,331.,48 1000-19101 DEE O11I40.04, ..- ACT EXPIAss NMI, 4,22 5.78 III'0125 DAINj I LOSZ ON ASSI,INTA.T1 ON C ak', 2,8 39,41) 65',6427.IA TOTAL. ASSETS 6.37,642,14 —„----,----- il AWL 1,ITIE'S „.,-.5„,,,..,......,,,........,„ 2000-20310 C'OMP EN SA TZD ABSEN(,,ZZ PAYABLE 84.,691.61. 2000-.20311 C.011P AESENT.:ES PAY ABLE-C1J Ft REJNT 0,.00 2000-.21410 ACCRUED t NTERES1 FA YARIE 4.,680.85 2000-28205 WE IX LOANS i CVN.RENT 1,908,,,,,t 6.1..,5/ 2000-28220 at MI N(,,, AM LOAN 4),.0.0 2000-282:30 1 N WO 00 1 1131 0.00 2000-282.32 ANA LOAN'EDGE 0,00 1000-28233 '04)4 LOAN i PE D DI CORD WH vrt 552,8.73.4-' 2000-282,34 ANA LOAN/RAN DAC X, HUGH IFS; 20,995„75 200.0-28215 AN A LO.AN! 0 00 2000-28236 ANA CONaT RUCVI ON LOAN 0,00 2000-,2817,0 MO?) LOAN„i' WOODBR1 DGE PARnA Y 548,207.60 2000-.28218 ANTI. LOAN./aUcAA NAN 1.62,441..60 2000-2 823.9, AN a LOAN(JONES t NOB A RT RAY 07E 193,69773„04 2000-2 8240 at mit s LOAN 0.00 200 O.-282A.5 AN a LOAN/DALLAS WHI RIPOOL 2,000,000.00 20011-2 a247 JARRABD LOAN 281,872.44 2010-28251 CI T Y 0 F' W.YL I E, LOAN 0,00 2010-18260 PRIME XV T S LOAN 0„00 2000-28270 80W LAND/A N b ERSDN LOAN 0„0 0 2010-28.280 c Ap 1 PA), ON C22211 LOAN 0.04) 2010-.28.291 13413A0111 COMMEa„CE LOAN 0.0 G 2000529151 NET a E Nal ON LIAS 1 1,IT Y.' 1,88,812-13 TOTAL 41 Aa ILI:TIES 5,,947,181_2R EQUITY 3.000-50$00 FUND BALANCE-UNRES.F,RVJUNDEsTG( 3,736.4426..501 .3000-359A0 UNRESTRICTED NET' POSITION 3 114,969.00) TOTAL 3EGINN INC; E0011Y 4 3,,850,998.5(1) TOTAL REVEN.UE ( 2,30.0,0.0 0.00) TOTAL a XPENS.a ar. ( 267,459.361 3-17-2017 08 31 AM CITY U F WYLIE PAGE 2 NCE SHEET A3 or FEBRUARY 28T 2077 922-GEN LONG TERM DEBT (WE DC ACCOUNT'# TITLE REVENUE OVER/ UNDER) EX PEN S0. 2,032,54() 6411 TOT AL EQU I Y & OVER/(UNDER 5,883,539 14) TOTAL LTA BILITI ES EQUITY OVER/(UNDER J, 63 642 14 3-16-2017 01:44 PM CITY OF WYLIE RAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS CC: FEBRUARY 28TR, 2017 111 WYLIE ECONOMTC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE RALANCF BUDGET TAXES ss„„„......,. 1000-40150 REV IN (FLU OF TAYES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-40210 SAT ESTAX 2467,295.00 276,697.76 0.00 670,852.81 0.00 1,796,442.19 27,19 TOTAT. TAXES 2,467,295.00 276,697.76 0.00 670,852.81 0.00 1,796,442.19 27.19 INTERGOVERNMENTAL REV. 4000-43518 380 ECONOMIC AGREEMENTS 0.00 0.00 0.00 3.00 0.00 0.00 0.00 TOTAL INTERGOVERNMENTAL REV. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST INCOME 4000 46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 1,000.00 205.96 0,00 1,236.23 0.00 ( 236.23) 123.62 4000.46140 TEXPOOL INTEREST 0.00 0.00 0,00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 (I,00 0.00 0.00 0.00 0.00 4000 46150 INTEREST EARNINGS 2,962.85 251.64 0,00 3,480.79 0.00 1 517.94) 117.48 4000-46160 LOAN REPAYMENT (PRINCIPAL) 8,995.15 744.85 0.00 3,693.46 0.00 5,301.69 41.06 4000 46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 12,958.00 1,202.45 0.00 8,410.48 0.00 4,547.52 64.91 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 72,600.00 12,500.00 0,00 40,506.64 0.00 32,093.36 55.79 4000-48310 RECOVERY PRIOR YEAR EXPEN 0.00 0.00 0,00 0.00 0.00 0.00 5,00 4000 48410 MISCELLANEOUS INCOME 115,758.00 0.00 0.00 0.00 0.00 115,758.00 0,00 4000-48430 CAINi(LOSS) SALE OF CAP ASS 1,350,000.00 ( 31,000.00) (1,00 ( 31,000.00) 0.00 1,381,000.00 2,30- TOTAL MISCELLANEOUS INCOME 1,538,358.00 ( 18,500.00) 0.00 9,506.64 0.00 1,528,851.36 0.62 OTHER FINANCING SOURCES 4000-49165 TRANSFER FROM GENERAL. FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000 A9325 RANK NOTE PROCEEDS 0,00 0.00 0,00 2,300,000.00 0.00 ( 2,300,000.00) 0.00 4000-49550 LEASE PRINCIPAL PAYMENTS (0 0.00 0,00 0.00 0.00 0.00 0.00 0,00 4005-49600 TNSURANCE RECOVERTES 0,00 0.00 5,00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 2,300,000.00 0.00 ( 2,300,000.00) 0.00 TOTAL REVENUES 4,018,611.00 259,400.21 0.00 2,988,769.93 0.00 1,029,841.07 74.37 31 3-16-20.17 01044 PM CITY OF WYLIE PAGE( 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AU OF ISEBRUA.RY 28TH, 2017. 111-WY LT E ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR. Y-T-0 Y TO BUDGET % OF BUDGET PERIOD PO ADTUST. ACTUAL ENCUMBRANC.E BALANCE. BUDGET PERSONNEL SERVICES 5 Ci3.1-5.1.110 S A I AR I E S 267,575.00 20,593.72 0.O0) 108,315.25 0.00 159,259.75 40.48 5611-51130 OVERTIME 0.00 0.00 0.001 0.00 0.00 0.00 0.00 5611-51190 IC)NGEV T TY PAY 1,168.00 0.00 0.()0 I,:1.68.00 0.00 0.00 100.00 56.1.11-511.45 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-5116(1 CERT I F I CAT I ON I NCENT I VE 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611.-51 a.'/0 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0 00 0.00 0.00 0.00 56.11.-5.121(1 CAR ALLOWANCE 12,6(10.00 969.26 0 00 4,678.66 0.00 7,921.34 37.13 5611-51220 PHONE ALLOWANCE 4,656.00 0.00 0.00 2,328.00 0.00 2,328.00 50.00 5611-5 I 230 CLOTH:INC) ALLOWANCE 0.00 0.00 0.00 0.00 0.00 ().00 0.00 05611-51260 MOVIN(.1 ALLOWANCE; 0.00 0.00 0.001 0.00 0.00 0.00 0.00 5613.-51310 "MAR3 42,421.00 3,250.20 0..00 16,894.35 0.00 25,532.65 39.82 5611-51410 HOS P I TAL & LIFE IN,S11.R.ANCE 32,521.00 2,850.1.2 0.00 14,000.12 0.00 1.8,520.88 43.05 561.1-5141.5 EXECUTIVE HEALTH PLAN 0.00 0.00 0.GO 0.00 0.00 0.00 0.00 5611-514'2.0 TONG-TERM DISABILITY _1,471-00 83.93 0.00 4 68.98 0.00 1,002.02 31-88 56.1.1.-51.440 EICA. 1.7,443.00 1,278.10 0,00 4,276.75 CLOD 13,1.66.25 29.52 5611-51450 MEDICARE 4,079.00 298.90 CI 0° 1,601..72 0.00 2,477.28 39.27 56 1 1-51470 WORKERS COMP PREMIUM 71.6.00 0.00 (1,00 495.36 0.00 220.64 69.18 :0611-51480 UNEMPLOYMENT COMP (7.3017) 81.0.00 0,00 0.00 0.00 0.00 81.0.00 0.00 TOTAL PERSONNEL 7'ERVICET1 385,466.00 29,31.4.23 0.00 154,221.19 0.00 231,238.81 40.01 SU P PLIES 5611-52010 OFF'I C E SUP PL TES 5,500.00 71.0.05 0.00 1.,021.91. 0.00 4,478.09 1.8.59 5611-52(14 C1 POSTAGE & FREIGHT 980.00 7.49 0.00 16.89 0.00 963.11. 1..72 D 611-52130 TOO) ,/ EQUIP (NON-CA I°ITAI1 0.0() 0.00 0.00 0.00 0.00 0.00 0.00 5611-5281.0 FOOD suppLiEs 2,250.00 298.20 0.00 482.08 0.0(1 1,767.92 21_43 5611-52990 ()THER .5 000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL F111PPL LE S 1.3,730.00 1,015.79 0.00 1,520..88 0.00 1.2,209.1.2 11.08 MATERIALS FOR MAINTENANC 5611-54630 TOOLS 6 :EQUIPMENT 0.00 0.00 ().00 0.00 0,00 0.00 0„Of) 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0,00 0.00 187.50 0.00 2,812.50 6.25 5611-54990 OTHER 0.00 0.00 0.00 0.00 0 00 0.DO (),0)) TC)TAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 187.50 0.00 2,81.2.50 6.25 CONTRA.GIDA.I SERVICES 5611-5603(1 IN CENT 1 VES 1,175,281.00 32,000.00 0,00 439,1.22.00 0.00 791,159.00 36.99 5611-;:l 6090 S PEG IA C., SERVICES 1.27,600.00 '1,210.37 0.00 59,531_49 2,479.00 65,589.51 48.60 5611-56080 ADVERTISING 194,700.00 6,295.00 0.00 1.3,016.00 300,00 1.31,389.00 9.20 5611-56090 COMMUNICCY DEVELOPMENT 52,000.00 3,1.30.00 0.00 11,'133.36 1.,750.00 38,51_6.69 25.93 5611-.56110 COMMUN I CA 011 I ONS 9,350.00 463.38 0.00 2,271.78 1.1.3.97 6,969.25 25.52 561.1-56187) RENTAL 29,328,00 2,953.92 0.00 1.4,419.42 0.00 14,848.58 49.37 5611-56210 TRAVEL & T.R.A IN I LIG :36,000.00 1,425.30 0.00 6,906.35 0„C/O 29,093.65 19.18 5611-05 6250 1/(3ES & S(I a s C RI PITONS 1_9,560.00 687.86 0.00 5,779.44 0,00 1_3,780.56 29.55 5611-56310 INSURANCE 4,310.00 0,00 0,00 2,890.10 303.00 1,108.90 '14.27 5011-56510 AUDIT & LEGAL SERVICES 23,000,00 5,419.50 0.00 1.4,219.50 840.00 7,940.50 65.48 561 1-56570 ENGINEER:".NO/ARCH I TEC TURA I 20,000.00 3,393.30 (1.0(1 13,21.7.60 9,645,70 ( 2,863.30) 114.32 5611-56610 UTILITIES-ELECTRIC 2,900.00 0.00 0.00 555.49 195:19 1,698.78 29.22 TOTAL CONTRACTUAL SERVICES 1,643,529.00 62,428.13 0.00 578,'130,52 15,577.41 1,049,221-07 36.16 3-16-2017 01::44 PM CITY OF WYLIE PACE 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF FEBRUARY 28TH, 2017 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 'A OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAR, 8('IF 5611-57110 DEBT SERVICE 1,910,906.00 0.00 0,00 0.00 0.00 1,910,906.00 0.00 5611.-57410 PRINCIPAL PAYMENT 0.00 54,919.51 0,00 267,459.36 0.00 ( 267,459.36) 0.00 5611-57415 INTEREST EXPENSE 0.00 18,972.92 0,00 78,675.34 0.00 ( 78,675.34) 0.00 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 4 CAP. REDO, 1,910,906.00 73,892.43 0.00 346,134.70 0.00 1,564,771.30 18.11 CAPITAL OUTLAY ... ... .... ... .............................., 5611-58110 LAND-PURCHASE PRICE 128,866.00 0.00 0.01 2,482,573.30 0.00 ( 2,353,707.30) 926.48 5611-58120 DEVELOPMENT FEES 0.00 0.00 0,01 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 391,300.00 37,400.00 0,00 37,400.00 0.00 353,900.00 9.56 5611-58410 SANITARY SEWER 0.00 0.00 0,01 0.00 0.00 0,00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-58830 FURNITURE & FIXTURES 2,500.00 0,00 0.00 0.00 0.00 2,500.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0,00 0.00 0.00 0.00 0,00 5611-58995 CONTRA. CAPITAL OUTLAY 0.00 0.00 0,00 1 2,482,573.30) 0.00 2,482,573.30 0.00 TOTAL CAPITAL OUTLAY 527,666.00 37,400.00 0.00 37,400.00 0.00 490,266.00 7.09 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59190 TRANSFER TO THORUGHFARE TRIP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59430 TRANSFER TO CAPITAL PRO.) FU 0.00 0,00 0.00 0.00 0.00 0.00 0,00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 4,484,297.00 204,050.53 0.00 1,118,200.79 15,577.41 3,350,518.80 25.28 TOTAL EXPENDITURES 4,484,297.00 204,050.53 0.00 1,118,200.79 15,577.41 3,350,518.80 25.28 REVENUE OVER (UNDER) EXPENDITURES ( 465,686.00) 55,349.68 0.00 1,870,569.14. ( 15,577.41) ( 2,320,677.73) 398.34- “. END OF REPORT ,*. Wylie Economic Development Corporation Balance Sheet Sub Ledger February 28, 2017 Notes Payable Date of Rate of Principal Purchase Payment Beginning Bal. Principal Interest Interest Balance February 1, 2017 5,724,067.23 ANBTX-88130968 HUGHES/RANDACK(#51 of 60) 10/23/12 10,107.00 100,004.85 9,763.11 343.89 3.99 90,241.74 ANBTX-88130976 WOODBRIDGE PKWY (#30 of 60) 8/15/14 13,267.93 644,198.99 11,821.10 1,446.83 2.61 632,377.89 ANBTX-88148481 BUCHANAN(#30 of 60) 8/13/14 7,331.95 216,249.99 6,652.56 679.39 3.77 209,597.43 ANBTX-88149711 PEDDICORD/WHITE(#26 OF 120 12/12/14 7,382.45 595,774.35 5,297.24 2,085.21 4.20 590,477.11 ANBTX-88158043 K&M/HOBART(#17 of 48) 9/2/15 8,745.25 265,021.49 7,861.85 883.40 4.00 257,159.64 ANBTX-88157334 LINDUFF/EDGE(#8 of 15) 10/21/15 17,059.81 1,604,801.71 11,532.06 5,527.75 4.00 1,593,269.65 ANBTX-88158357 DALLAS WHIRLPOOL(#3of 60) 11/22/16 6,888.89 2,000,000.00 0.00 6,888.89 4.00 2,000,000.00 JARRARD GRAYS AUTO(#2 OF 120) 12/1/16 3,109.15 298,015.85 1,991.59 1,117.56 4.50 296,024.26 February 28, 2017 $54,919.51 $1 ,972.92 5,669,147.72 Wylie Economic Development Corporation Inventory Subledger February 28, 2017 Inventory -Land Date of Pur. Address Acreage Improvements Cost Basis Sub-totals Cooper McMasters 7/12/05 709 Cooper 0.48 n/a $202,045 Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934 Perry 9/13/06 707 Cooper 0.49 Demo 200,224 Bowland/Anderson 10/9/07 Cooper Dr. 0.37 n/a 106,419 KCS 8/1/08 Cooper Dr. 0.41 n/a 60,208 Duel Products 9/7/12 704 Cooper Dr. 0.50 n/a 127,452 Randack 10/23/12 711-713 Cooper Dr. 1.09 217,500 8,880 400,334 Lot 2R3 7/24/14 Cooper Dr. 0.95 n/a 29,056 $1,312,672 Industrial Ct. Hughes 7/25/06 211 -212 Industrial 0.74 Demo 420,361 R.O.W. 0.18 41,585 Prime Kuts 10/8/07 207 Industrial 0.20 Demo 229,284 R.O.W. 0.11 n/a 77,380 Cazad 3/17/08 210 Industrial 0.27 Demo 200,782 Buchanan 8/13/14 400 S. Hwy 78 1.25 Demo 503,233 Glenn 4/24/15 209 Industrial Ct 0.18 Demo 326,773 R.O.W. 0.12 n/a Mann Made 2/10/16 398 S. Hwy 78 1.23 Demo 750,244 C.O.W 4/13/16 R.O.W. 0.29 n/a 52,653 Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300,493 2,902,788 Regency Re•enc Pk. 6/4/10 25 Steel Road 0.65 n/a 25,171 25,171 Commerce Hobart Investments 11/12/13 Commerce 1.60 n/a 156,820 Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380 Dallas Whirlpools 11/22/16 900-908 Kirby 4.79 2,182,080 2,725,280 Downtown Heath 3/17/14 104 N. Jackson 0.17 Demo 220,034 Udoh 2/12/14 109 Marble 0.17 n/a 70,330 Peddicord 12/12/14 108/110 Jackson 0.35 155,984 4,444 486,032 City Lot 12/12/14 100 W. Oak St 0.35 n/a Jones (K&M) 9/3/15 106 N. Birmingham 0.21 42,314 4,125 190,596 FBC Lot 6/15/16 111 N. Ballard St 0.20 na 150,964 1,117,956 Alanis White Property(Alanis) 12/12/14 Alanis 6.63 n/a 420,336 420,336 South Ballard Birmingham Trust 6/3/15 505-607 S. Ballard 1.12 Demo 409,390 409,390 Total 26.90 $876,959 44,974 $8,913,593 $8,913,593 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and not part of land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF MARCH 2017 MONTH WEDC WEDC WEDC DIFF % DIFF 2015 2016 2017 16 VS 17 16 VS 17 DECEMBER $154,719 $166,418 $197,808 $31,389 18.86% JANUARY 156,685 163,463 196,347 32,884 20.12% FEBRUARY 241,858 260,166 276,698 16,532 6.35% MARCH 171,741 167,082 191,648 24,566 14.70% APRIL 134,475 154,920 MAY 211,645 238,646 J U N E 161,426 180,194 JULY 159,973 212,620 AUGUST 216,962 268,976 SEPTEMBER 195,347 197,339 OCTOBER 160,876 201,506 NOVEMBER 226,078 270,426 Sub-Total $2,191,785 $2,481,757 $862,501 $105,371 13.92% AUDIT ADJ TOTAL $2,191,785 $2,481,757 $862,501 $105,371 13.92% WEDC SALES TAX ANALYSIS $300,000 �...... __......._........ ......... $250,000 $200,000 _....... s :::::: $50 000 $ R - k 1 6 1 b i > > m Q ' 7 E .o E (DE o m a Q w 0 > aa) ii a o cn Z �� Wylie City Council AGENDA REPORT 'a �y�P 4+rv9Mka{ pr, �kI.P�MYYk fl'tlkMA Meeting Date: March 28, 2017 Item Number: J Department: Police (City Secretary's Use Only) Anthony Henderson Prepared By: Chief of Police Account Code: Date Prepared: Budgeted Amount: $62,324.69 Exhibits: One Subject Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for additional Law Enforcement Services,between the City of Wylie, Lavon Lake, Texas initiates Agreement No. W9126G-17-T-0063 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 19, 2017 through September 5, 2017 for a sum not to exceed $62,324.69. Recommendation Motion to approve, authorizing the Mayor to enter into a Cooperative agreement for additional Law Enforcement Services, Between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-17-T-0063 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 19, 2017 through September 5, 2017 for a sum not to exceed $62,324.69. Discussion The U.S. Army Corps of Engineers has awarded the City of Wylie a $62,324.69 contract for extended law enforcement services. The contract requires Officers to concentrate their patrols in the parks and properties deemed in the City of Wylie Texas jurisdiction and to provide protection and enforce laws and ordinances. The hourly rate of$95.01 charged by the City of Wylie covers all Officer and dispatch overtime wages, clerical duties and vehicle and fuel usage. (Rev 01/2014) Page 1 of 1 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 72 OFFEROR TO COMPLETE BLOCKS 12, 17, 23,24,AND 30 2.CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION ISSUE DATE W9126G-17-T-0063 22-Feb-2017 7.FOR SOLICITATION a NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCAL TIME INFORMATION CALL: JASON S RINEHART 817 886-1080 12:00 FM 22 Mar 2017 9. ISSUED BY CODE W9126G 10.THIS ACQUISITION IS I XIUNRESTRICTED OR n SET ASIDE: %FOR: US ARMY ENGINEER DISTRICT,FORT WORTH SMALL BUSINESS (WOMEN-OWNED SMALL 11 ATTN:CESWF-CT BUSINESS(WOSB) 819 TAYLOR ST,ROOM 2A17 ECONOMICALLY DISADVANTAGED NAICS: FORT WORTH TX76102-0300 nHUBZONE SMALL VeOM EN-OWN ED SMALL BUSINESS BUSINESS (EDVeOSB) SERVICE-DISABLED TEL: 817-886-1043 SIZE STANDARD: VETERAN-OWNED 8(A) FAX: 817-886-6403 SMALL BUSINESS 11.DELIVERY FOR FOB DESTINA- 12.DISCOUNT TERMS 13b.RATING TION UNLESS BLOCK IS fl 13a.THIS CONTRACT IS A MARKED RATED ORDER UNDER DPAS(15 CFR 700) 14.METHOD OF SOLICITATION I I SEE SCHEDULE I I RFQ I I IFB 3 RFP 15.DELIVER TO CODE 1967430 16.ADMINISTERED BY CODE LAVON LAKE PROJECT OFFICE MICHAEL KINARD 3375 SKYVIEW DRIVE VW LI E TX 75098-5775 TEL:972-442-3141 FAX 972-442-1109 17a.CONTRACTOR/ CODE I FACILITY 18a.PAYMENT WILL BE MADE BY CODE OFFEROR l CODE TEL ONE NO. n 17b.CHECK IF REMTTANCE IS DIFFERENT AND PUT 18b.SUBMT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK I I SUCH ADDRESS IN OFFER BELOW IS CHECKED I-I SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT SEE SCHEDULE 25.ACCOUNTING AND APPROPRIATION DATA 26.TOTAL AWARD AMOUNT(For Govt.Use Only) n 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4.FAR 52.212-3.52.212-5 ARE ATTACHED. ADDENDA MARE RARE NOT ATTACHED 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4.FAR 52.212-5 IS ATTACHED. ADDENDA RARE RARE NOT ATTACHED n 28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 n 29.AWARD OF CONTRACT:REF. COPIES TO ISSUING OFFICE.CONTRACTOR AGREES TO FURNISH AND I (OFFER DATED . YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAIVE AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED (TYPE OR PRINT) TEL: EMAIL: AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA-FAR(48 CFR)53.212 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE2 OF72 (CONTINUED) 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT SEE SCHEDULE 32a.QUANTITY IN COLUMN 21 HAS BEEN nRECEIVEDn INSPECTED n I I I (ACCEPTED,AND CONFORMS TO THE CONTRACT,EXCEPT AS NOTED: 32b.SIGNATURE OF AUTHORIZED GOVERNMENT 32c.DATE 32d.PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e.MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g.E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33.SHIP NUMBER 34.VOUCHER NUMBER 35.AMOUNT VERIFIED 36.PAYMENT 37.CHECK NUMBER CORRECT FOR n COMPLETE n PARTIAL n FINAL PARTIAL I I FINAL I I I I I I 38.S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40.PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a.RECEIVED BY (Print) 41b.SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b.RECEIVED AT(Location) 42c.DATE REC'D (YY/MM/DD) 42d.TOTAL CONTAINERS AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012) BACK r'REVIOUS EDITION IS NOT USABLE Rescribed by GSA—FAR(48 CFR)53.212 Section SF 1449- CONTINUATION SHEET ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 Funded Amt: FY17 ILE Wylie(City) NAICS CD:922120 ,FSC CD:R499 PWS PERFORMANCE WORK STATEMENT (PWS) Wylie PD Law Enforcement Services, Wylie Texas Lavon Lake 2017 1. GENERAL: This is a non-personal services contract to provide increased law enforcement services at Lavon Lake. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform increased law enforcement services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract. 1.2. Scope: Wylie Police Department (Contractor) agrees to provide a specific level of increased law enforcement services for that part of Lavon Lake lying within the City of Wylie's jurisdiction for the purpose of enforcement of State and local criminal and civil laws. Services include vehicular patrol by the contractor of the interior roads of East Fork, Avalon, Lavonia, Mallard, Little Ridge, Pebble Beach Parks, Stilling Basin, Dam, and Lavon Headquarters. The contractor shall accomplish enforcement of state and local laws, warnings for Title 36 violations, monitoring of visitor use to increase public safety, and assisting Corps of Engineers rangers with their visitor assistance duties if requested. When requested by the Corps of Engineers representative, the Police Department agrees to dispatch an officer or officers, within his manpower capabilities, to unforeseen or emergency situations. This assistance will be considered non-reimbursable. 3 1.3 Period of Performance: Contractor shall provide described services on certain days of the week from 19 May through 5 September, 2017, for a total of 656 patrol hours, further specified in Appendices A & B to this PWS. Effective start date is 19 May 2017 or after the contractor has been notified by the Contracting Officer, Fort Worth District, that the contract has been executed, whichever is later. Patrols will be conducted based on the attached schedule (See Appendices A and B). 1.4 General Information: 1.4.1 Quality Control: (Not applicable) 1.4.2 Quality Assurance: The Contractor will prepare a Daily Enforcement Action Summary (DEAS) in accordance with the attached format (Appendix C) or format accepted by the Quality Assurance Point of Contact (QA POC). In addition, the Contractor will prepare a Daily Patrol Log to include but not limited to; start time of shift, end time of shift, time in/time out of location or action area, location, and description of activities and actions in format currently used by the agency. The DEAS and Patrol logs will be completed daily and submitted at the close of each month to the Corps of Engineers QA POC listed in paragraph 1.4.11 of this plan. Any arrest or serious incident report should be forwarded to the Lavon Lake Office upon completion of the initial report. The Government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied. 1.4.3 Government Holidays: Contractor will be required to perform services on those Federal holidays falling during the contract period, namely, Memorial Day, Independence Day and Labor Day (see Appendices A and B). 1.4.4 Hours of Operation: (Not applicable) 1.4.5 Place of Performance: The work to be performed under this contract will be performed at Corps administered lands in Wylie Police Department's jurisdiction as specified in Para. 1.2. State and local law enforcement agencies generally have the same authority and responsibilities on Corps administered lands as they do elsewhere in their respective jurisdictions. Because of this, requests by the Lake Manager or his authorized representatives for emergency or unanticipated law enforcement assistance will be considered non-reimbursable. (E.g. officers responding to a call on government property after the scheduled patrol hours, or officers working a call on government property and which requires them to stay past the scheduled patrol time, etc). 1.4.6 Type of Contract: The government will award a firm fixed price contract. 4 1.4.7 Security Requirements: This contract does not require Contractor personnel to have access to or enter secured government facilities such as dam outlet structures, powerhouses, etc. Contractor personnel shall follow locally- established security policies and procedures such as key control and security of lock combinations. 1.4.7.1 Key Control: Government keys provided to the contractor will be issued and controlled in accordance with IAW AR 190-51. The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be provided in writing to the Lake Security Officer. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys to the Contracting Officer. (a) The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor and team member. The Contractor shall prohibit the opening of locked areas by persons other than the Contractor and team member. 1.4.8 Sustainability 1.4.8.1 The contractor must meet the recycled content requirements set forth by the EPA for specified products. The following web site contains a list of EPA designated products: hftp..// w ssc n ..govlenvftonm rngll/ / t"tii,rP,r :. f. Contractor will ensure compliance of the EPA guidelines under the categories of: non-paper office products, paper and paper products. 1.4.8.2 The contractor shall ensure all deliverables be printed double sided on paper that contains post-consumer fiber (recycled content). 1.4.9 Special Qualifications: All Contractor personnel shall be currently certified and licensed Texas Peace Officers in accordance with the requirements of the Texas Commission on Law Enforcement (TCOLE). TCOLE standards meet or exceed E-verify and background check requirements established by the Department of Homeland Security. The Contractor will provide, in advance, the Corps representative designated in paragraph 1.4.12 the name of each Deputy who will be performing scheduled work under this contract. 1.4.10 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity 5 or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, QA POC, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 1.4.11 Contracting Officer Representative (COR): A COR will not be appointed for this contract. Quality Assurance duties will be performed by the QA POC designated in Paragraph 1.4.12. 1.4.12 Key Personnel: The following personnel are considered key personnel by the Government, and will serve as the Corps QA POC: Michael K. Kinard, Lake Manager, Lavon Lake; Alternate: Stephen Perrin, Lead Park Ranger, Lavon Lake. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. 1.4.13 Identification of Contractor Employees: All officers performing services under this contract shall wear standard uniforms and personal identification normally worn and carried by the law enforcement agency. All patrol vehicles shall have standard insignia and markings normally used by the law enforcement agency. 1.4.14 Contractor Travel: (Not applicable): 1.4.15 Data Rights: (Not applicable) 1.4.16 Organizational Conflict of Interest: (Not applicable) 1.4.17 Invoicing: Contractor shall submit 1 copy of the invoice along with the daily log sheets no later than the 5th of every month for the previous calendar month. Invoice should be sent to the following address: US Army Corps of Engineers Lavon Lake Attn: Michael Kinard 3375 Skyview Drive Wylie, Texas 75098 1.5. GOVERNMENT FURNISHED ITEMS AND SERVICES: (Not applicable) 6 1.6 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 1.6.1 General: The Contractor shall furnish all manpower, vehicles, supplies, equipment, facilities and services required to perform work under this contract. 1.6.2 Equipment: The Contractor shall provide all patrol vehicles and equipment required to perform services under this contract. All such vehicles shall have standard insignia and markings normally used by the law enforcement agency. Patrol vehicles shall also be equipped with standard law enforcement type lights, radios, and any other standard equipment necessary to perform the required services. The Contractor shall be responsible for all vehicle costs, including insurance, fuel, service and maintenance, and any other costs associated with the operation of each vehicle. 1.6.3. Materials: (Not applicable). 1.7 CONTRACTOR MANAGEMENT REPORTING (CMR): (Not applicable) 1.8 APPLICABLE PUBLICATIONS (CURRENT EDITIONS): (Not applicable) 1.9 ATTACMENTS/TECHNICAL EXHIBITS AND APPENDICES: 1.9.1 Attachment 1/Technical Exhibit 1 — Performance Requirements Summary 1.9.2 Attachment 2/Technical Exhibit 2 — Deliverables Schedule 1.9.3 Appendix A— Patrol Schedule 1.9.4 Appendix B — Hours by Month 1.9.5 Appendix C — Daily Enforcement Action Summary 2.0 MISCELLANEOUS PROVISIONS: 2.1 Orientation: An appropriate orientation for all participating contract personnel will be conducted by the Corps of Engineers staff to familiarize the Contractor with the policies and procedures of the Corps, and to familiarize Corps personnel with the functions and duties of the contracted law enforcement agency. TECHNICAL EXHIBIT 1 Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. Performance Standard Performance Threshold Method of Objective Surveillance The contractor shall The contractor All required shifts were Contractor's Daily provide additional provides visible covered and the specified Enforcement Action patrolling presence and verifiable contract services were Summaries turned in and discretionary law presence and performed. Contractor by Contractor will be enforcement actions actions in the coordinated in advance with examined by QA POC in specified areas to designated areas Corps key personnel in the to ensure accuracy help keep the peace at the specified event of an unforeseen prior to authorizing and increase public days and times. event which prevented an payment. safety in parks and officer from serving all or other designated part of a shift, which would Corps areas IAW not be billable to the para 1.2. Government. 8 TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE Number of Medium / Deliverable Frequency Copies Format Submit To Contract Once within 5 One copy Hard copy, US Army Corps of manager and days of FAX, or Engineers alternate contract award email Attn: Michael Kinard designated in 3375 Skyview Drive writing IAW Wylie, Texas 75098 para 1.4.12 Invoice for Submitted to One copy of Hard copy, US Army Corps of contract Corps by the the invoice, FAX, or Engineers services 5th of every submitted to email Attn: Michael Kinard performed; month, listing the Corps QA 3375 Skyview Drive includes billing contract POC Wylie, Texas 75098 start/end dates, services hours worked, performed total charges during the IAW para previous 1.4.17 calendar month. Daily To Corps with One copy Hard copy, US Army Corps of Enforcement monthly FAX, or Engineers Action invoice email Attn: Michael Kinard Summaries 3375 Skyview Drive IAW para 1.4.2 Wylie, Texas 75098 9 PERFORMANCE WORK STATEMENT APPENDIX A PATROL SCHEDULE 2017 10 MAY 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 Total Hours = 83 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 21 22 23 24 25 26 27 1500-1900=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 28 29 30 31 1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 11 JUNE 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1900-2300=4hrs 1100-1500=4hrs Total Hours.s 1500-1900=4hrs 1-6 1900-2300=4hrs 1900-2300=4hrs 4 5 6 7 8 9 10 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 11 12 13 14 15 16 17 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 18 19 20 21 22 23 24 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 25 26 27 28 29 30 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 12 JULY 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1100-1500=4hrs Total Hours = 1500-1900=4hrs 33 1900-2300=4hrs 1900-2300=4hrs 2 3 4 5 6 7 8 1500-1900=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 9 10 11 12 13 14 15 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 16 17 18 19 20 21 22 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 23 24 25 26 27 28 29 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 30 31 1500-1900=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 13 AUGUST 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Total Hours = 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 148 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 6 7 8 9 10 11 12 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 13 14 15 16 17 18 19 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 20 21 22 23 24 25 26 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 27 28 29 30 31 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 14 SEPTEMBER 2017 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Total Hours = 1500-1900=4hrs 1100-1500=4hrs 64 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 3 4 5 6 7 8 9 1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Grand Total licairs 66 15 W9126G-17-T-0063 Page 16 of 72 PERFORMANCE WORK STATEMENT APPENDIX B HOURS BY MONTH 2017 May: 22 shifts X 4 hours = 88 hours (Includes Memorial Day) June: 39 shifts X 4 hours = 156 hours July: 50 shifts X 4 hours = 200 hours (Includes Independence Day) August: 37 shifts X 4 hours = 148 hours September: 16 shifts X 4 hours = 64 hours (Includes Labor Day) Total = 656 Hours W9126G-17-T-0063 Page 17 of 72 APPENDIX C DAILY ENFORCEMENT ACTION SUMMARY OPERATING AGENCY: Wylie Police Department OFFICERS NAME: DATE: TIME STARTED: TIME ENDED: TOTAL HOURS: ABBREVIATIONS: A=Arrest C= Citation W=Written Warning V=Verbal Warning OFFENCE Action NOTES TITLE ACWV Include the name of the park where offense occurred Vehicle Offense Parking Speeding Reckless State Req. DWI Other Total Conduct Offense Loud/Unruly Pubic Intox Cont Subst. Minor Poss. Theft Vandal Litter Weapons Assault Other Total TOTALS *** For all arrests and evictions include details on back *** Officer Number: Date: Signature: W9126G-17-T-0063 Page 18 of 72 QASP QUALITY ASSURANCE SURVEILLANCE PLAN Lavon Lake City of Wylie Law Enforcement Contract, Wylie, TX 1. Overview: This contract establishes a specific increased level of law enforcement services to be provided by Wylie Police Department to the US Army Corps of Engineers at Lavon Lake. This is a sole-source contract, since the Wylie Police Department is the only agency with the requisite authority and responsibility to provide these services. 2. Definition of Services: Increased services are defined in the contract's Performance Work Statement (PWS) as the contractor's provision of a dedicated officer and vehicle to each patrol to enforce applicable state and local laws in accordance with their agency policy, procedures, and interpretations. Services will be performed in accordance with the schedule contained in the PWS. Contracted services are to supplement the year-round duties and activities which the contractor is responsible to perform even absent the contract. 3. Surveillance of Services: Officers providing service under this contract are required to complete and submit a Daily Enforcement Action Summary and Daily Patrol Log documenting their activities performed during their work shifts, and to turn the logs into their supervisor at the end of each shift. The completed daily enforcement action summaries and daily patrol logs will then be submitted to the Lake Manager by the fifth day after the end of the month of service. For arrests and serious violations, the Corps requests a copy of the police report once the initial report is complete for their reporting requirements. 4. Surveillance Documentation: a. The contractor shall provide a request for payment each month for reimbursable services performed. The request for payment shall include the number of man-hours worked during the billing period (which must correspond with the Daily Enforcement Action Logs) and the total monthly expenses. The Quality Assurance Point of Contact (QA POC) will examine logs to ensure accuracy prior to authorizing payment. b. The QA POC will document verification of the contractor's performance monthly for verification to the Contracting Officer. These reports will become part of the formal QA documentation. The QA POC will maintain a complete QA file, W9126G-17-T-0063 Page 19 of 72 containing copies of all evaluations and related documentation. The QA POC will forward these records to the Contracting Officer at completion of the contract. c. The services provided by the contractor are subject to inspection by the QA POC to ensure adherence to the terms of the PWS. If the contractor fails to provide the services as specified, the Government reserves the right to terminate the contract. BID SCHEDULE W9126G-17-T-0063 Page 20 of 72 Bid Schedule Lavon Lake City of Wylie Law Enforcement Contract Period of Performance (19 May 2017 thru 5 Septemer 2017) Description Quantity U/M Rate Total Estimated Labor Cost/Hour Hours Estimated Vehicle Cost/Mile Miles Total Contract Cost Chargeable Hourly Rate (Vehicle & Labor) (Total Contract Cost/Scheduled Patrol Hours) Estimated Labor Quanitity=Scheduled Patrol Hours Estimated Labor Rate=Total Labor Costs (Officers, Admin, Supervisory, etc) W9126G-17-T-0063 Page 21 of 72 INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 19-MAY-2017 TO N/A LAVON LAKE PROJECT OFFICE 967430 05-SEP-2017 MICHAEL KINARD 3375 SKYVIEW DRIVE WYLIE TX 75098-5775 972-442-3141 FOB: Destination CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier OCT 2016 Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and JAN 2015 Certifications 52.212-1 Instructions to Offerors--Commercial Items OCT 2016 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor--Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 W9126G-17-T-0063 Page 22 of 72 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under ServiceSEP 2013 and Construction Contracts 52.223-4 Recovered Material Certification MAY 2008 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in ServiceMAY 2008 and Construction Contracts 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015 Activities or Transactions Relating to Iran--Representation and Certifications. 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings,Equipment,And APR 1984 Vegetation 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.251-1 Government Supply Sources APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011 Officials 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense InformationOCT 2016 Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016 Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016 Support 252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013 Personnel 252.247-7023 Transportation of Supplies by Sea APR 2014 CLAUSES INCORPORATED BY FULL TEXT 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-- REPRESENTATION(NOV 2015) W9126G-17-T-0063 Page 23 of 72 (a)Definitions.Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations(52.209-10). (b)Government agencies are not permitted to use appropriated(or otherwise made available)funds for contracts with either an inverted domestic corporation,or a subsidiary of an inverted domestic corporation,unless the exception at 9.108-2(b)applies or the requirement is waived in accordance with the procedures at 9.108-4. (c)Representation.The Offeror represents that-- (1)It[ ] is, [ ] is not an inverted domestic corporation; and (2)It[ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(OCT 2015) (a)Definition. Commercially available off-the-shelf(COTS)item,as used in this clause-- (1)Means any item of supply (including construction material)that is-- (i)A commercial item(as defined in paragraph(1)of the definition in FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form in which it is sold in the commercial marketplace; and (2)Does not include bulk cargo,as defined in 46 U.S.C.40102(4),such as agricultural products and petroleum products. (b)The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item,the Contractor shall not enter into any subcontract,in excess of $35,000 with a Contractor that is debarred,suspended,or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c)The Contractor shall require each proposed subcontractor whose subcontract will exceed$35,000,other than a subcontractor providing a commercially available off-the-shelf item,to disclose to the Contractor,in writing, whether as of the time of award of the subcontract,the subcontractor,or its principals,is or is not debarred, suspended,or proposed for debarment by the Federal Government. (d)A corporate officer or a designee of the Contractor shall notify the Contracting Officer,in writing,before entering into a subcontract with a party(other than a subcontractor providing a commercially available off-the-shelf item)that is debarred,suspended,or proposed for debarment(see FAR 9.404 for information on the System for Award Management(SAM)Exclusions).The notice must include the following: (1)The name of the subcontractor. W9126G-17-T-0063 Page 24 of 72 (2)The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3)The compelling reason(s)for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM. (4)The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment,suspension,or proposed debarment. (e) Subcontracts.Unless this is a contract for the acquisition of commercial items,the Contractor shall include the requirements of this clause,including this paragraph(e)(appropriately modified for the identification of the parties), in each subcontract that-- (1)Exceeds$35,000 in value; and (2)Is not a subcontract for commercially available off-the- shelf items. (End of clause) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW(FEB 2016) (a)As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act,2015 (Pub.L. 113-235),and similar provisions,if contained in subsequent appropriations acts,the Government will not enter into a contract with any corporation that-- (1)Has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government;or (2)Was convicted of a felony criminal violation under any Federal law within the preceding 24 months,where the awarding agency is aware of the conviction,unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b)The Offeror represents that-- (1)It is [ ] is not[ ] a corporation that has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2)It is [ ] is not[ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) W9126G-17-T-0063 Page 25 of 72 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2016) ALTERNATE I(OCT 2014) The offeror shall complete only paragraphs (b)of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management(SAM) Web site located at https://www.sam.gov/portal.If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c)through(s)of this provision. (a)Definitions. As used in this provision-- Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Administrative merits determination"means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition. it is necessary to consult section ILB. in the DOL Guidance. "Arbitral award or decision"means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law.It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section ILB. in the DOL Guidance. "Civil judgment"means-- (1)In paragraph(h)of this provision:A judgment or finding of a civil offense by any court of competent jurisdiction. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. (2)In paragraph(s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law.It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section ILB. in the DOL Guidance. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "DOL Guidance"means the Department of Labor(DOL)Guidance entitled: "Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces"' The DOL Guidance, dated August 25,2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB)concern"means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by,one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127.It automatically qualifies as a women-owned small business eligible under the WOSB Program. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Enforcement agency"means any agency granted authority to enforce the Federal labor laws.It includes the enforcement components of DOL (Wage and Hour Division. Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational W9126G-17-T-0063 Page 26 of 72 Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan,but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1)Department of Labor Wage and Hour Division(WHD) for-- (i) The Fair Labor Standards Act; (ii)The Migrant and Seasonal Agricultural Worker Protection Act; (iii)40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv)41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v)The Family and Medical Leave Act; and (vi)E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2)Department of Labor Occupational Safety and Health Administration(OSHA)for-- (i) The Occupational Safety and Health Act of 1970; and (ii)OSHA-approved State Plans; (3)Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii)The Vietnam Era Veterans Readjustment Assistance Act of 1972 and the Vietnam Era Veterans'Readjustment Assistance Act of 1974; and (iii)E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4)National Labor Relations Board(NLRB) for the National Labor Relations Act; and (5)Equal Employment Opportunity Commission(EEOC)for-- (i)Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii)The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d)of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor"means all work or service— (1)Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily;or (2)Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. W9126G-17-T-0063 Page 27 of 72 "Highest-level owner"means the entity that owns or controls an immediate owner of the offeror,or that owns or controls one or more entities that control an immediate owner of the offeror.No entity owns or exercises control of the highest level owner. "Immediate owner"means an entity,other than the offeror, that has direct control of the offeror.Indicators of control include,but are not limited to,one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation,"means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor compliance agreement"means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor laws"means the following labor laws and E.O.s: (1)The Fair Labor Standards Act. (2)The Occupational Safety and Health Act(OSHA)of 1970. (3)The Migrant and Seasonal Agricultural Worker Protection Act. (4)The National Labor Relations Act. (5)40 U.S.C. chapter 31, subchapter IV,formerly known as the Davis-Bacon Act. (6)41 U.S.C. chapter 67,formerly known as the Service Contract Act. (7)E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9)The Vietnam Era Veterans'Readjustment Assistance Act of 1972 and the Vietnam Era Veterans'Readjustment Assistance Act of 1974. (10)The Family and Medical Leave Act. (11)Title VII of the Civil Rights Act of 1964. (12)The Americans with Disabilities Act of 1990. (13)The Age Discrimination in Employment Act of 1967. (14)E.O. 13658 of February 12,2014(Establishing a Minimum Wage for Contractors). (15)Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans,which can be found at www.osha.govidcsp/osp/approved_state_plans.html). W9126G-17-T-0063 Page 28 of 72 Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor law decision"means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of labor laws" "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except— (1)PSC 5510,Lumber and Related Basic Wood Materials; (2)Product or Service Group(PSG) 87,Agricultural Supplies; (3)PSG 88,Live Animals; (4)PSG 89, Subsistence; (5)PSC 9410, Crude Grades of Plant Materials; (6)PSC 9430, Miscellaneous Crude Animal Products,Inedible; (7)PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8)PSC 9610, Ores; (9)PSC 9620, Minerals,Natural and Synthetic; and (10)PSC 9630,Additive Metal Materials. "Place of manufacture"means the place where an end product is assembled out of components,or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations"means business operations in Sudan that include power production activities, mineral extraction activities,oil-related activities,or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007(Pub.L. 110-174). Restricted business operations do not include business operations that the person(as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007)conducting the business can demonstrate— (1)Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2)Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury,or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3)Consist of providing goods or services to marginalized populations of Sudan; (4)Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5)Consist of providing goods or services that are used only to promote health or education;or (6)Have been voluntarily suspended. Sensitive technology— (1)Means hardware, software, telecommunications equipment,or any other technology that is to be used specifically— W9126G-17-T-0063 Page 29 of 72 (i)To restrict the free flow of unbiased information in Iran;or (ii)To disrupt,monitor,or otherwise restrict speech of the people of Iran; and (2)Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"— (1)Means a small business concern— (i)Not less than 51 percent of which is owned by one or more service-disabled veterans or,in the case of any publicly owned business,not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii)The management and daily business operations of which are controlled by one or more service-disabled veterans or,in the case of a service-disabled veteran with permanent and severe disability,the spouse or permanent caregiver of such veteran. (2)Service-disabled veteran means a veteran,as defined in 38 U.S.C. 101(2),with a disability that is service- connected,as defined in 38 U.S.C. 101(16). "Small business concern"means a concern,including its affiliates,that is independently owned and operated,not dominant in the field of operation in which it is bidding on Government contracts,and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern,consistent with 13 CFR 124.1002,"means a small business concern under the size standard applicable to the acquisition,that-- (1)Is at least 51 percent unconditionally and directly owned(as defined at 13 CFR 124.105)by-- (i)One or more socially disadvantaged(as defined at 13 CFR 124.103)and economically disadvantaged(as defined at 13 CFR 124.104)individuals who are citizens of the United States; and (ii)Each individual claiming economic disadvantage has a net worth not exceeding$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2)The management and daily business operations of which are controlled(as defined at 13.CFR 124.106)by individuals,who meet the criteria in paragraphs(1)(i)and(ii)of this definition. "Subsidiary"means an entity in which more than 50 percent of the entity is owned— (1)Directly by a parent corporation;or (2)Through another subsidiary of a parent corporation. "Veteran-owned small business concern"means a small business concern— (1)Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2))or,in the case of any publicly owned business,not less than 51 percent of the stock of which is owned by one or more veterans; and (2)The management and daily business operations of which are controlled by one or more veterans. W9126G-17-T-0063 Page 30 of 72 "Women-owned business concern"means a concern which is at least 51 percent owned by one or more women;or in the case of any publicly owned business,at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern"means a small business concern-- (1)That is at least 51 percent owned by one or more women or,in the case of any publicly owned business,at least 51 percent of the stock of which is owned by one or more women; and (2)Whose management and daily business operations are controlled by one or more women. "Women-owned small business(WOSB)concern eligible under the WOSB Program(in accordance with 13 CFR part 127),"means a small business concern that is at least 51 percent directly and unconditionally owned by,and the management and daily business operations of which are controlled by,one or more women who are citizens of the United States. (b) (1)Annual Representations and Certifications.Any changes provided by the offeror in paragraph(b)(2)of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2)The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov.After reviewing the SAM database information,the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3,Offeror Representations and Certifications—Commercial Items,have been entered or updated in the last 12 months,are current,accurate,complete,and applicable to this solicitation(including the business size standard applicable to the NAICS code referenced for this solicitation),as of the date of this offer and are incorporated in this offer by reference(see FAR 4.1201),except for paragraphs .[Offeror to ident0;the applicable paragraphs at(c) through(s) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c)Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1)Small business concern.The offeror represents as part of its offer that it[ ] is, [ ] is not a small business concern. (2)Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1)of this provision.] The offeror represents as part of its offer that it[ ] is, [ is not a veteran-owned small business concern. (3)Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph(c)(2)of this provision.] The offeror represents as part of its offer that it[ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4)Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1)of this provision.]The offeror represents that it[ ] is, [ ] is not,a small disadvantaged business concern as defined in 13 CFR 124.1002. (5)Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1)of this provision.]The offeror represents that it[ ] is, [ ] is not a women- owned small business concern. W9126G-17-T-0063 Page 31 of 72 Note: Complete paragraphs(c)(8)and(c)(9)only if this solicitation is expected to exceed the simplified acquisition threshold. (6)WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women- owned small business concern in paragraph(c)(5)of this provision.] The offeror represents that— (i)It[ ] is, [ ] is not a WOSB concern eligible under the WOSB Program,has provided all the required documents to the WOSB Repository,and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii)It[ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127,and the representation in paragraph(c)(6)(i)of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7)Economically disadvantaged women-owned small business(EDWOSB)concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in(c)(6)of this provision.] The offeror represents that— (i)It[ ] is, [ ] is not an EDWOSB concern,has provided all the required documents to the WOSB Repository,and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii)It[ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127,and the representation in paragraph(c)(7)(i)of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8)Women-owned business concern(other than small business concern). [Complete only if the offeror is a women- owned business concern and did not represent itself as a small business concern in paragraph(c)(1)of this provision.] The offeror represents that it[ ] is,a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid,small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production(by offeror or first-tier subcontractors)amount to more than 50 percent of the contract price: (10)HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1)of this provision.] The offeror represents,as part of its offer,that-- (i)It[ ] is, [ ] is not a HUBZone small business concern listed,on the date of this representation,on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration,and no material changes in ownership and control,principal office,or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii)It[ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph(c)(10)(i)of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. W9126G-17-T-0063 Page 32 of 72 (11)(Complete if the offeror has represented itself as disadvantaged in paragraph(c)(4)of this provision.) [The offeror shall check the category in which its ownership falls]: Black American. Hispanic American. Native American(American Indians,Eskimos,Aleuts,or Native Hawaiians). Asian-Pacific American(persons with origins from Burma,Thailand,Malaysia,Indonesia, Singapore,Brunei, Japan,China,Taiwan,Laos,Cambodia(Kampuchea),Vietnam,Korea,The Philippines,Republic of Palau, Republic of the Marshall Islands,Federated States of Micronesia,the Commonwealth of the Northern Mariana Islands,Guam, Samoa,Macao,Hong Kong,Fiji,Tonga,Kiribati,Tuvalu,or Nauru). Subcontinent Asian(Asian-Indian)American(persons with origins from India,Pakistan,Bangladesh, Sri Lanka,Bhutan,the Maldives Islands,or Nepal). Individual/concern,other than one of the preceding. (d)Representations required to implement provisions of Executive Order 11246-- (1)Previous contracts and compliance.The offeror represents that-- (i)It[ ]has, [ ]has not,participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii)It[ ]has, [ ]has not,filed all required compliance reports. (2)Affirmative Action Compliance.The offeror represents that-- (i)It[ ]has developed and has on file, [ ]has not developed and does not have on file,at each establishment,affirmative action programs required by rules and regulations of the Secretary of Labor(41 CFR parts 60-1 and 60-2),or (ii)It[ ]has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions(31 U.S.C. 1352). (Applies only if the contract is expected to exceed$150,000.)By submission of its offer,the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract,the offeror shall complete and submit,with its offer, OMB Standard Form LLL,Disclosure of Lobbying Activities,to provide the name of the registrants.The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f)Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation(FAR)52.225-1,Buy American—Supplies,is included in this solicitation.) (1)The offeror certifies that each end product,except those listed in paragraph(f)(2)of this provision,is a domestic end product and that for other than COTS items,the offeror has considered components of unknown origin to have been mined,produced,or manufactured outside the United States.The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e.,an end W9126G-17-T-0063 Page 33 of 72 product that is not a COTS item and does not meet the component test in paragraph(2)of the definition of "domestic end product."The terms"commercially available off-the-shelf(COTS)item,""component,""domestic end product,""end product,""foreign end product,"and"United States"are defined in the clause of this solicitation entitled"Buy American—Supplies." (2)Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3)The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1)Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3,Buy American--Free Trade Agreements--Israeli Trade Act,is included in this solicitation.) (i)The offeror certifies that each end product,except those listed in paragraph(g)(1)(ii)or(g)(1)(iii)of this provision,is a domestic end product and that for other than COTS items,the offeror has considered components of unknown origin to have been mined,produced,or manufactured outside the United States.The terms`Bahrainian, Moroccan,Omani,Panamanian,or Peruvian end product,""commercially available off-the-shelf(COTS)item," "component,""domestic end product,""end product,""foreign end product,""Free Trade Agreement country," "Free Trade Agreement country end product,""Israeli end product,"and"United States"are defined in the clause of this solicitation entitled"Buy American--Free Trade Agreements--Israeli Trade Act." (ii)The offeror certifies that the following supplies are Free Trade Agreement country end products(other than Bahrainian,Moroccan,Omani,Panamanian,or Peruvian end products)or Israeli end products as defined in the clause of this solicitation entitled"Buy American—Free Trade Agreements—Israeli Trade Act": Free Trade Agreement Country End Products(Other than Bahrainian,Moroccan,Omani,Panamanian,or Peruvian End Products)or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii)The offeror shall list those supplies that are foreign end products(other than those listed in paragraph(g)(1)(ii) or this provision)as defined in the clause of this solicitation entitled"Buy American—Free Trade Agreements— Israeli Trade Act."The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e.,an end product that is not a COTS item and does not meet the component test in paragraph(2)of the definition of"domestic end product." Other Foreign End Products: W9126G-17-T-0063 Page 34 of 72 LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv)The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2)Buy American Free Trade Agreements Israeli Trade Act Certificate,Alternate I.If Alternate Ito the clause at FAR 52.225-3 is included in this solicitation,substitute the following paragraph(g)(1)(ii)for paragraph(g)(1)(ii)of the basic provision: (g)(1)(ii)The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled"Buy American Free Trade Agreements—Israeli Trade Act": Canadian End Products: Line Item No.: [List as necessary] (3)Buy American Free Trade Agreements Israeli Trade Act Certificate,Alternate II If Alternate II to the clause at FAR 52.225-3 is included in this solicitation,substitute the following paragraph(g)(1)(ii)for paragraph(g)(1)(ii) of the basic provision: (g)(1)(ii)The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled"Buy American--Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4)Buy American Free Trade Agreements Israeli Trade Act Certificate,Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation,substitute the following paragraph(g)(1)(ii)for paragraph (g)(1)(ii)of the basic provision: (g)(1)(ii)The offeror certifies that the following supplies are Free Trade Agreement country end products(other than Bahrainian,Korean,Moroccan,Omani,Panamanian,or Peruvian end products)or Israeli end products as defined in the clause of this solicitation entitled"Buy American—Free Trade Agreements Israeli Trade Act": Free Trade Agreement Country End Products(Other than Bahrainian,Korean,Moroccan,Omani,Panamanian,or Peruvian End Products)or Israeli End Products: W9126G-17-T-0063 Page 35 of 72 Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5,Trade Agreements,is included in this solicitation.) (i)The offeror certifies that each end product,except those listed in paragraph(g)(5)(ii)of this provision,is a U.S.- made or designated country end product as defined in the clause of this solicitation entitled"Trade Agreements." (ii)The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii)The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.For line items covered by the WTO GPA,the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute.The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.)The offeror certifies,to the best of its knowledge and belief,that the offeror and/or any of its principals-- (1) [ ] Are, [ ] are not presently debarred,suspended,proposed for debarment,or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ]have not,within a three-year period preceding this offer,been convicted of or had a civil judgment rendered against them for:commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a Federal,state or local government contract or subcontract;violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,tax evasion,violating Federal criminal tax laws,or receiving stolen property; and (3) [ ] Are, [ ] are not presently indicted for,or otherwise criminally or civilly charged by a Government entity with,commission of any of these offenses enumerated in paragraph(h)(2)of this clause; and (4) [ ] Have, [ ]have not,within a three-year period preceding this offer,been notified of any delinquent Federal taxes in an amount that exceeds$3,500 for which the liability remains unsatisfied. W9126G-17-T-0063 Page 36 of 72 (i)Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed.A liability is not finally determined if there is a pending administrative or judicial challenge.In the case of a judicial challenge to the liability,the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii)Examples. (A)The taxpayer has received a statutory notice of deficiency,under I.R.C. §6212,which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review,this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B)The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability,and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing,and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.In the course of the hearing,the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review,this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C)The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.The taxpayer is making timely payments and is in full compliance with the agreement terms.The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D)The taxpayer has filed for bankruptcy protection.The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362(the Bankruptcy Code). (i)Certification Regarding Knowledge of Child Labor for Listed End Products(Executive Order 13126). [The Contracting Officer must list in paragraph(i)(1)any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor,unless excluded at 22.1503(b).] (1)Listed End Product Listed End Product: Listed Countries of Origin: (2)Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph(i)(1) of this provision,then the offeror must certify to either(i)(2)(i)or(i)(2)(ii)by checking the appropriate block.] [ ] (i)The offeror will not supply any end product listed in paragraph(i)(1)of this provision that was mined, produced,or manufactured in the corresponding country as listed for that product. [ ] (ii)The offeror may supply an end product listed in paragraph(i)(1)of this provision that was mined, produced,or manufactured in the corresponding country as listed for that product.The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine,produce,or W9126G-17-T-0063 Page 37 of 72 manufacture any such end product furnished under this contract. On the basis of those efforts,the offeror certifies that it is not aware of any such use of child labor. (j)Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.)For statistical purposes only,the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) [ ] In the United States(Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States);or (2) [ ] Outside the United States. (k)Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph(k)(1)or(k)(2)applies.] (1) [ ] Maintenance,calibration,or repair of certain equipment as described in FAR 22.1003-4(c)(1).The offeror[ ] does [ ] does not certify that— (i)The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror(or subcontractor in the case of an exempt subcontract)in substantial quantities to the general public in the course of normal business operations; (ii)The services will be furnished at prices which are,or are based on,established catalog or market prices(see FAR 22.1003-4(c)(2)(ii))for the maintenance,calibration,or repair of such equipment; and (iii)The compensation(wage and fringe benefits)plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [ ] Certain services as described in FAR 22.1003-4(d)(1).The offeror[ ] does [ ] does not certify that— (i)The services under the contract are offered and sold regularly to non-Governmental customers,and are provided by the offeror(or subcontractor in the case of an exempt subcontract)to the general public in substantial quantities in the course of normal business operations; (ii)The contract services will be furnished at prices that are,or are based on,established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii)Each service employee who will perform the services under the contract will spend only a small portion of his or her time(a monthly average of less than 20 percent of the available hours on an annualized basis,or less than 20 percent of available hours during the contract period if the contract period is less than a month)servicing the Government contract; and (iv)The compensation(wage and fringe benefits)plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3)If paragraph(k)(1)or(k)(2)of this clause applies— (i)If the offeror does not certify to the conditions in paragraph(k)(1)or(k)(2)and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation,the offeror shall notify the Contracting Officer as soon as possible; and W9126G-17-T-0063 Page 38 of 72 (ii)The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph(k)(1)or(k)(2)of this clause or to contact the Contracting Officer as required in paragraph(k)(3)(i)of this clause. (1)Taxpayer identification number(TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1)All offerors must submit the information required in paragraphs(1)(3)through(1)(5)of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c)and 3325(d),reporting requirements of 26 U.S.C. 6041, 6041A,and 6050M,and implementing regulations issued by the Internal Revenue Service(IRS). (2)The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government(31 U.S.C. 7701(c)(3)).If the resulting contract is subject to the payment reporting requirements described in FAR 4.904,the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3)Taxpayer Identification Number(TIN). [ ] TIN: [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien,foreign corporation,or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government; (4)Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity(Federal, State,or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other (5)Common parent. [ ] Offeror is not owned or controlled by a common parent: W9126G-17-T-0063 Page 39 of 72 [ ]Name and TIN of common parent: Name TIN (m)Restricted business operations in Sudan.By submission of its offer,the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n)Prohibition on Contracting with Inverted Domestic Corporations— (1)Government agencies are not permitted to use appropriated(or otherwise made available)funds for contracts with either an inverted domestic corporation,or a subsidiary of an inverted domestic corporation,unless the exception at 9.108-2(b)applies or the requirement is waived in accordance with the procedures at 9.108-4. (2)Representation.The Offeror represents that-- (i)It[ ] is, [ ] is not an inverted domestic corporation; and (ii)It[ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (o)Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1)The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2)Representation and Certification.Unless a waiver is granted or an exception applies as provided in paragraph (o)(3)of this provision,by submission of its offer,the offeror— (i)Represents,to the best of its knowledge and belief,that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by,or acting on behalf or at the direction of,the government of Iran; (ii)Certifies that the offeror,or any person owned or controlled by the offeror,does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii)Certifies that the offeror,and any person owned or controlled by the offeror,does not knowingly engage in any transaction that exceeds$3,500 with Iran's Revolutionary Guard Corps or any of its officials,agents,or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act(50(U.S.C. 1701 et seq.)(see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11 sdn.pdf). (3)The representation and certification requirements of paragraph(o)(2)of this provision do not apply if— (i)This solicitation includes a trade agreements certification(e.g.,52.212-3(g)or a comparable agency provision); and (ii)The offeror has certified that all the offered products to be supplied are designated country end products. (p)Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1)The Offeror represents that it[ ] has or[ ] does not have an immediate owner.If the Offeror has more than one immediate owner(such as a joint venture),then the Offeror shall respond to paragraph(2)and if applicable,paragraph(3)of this provision for each participant in the joint venture. W9126G-17-T-0063 Page 40 of 72 (2)If the Offeror indicates"has"in paragraph(p)(1)of this provision,enter the following information: Immediate owner CAGE code: Immediate owner legal name: (Do not use a"doing business as"name) Is the immediate owner owned or controlled by another entity: o Yes or o No. (3)If the Offeror indicates"yes"in paragraph(p)(2)of this provision,indicating that the immediate owner is owned or controlled by another entity,then enter the following information: Highest-level owner CAGE code: Highest-level owner legal name: (Do not use a"doing business as"name) (q)Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1)As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act,2015 (Pub.L. 113-235),and similar provisions,if contained in subsequent appropriations acts,The Government will not enter into a contract with any corporation that— (i)Has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government;or (ii)Was convicted of a felony criminal violation under any Federal law within the preceding 24 months,where the awarding agency is aware of the conviction,unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2)The Offeror represents that— (i)It is o is not o a corporation that has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii)It is o is not o a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r)Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16,Commercial and Government Entity Code Reporting.) (1)The Offeror represents that it[ ] is or[ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2)If the Offeror has indicated"is"in paragraph(r)(1)of this provision,enter the following information for all predecessors that held a Federal contract or grant within the last three years(if more than one predecessor,list in reverse chronological order): W91260'17l-0063 Page 4| o[72 Predecessor CAGE code: (or mark "Unkno*n'). Predecessor legal name: (Do not use u"doing business as"nuoe). Per Court Injunction dated 24Oct 20l6 and OMB memo dated 25 Oct 20l6do not implement the following until further direction. (s) Rcposcn/*ionogxrdingcomp|ixnccvvi/h|xhor|mvs (Exconk/cUrdcr )}A7]). |f/hcoDimrisxjoin/vcntuo that is not itselfa separate legal entity, each concern participating in the joint venture shall separately comply with the oqphomcn/s of/hispmvision. ())(i) For solicitations issncdonor after October 25. 2U)A /hrongh April 24. 2U)7: The UDimr does � Idocsno/ xndcip*csUbmixingxnoDirvvi/hxncs/ion/cdcon/mc/vxkIcofgou/cr/hxn$5UmU|ion. (ii) For solicitations isaUcd after April 24. 2017: The UDimr[ I does does ]lo/ anticipate aUhmixing an oDir with xn estimated contract vukIcofgo*cr than$5UU.UUU. (2)|f/hcUDimr checked"docs" in paragraph(s)())([)or(i[) of/his provision, the UDimr represents/o the best of the UDim/s knowledge and hc|icf[UDimr/o check appropriate block I: [k[)Thco has been no administrative merits dc/conin*ion, xrhi/ru|mvxnd or decision, or civil Judgment for ally labor law violation(s)rendered against the ofteror(see definitions in paragraph(a)OftlliS Section) (Wring the period hcginningonUc/ohcr25. 2U)5 /o /hcd*cof/hcoDir.orfbr/hocycxopoccding/hcd*cof/hcoDir.vvhichcvcr period is shorter, or [kii) There has been an administrative merits dc/conin*ion, xrhi/ru|mvxnd or decision, or civil Judgment for ally |xhor|mvvio|*ion(s)ondcodxgxins/ /hcUDimrdWdng/hcperiodhcgimningonUc/ohcr25. 2U)5 /o /hcd*cof /hcoDir. orfbr/hocycmspoccding/hcd*cof/hcoDir.vvhichcvcrperiodisshoncr. (])(i)|f/hc box*paragraph(s)(2)(ii) of/his provision is checked and/hcCon/mc/ing Officer has initiated x osponsi6Ui/ydc/conin*ionxndhxsoqucs/cdxddi/ionx| infbonxion. /hcUDimrshd|pmvidc— (/\) The following inboonx ionfbrcxchdisc|oscd labor law decision in the System for Award&4xnugcmcn/(SA&4) *vvvvmsxIlIgov'nn|css /hcinboonxionisdoudyoUncn/. xcoUxxc. xndcomp|c/cinSA&4. ThisinboonxionvvU| be pUblicly available in the Federal Awardee Performance and Integrity Information System(FAPIIS): ([)Thc labor law violated. (2)The case uUmber, inspection 11LIMber, charge uUmber, docket uUmber, or other UniqLIC identification nUmber. (])The date rendered. (4)Thcnxmcof/hccono. nhi/xxor(s). xgcncy.hoxrd. orcomoission/h* ondcod/hcdc/conin*ionordc6sion� (B)The administrative merits determination, arbitral award or decision, or civil Judgment(10CLIMC11t, to the Contracting Officer, J/hc Contracting Officer requires it, ([)|n SA&4, aIchxddi/iond inboonx ion as the UDimrdccmu necessary /o demonstrate its osponsihUi/y, inckUding mitigating factors and remedial mcxaios aIch as oDimrxc/ions taken to address the violations, labor compliance W9126G-17-T-0063 Page 42 of 72 text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and (D)The information in paragraphs (s)(3)(i)(A)and(s)(3)(i)(C)of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration(see FAR 4.1102(a)). (ii)(A)The Contracting Officer will consider all information provided under(s)(3)(i) of this provision as pan of making a responsibility determination. (B)A representation that any labor law decision(s)were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C)The representation in paragraph(s)(2) of this provision is a material representation of fact upon which reliance was placed when making award.If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4)The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph(s)(2) of this provision is no longer accurate. (5)The representation in paragraph(s)(2)of this provision will be public information in the Federal Awardee Performance and Integrity Information System(FAPIIS). (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-00019) (NOV 2016) (a) Comptroller General Examination of Record.The Contractor shall comply with the provisions of this paragraph (a)if this contract was awarded using other than sealed bid,is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2,Audit and Records --Negotiation. (1)The Comptroller General of the United States,or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2)The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit,or reproduction,until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention,of the other clauses of this contract.If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation,or claims are finally resolved. W9126G-17-T-0063 Page 43 of 72 (3)As used in this clause, records include books,documents, accounting procedures and practices, and other data, regardless of type and regardless of form.This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1)Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause,other than those in this paragraph(b)(1)in a subcontract for commercial items.Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i)52.203-13, Contractor Code of Business Ethics and Conduct(Oct 2015)(41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph(1)of FAR clause 52.222-17. (iv)52.222-21, Prohibition of Segregated Facilities(Apr 2015). (v)52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul 2014)(29 U.S.C. 793). (viii)52.222-37, Employment Reports on Veterans(Feb 2016)(38 U.S.C.4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph(f)of FAR clause 52.222-40. (x)52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C.chapter 67). (xi)X(A)52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.chapter 78 and E.O. 13627). (B)Alternate I(Mar 2015)of 52.222-50(22 U.S.C.chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration,or Repair of Certain Equipment--Requirements (May 2014)(41 U.S.C.chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014)(41 U.S.C.chapter 67) (xiv) 52.222-54, Employment Eligibility Verification(Oct 2015). (xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24,2017). (xvii)52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). W9126G-17-T-0063 Page 44 of 72 (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862,as amended,of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.2302 Note). (xix) 52.226-6,Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph(e)of FAR clause 52.226-6. (xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b)and 10 U.S.C.2631).Flow down required in accordance with paragraph(d)of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION(JULY 2013) (a)Definitions.As used in this clause-- Long-term contract means a contract of more than five years in duration,including options.However,the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8,Option to Extend Services,or other appropriate authority. Small business concern means a concern,including its affiliates,that is independently owned and operated,not dominant in the field of operation in which it is bidding on Government contracts,and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph(c)of this clause. Such a concern is"not dominant in its field of operation"when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.In determining whether dominance exists,consideration shall be given to all appropriate factors,including volume of business,number of employees,financial resources,competitive status or position,ownership or control of materials,processes,patents, license agreements,facilities,sales territory,and nature of business activity. (b)If the Contractor represented that it was a small business concern prior to award of this contract,the Contractor shall rerepresent its size status according to paragraph(e)of this clause or,if applicable,paragraph(g)of this clause,upon the occurrence of any of the following: (1)Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause,if the novation agreement was executed prior to inclusion of this clause in the contract. (2)Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause,if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3)For long-term contracts-- (i)Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii)Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. W9126G-17-T-0063 Page 45 of 72 (c)The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System(NAICS)code assigned to this contract.The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d)The small business size standard for a Contractor providing a product which it does not manufacture itself,for a contract other than a construction or service contract,is 500 employees. (e)Except as provided in paragraph(g)of this clause,the Contractor shall make the representation required by paragraph(b)of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management(SAM)and its other data in SAM,as necessary,to ensure that they reflect the Contractor's current status.The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph(b)of this clause that the data have been validated or updated,and provide the date of the validation or update. (f)If the Contractor represented that it was other than a small business concern prior to award of this contract,the Contractor may,but is not required to,take the actions required by paragraphs(e)or(g)of this clause. (g)If the Contractor does not have representations and certifications in SAM,or does not have a representation in SAM for the NAICS code applicable to this contract,the Contractor is required to complete the following rerepresentation and submit it to the contracting office,along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it( )is,( )is not a small business concern under NAICS Code - assigned to contract number (Contractor to sign and date and insert authorized signer's name and title). (End of clause) 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES(MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor(29 CFR part 4),this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage-Fringe Benefits 27131 Police Officer I GS-6$31,504 (End of clause) 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA- DESIGNATED ITEMS(MAY 2008) (a)Definitions.As used in this clause-- W9126G-17-T-0063 Page 46 of 72 Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery,having completed its life as a consumer item.Postconsumer material is a part of the broader category of"recovered material." Recovered material means waste materials and by-products recovered or diverted from solid waste,but the term does not include those materials and by-products generated from,and commonly reused within,an original manufacturing process. (b)The Contractor,on completion of this contract,shall-- (1)Estimate the percentage of the total recovered material content for EPA-designated item(s)delivered and/or used in contract performance,including,if applicable,the percentage of post-consumer material content; and (2)Submit this estimate to US Army Corps of Engineers Lavon Lake Attn:Michael Kinard 3375 Skyview Drive Wylie,Texas 75098 (End of clause) 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (OCT 2015) (a)Definitions.As used in this provision-- Person-- (1)Means-- (i)A natural person; (ii)A corporation,business association,partnership,society,trust,financial institution,insurer,underwriter, guarantor,and any other business organization,any other nongovernmental entity,organization,or group,and any governmental entity operating as a business enterprise; and (iii)Any successor to any entity described in paragraph(1)(ii)of this definition; and (2)Does not include a government or governmental entity that is not operating as a business enterprise. Sensitive technology-- (1)Means hardware,software,telecommunications equipment,or any other technology that is to be used specifically-- (i)To restrict the free flow of unbiased information in Iran;or (ii)To disrupt,monitor,or otherwise restrict speech of the people of Iran; and W9126G-17-T-0063 Page 47 of 72 (2)Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b)The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (c)Except as provided in paragraph(d)of this provision or if a waiver has been granted in accordance with 25.703- 4,by submission of its offer,the offeror— (1)Represents,to the best of its knowledge and belief,that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by,or acting on behalf or at the direction of,the government of Iran; (2)Certifies that the offeror,or any person owned or controlled by the offeror,does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.These sanctioned activities are in the areas of development of the petroleum resources of Iran,production of refined petroleum products in Iran,sale and provision of refined petroleum products to Iran,and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3)Certifies that the offeror,and any person owned or controlled by the offeror,does not knowingly engage in any transaction that exceeds$3,500 with Iran's Revolutionary Guard Corps or any of its officials,agents,or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act(50 U.S.C. 1701 et seq.)(see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/tl lsdn.pdf). (d)Exception for trade agreements.The representation requirement of paragraph(c)(1)and the certification requirements of paragraphs(c)(2)and(c)(3)of this provision do not apply if— (1)This solicitation includes a trade agreements notice or certification(e.g.,52.225-4,52.225-6,52.225-12,52.225- 24,or comparable agency provision); and (2)The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE(FEB 1998) This solicitation incorporates one or more solicitation provisions by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available.The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.In lieu of submitting the full text of those provisions,the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.Also,the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of provision) W9126G-17-T-0063 Page 48 of 72 52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998) This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ (End of clause) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a)The use in this solicitation of any Federal Acquisition Regulation(48 CFR Chapter 1)provision with an authorized deviation is indicated by the addition of'(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any DFARS (48 CFR Chapter 2)provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation. (End of provision) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a)The use in this solicitation or contract of any Federal Acquisition Regulation(48 CFR Chapter 1)clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the clause. (b)The use in this solicitation or contract of any DFARS (48 CFR Chapter 2)clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation. (End of clause) 252.204-7007 ALTERNATE A,ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015) Substitute the following paragraphs(d)and(e)for paragraph(d)of the provision at FAR 52.204-8: (d)(1)The following representations or certifications in the System for Award Management(SAM)database are applicable to this solicitation as indicated: (i)252.209-7003,Reserve Officer Training Corps and Military Recruiting on Campus--Representation.Applies to all solicitations with institutions of higher education. (ii)252.216-7008,Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government.Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country,and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials. (iii)252.222-7007,Representation Regarding Combating Trafficking in Persons,as prescribed in 222.1771.Applies to solicitations with a value expected to exceed the simplified acquisition threshold. W9126G-17-T-0063 Page 49 of 72 (iv)252.225-7042,Authorization to Perform.Applies to all solicitations when performance will be wholly or in part in a foreign country. (v)252.225-7049,Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations.Applies to solicitations for the acquisition of commercial satellite services. (vi)252.225-7050,Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.Applies to all solicitations expected to result in contracts of$150,000 or more. (vii)252.229-7012,Tax Exemptions(Italy)--Representation. Applies to solicitations when contract performance will be in Italy. (viii)252.229-7013,Tax Exemptions(Spain)--Representation.Applies to solicitations when contract performance will be in Spain. (ix)252.247-7022,Representation of Extent of Transportation by Sea.Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. (2)The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] (i)252.209-7002,Disclosure of Ownership or Control by a Foreign Government. (ii)252.225-7000,Buy American--Balance of Payments Program Certificate. (iii)252.225-7020,Trade Agreements Certificate. Use with Alternate I. (iv)252.225-7031, Secondary Arab Boycott of Israel. (v)252.225-7035,Buy American--Free Trade Agreements--Balance of Payments Program Certificate. Use with Alternate I. Use with Alternate II. Use with Alternate III. Use with Alternate IV. Use with Alternate V. (e)The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/.After reviewing the SAM database information,the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c)and paragraph(d)of this provision have been entered or updated within the last 12 months,are current,accurate,complete,and applicable to this solicitation(including the business size standard applicable to the NAICS code referenced for this solicitation),as of the date of this offer,and are incorporated in this offer by reference(see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number,title,date].These amended representation(s)and/or certification(s)are also incorporated in this offer and are current,accurate,and complete W9126G-17-T-0063 Page 50 of 72 as of the date of this offer. FAR/DFARS Clause# Title Date Change Any changes provided by the offeror are applicable to this solicitation only,and do not result in an update to the representations and certifications located in the SAM database. (End of provision) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING(OCT 2016) (a)Definitions.As used in this clause-- Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse,or unauthorized access to,or modification of information. Compromise means disclosure of information to unauthorized persons,or a violation of the security policy of a system,in which unauthorized intentional or unintentional disclosure,modification,destruction,or loss of an object, or the copying of information to unauthorized media may have occurred. Contractor attributional/proprietary information means information that identifies the contractor(s),whether directly or indirectly,by the grouping of information that can be traced back to the contractor(s)(e.g.,program description, facility locations),personally identifiable information,as well as trade secrets,commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. Controlled technical information means technical information with military or space application that is subject to controls on the access,use,reproduction,modification,performance,display,release,disclosure,or dissemination. Controlled technical information would meet the criteria,if disseminated,for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24,Distribution Statements on Technical Documents.The term does not include information that is lawfully publicly available without restrictions. Covered contractor information system means an unclassified information system that is owned,or operated by or for,a contractor and that processes,stores,or transmits covered defense information. Covered defense information means unclassified controlled technical information or other information,as described in the Controlled Unclassified Information(CUI)Registry at http://www.archives.gov/cui/registry/category- list.html,that requires safeguarding or dissemination controls pursuant to and consistent with law,regulations,and Governmentwide policies,and is-- (1)Marked or otherwise identified in the contract,task order,or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract;or (2)Collected,developed,received,transmitted,used,or stored by or on behalf of the contractor in support of the performance of the contract. Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. W9126G-17-T-0063 Page 51 of 72 Forensic analysis means the practice of gathering,retaining,and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. Information system means a discrete set of information resources organized for the collection,processing, maintenance,use,sharing,dissemination,or disposition of information. Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality,integrity,or availability of an information system.This definition includes a virus,worm,Trojan horse,or other code-based entity that infects a host,as well as spyware and some forms of adware. Media means physical devices or writing surfaces including,but is not limited to,magnetic tapes,optical disks, magnetic disks,large-scale integration memory chips,and printouts onto which covered defense information is recorded,stored,or printed within a covered contractor information system. Operationally critical support means supplies or services designated by the Government as critical for airlift,sealift, intermodal transportation services,or logistical support that is essential to the mobilization,deployment,or sustainment of the Armed Forces in a contingency operation. Rapidly report means within 72 hours of discovery of any cyber incident. Technical information means technical data or computer software,as those terms are defined in the clause at DFARS 252.227-7013,Rights in Technical Data--Noncommercial Items,regardless of whether or not the clause is incorporated in this solicitation or contract.Examples of technical information include research and engineering data,engineering drawings,and associated lists,specifications,standards,process sheets,manuals,technical reports, technical orders,catalog-item identifications,data sets,studies and analyses and related information,and computer software executable code and source code. (b)Adequate security.The Contractor shall provide adequate security on all covered contractor information systems.To provide adequate security,the Contractor shall implement,at a minimum,the following information security protections: (1)For covered contractor information systems that are part of an information technology(IT)service or system operated on behalf of the Government,the following security requirements apply: (i)Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services,of this contract. (ii)Any other such IT service or system(i.e.,other than cloud computing)shall be subject to the security requirements specified elsewhere in this contract. (2)For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph(b)(1)of this clause,the following security requirements apply: (i)Except as provided in paragraph(b)(2)(ii)of this clause,the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology(NIST) Special Publication(SP)800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations"(available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171)in effect at the time the solicitation is issued or as authorized by the Contracting Officer. W9126G-17-T-0063 Page 52 of 72 (ii)(A)The Contractor shall implement NIST SP 800-171,as soon aspractical,but not later than December 31, 2017.For all contracts awarded prior to October 1,2017,the Contractor shall notify the DoD Chief Information Officer(CIO),via email at osd.dibcsia@mail.mil,within 30 days of contract award,of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. (B)The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer,for consideration by the DoD CIO.The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative,but equally effective, security measure that may be implemented in its place. (C)If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective,a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract. (D)If the Contractor intends to use an external cloud service provider to store,process,or transmit any covered defense information in performance of this contract,the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program(FedRAMP)Moderate baseline (https://www.fedramp.gov/resources/documents/)and that the cloud service provider complies with requirements in paragraphs(c)through(g)of this clause for cyber incident reporting,malicious software,media preservation and protection,access to additional information and equipment necessary for forensic analysis,and cyber incident damage assessment. (3)Apply other information systems security measures when the Contractor reasonably determines that information systems security measures,in addition to those identified in paragraphs(b)(1)and(2) of this clause,may be required to provide adequate security in a dynamic environment or to accommodate special circumstances(e.g.,medical devices)and any individual,isolated,or temporary deficiencies based on an assessed risk or vulnerability.These measures may be addressed in a system security plan. (c)Cyber incident reporting requirement. (1)When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein,or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract,the Contractor shall-- (i)Conduct a review for evidence of compromise of covered defense information,including,but not limited to, identifying compromised computers,servers,specific data,and user accounts.This review shall also include analyzing covered contractor information system(s)that were part of the cyber incident,as well as other information systems on the Contractor's network(s),that may have been accessed as a result of the incident in order to identify compromised covered defense information,or that affect the Contractor's ability to provide operationally critical support; and (ii)Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. (2)Cyber incident report.The cyber incident report shall be treated as information created by or for DoD and shall include,at a minimum,the required elements at http://dibnet.dod.mil. (3)Medium assurance certificate requirement.In order to report cyber incidents in accordance with this clause,the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents.For information on obtaining a DoD-approved medium assurance certificate,see http://iase.disa.mil/pki/eca/Pages/index.aspx. (d)Malicious software.When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident,submit the malicious software to DoD Cyber Crime Center W9126G-17-T-0063 Page 53 of 72 (DC3)in accordance with instructions provided by DC3 or the Contracting Officer.Do not send the malicious software to the Contracting Officer. (e)Media preservation and protection.When a Contractor discovers a cyber incident has occurred,the Contractor shall preserve and protect images of all known affected information systems identified in paragraph(c)(1)(i)of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. (f)Access to additional information or equipment necessary for forensic analysis.Upon request by DoD,the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. (g)Cyber incident damage assessment activities.If DoD elects to conduct a damage assessment,the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph(e)of this clause. (h)DoD safeguarding and use of contractor attributional/proprietary information.The Government shall protect against the unauthorized use or release of information obtained from the contractor(or derived from information obtained from the contractor)under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph(c).To the maximum extent practicable,the Contractor shall identify and mark attributional/proprietary information.In making an authorized release of such information,the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release,seeking to include only that information that is necessary for the authorized purpose(s)for which the information is being released. (i)Use and release of contractor attributional/proprietary information not created by or for DoD.Information that is obtained from the contractor(or derived from information obtained from the contractor)under this clause that is not created by or for DoD is authorized to be released outside of DoD-- (1)To entities with missions that may be affected by such information; (2)To entities that may be called upon to assist in the diagnosis,detection,or mitigation of cyber incidents; (3)To Government entities that conduct counterintelligence or law enforcement investigations; (4)For national security purposes,including cyber situational awareness and defense purposes(including with Defense Industrial Base(DIB)participants in the program at 32 CFR part 236);or (5)To a support services contractor("recipient")that is directly supporting Government activities under a contract that includes the clause at 252.204-7009,Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. (j)Use and release of contractor attributional/proprietary information created by or for DoD.Information that is obtained from the contractor(or derived from information obtained from the contractor)under this clause that is created by or for DoD(including the information submitted pursuant to paragraph(c)of this clause)is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph(i)of this clause,and for any other lawful Government purpose or activity,subject to all applicable statutory,regulatory,and policy based restrictions on the Government's use and release of such information. (k)The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception,monitoring,access,use,and disclosure of electronic communications and data. W9126G-17-T-0063 Page 54 of 72 (1)Other safeguarding or reporting requirements.The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract,or as a result of other applicable U.S. Government statutory or regulatory requirements. (m)Subcontracts.The Contractor shall-- (1)Include this clause,including this paragraph(m),in subcontracts,or similar contractual instruments,for operationally critical support,or for which subcontract performance will involve covered defense information, including subcontracts for commercial items,without alteration,except to identify the parties.The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause,and,if necessary,consult with the Contracting Officer; and (2)Require subcontractors to-- (i)Notify the prime Contractor(or next higher-tier subcontractor)when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer,in accordance with paragraph(b)(2)(ii)(B)of this clause; and (ii)Provide the incident report number,automatically assigned by DoD,to the prime Contractor(or next higher-tier subcontractor)as soon as practicable,when reporting a cyber incident to DoD as required in paragraph(c)of this clause. (End of clause) 252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PERFORMANCE INFORMATION RETRIEVAL SYSTEM--STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS (JUNE 2015) (a)The Past Performance Information Retrieval System--Statistical Reporting(PPIRS-SR)application (http://www.ppirs.gov/)will be used in the evaluation of suppliers'past performance in accordance with DFARS 213.106-2(b)(i). (b)PPIRS-SR collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier's performance history by Federal supply class (FSC)and product or service code(PSC).The PPIRS-SR application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased. (c)The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier's past performance in conjunction with the supplier's references(if requested)and other provisions of this solicitation under the past performance evaluation factor.The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government. (d)PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User's Manual found at https://www.ppirs.gov/pdf/PPIRS-SRUserMan.pdf. Contractors are granted access to PPIRS-SR for their own classifications only. Suppliers are W9126G-17-T-0063 Page 55 of 72 encouraged to review their own classifications,the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual,and PPIRS-SR Evaluation Criteria available from the references at https://www.ppirs.gov/pdf/PPIRS-SRDataEvaluationCriteria.pdf.The method to challenge a rating generated by PPIRS- SR is provided in the User's Manual. (End of provision) 252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013) (a)Definition. "Export-controlled items,"as used in this clause,means items subject to the Export Administration Regulations(EAR)(15 CFR Parts 730-774)or the International Traffic in Arms Regulations(ITAR)(22 CFR Parts 120-130).The term includes-- (1)"Defense items,"defined in the Arms Export Control Act,22 U.S.C.2778(j)(4)(A),as defense articles,defense services,and related technical data,and further defined in the ITAR,22 CFR Part 120; and (2)"Items,"defined in the EAR as "commodities", "software",and"technology,"terms that are also defined in the EAR, 15 CFR 772.1. (b)The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including,but not limited to,the requirement for contractors to register with the Department of State in accordance with the ITAR.The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c)The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of,and is not established or limited by,the information provided by this clause. (d)Nothing in the terms of this contract adds,changes,supersedes,or waives any of the requirements of applicable Federal laws,Executive orders,and regulations,including but not limited to— (1)The Export Administration Act of 1979,as amended(50 U.S.C.App.2401,et seq.); (2)The Arms Export Control Act(22 U.S.C.2751,et seq.); (3)The International Emergency Economic Powers Act(50 U.S.C. 1701,et seq.); (4)The Export Administration Regulations(15 CFR Parts 730-774); (5)The International Traffic in Arms Regulations(22 CFR Parts 120-130); and (6)Executive Order 13222,as extended. (e)The Contractor shall include the substance of this clause,including this paragraph(e),in all subcontracts. (End of clause) WD W9126G-17-T-0063 Page 56 of 72 WD 15-2510 (Rev.-3) was first posted on www.wdol.gov on 01/03/2017 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor I WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Wage Determination No. : 2015-2510 Daniel W. Simms Division of Revision No. : 3 Director Wage Determinations) Date Of Revision: 12/30/2016 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. State: Texas Area: Texas Counties of Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Kaufman, Rockwall, Smith **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.36 01012 - Accounting Clerk II 16.13 01013 - Accounting Clerk III 18.03 01020 - Administrative Assistant 26.46 W9126G-17-T-0063 Page 57 of 72 01035 - Court Reporter 17.29 01051 - Data Entry Operator I 13.20 01052 - Data Entry Operator II 14.41 01060 - Dispatcher, Motor Vehicle 21.36 01070 - Document Preparation Clerk 14.24 01090 - Duplicating Machine Operator 14.24 01111 - General Clerk I 11.32 01112 - General Clerk II 12.79 01113 - General Clerk III 15.78 01120 - Housing Referral Assistant 21.60 01141 - Messenger Courier 11.86 01191 - Order Clerk I 13.66 01192 - Order Clerk II 14.91 01261 - Personnel Assistant (Employment) I 16.75 01262 - Personnel Assistant (Employment) II 18.73 01263 - Personnel Assistant (Employment) III 20.88 01270 - Production Control Clerk 21.36 01290 - Rental Clerk 15.30 01300 - Scheduler, Maintenance 17.32 01311 - Secretary I 17.32 01312 - Secretary II 19.38 01313 - Secretary III 21.60 01320 - Service Order Dispatcher 17.47 01410 - Supply Technician 25.99 01420 - Survey Worker 17.29 01460 - Switchboard Operator/Receptionist 13.60 01531 - Travel Clerk I 13.07 01532 - Travel Clerk II 14.04 01533 - Travel Clerk III 15.06 01611 - Word Processor I 12.80 01612 - Word Processor II 15.30 01613 - Word Processor III 17.29 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 20.00 05010 - Automotive Electrician 23.04 05040 - Automotive Glass Installer 20.93 05070 - Automotive Worker 22.02 W9126G-17-T-0063 Page 58 of 72 05110 - Mobile Equipment Servicer 18.52 05130 - Motor Equipment Metal Mechanic 22.16 05160 - Motor Equipment Metal Worker 20.93 05190 - Motor Vehicle Mechanic 22.99 05220 - Motor Vehicle Mechanic Helper 17.27 05250 - Motor Vehicle Upholstery Worker 19.82 05280 - Motor Vehicle Wrecker 20.93 05310 - Painter, Automotive 24.22 05340 - Radiator Repair Specialist 20.93 05370 - Tire Repairer 12.44 05400 - Transmission Repair Specialist 22.16 07000 - Food Preparation And Service Occupations 07010 - Baker 11.26 07041 - Cook I 10.33 07042 - Cook II 11.69 07070 - Dishwasher 8.38 07130 - Food Service Worker 9.61 07210 - Meat Cutter 13.34 07260 - Waiter/Waitress 9.03 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 15.32 09040 - Furniture Handler 10.24 09080 - Furniture Refinisher 15.32 09090 - Furniture Refinisher Helper 12.02 09110 - Furniture Repairer, Minor 13.78 09130 - Upholsterer 16.53 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.82 11060 - Elevator Operator 9.70 11090 - Gardener 13.58 11122 - Housekeeping Aide 9.70 11150 - Janitor 9.70 11210 - Laborer, Grounds Maintenance 10.39 11240 - Maid or Houseman 8.47 11260 - Pruner 11.58 11270 - Tractor Operator 12.58 11330 - Trail Maintenance Worker 11.07 W9126G-17-T-0063 Page 59 of 72 11360 - Window Cleaner 11.12 12000 - Health Occupations 12010 - Ambulance Driver 15.87 12011 - Breath Alcohol Technician 19.80 12012 - Certified Occupational Therapist Assistant 28.62 12015 - Certified Physical Therapist Assistant 27.35 12020 - Dental Assistant 19.08 12025 - Dental Hygienist 36.14 12030 - EKG Technician 28.89 12035 - Electroneurodiagnostic Technologist 28.89 12040 - Emergency Medical Technician 15.87 12071 - Licensed Practical Nurse I 18.42 12072 - Licensed Practical Nurse II 20.60 12073 - Licensed Practical Nurse III 22.96 12100 - Medical Assistant 15.37 12130 - Medical Laboratory Technician 19.22 12160 - Medical Record Clerk 15.45 12190 - Medical Record Technician 17.26 12195 - Medical Transcriptionist 17.87 12210 - Nuclear Medicine Technologist 33.52 12221 - Nursing Assistant I 10.43 12222 - Nursing Assistant II 11.72 12223 - Nursing Assistant III 12.80 12224 - Nursing Assistant IV 14.36 12235 - Optical Dispenser 15.48 12236 - Optical Technician 13.78 12250 - Pharmacy Technician 15.18 12280 - Phlebotomist 14.36 12305 - Radiologic Technologist 25.82 12311 - Registered Nurse I 25.82 12312 - Registered Nurse II 31.58 12313 - Registered Nurse II, Specialist 31.58 12314 - Registered Nurse III 38.19 12315 - Registered Nurse III, Anesthetist 38.19 12316 - Registered Nurse IV 45.78 12317 - Scheduler (Drug and Alcohol Testing) 24.53 13000 - Information And Arts Occupations W9126G-17-T-0063 Page 60 of 72 13011 - Exhibits Specialist I 20.65 13012 - Exhibits Specialist II 25.58 13013 - Exhibits Specialist III 31.28 13041 - Illustrator I 24.95 13042 - Illustrator II 30.91 13043 - Illustrator III 36.18 13047 - Librarian 31.56 13050 - Library Aide/Clerk 14.33 13054 - Library Information Technology Systems 27.42 Administrator 13058 - Library Technician 16.29 13061 - Media Specialist I 19.78 13062 - Media Specialist II 22.13 13063 - Media Specialist III 24.67 13071 - Photographer I 16.50 13072 - Photographer II 18.46 13073 - Photographer III 22.87 13074 - Photographer IV 27.97 13075 - Photographer V 33.85 13110 - Video Teleconference Technician 21.59 14000 - Information Technology Occupations 14041 - Computer Operator I 15.91 14042 - Computer Operator II 17.80 14043 - Computer Operator III 20.78 14044 - Computer Operator IV 24.67 14045 - Computer Operator V 27.31 14071 - Computer Programmer I (see 1) 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 15.91 14160 - Personal Computer Support Technician 24.67 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 35.04 W9126G-17-T-0063 Page 61 of 72 15020 - Aircrew Training Devices Instructor (Rated) 41.90 15030 - Air Crew Training Devices Instructor (Pilot) 46.09 15050 - Computer Based Training Specialist / Instructor 35.04 15060 - Educational Technologist 30.46 15070 - Flight Instructor (Pilot) 46.09 15080 - Graphic Artist 22.70 15090 - Technical Instructor 22.61 15095 - Technical Instructor/Course Developer 27.44 15110 - Test Proctor 18.16 15120 - Tutor 18.16 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.32 16030 - Counter Attendant 9.32 16040 - Dry Cleaner 11.86 16070 - Finisher, Flatwork, Machine 9.32 16090 - Presser, Hand 9.32 16110 - Presser, Machine, Drycleaning 9.32 16130 - Presser, Machine, Shirts 9.32 16160 - Presser, Machine, Wearing Apparel, Laundry 9.32 16190 - Sewing Machine Operator 12.50 16220 - Tailor 13.33 16250 - Washer, Machine 10.19 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 19.18 19040 - Tool And Die Maker 22.87 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 15.02 21030 - Material Coordinator 19.45 21040 - Material Expediter 19.45 21050 - Material Handling Laborer 12.80 21071 - Order Filler 13.57 21080 - Production Line Worker (Food Processing) 15.02 21110 - Shipping Packer 13.52 21130 - Shipping/Receiving Clerk 13.52 21140 - Store Worker I 11.85 21150 - Stock Clerk 15.94 21210 - Tools And Parts Attendant 15.02 W9126G-17-T-0063 Page 62 of 72 21410 - Warehouse Specialist 15.02 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 30.47 23021 - Aircraft Mechanic I 29.07 23022 - Aircraft Mechanic II 30.47 23023 - Aircraft Mechanic III 31.89 23040 - Aircraft Mechanic Helper 19.71 23050 - Aircraft, Painter 25.93 23060 - Aircraft Servicer 22.61 23080 - Aircraft Worker 23.90 23110 - Appliance Mechanic 17.18 23120 - Bicycle Repairer 12.44 23125 - Cable Splicer 19.60 23130 - Carpenter, Maintenance 17.25 23140 - Carpet Layer 16.43 23160 - Electrician, Maintenance 20.94 23181 - Electronics Technician Maintenance I 25.82 23182 - Electronics Technician Maintenance II 27.21 23183 - Electronics Technician Maintenance III 29.34 23260 - Fabric Worker 16.68 23290 - Fire Alarm System Mechanic 19.04 23310 - Fire Extinguisher Repairer 15.48 23311 - Fuel Distribution System Mechanic 19.28 23312 - Fuel Distribution System Operator 16.29 23370 - General Maintenance Worker 17.70 23380 - Ground Support Equipment Mechanic 29.07 23381 - Ground Support Equipment Servicer 22.61 23382 - Ground Support Equipment Worker 23.90 23391 - Gunsmith I 15.48 23392 - Gunsmith II 17.79 23393 - Gunsmith III 19.76 23410 - Heating, Ventilation And Air-Conditioning 19.50 Mechanic 23411 - Heating, Ventilation And Air Contditioning 20.44 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 19.71 23440 - Heavy Equipment Operator 16.87 W9126G-17-T-0063 Page 63 of 72 23460 - Instrument Mechanic 22.51 23465 - Laboratory/Shelter Mechanic 18.74 23470 - Laborer 12.10 23510 - Locksmith 18.99 23530 - Machinery Maintenance Mechanic 21.04 23550 - Machinist, Maintenance 17.89 23580 - Maintenance Trades Helper 13.22 23591 - Metrology Technician I 22.51 23592 - Metrology Technician II 23.59 23593 - Metrology Technician III 24.69 23640 - Millwright 22.28 23710 - Office Appliance Repairer 18.30 23760 - Painter, Maintenance 16.85 23790 - Pipefitter, Maintenance 22.46 23810 - Plumber, Maintenance 21.38 23820 - Pneudraulic Systems Mechanic 19.76 23850 - Rigger 21.28 23870 - Scale Mechanic 17.79 23890 - Sheet-Metal Worker, Maintenance 18.28 23910 - Small Engine Mechanic 17.03 23931 - Telecommunications Mechanic I 23.56 23932 - Telecommunications Mechanic II 24.66 23950 - Telephone Lineman 21.40 23960 - Welder, Combination, Maintenance 17.75 23965 - Well Driller 20.07 23970 - Woodcraft Worker 19.71 23980 - Woodworker 14.17 24000 - Personal Needs Occupations 24570 - Child Care Attendant 10.73 24580 - Child Care Center Clerk 13.39 24610 - Chore Aide 8.60 24620 - Family Readiness And Support Services 13.70 Coordinator 24630 - Homemaker 17.11 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 22.92 25040 - Sewage Plant Operator 17.52 W9126G-17-T-0063 Page 64 of 72 25070 - Stationary Engineer 22.92 25190 - Ventilation Equipment Tender 15.57 25210 - Water Treatment Plant Operator 17.52 27000 - Protective Service Occupations 27004 - Alarm Monitor 17.51 27007 - Baggage Inspector 14.10 27008 - Corrections Officer 18.17 27010 - Court Security Officer 23.50 27030 - Detection Dog Handler 16.92 27040 - Detention Officer 19.99 27070 - Firefighter 22.87 27101 - Guard I 14.10 27102 - Guard II 16.92 27131 - Police Officer I 27.08 27132 - Police Officer II 30.10 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.31 28042 - Carnival Equipment Repairer 13.07 28043 - Carnival Worker 9.50 28210 - Gate Attendant/Gate Tender 14.18 28310 - Lifeguard 11.19 28350 - Park Attendant (Aide) 15.86 28510 - Recreation Aide/Health Facility Attendant 11.57 28515 - Recreation Specialist 18.00 28630 - Sports Official 12.63 28690 - Swimming Pool Operator 21.99 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 18.83 29020 - Hatch Tender 18.83 29030 - Line Handler 18.83 29041 - Stevedore I 16.91 29042 - Stevedore II 18.79 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.81 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.07 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.72 30021 - Archeological Technician I 19.29 W9126G-17-T-0063 Page 65 of 72 30022 - Archeological Technician II 22.30 30023 - Archeological Technician III 27.75 30030 - Cartographic Technician 27.75 30040 - Civil Engineering Technician 23.51 30061 - Drafter/CAD Operator I 20.07 30062 - Drafter/CAD Operator II 22.40 30063 - Drafter/CAD Operator III 24.97 30064 - Drafter/CAD Operator IV 30.73 30081 - Engineering Technician I 17.56 30082 - Engineering Technician II 19.70 30083 - Engineering Technician III 22.03 30084 - Engineering Technician IV 27.30 30085 - Engineering Technician V 33.40 30086 - Engineering Technician VI 40.41 30090 - Environmental Technician 24.73 30210 - Laboratory Technician 22.28 30240 - Mathematical Technician 27.75 30361 - Paralegal/Legal Assistant I 18.92 30362 - Paralegal/Legal Assistant II 23.44 30363 - Paralegal/Legal Assistant III 28.67 30364 - Paralegal/Legal Assistant IV 34.70 30390 - Photo-Optics Technician 27.75 30461 - Technical Writer I 25.09 30462 - Technical Writer II 30.68 30463 - Technical Writer III 37.13 30491 - Unexploded Ordnance (UXO) Technician I 24.03 30492 - Unexploded Ordnance (UXO) Technician II 29.08 30493 - Unexploded Ordnance (UXO) Technician III 34.85 30494 - Unexploded (UXO) Safety Escort 24.03 30495 - Unexploded (UXO) Sweep Personnel 24.03 30620 - Weather Observer, Combined Upper Air Or (see 2) 24.97 Surface Programs 30621 - Weather Observer, Senior (see 2) 25.23 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 10.18 31030 - Bus Driver 14.88 31043 - Driver Courier 16.55 W9126G-17-T-0063 Page 66 of 72 31260 - Parking and Lot Attendant 8.87 31290 - Shuttle Bus Driver 18.09 31310 - Taxi Driver 9.76 31361 - Truckdriver, Light 18.09 31362 - Truckdriver, Medium 19.69 31363 - Truckdriver, Heavy 21.04 31364 - Truckdriver, Tractor-Trailer 21.04 99000 - Miscellaneous Occupations 99030 - Cashier 9.76 99050 - Desk Clerk 9.75 99095 - Embalmer 22.34 99251 - Laboratory Animal Caretaker I 10.86 99252 - Laboratory Animal Caretaker II 11.87 99310 - Mortician 22.94 99410 - Pest Controller 18.98 99510 - Photofinishing Worker 14.89 99710 - Recycling Laborer 15.88 99711 - Recycling Specialist 19.54 99730 - Refuse Collector 14.05 99810 - Sales Clerk 13.65 99820 - School Crossing Guard 9.97 99830 - Survey Party Chief 23.31 99831 - Surveying Aide 13.96 99832 - Surveying Technician 17.89 99840 - Vending Machine Attendant 14.09 99841 - Vending Machine Repairer 17.03 99842 - Vending Machine Repairer Helper 14.05 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid W9126G-17-T-0063 Page 67 of 72 sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions costing an average of $4.27 per hour computed on the basis of all hours worked by service employees employed on the contract. VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr. 's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per W9126G-17-T-0063 Page 68 of 72 week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400) . 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 100 of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 250 of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work) . W9126G-17-T-0063 Page 69 of 72 ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made W9126G-17-T-0063 Page 70 of 72 the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day) . However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS ** The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444) Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b) (2) (i)) . Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b) (2) (ii)) . The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b) (2) (iv) (C) (vi)) . When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage W9126G-17-T-0063 Page 71 of 72 determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s) . 2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b) (2) (ii)) . 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF-1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. W9126G-17-T-0063 Page 72 of 72 Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. ku) IT:i7 4.4;,,11 TO: U.S. Army Carps of Engineers DATE: March 21, 2017 SUBJECT: Contract for Increased Law Enforcement Services 2017 Labor: Patrol Officers. 656 hrs X $48„42 hr, $31,763,52 (Average C/T rate Cr Officers working this contract) Supervisor: 15 hrs.. X $70,68 hr $1,060.25. Clerical Support: 20 hrs. X $39 26 hr. $78570 Dispatch (weekends): 396 hrs, X $33AO hr. $13,226,40 Total: $46,835.37 FICA/Medicare. .0765 X $46,835,37 $3,582,91 TMRS: 1457 X $46,623,42 $6„823,91 Total: $10,406,82 Total Labor $57,242 19 Vehicle Cast: 9500 mi. X „535 (IRS Rate) $5,082,50 Total Contract: $62,324,69 Labor/Vehlcle: $62„324.69 I 656 hrs $95,01 per hour Anthony Henderson Chief of Police Wylie Police Department / W0126G-l7-T-00d3 i PagQ20e[72 Bid Schedule Layom Lake City zf Wylie Law Enforcement Contract Period of Performance (19 May 2U17thru 5 Septemer 2817) Description Quantity U/M Rate Total � Estimated Labor Cost/Hour �� Hours Estimated Veh,ideCost/Mile Miles % Total Contract Cost ,vt Chargeable Hourly Rate (Vehic�e & Labor) ('Total [wntracT[m5t/6chedu|ed Patrol Hours) Estimated Labor[}uanitity= Scheduled Patrol Hours EstimatedLaborRate=Tmta| LabmrCwsts (Officers'Admin. Supervisory' etc) 1.CONTRACT ID CODE PAGE OF PAGES AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 I 2 2.AMENDMENT/MODIFICATION NO. 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE REQ.NO. 5.PROJECTNO.(Ifapplicable) 0001 07-Apr-2017 6.ISSUED BY CODE V 9126G 7.ADMINISTERED BY(Ifother than item 6) CODE US ARMY ENGINEER DISTRICT,FORT WORTH ATTN:CESV\F-CT See Item 6 819 TAYLOR ST,ROOM 2A17 FORT V\DRTH TX 76102-0300 8.NAME AND ADDRESS OF CONTRACTOR (No.,Street,County,State and Zip Code) X 9A AMENDMENT OF SOLICITATION NO. VV9126G-17-T-0063 x 9B.DATED(SEE ITEM 11) 22-Feb-2017 10A.MOD.OF CONTRACT/ORDER NO. 10B.DATED (SEE ITEM 13) CODE FACILITY CODE 11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS riThe above numbered solicitation is amended as set firth in Item 14.The hour and date specified for receipt ofOffer [1 is extended, [J is not extended. Offer must acknowledge receipt ofthis amendment prior to the hour and date specified in the solicitation or as amended by one ofthe following methods: (a)By completing Items 8 and 15,and returning 1 copies ofthe amendment;(b)By acknowledging receipt ofthis amendment on each copy ofthe offer submitted; or(c)By separate letter or telegram which includes a reference to the solicitation and amendment numbers.FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.Ifby virtue ofthis amendment you desire to change an offer already submitted,such change may be made by telegramor letter, provided each telegramor letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified. 12.ACCOUNTING AND APPROPRIATION DATA(If required) 13.THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14. A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.IN ITEM 10A. B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(B). C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D.OTHER(Specify type of modification and authority) E.IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office. 14.DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,including solicitation/contract subject matter where feasible.) The purpose of this amendment is to adjust the propsal due date from 22 March 2017 to 07 April 2017. Except as provided herein,all terms and conditions ofthe document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in kill force and effect. 15A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print) TEL: EMAIL: 15B.CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED BY 21-Mar-2017 (Signature of person authorized to sign) (Signature of Contracting Officer) EXCEPTION TO SF 30 30-105-04 STANDARD FORM 30(Rev. 10-83) APPROVED BY OIRM 11-84 Prescribed by GSA FAR(48 CFR)53.243 W9126G-17-T-0063 0001 Page 2 of 2 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION SF 1449-CONTINUATION SHEET SOLICITATION/CONTRACT FORM The required response date/time has changed from 22-Mar-2017 12:00 PM to 07-Apr-2017 12:00 PM. (End of Summary of Changes) �� Wylie City Council � Y k AGENDA REPORT 'a �y(P 4+rv9M ka{ pr,9 kI.P�MYYk fl'tlkMA Meeting Date: March 28, 2016 Item Number: K Department: Purchasing (City Secretary's Use Only) 100-5511-52610 - $88,500.00 Prepared By: G. Hayes Account Code: 100- 5511-54630 - $7,350.00 Date Prepared: 3/22/16 Budgeted Amount: $0 ; Hail Storm Repair Exhibits: Subject Consider and act upon the approval of the purchase of bleachers and installation from Hunter Knepsheild in the estimated amount of$95,850.00 through a purchasing contract with Buy Board Cooperative Purchasing (#512-16), and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the approval of the purchase of bleachers and installation from Hunter Knepsheild in the estimated amount of$95,850.00 through a purchasing contract with Buy Board Cooperative Purchasing (#512-16), and authorizing the City Manager to execute any necessary documents. Discussion Due to damages sustained in the April 2016 hail storm, various sections of bleachers at Community Park were damaged and in need of repair or replacement. Texas Municipal League (TML) insurance adjusters reviewed all damaged items in the park and identified eight (8) sections of bleachers that were in need of repairs ($7,350.00) and thirteen (13) bleachers that need to be replaced($88,500.00,which will be 2014 IBC/ADA compliant). Note that even though the bleachers did sustain damage they are still usable and not a hazard to continue to use until they are repaired or replaced. Most of the damage is cosmetic and the structural integrity of the bleachers is intact. In March of 2017 staff contacted representatives with Hunter-Knepsheild to get updated quotes. The updated quotes reflect the newest prices which includes freight, installation and cooperative pricing discounts. The updated quotes also show that the new prices match the original amount quoted and then paid by TML to the City for the damage. Staff recommends repair and replacement of the damaged bleachers at the cost provided by TML. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Buy Board#512-16 (annual contract with renewals) City of Wylie Agreement W2017-61-I. (Rev 01/2014) Page 1 of 1 Wylie City Council AGENDA REPORT 'a yP 4+rv9Mka{ pr, �kI.P�MYYk fl'tlkMA Meeting Date: March 28, 2017 Item Number: L Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 100-5411-54210 Date Prepared: 3/23/17 Budgeted Amount: $900,000.00 Exhibits: Subject Consider and act upon the approval of the purchase of Pavement Resurfacing Services from Reynolds Asphalt and Construction Company in the estimated annual amount of $900,000.00 through an existing City of Grand Prairie, Texas, contract and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of Pavement Resurfacing Services from Reynolds Asphalt and Construction Company in the estimated annual amount of $900,000.00 through an existing City of Grand Prairie, Texas, contract and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of pavement resurfacing services from Reynolds Asphalt and Construction Company through the use of an interlocal purchasing agreement with the City of Grand Prairie thereby establishing a City of Wylie annual contract with renewals (W2017-14-I Asphalt Paving Services). The City of Grand Prairie Bid No. 16112 was awarded by the City Council on August 16, 2016, for an initial term of one year (8/17/2016 — 8/16/2017) with four (4) additional annual renewals in the estimated amount of$3.5million. This contract provides turn-key services for hot mix asphalt paving, milling, hauling, recycling and various other paving services. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. City of Grand Prairie Bid#16112 (annual contract with renewals) City of Wylie Agreement W2017-13-I. (Rev 01/2014) Page 1 of 1 w �� Wylie City Council pp AGENDA REPORT 'a yP 4+rv9Mka{ pr, AkIP fiE fl'tlkMA Meeting Date: March 28, 2017 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 14, 2017 Budgeted Amount: Exhibits: 4 Subject Conduct a Public Hearing for the annexation of approximately 2 acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1100, Collin County, Texas, and Abstract No. 1384, Dallas County, Texas, generally located southeast of the intersection of South Ballard and Pleasant Valley Road. A2017-02 Recommendation Conduct Public Hearing only. No action is necessary. Discussion This annexation is at the request of the property owner, Sharon & Harry J. Ellis and the representative Wylie DPV, LTD. The subject tract is contiguous to current property under the ownership of Wylie DPV, LTD and bordered on the west by properties within corporate city limits of Wylie and on the east by properties lying within unincorporated Collin and Dallas Counties. The applicant desires to bring the subject tract into the city and develop it in accordance with Planned Development 2016-27 District. Exhibits attached: Exhibit "A" Legal Description; Exhibit "B" Survey Exhibit; Exhibit "C" Service Plan Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 15, 2017 and March 29, 2017 First Public Hearing March 28, 2017 Second Public Hearing April 11, 2017 Adoption of Ordinance April 25, 2017 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. (Rev 01/2014) Page 1 of 1 EXHIBIT"A" LEGAL DESCRIPTION BEING a tract of land located in Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1.384 in Dallas County, and being a part of a called 5.00 acre tract of land described in a correction warranty deed to Harry J. Ellis and Sharon Ellis, Husband and wife as recorded in Document No. 20131226001675730, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at the north corner of said 5.00 acre tract of land, said point being in the center of Pleasant Valley Road, said point being the east corner of a called 139.871. acre tract of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document No. 201.31029001473050, Official Public Records of Collin County, Texas, a one-half inch iron rod bears South 44 degrees 35 minutes 16 seconds West, 25.05 feet for witness; THENCE South 44 degrees 35 minutes 16 seconds West, 479.12 feet along the northwest line of said 5.00 acre tract of land and along the southeast line of said 139..871 acre tract of land to a one-half inch iron rod set for corner at the .POINT OF BEGINNING of this tract of land; THENCE South 32 degrees 29 minutes 1.9 seconds East, 253.67 feet to a one-half inch iron rod set for corner in the southeast line of said 5.00 acre tract of land; THENCE South 44 degrees 35 minutes 11 seconds West, 281..60 feet along the southeast line of said 5.00 acre tract of land to a one-half inch iron rod found at the south, corner of said 5.00 acre tract of land, said point being in the northeast line of a called 62.744 acre tract of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document No. 20131029001473040, Official Public Records of Collin County, Texas; THENCE North 72 degrees 50 minutes 34 seconds West, 278.57 feet to a three-eighths inch iron rod found at the west corner of said 5.00 acre tract of land and at the north corner of said 62..744 acre tract of land; THENCE North 44 degrees 35 minutes 16 seconds East, 466.66 feet along the northwest line of said 5.00 acre tract of land and along the southeast line of said 1.39.871 acre tract of land to the POINT OF BEGINNING and containing 92,502 square feet or 2.1.24 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates,NAD83). raiii ..... ..... , ..... -,-,1 I [ \i 1 I I Subject I 1 1 Property i /: i .e' a.F i/ i/ %. • i • �l i / • It 0T/aV r %P�s / air / • , / all 14,t#,,c `4 ' / v / ill o Pass j Oilia' m i' o J / IIIIIIIIIIIIIIIIIIIIIIIIII '^ruh nnnp„I'll, e i��,.,.„.."plllllllllllllllllllllllllllllllllllllllll '.. IIIIIIIII ;ei.,..'...Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll.i» lllii�, .pllllllllllllllllllul a pllllllllllllllllll i» ,.,, ,.iw* r�ii.,..m .. c % S / , 101. * 11 Dohlin�Oo '\ \ \\ /T\ Drib \ % \/' \ n / \ / Pis !. i \ i / /?,V / 7/ // LOCATION MAP ANNEXATION CASE #2017-02 ma arr,re oe.a,/Fr raw a>4 f f f> f,a,,.N,.,..1.,.AlN MN, . 3 k 1 hi %,$. 1 %!,1 Iv 11.$ 4 1 4% 4 11 4 11: 4! II i t, 1!4!) !Is/ 1Z1 I 1'44 14 1Z 4/ Ri! ots 11/1 411 ik 11 II 1 al f alw t 1:if fief 151 ; /.1 0- f ilitr !:11; ill ii :41;li .1. 11; il 'III; if" i" J1 Jtit; 1i 1.-! e4 A - ,, iiiit Hill I b Ii 1: 1 .11 ile, iti 18 1-111 1- 11* IA Rffb 4 14111 ;:ti 1 t 1. 1 :1 It 1 t t rt: ti .!;:t A! 4111 ga :. 5 ti 144. .1111 III 111 1111/ 1, Pi 1.,„ .. t II / , „ I, n 4; 4 4ifis sl 4/I Eci ag C 4 1111! !Ill' 10 I: 1;111 11! 1;1 ;I F- o. ft.. I iflii 1''''11 PI ii 11 .1 4 iir'l iiili i i' illi ill ill ill d 1 I i I W tig;,1 hjilt; Ofib; 1 (mow)HICIN 318Vggii0 . g (NOV Argot Igggggild g 1 t / UM g ,i / )/ / , / `.,.. t!; , / \' 1 54 .... if, „..,,° / i // t° 44Y°' t io lif f ,a , , 654 6 v, --)-- '5;',' *A" 3P. I i l ' ,, IV tl i 1 ,1. / .0 41 e t il k gg, , ,,/ i ,, 3 5' ''‘ , 8 4qa I 1 1 44' 4fri /" , 6., r43 449-": 1 ,, Ng ,f4v/ ,4-7 . tp, 4 ,,,,,,f, '44/0, tig 14 A ''-1 ,I 4 ..,,,..,...._ _ 1 Ji 11 10 vl , .i i , ..,, 374, ,, „0,,fr , Itti 0 4 ggt - 1 ;" g./ gtIT 1 51 t — 0 iiii g ?g / g , ; f , 4,, A lb // '4'1 ' feM6 I i ' 1 ›.R Is A / r ..r I 11 111 4 ff > ,-+ a +.1 11 , 1 , IP. 1 r ,r , r 141,a, 11 11 1 /8 1 tz gA.:" 1111.11 I ," g;g we , , ,.' , ;0 A 0 ilkdii AA AA. a s' 55 vl I I tF, ) )1 o t ki0 p 1 ,O. 0.° 1 ',P PI R f P : P Iff I Ri —- EXHIBIT "C" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA DOMINION OF PLEASANT VALLEY TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: April 25, 2017 ACREAGE ANNEXED: 2.124 acres SURVEY, ABSTRACT & COUNTY: Guadalupe De Los Santos Survey, Abstract No. 1100, Collin County, and Abstract No. 1384, Dallas County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of EXHIBIT "C" topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT "C" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. EXHIBIT "C" 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. EXHIBIT "C" J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. Wylie City Council AGENDA REPORT 'a yP 4+rv9Mka{ pr, �kI.P�MYYk fl'tlkMA Meeting Date: March 28, 2017 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 21, 2017 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, a Replat for Kellers 2nd Addition Lots 10R, Block 10; Being a Replat of Lot l0B and Lot 9B, Block 10 of Kellers 2nd Addition, located at 307 W. Oak Street creating one residential lot. Recommendation Motion to approve a Replat for Kellers 2nd Addition Lots 10R, Block 10; Being a Replat of Lot l0B and Lot 9B, Block 10 of Kellers 2nd Addition, located at 307 W. Oak Street creating one residential lot. Discussion Owner: Janie Martinez Applicant: Roome Land Surveying, Inc. The applicant is requesting a residential Replat to establish one residential lot of 0.172 aces (7,500 sf). The lots are zoned DTH (Downtown Historic District). The purpose of the Replat is to create a buildable lot that will allow the current owner to have her house rebuilt by Habitat for Humanity. The properties in the Kellers 2nd subdivision were platted and developed in the 1950s. The downtown historic district does not have a minimum lot size requirement however all new residential developments are to conform with the front, side and rear yard setbacks of existing residential buildings on the block face. Lot 10R, Block 10 as shown on this plat will allow for a new house to be in compliance with this requirement. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. A Site Plan &Elevations are on the current agenda. P&Z Commission Discussion The Commission recommends approval 7-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of 1 I I I Lot T,elk 8 Its[.R P2 241.Pee Lot 4.elk 5w CMS.OrOGAMYI AND AM NON W.F. DIRdttpt Mainlr MP NIX u Ip zdt GC. STATE OF TEXAS comer OF CON 9 STATE OF Irma 9 w COUNTY OF COON 99 Colin WHEREAS JVNe Nshxre Ihe meter of two padnl lots eluded in the We of ism.County of NNW AU_NEN 0r 11ESE PRESENT I ...Ming ppwt of the Samuel Shelby SumY.AAbaot No.020.bang the.eebxy potion of 1289 9 a the City .y and 2. 0)of NNlss ad ad F E.Made.J..do hereby certify that I prepared hie amendi plat horn an actual zzII cliche portion of Loa I Hof. III I comm.Ganes teem.me ra of Uri dal NT.ar recorded an she fond and that U.comer monument:mad draw them . . and/w t,IX placed Wume O5,Page m.Marne I,Page I a the Deed Recarde al Co.CaunH,ieea and bdnq under my euaedakn In accordance with Me dnn9cabla coda oho ardnmm of Uie Gly al M. mneubxy daawbrd a¢fmkom: more 6 P wpp d w pad a dot of ad(s' f PE N mods s u' Lot d elk 8 t Lot 5 Bak 5 �t 0(�N bth�trio t comer 6 w d Lot 9(a hot 2)y 4 Net Mnwet<vner.of 0_L5.Na eW i xA p rung Ne eau ea¢ aWm did Ake. W.Pnd A.. said addban E 921weaf9l`" Mt ad 4 NI,COW Pol.JS Po.241.LCN.m THEME.the mat right-of-myline of COUetbA R.and Me oast Ifni of Loa 9 and 10 (aka Lots 2 and I).Oro N.(dkmtianal bearing),I20.00 f..1 to a laud moped 1/2 inch iron pad WPgaDl4921i "+yN found ^9 Me intersect.N0m(the coal right-of-waye ata),and moues xna.east comer 20 lA I0(aka STAY Or TEXAS 9 I lt.d ma Me scud Lot i1);m err .of ace Street s N0 per COUNTY OF CgLN I and DEFINE NE686 u2e 9,d2 22ho4la,an U1 dos pwwn°lla°ppmrt2 I.L BkxaS r ..,kw.n J (aka Lot IL a.Eat 02.50 fad R a H line ea.OapeE Sn inch iron rody found motin9 IM not Lot 10 me Oat IM ea.was madded for a wepe.pad mmi roGon.rein aear.M«km.Ndaa a ate v or ram so or w or Omer of the harem des..pram. a f mQ so and 2)rpn So..he I20.00t fact a a Poa�me"ises ond cap.I/2 n06 net.fa.eagh.Lot 10 and m.g 9(oho hots I GIVEN UNSEN NY HANO m0 5EM OF OFFICE,the the--,day of : Lama of eta prsnisec said bon being 9 the swNmd e—_--- Lot a(aka Lot O): 9 In the south one of Lot 9(aka Lot 2).and Me neM Me of I 1 I Oak Street :mn�E w_a Me ON e. 11212E eU the sw21 tined III 9(ak)Lat 2).°red'..1")') h wren tine of Ldl 0(aka Lot 2).Ice a°r sat.ar ie 21 C a'halt ice eloi. Nee4 62.50 fact a Uw 896 of be9lac,ne..wnamm FSW moan Mt m 0.112 acres of land. I la 4 p Printed Nam I 22 20 0wN�OFR FIuE STATE OF TOM 4 0 'RwmnwMd a.bpowl• o OF W. °e„ �"—• water°"1 li NON NMEREml MON NAL PEN rev r1ESE PROEM'. That Jr Matta"Me amass Mee hereby adapt Uie plat designated Asdn dhow des.. C q a do PN indni red 2aniry Cammbdm Odle w#29 Ave6.0t2 l2 East 62 50' On.,.Wd.a. property os snot Plat of Led W$EN.O It of ad AM..an addila0esw a Nhe City d Nate. epic, '� _(y Texas. n des xer y dad..in fee amps, c use wxa. Weed rights-of-way.and ate` oder public improvements shown thereon.The¢bats ore aleysp f any.are Mace.b Meet S. 1' 6 P Putnam. a mane.and public use arxf we dedicated. the plAlx use rarewr.far Me •pgroved for CwsWc4w" allind.ted an de plat No lad,races been.a..w other improvement*w growth¢ be cansbucted w placed upon,ova w across Ure ease..a shown,esma Not landscaa 'E d O a , ¢/ _ g ove; ire nts my be placed'n aMGaepe sm... ap pad by the Ott,Conch of Um City of r,1 Po�Fom^ Rfe.In addition,u96 xwmml1 may also be used for mutual use and acwmmod io2I d all plAlic ----- iaw---- OW 4 24 es d.drk9 a nee or udw the Game on. a errant limits 's me to mr0¢ular UUTA,wfd ka r.rat et Np—ie. Loth,Block P.I. 8 ' i 1'g N"1 0:3 Sxel Val 3 9 41 C., um by public UNi.being wboNbate to N.wbri¢and City d MO.me thereof. Ga Y WI.Af$Nl d a c env/ gad as Me Cityof Noe and public ubli0es enUhes Add how the right a newve and keep mnoved all or •Awepbd' NJ I.04 III.BOW ar any larding,fences,how,Arohe w ads imprownwb or dice.en.may in my my a enda r or interfere with Uri mnebuatian.maintenance.or Mlkbney of der mpecUve eyslems in aid CI _ y ...anent. a GI'of reads and public W1Ay edi.shell at IX 4ma hare the full right of ingress and erns to or from their m.ease..for a purpose m GansbuaHg.remmWclb9.impaling. O o c. Y', TPs:Zal Cate - i Parceling,maidenlrg,reaaanq meta,and adding a w remwkg all or parts of their respect*.sm.. No OI df V - -- i er I 3� ',IT e.o, $ g wMoul Me nmexRY at any time procunne pwmix'w Wm anyone. pr, y plla.eves--- pRe S id e a 6 JAZ = Lot 10R,Block 10 10 H 3 100 861p prows eublml to all platting arafnencea.rues.regulations and resolutions of the G1,or the und.m9n.a, smwtaryry d m.aq mr npliN cam.heron Gerllrgi oat Um n9dw Fined hot of L g.tartO�IreNea LkO1iaW a the t;a q e eta aubmNW a the GIY ! 7,500 SF/0.172 Aa oU ! Council w m.—my ar____,xn.and de Council by formal°.uan.raw and.re — — — — — — — — — — 0, ,L , 8 ; FITNESS,my M.INa Ure_—My of---_.2011. accepted n shown E e ded'ioatlan of streets.alllry a easement.pt.places ant] aM sewer I'e set forth upon and said Council Me le 0 c).. I N,era I Jonre NaNnez,Ower acceptance IMreof br"darling Ms name as hvewboue epbepr5eder authorizedyet note Na_my hand N,.__day of (61500111 MGR.. mateyOF COW. 9 lily mTOOan ie 7I,3TE 2 RIX eh F woe. ; OEFNE NE.an un Mwamed a 8,0 an reeforegoing naliDa Jane Yabin. _ West 6250',�,i;nk Inc,spores Cptli be Me was name B Ohre Lad la tlx Iweoel q Wrexpr L� elm wWged to ma Mot Me n.ae � H I her the pwpmes and wnddeahon Mann s>>o ceairer(ck) °°"'°m'ere POINT OF woos r^c. OVEN UNDO,NY HMO w0 SEAL CO OFFICE.Ula AT.___.ploy of--__--_.2017. BEGINNINIG�w --- -- --- la 00el"R 7 205 Pudw in One tar i o the See of iews .J 1 [ w Footed name ! aCca 20 of° 010oa 2,CC/P 1 1 Final Plat of siloCMIll Lot10R, Block 10 Kellers 2nd Addition _OILSEED being a Replat of Parts of Lots 9&10, Block 10 The purpose of this Frill Plat is to combine a - .N°Im_I)Na appurtenance 2) bete.."ore yawing in r°"2 e'may he place Kellers 2nd Addition portion at Lots 9 k 10,Black 10 into a single n daiplNY mawnetla 2)Ninimprn dmwmY amdnq on Glanbell M1 OS' J. one.do 9 aria nA is JO I rho ro re prapsed...x must be° r ❑ buildable out d e visibilityNairn.of,o W.me awe Cotton..t 2 ea-do-dd N eebeng recorded in Vol.35,Pg.241, C.C.M.R. B 4 m film eMau.. er ere..a.".a va. be rea;.2-way1 mud '3C� ! /®g:1 „ ,5. pct. th 9 er 7,500 Square Feet or 0.172 Acres Ir �� ^. awn and state and m.4 a razrad Samuel Shelby Surrey,Abstract No.820 /© . �'... SITE N m aNNx and la ne p.m,a NO kR lad..I4GNl ;eaa monument. sk signature" �, i City of�Pfli�Collin County Teams R �� d ot Lot J. February 8,2017 �r, takers 2N kMbdn a recorded under County Clerk Na 8 m1 a fro �7 pp .�1-'C au ""e•� 2alwalzaao2.wero of Nm O.lawn of Collin County.rem..)m awe;.-.er�1N/aglr 9i§e owner r U.:Wpcl pmpnr le: uA a SpacM rood xamN Mo ✓42/Mlrol/421e29n.Wy ICE tltl Y wN.6..dMma.n,.a I.e br IWRood Insurance Poa mood ps Na No.wcO5Wa2I J of Ne rENR. µy' 0.c'I' 'e"@ I' y= er domed June 2 20oa�zw°n N Thi for Gatlin s wnH ame an mo na tmM lam No yew d s COsm61&many Ma rot } ) Y w'performed'"""° °io� some Land Sun e in lnc j Mg a IDI0 e d rml Aneriwn rue Guaranty Company rue canes bnwt s JaneN Nadir. F,> a amk.sk.aeasor >a r00dOM Steam N )mere were smenIFTT ro ��d VICINITY MAP d4aWon 9tt M¢Yiadau Park \ g / �Qi.i xn.dpl�.a of u�n.mmtmwn�(1l m,mnn9 for thin vpre.fetes 9'S"9 E.'"I I I f N.T.S. \wperH is SF II/za snge Fanny Iaaoq w ft Wm � Wylie City Council 1. k � AGENDA REPORT 'a yP 4+rv9Mka{ pr,� �kI.P�MYYk fl'tlkMA Meeting Date: March 28, 2017 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 19, 2017 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval regarding the construction of a new single family residential structure located within the Keller's 2nd Addition, Block 10, Lots 9b & lOb (307 W. Oak Street). Recommendation Motion to approve the construction of a new single family residential structure located within the Keller's 2nd Addition, Block 10, Lots 9b & lOb (307 W. Oak Street). Discussion OWNER: Janie Martinez APPLICANT: Habitat for Humanity of South Collin County The Owner/Applicant is proposing to construct a new residential dwelling on two lots that will require replatting to a single lot. In accordance with Ordinance No. 2013-17, any development proposing new construction or substantial renovation requires special oversight by the Commission to ensure preservation of the historic and architectural character of the area. The scope of work consist of demolition of the existing structure. The applicant states that the current home is in an advanced state of disrepair/deterioration and not considered safe for many reasons including the physical structure, plumbing issues, and electrical wiring. Per records from Collin County Appraisal District, the home is 960 sq. ft. and was built in 1931. The applicant further states that the home was built on the ground with no solid foundation and the cost to restore or repair the existing structure is $95,000. The proposal is a 2,106 sq. ft. single story dwelling with 4" hardy siding and 8" siding to architectural detailing for skirting, composite shingle roof, and a wraparound porch with a minimum depth of 5'. Columns and railings are to be constructed around the edge of the porch. Square scalloped siding will be utilized for architectural detailing on the upper facade of the gable roof. A 6' wide sidewalk is required for all new residential construction. Choice of color will adhere to an historic color palette. HRC DISCUSSION: The Commission desired to see a variation in the gable roof design and contrast of colors for the corbels. The attached plans conform. The Commission voted 7-0 to recommend approval to the City Council. (Rev 01/2014) Page 1 of 1 FRAME DOOR TYPE DOOR SCHEDULE \ NOTES: TYPE South Collin County 1. PROVIDE WEATHERSTRIPPING&THRESHOLD 1 2 1 2 3 Habitat AT ALL EXTERIOR DOORS. for Humanity® t ' t I t 0 4 ,VARIES o MIME 0 rill MEM 0 0 0 0 o 1/, D ii,t 0 Q 0 w 0 N I /�Y (6 MARK DOOR SIZE THK STYLE 1 2 1 2 3 DESCRIPTION •— co x E • 1 3'-0"X 7'-0" 1 3/4" A • • SINGLE HINGED-EXTERIOR-ENTRY (1)~ (1 2 8'-0"X 6-8" 1 3/4" B • • SLIDING GLASS-EXTERIOR-PATIO DOOR ( N. 3 3'-0"X 6-8" 1 3/8" C • • SINGLE HINGED-INTERIOR-BEDROOMS,BATHROOMS,CLOSETS O m 4 2'-6"X 6-8" 1 1/2" C • • SINGLE HINGED-INTERIOR-COAT _v 5 2'-0"X 6-8" 1 1/2" C • • SINGLE HINGED-INTERIOR-PANTRY,LINEN CIO 6 PR 2'-0"X 6-8" 1 1/2" D • • DOUBLE HINGED-INTERIOR-CLOSET C 7 7-0"X 7-0" 1 3/4" E • • GARAGE DOOR (/) WINDOW SCHEDULE LOT 10B,BLOCK 6 OF NOTES: KELLERS 2ND 1. ALL WINDOWS TO HAVE A SHGC OF 0.35 OR bo ADDITION BETTER I " t1 , cv 0 0 o O ISSUE DATE 01/17/2017 MARK WINDOW SIZE FRAME MATERIAL DESCRIPTION A 3'-0"X 5'-0" VINYL SINGLE HUNG-INSULATED B 2'-6"X 5'-0" VINYL SINGLE HUNG-INSULATED 16604 C 2'-0"X 5'-0" VINYL SINGLE HUNG-INSULATED A001 D PR 3'-0"X 5'-0" VINYL DOUBLE HUNG-INSULATED SCHEDULES • South Collin County Habitat for Humanity° (1j 0 Q.) o -F o (n Cottonbelt Road ti CONCRETE FUAWORK O 5) 0 OH OHOH oq Oh OH CH OH OH OH 1 H OH North 920.00' ° .• ° CO� x � � v a o SIDE SETBACK I- is \ —1 \ nl ^^ll WI oO IE nl om to = N ��Tr) ='' \2106SQ.FT. Lll o Cj V) LOT 10B,BLOCK 6 N Q OF i KELLERS 2ND s ADDITION L SIDE SETBACK L .i O 90 i• ' South 120.00' DA o D ch link fnc. o D ISSUE DATE m/17/2017 16604 �" 01 SITE PLAN A100 '' �� SCALE:1/16 =r-o^ SITE PLAN \\000„ AREAS NET AREA(A/q= 12565F. South Collin County GARAGE/STORAGE= 466 S.F. Habitat PORCH(FRONT)= 248S.F. for Humanity® PATIO(SIDE)= 137 S.F. GROSS AREA= 2107 S.F. (1) D 40'4 30'4 i 31/2" 0 31/2 2-0' 1�0! 41 31/2 / 41/4^ 1�0�� 1 0�� 41/4�� 41/4 i 4" / 7'0" 2-0" 7'-0" 3'-101/2" 8'-4" 9'-10' /, 6'_4 /� 6'_4" 2/,,r 6'_4" 2/2 6'_4" \,, - U, Y (6 U o M (6 X m O CU .\ O O O —� /0 6-0 9'-01/2" y 5'01/2" \ 0 t 2_9 , q MASTER / E L.L MASTER / ,� W BEDROOM . BATH c� a �J m 2-CAR ~ ......� 0 O x cog W ,,, /r9D o \ N 11�"X 13-7' B CIO p GARAGE O 20'0 X17101/2' z 0 x109 O , N 0 CLOSET g o 9 �c F Q s„-LL1 O 04 N c e 31/2 ' 3� 3$ 6'J1/ 6'O 25�1/ 42' X \271/29'01/2" Ok ac m ' qo1 g'3 2" 11'81/2" m LOT 10B,BLOCK 6 O� OF O � CLOSET O a---, O CLOSET 1 C ////, ,, \ KELLERS 2ND STORAGE \ ©/ -- ... \ ©/ I® �!; 14�_5��X 6�_31/2" , ?®: �— c ADDITION VyH --- PATIO , m .k — BEDROOM 2 '_i BEDROOM 3 -- OD— 1o'z'�x 9's BATH l0'_2"X 9'-5^ q� '� LIVING ' O 0 ' i1. 11'81/T'x129 31/2" 6 4 4'-31/2" 3'6" 7'�' / 11'-5' 8'J 1/2" Q'-3 ° ISSUE DATE 6'-111/2" 3'_ 31/2 �� 8 71/2 36-7 , 01/17/2017 v \31/2 70 8 16604 FLOOR PLAN A201 01 SCALE:1/8'=1'-0' FLOOR PLAN tiro South Collin County Habitat for Humanity® a) N D D.S. 0 D.S. PLATE HEIGHT:8'-11/8. D.S. .i I 8:12 8:12 Y OS c6 X l''. 1 y s.-01/r, n i„," LL ^ WI' 2 1k 8:12 C • L T LOT 9B&10B, 1111 8:12 BLOCK 6 OF 8" KELLERS 2ND D.S. D. I ADDITION HEEL HEIGHT:11.-2" 1 L_I / D.S. / ,\ LLL PLATE HEIGHT:8'-11/8. D.S. D.S. D.S. ISSUE DATE o2/m/2ov 16604 ROOF PLAN A203 01 SCALE:1/8"=1'-0" ROOF PLAN • MATERIALS tie 0. LAP SIDING(4) South Collin County 0 LAP SIDING,B Habitat IIII for Humanity 3 COMPOSITION SHINGLE ROOF a�iii�� i4� O WOOD SHINGLES ink 2X6 FASCIA TRIM ^' ®w W \I. 2 6 FASCIA TRIM I T.o.Pu TE A® eare ��\ PTO.PLATE y>__ . ,,, =8'-11/8' —�� _ _� -8 11/a" F Y n3 ▪ cu X 1u•1 _ 1 II111I1I•I1I1I1I1I1II 1JIII1I1I1I1Ikl�l TO-S.�j�- _ I �1•• —1' _—� - T.O.;WB ^^ll (Yl 09 A503 `- 03 A501 W VP 01 NORTH ELEVATION CIO SCALE:1/8"=1'-0" ▪/�� V) LOT 9B&10B, sO O DOO 00 BLOCK 6 OF z KELLERS 2ND O ADDITION 01 A502 EL -�-T.0HEll 2 AFF 2X6 FASCIA TRIM 26 FASCIA TRIM 2X6 FASCIA TRIM 812 812 Bit ISSUE DATE TO.PLATE \ - T.O.PLATE - '11/8 - - - - - 1 i- _ � _ _ _ _• _ ]'-0"AFE. -8'-11/ - T4, HEAD HT. 02/07/2017 m n m T.O.SLAB • r T.O.SLAB - EAST ELEVATION A401 02 SCALE:1/8"=1'-0" EXTERIOR ELEVATIONS MATERIALS O LAP SIDING(a") South Collin County O LAP SIDING(8n) Habitat IIII for Humanity 3 COMPOSITION SHINGLE ROOF a 1,,uiii�� i4 O. WOOD SHINGLES 1 W D O 2X6 FASCIA TRIM 2X6 FASCIA TRIM T TO.PIATE .O_PLATE y /'Y co .— cu X T.O.SLAB T TO SLAB \LP N. . ^' M W 03 SOUTH ELEVATIONCIO SCALE:1/8"=1-0" /C� V) LOT 9B&10B, Oi 01 BLOCK 6 OF O A501 Oi KELLERS 2ND \O ADDITION 2X6 FASCIA TRIM 2X6 FASC IA TRIM T.O.PL&TE 8 12 8 12 $12 T.O PL4TE 8'_ll/8" ISSUE DATE • N u 02/07/2017 Z. TO.SLAB 1 1— I T.O.SLAB °°,� q SLAB — - - 16604 • —'\Dl/A502 TYP nn WEST ELEVATION A402 04 KALE:1/8'=1'-0' EXTERIOR ELEVATIONS COMPOSITION SHINGLES � \tie OVER 150 FELT ON 1/2"OSB 2"GALV.MTL DRIP EDGE 2X6 FASCIA South Collin County Habitat for Humanity® PORCH COLUMN PLAN PORCH COLUMN PLAN III ' 06 04 SEALANT SCALE:1"=1'-0" SCALE:1"=1'-0.' I 1X4TRIM LAP SIDING -0" I a) 10 , N 51i2" 02 ROOF RAKE DETAIL AT SIDING 0 - SCALE:1"=1.-0" 7/16 COM POSITION SHINGLES OVER 1S# 2X12 TREATED WOOD TRIM FELT ON 1/2"OSB DECKING(25 YEAR PRIMED AND PAINTED MIN.WARRANTY) FOAMED-IN-PLACE INSULATION - Y X 2X2TREATPRIMEDANEDD WOODED ON DDTRIM SUSPENDED FROM DECK W/BAFFLES ▪ O N l SOFFIT BOARD I[- 2"GALV.MTL DRIP EDGE 1X8 CEMENTITIOUS TRIM ---...... 2X6 FASCIA I CJ M CU rat-) SEALANT V▪ / 1x6 TRIM 1, LOT 10B,BLOCK 6 1/p,' g,' 1�,� SEALANT 2 LAP SIDING OF RIGID INSULATION ON)R-2 MIN)TAPE KELLE RS 2ND SEAMS FORM'BARRIER ADDITION 1X8 CEMENTITIOUS TRIM GYP BD. 4X4 WOOD POST 31/2"WOOD STU DS AT 24"O.C. �'I� SEALANT 2X6 TREATED WOOD TRIM TREATED 2X4SILL SET ON CAPILLARY I /16"OSB SHEATHING BREAK ANCHOR BOLTS REF.STRUCTURAL i_' FOAMED IN PLACE INSULATION DO NOT SEAL OR CAULK - �` �� ISSUE DATE BOTTOM OF TRIM TO SIDING STARTER STRIP CONCRETE.INSTALL ° LINE OF GRADE ALUMINUM SHIMS TO " 01/17/2017 / PREVENT WOOD TRIM FROM WO 'trO,OV COMING INTO CONTACT WITH R - -� 6"USP STEEL POST - ' CONCRETE SLAB �C.1 - 16604 PORCH COLUMN SECTION p ENLARGED COLUMN ELEVATION WALL SECTION A501 OS 03 01 SCALE:1"=1'-0.' SCALE:1"=1'-0.' SCALE:1"=1.-0" SECTIONS& DETAILS South Collin County LAP SIDING for Humanity®Habit LAP SIDING RIGID INSULATION RIGID INSULATION OSB SHEATHING OSB SHEATHING INTERIOR GYP.BD. 6"FLASHING TAPE ON PAINT GRIP 6"FLASHING TAPE ON PAINT GALV.'Z'FLASHING.EXTEND GRIP GALV.T.EXTEND WIDTH WIDTH OF TRIM Ills OF TRIM SEALANT SEALANT WOOD HEADER REF.STRUCTURAL 5/4TRIM 9"FLASHING TAPE WRAPPED 3" ^^ll INTO OPENING 4TRIM W SEALANT ' ) SEALANT V/ DOOR FRAME DOOR WINDOW p EXTERIOR DOOR HEAD WINDOW HEAD DETAIL 0 08 04 SCALE:1-12"=1.-0" SCALE:1-12"=1.-0" I LAP SIDING LAP SIDING ,, --/-1 RIGID INSULATION Y (6 RIGID INUSLATIONEATHIN ^I (p X �/ I� V OSB SHEATHING OSB SHEATHING V `� •E N �1 l 6"FLASHING TAPE OVER O V SEALANT '--------' FLANGE 5/4TRIM �J 1 INT GYP BD. //'�}� > �•_ 9"FLASHING TAPE WRAPPED - SEALANT \V ^ T 3.INTO SEAg BLOCKING I_ i FLASHING TO E JAMB UNDER O f FLANGE 3"INTO JAMB TVP. m 11/2"31/2" 31/2"11/2" 4TRIM A 1 /, 6'-D" DOORFRAME SEALANT �J UNIT DOOR o- WINDOW b.O EXTERIOR DOOR JAMB WINDOW JAMB DETAIL C// I _ ,S 07 SCALE:1-12"=1.-0" 03 SCALE:1-12"=1.-0" • L) WINDOW EXTERIOR DOOR PAINT GRADE WD.STOOL& CASING LOT 10B,BLOCK 6 SET ALUMINUM THRESHOLD SEALANT ON 2 CONTINUOUS BEADS OF M IN.3/8"POLYURETHANE 2X4WD.SILL OF SEALANT. I 5/4TRIM KELLERS 2ND SEALANT BEAD 9"FLASHING TAPE WRAP CONTINUOUS _ UNDER FLANGE OVER SILL3" ADDITION EACH SIDE OF INT GYP.BD o N # 5 X THRESHOLD SEALANT 03/A502 1 OSB SHEATHING /�� ail LAP SIDING I EXTERIOR DOOR SILL WINDOW SILL DETAIL 06 02 SCALE:1-12"=1.-0" SCALE:1-12"=1.-0" 2X HEADER ISSUE DATE m 5 — GYP.BOARD — GYP.BOARD BOTH SIDES 01/17/2017 J = ' '� DOOR CASING DOOR CASING o .. DOORFRAME DOOR FRAME • INTERIOR DOOR INTERIOR DOOR 16604 ENLARGED WINDOW ELEVATION 05 INTERIOR DOOR HEAD 01 INTERIOR DOOR JAMB A502 09 SCALE:1-1/2"=1'-0" SCALE:1-12"=1.-0" SCALE:1/2.=1.-0" DETAILS Wylie City Council AGENDA REPORT ,bay a887^� Meeting Date: March 28, 2017 Item Number: 4 (City Secretary's Use Only) Department: City Manager Prepared By: M. Manson Account Code: Date Prepared: 03-20-2017 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2017-11(R) of the City of Wylie suspending the April 21, 2017, effective date of Oncor Electric Delivery Company's requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with the steering committee of cities served by Oncor to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel for the steering committee Recommendation Motion to approve Resolution No. 2017-11(R) of the City of Wylie suspending the April 21, 2017, effective date of Oncor Electric Delivery Company's requested rate change to permit the city time to study the request and to establish reasonable rates, as provided for in Agenda Item 5. Discussion Purpose: Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about March 17, 2017 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kWh per month would see a bill increase of about $6.68 per month. The resolution suspends the April 21, 2017 effective date of the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. Page 1 of 2 Page 2 of 2 The City of Wylie is a member of a 156-city coalition known as the Steering Committee of Cities Served by Oncor("Steering Committee"). The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s when cities served by the former TXU gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 30 years. Although Oncor has increased rates many times over the past few years, this is the first comprehensive base rate case for the Company since January, 2011. Explanation of"Be It Resolved" Paragraphs: Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate change would otherwise be effective for any legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as "the maximum period allowed by law" rather than ending by a specific date. This is because the Company controls the effective date and can extend the deadline for final city action to increase the time that the City retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not otherwise extended by the Company, the City must take final action on Oncor's request to raise rates by April 21, 2017. Section 2. This provision authorizes the Steering Committee, consistent with the City's resolution approving membership in the Steering Committee, to act on behalf of the City at the local level in settlement discussions, in preparation of a rate ordinance, on appeal of the rate ordinance to the PUC, and on appeal to the Courts. Negotiating clout and efficiency are enhanced by the City cooperating with the Steering Committee in a common review and common purpose. Additionally, rate case expenses are minimized when the Steering Committee hires one set of attorneys and experts who work under the guidance and control of the Executive Committee of the Steering Committee. Section 3. The Company will reimburse the Steering Committee for its reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement. No individual city incurs liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the Resolution was properly noticed. Section 5. This section provides that both Oncor and Steering Committee counsel will be notified of the City's action by sending a copy of the approved and signed resolution to certain designated individuals. RESOLUTION NO. 2017-11(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE SUSPENDING THE APRIL 21, 2017, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY'S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about March 17, 2017, Oncor Electric Delivery Company (Oncor), pursuant to PURA §§ 33.001 and 36.001 filed with the City of Wylie a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective April 21, 2017; and WHEREAS, the City of Wylie is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee") and will cooperate with the 156 similarly situated city members and other city participants in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company prior to getting reasonable rates and direct any necessary litigation; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking proceedings are to be reimbursed by the regulated utility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. That the April 21, 2017 effective date of the rate request submitted by Oncor on or about March 17, 2017, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1669/35/7314189.1 1 Resolution No.2017-11(R) Suspending the April 21,2017,effective date of Oncor Electric Delivery Company's requested rate change to permit the city time to study the request and to establish reasonable rates; 2. As indicated in the City's resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. 3. That the City's reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 28th day of March, 2017. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary 1669/35/7314189.1 2 Resolution No.2017-11(R) Suspending the April 21,2017,effective date of Oncor Electric Delivery Company's requested rate change to permit the city time to study the request and to establish reasonable rates; STEERING COMMITTEE CITIES SERVED BY ONCOR(Total 156) Addison Fate Oak Leaf Allen Flower Mound Oak Point Alvarado Forest Hill Odessa Andrews Fort Worth O'Donnell Anna Frisco Ovilla Archer City Frost Palestine Argyle Gainesville Pantego Arlington Garland Paris Azle Glenn Heights Plano Bedford Grand Prairie Pottsboro Bellmead Granger Prosper Belton Grapevine Ranger Benbrook Haltom City Rhome Beverly Hills Harker Heights Richardson Big Spring Haslet Richland Breckenridge Heath Richland Hills Bridgeport Henrietta River Oaks Brownwood Hewitt Roanoke Buffalo Highland Park Robinson Burkburnett Honey Grove Rockwall Burleson Howe Rosser Caddo Mills Hurst Rowlett Cameron Hutto Sachse Canton Iowa Park Saginaw Carrollton Irving Sansom Park Cedar Hill Jolly Seagoville Celina Josephine Sherman Centerville Justin Snyder Cleburne Kaufman Southlake Coahoma Keller Springtown Colleyville Kennedale Stephenville Collinsville Kerens Sulphur Springs Colorado City Killeen Sunnyvale Comanche Krum Sweetwater Commerce Lake Worth Temple Coppell Lakeside Terrell Copperas Cove Lamesa The Colony Corinth Lancaster Trophy Club Crowley Lewisville Tyler Dallas Lindale University Park Dalworthington Gardens Little Elm Venus DeLeon Little River Academy Waco De Soto Malakoff Watauga Denison Mansfield Waxahachie Duncanville McKinney Westover Hills Early Mesquite White Settlement Eastland Midland Wichita Falls Edgecliff Village Midlothian Willow Park Ennis Murchison Woodway Euless Murphy Wylie Everman New Chapel Hill Fairview North Richland Hills Farmers Branch Northlake 1669/16/5278242 w �� Wylie City Council p. AGENDA REPORT 'a yP 4+rv9Mka{ pr, �kI.P MYYk WOO' Meeting Date: March 28, 2017 Item Number: 5 (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: Date Prepared: 380 Agreement; Agmt Summary; Area Cities with Exhibits: similar agreements Subject Consider, and act upon, a Chapter 380 Agreement with Bloomfield Homes, LP. Recommendation Motion of approve a Chapter 380 Agreement with Bloomfield Homes LP. Discussion Staff was recently contacted by representatives of Bloomfield Homes, LP who proposed a Chapter 380 Agreement as a method for sharing Bloomfield's use tax paid in connection with building materials used by Bloomfield to build new homes in Wylie. A Texas Direct Payment Permit (ie: use tax permit) allows a Texas taxpayer to self-assess and pay use taxes on materials purchased for use or consumption as opposed to paying sales taxes directly to suppliers based on suppliers' place of business (primarily in larger metropolitan cities). Bloomfield has recently applied for and received a Texas Direct Payment Permit and plans to begin paying use taxes each month directly to the Comptroller's Office based on the locations where materials are used at job sites. None of Bloomfield's current suppliers are located in Wylie so no local sales tax is being paid to Wylie at this time. Simply put, the proposed agreement sets the stage for sales taxes to be paid to Wylie on materials used in Wylie homes, rather than to the city where the materials are purchased. As an incentive to the home builder to assume these administrative responsibilities, a portion of the sales tax captured is then returned to the builder. In order to limit administrative costs for the City, Bloomfield is required to pay use taxes monthly, but will request semi-annual grants based on payments received by the City from January — June, then again for the period from July — December during the 10-year term of the Agreement. This approach allows the City to verify receipt of all local use taxes received prior to payment of any grant. New local use taxes will be able to be independently verified by comparing a copy of Bloomfield's individual monthly use tax returns related to the City of Wylie with amounts received from the Comptroller's Office that were paid by Bloomfield Homes, L.P. Bloomfield Homes will pay 100% of the system, accounting, audit defense and other ongoing administrative costs tied to paying use taxes directly to the Comptroller's Office. Since none of the upfront or ongoing tax (Rev 01/2014) Page 1 of 2 Page 2 of 2 compliance costs will be paid by the City, the Grant was requested based on 80% of Wylie's 1% General City Use Tax, and none of the incremental 1% City Use Tax (EDC/Parks & Recreation & Library Tax). Based on these terms, the City will obtain a net amount of 1.2% of the 2% combined City/EDC/Parks & Rec/ Library Tax, and Bloomfield Homes will receive .8% of the combined 2% City tax (roughly 60% for the City and 40% for Bloomfield Homes)while Bloomfield pays 100% of all tax compliance and audit defense costs. The Agreement deal points are: a. Per state law, the City may offer economic incentives through a Chapter 380 Agreement. b. The City shall pay Bloomfield Homes 80% of the City's one percent (1.00%) General Fund use tax generated and paid by the homebuilder during the term of the Agreement. c. Either party may terminate the Agreement if state or federal law renders the Agreement ineffectual or illegal. d. The Agreement may be terminated if Bloomfield Homes suffers an Event of Bankruptcy or insolvency. Estimated Benefits: Based on Bloomfield Homes' 775 undeveloped lots in Wylie, the company anticipates each new home will generate roughly $480 in net City / EDC / Parks, Rec & Library tax revenues (net of Grants) and $320 in net benefits for Bloomfield Homes that will be used to recover the company's costs for use tax compliance. Over the build-out period of the new homes in Wylie, and presuming no inflation in the cost of building materials, Wylie's net City tax revenues after Grants are anticipated to be $62,000 for the General Fund plus $310,000 for the EDC / Parks & Rec and Library (total of $372,000) and $248,000 for Bloomfield Homes. If building material costs increase during the term of the Agreement or if Bloomfield purchases new undeveloped lots in Wylie and builds incremental new homes in the City, the benefits could increase further. Texas Cities - Previously Approved a Chapter 380 Agreement with one or more Homebuilders — as of March 1, 2017 Allen — has approved 1 Agreement Anna — has approved 1 Agreement Cedar Hill — has approved 1 Agreement Celina — has approved 1 Agreement Colleyville — has approved 1 Agreement Fate — has approved 1 Agreement Forney — has approved 1 Agreement Frisco — has approved 5 similar Agreements Fulshear— has approved 1 Agreement Georgetown — has approved 1 Agreement Grand Prairie — has approved 1 Agreement Lavon — has approved 1 Agreement Leander— approved 2 similar Agreements Little Elm — has approved 4 similar Agreements Mansfield — has approved 2 similar Agreements Melissa — has approved 2 similar Agreements Midlothian — has approved 2 similar Agreements Prosper - has approved 3 similar Agreements Rockwall — approved 1 Agreement Sachse — has approved 2 similar Agreements Cities Considering Approval of Similar Chapter 380 Agreements Wylie Bloomfield Homes Chapter 380 Agreement Summary City Name Wylie City Rate 2.00% City Code 2043116 Contact Name Mindy Manson Contact Title City Manager Street Address 300 Country Club Rd. City,State,Zip Code Wylie,TX 75098 Phone Number (972)516-6010 Email Address citvmarewvlietexas.gov Contact Name Linda Bentz Contact Title Director of Finance Contact Phone Number (972)516-6120 Contact Email finance(a)wvlietexas.gov Contact Name Sam Satterwhite Contact Title Dir.of Econ.Development Contact Phone Number 972-442-7901 Contact Email sam(a)wvlieedc.com Est.#of Undeveloped Lots 775 Ave Sales Price-2015 YTD $304,000.00 Direct Materials(15%of home sales) 13.16% Ave Dir Mat Purch/House(today) $40,006.40 Ave Local City Sales Tax/House $800.13 Ave Sales Tax Grant/House $320.05 Ave Sales Tax Rcvd City/House $480.08 Agreement Term/Length 10 years Grant Amount/Percentage of 1%City Sales Tax 80%of 1 for Future Direct Payment Permit Purchases Estimated Benefits for the Agreement-Bloomfield 0.8%Total Bloomfield Est Sav-Thru Buildout Existing Undev.Lots/Current Mat.Prices $248,039.68 Existing Undev.Lots/Mat.Price Incr 5%Annually $316,411.82 Existing Undev.Lots/Mat.Price Incr 8%Annually $371,935.50 Estimated Benefits for the Agreement-City 1.2%Total City Est Sav:-Thru Buildout .2%Gen.City Tax.5%Econ.Dev.Tax.5%Parks,Rec&Library Tax Existing Undev.Lots/Current Mat.Prices $372,059.52 $62,009.92 $155,024.80 $155,024.80 Existing Undev.Lots/Mat.Price Incr 5%Annually $474,617.73 $79,102.95 $197,757.39 $197,757.39 Existing Undev.Lots/Mat.Price Incr 8%Annually; $557,903.25 $92,983.88 $232,459.69 $232,459.69 Note: Based on NO future undeveloped lot purchases/development during 10-year 380 Agreement(le: most conservative) CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND BLOOMFIELD HOMES,L.P. This CHAPTER 380 GRANT AGREEMENT ("Agreement") is made by and between The City of Wylie, Texas ("City", also referred to as "Grantor") and Bloomfield Homes, L.P. (the "Company"), acting by and through their respective authorized officers and representatives. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City and its citizens to encourage programs, including programs for making loans and grants of public money to promote local economic development and stimulate business and commercial activity in the City pursuant to Chapter 380, Texas Local Government Code, as amended("Chapter 380"); and WHEREAS, the Company will be engaged in the business of purchasing building materials for its use on construction projects within the City; and WHEREAS, the Company has advised that it would like to partner with the City, and that a contributing factor that would induce the Company to purchase items using a Texas Direct Payment Permit and generate economic development and local use tax revenue for the City, that would otherwise not be available to the City, would be an agreement by the Grantor to provide an economic development grant to the Company; and WHEREAS, the Company desires to purchase and use new building materials within the City that will generate additional economic development and use tax revenue for the City; and WHEREAS, the City Council has investigated and determined that the Company meets the criteria for providing the grants (hereinafter defined), pursuant to Chapter 380, based on, among other things, the Company: (i) acquiring properties for development, and constructing improvements; (ii) adding taxable improvements to real property in the City; and (iii) creating employment opportunities for the citizens of Wylie ("Approved Project"); and WHEREAS, the City has concluded that the Approved Project qualifies for a Grant under Chapter 380; and WHEREAS, with the approval of this Agreement, the City hereby establishes a program authorized by Chapter 380 of the Texas Local Government Code to encourage and induce the generation of local use tax; and WHEREAS, the Grantor has determined that making an economic development grant to the Company in accordance with this Agreement will further the objectives of the Grantor, will benefit the City and the City's inhabitants and will promote local economic development and stimulate business and commercial activity in the City; CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 1 NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I DEFINITIONS 1.01 For purposes of this Agreement, each of the following terms shall have the meaning set forth herein unless the context clearly indicates otherwise: "City" and "Grantor" shall mean The City of Wylie, Texas. "Company" shall mean Bloomfield Homes, L.P. "Commencement Date" shall mean April 1, 2017. "Effective Date" shall mean April 1, 2017. "Direct Payment Permit" also referred to herein as a "Texas Direct Payment Permit" shall mean that permit issued by the State of Texas authorizing Company to self-assess and pay applicable state and local use taxes directly to the State of Texas related to selected portions of Company's taxable purchases. Texas Rule 3.288 of the Texas Administrative Code defines the requirements and responsibilities of Texas Direct Payment Permit holders along with any amendments, permutations, or recodifications of such Code or Rules whether renaming such permits or otherwise modifying such provisions. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination (other than a dissolution or termination by reason of a party merging with an affiliate) of a party's existence as a going business, insolvency, appointment of receiver for any part of a party's property and such appointment is not terminated within ninety (90) business days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against a party and in the event such proceeding is not voluntarily commenced by the party, such proceeding is not dismissed within ninety (90) business days after the filing thereof. "Force Majeure" shall mean any delays due to strikes, riots, acts of God, shortages of labor or materials, war, terrorism, governmental approvals, laws, regulations, or restrictions, or any other cause of any kind whatsoever which is beyond the reasonable control of the party. "Program" shall mean the economic incentive program established by the City pursuant to Chapter 380 of the Texas Local Government Code together with any amendments, permutations, or recodifications of such Code provisions whether renaming such economic incentive or other modifications thereof. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 2 "Program Grant" shall mean the periodic payments paid by the City to the Company in accordance with Section 3 of this Agreement. "Grant Period" shall mean consecutive six (6) month periods during the term of this Agreement, except that the first Grant Period shall begin on the Effective Date and continue through and include the last day of June 2017 following the Effective Date. For illustration purposes, assume the Effective Date is April 1, 2017 then the first Grant Period would begin on April 1, 2017 and continue through and include June 30, 2017. The next Grant Period would begin on July 1, 2017 and continue through and include December 31, 2017. The final Grant Period for the initial 10-year term of the Agreement would be from January 1, 2027 and end on March 31, 2027. "Taxable Items" shall have the same meaning assigned by Sections 151.010 and 151.0101, TEX. TAX CODE, as amended. "Impositions" shall mean all use taxes that may be imposed by public or governmental authority on the Company or any taxable items purchased and used by Company within the City. "Use Tax Receipts" shall mean the Grantor's net receipts from the State of Texas from the collection of one percent (1%) general City use tax imposed by the City pursuant to Chapter 321 of the Texas Tax Code, attributed to the collection of use tax by Company associated with the issuance of Company's Texas Direct Payment for Taxable Items used or consumed in the City. "Use Tax Certificate" shall mean a certificate or other statement in a form reasonably acceptable to the Grantor setting forth the Company's collection of use tax imposed by and received by the Grantor from the State of Texas, for the use of Taxable Items by Company in the City for the applicable calendar month during a Grant Period which are to be used to determine Company's eligibility for a Grant, together with such supporting documentation required herein, and as Grantor may reasonably request. ARTICLE II TERM 2.01 Term. The term of this Agreement shall begin on the Effective Date and continue for a ten (10) year period. 2.02 This Agreement shall remain in effect until Grantor has made the Program Grants set forth in Section 3 of the Agreement, or until otherwise terminated under the provisions of this Agreement. 2.03 This Agreement may be extended for an additional period of time on terms mutually acceptable to both parties by a written agreement executed by both parties. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 3 ARTICLE III ECONOMIC DEVELOPMENT GRANT 3.01 Grant. Subject to the Company's continued compliance of all the terms and conditions of this Agreement, the Grantor agrees to provide Company with an economic development grant from lawful available funds payable as provided herein in an amount equal to 80% of the Use Tax Receipts, as previously defined herein (the "Grant"). The Grant will be paid semi-annually at the end of June and the end of December with the potential exception of the final Grant Period during the ten (10) year period following the execution of the Agreement, commencing April 1, 2017. The Grant will never include any monies the Company pays or owes to the State of Texas for any penalties for late payments, failures to report in a timely manner, and the like, related to the Use Tax Receipts. 3.02 Grant Payment. Grantor shall pay the Grant for the applicable Grant Period within forty-five (45) days after receipt of a Use Tax Certificate from Company following the end of each Grant Period, pursuant to Section 4.01. Company shall submit Use Tax Certificates to Grantor within thirty (30) days following the end of the applicable Grant Period, beginning with the first Grant Period. For illustration purposes, assume the first Grant Period begins on April 1, 2017 and continues through and includes June 30, 2017. Company would submit a Use Tax Certificate to Grantor for the first Grant Period by July 30, 2017 and Grantor would pay the first Grant within forty-five (45) days after receipt of the Use Tax Certificate and after receiving all of the net Use Tax Receipts within the Grant Period. Further assume that the Use Tax Receipts for the first Grant Period equal Five Thousand Dollars ($5,000.00), then the amount of the first Grant would be Four Thousand Dollars ($4,000.00). 3.03 Amended Returns and Audits. In the event the Company files an amended use tax return, or report, or if additional use tax is due and owing, as a result of an audit conducted by the State of Texas that increases the Use Tax Receipts for a previous period covered within the term of this agreement, the Grant payment for the Grant Period immediately following such State approved amendment shall be adjusted accordingly, provided the Grantor must have received the Use Tax Receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, Company shall provide Grantor with a copy of such amended use tax report, tax return or audit adjustment, and the approval thereof by the State of Texas. 3.04 Refunds. In the event the State of Texas determines that the City erroneously received Use Tax Receipts, or that the amount of use tax paid to the City exceeds the correct amount of use tax for a previous Grant paid to the Company, the Company shall, within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such Grant exceeded the amount to which the Company was entitled pursuant to such State of Texas determination, pay such amount to the Grantor. The Grantor may at its option adjust the Grant payment for the Grant Period immediately following such State of Texas determination to deduct there from the amount of the overpayment. As a condition precedent to payment of such refund, the City shall provide Company with a copy of such determination by the State of Texas. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 4 ARTICLE IV DOCUMENTATION SUPPORTING THE ECONOMIC DEVELOPMENT GRANT The conditions contained in this Article IV are conditions precedent to the Grantor's obligation to make any Grant payment. 4.01 Use Tax Certificate. During the term of this Agreement, the Company shall within thirty (30) days after the end of each Grant Period, provide the Grantor with a Use Tax Certificate relating to Use Tax Receipts paid during the Grant Period. The Grantor shall have no duty to calculate the Use Tax Receipts or determine Company's entitlement to any Grant for a Grant Period, or pay any Grant during the term of this Agreement until such time as Company has provided the Grantor a Use Tax Certificate for such Grant Period and the Grantor has received the actual Use Tax Receipts from the State of Texas attributable to such calendar months within the Grant Period. Company shall provide such additional documentation as may be reasonably requested by Grantor to evidence, support and establish the use tax paid directly to the State of Texas pursuant to Company's Direct Payment Permit. The Use Tax Certificate for each Grant Period shall at a minimum contain, include or be accompanied by the following: a. A copy of all Texas Direct Payment Permit and self-assessment use tax returns and reports during the applicable Grant Period, use tax audit assessments or credits, including amended use tax returns or reports, filed by the Company during the Grant Period showing use tax paid directly to the State of Texas related to Company's operations for the Grant Period; and b. Information concerning any refund or credit received by the Company of use tax paid by the Company which has previously been reported by the Company as use tax paid for a previous Grant Period within the term of this agreement. Company will provide to Grantor the Use Tax Certificates from time to time pursuant to the terms of the Agreement, which are confidential ("Confidential Information") and, except as otherwise provided herein, may not be disclosed to a third party without the Company's consent. To the extent that any disclosure of the Confidential Information may be required by law, Grantor will use reasonable efforts to inform Company of the request in sufficient time for Company to assert any objection it may have to such disclosure to an appropriate judicial or administrative body. 4.02 Grantor must have received a Use Tax Certificate for the months within the Grant Period for which payment of a Grant is requested, and Grantor must have received the actual Use Tax Receipts for all calendar months within the Grant Period. 4.03 The Company intends to issue its Texas Direct Payment Permit to specific suppliers or vendors that provide large quantities of building materials or other tangible personal property. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 5 4.04 The Company shall provide the Grantor with a true and correct copy of its Texas Direct Payment Permit, which permit shall be kept in full force and effect throughout the term of the Agreement. 4.05 Company or the City shall not have an uncured material breach or default of this Agreement. ARTICLE V TERMINATION 5.01 This Agreement may be terminated upon any one of the following: (a) by mutual written agreement of the parties; (b) by Grantor or Company, respectively, if the other party defaults or breaches any of the terms or conditions of this Agreement in any material respect and such default or breach is not cured within thirty (30) days after written notice thereof by the Grantor or Company, as the case may be; (c) by Grantor, if any Impositions owed to the Grantor or the State of Texas by Company shall have become delinquent (provided, however, Company retains the right to timely and properly protest and contest any such Impositions); (d) by Grantor, if Company suffers an Event of Bankruptcy or Insolvency; (e) by Grantor or Company, respectively, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid,illegal or unenforceable; or (f) by Company, if the City does not pay the applicable Grant amount within 45 days of receipt of the Use Tax Receipts as required herein covered by a valid Use Tax Certificate issued by Company or fails to cure this breach within an additional 30 days and so long as the Company is not in default, or; (g) expiration of the term, or any subsequent renewal of the term. The rights, responsibilities and liabilities of the parties under this Agreement shall be extinguished upon the termination of this Agreement except for any rights, responsibilities and/or liabilities that accrued prior to such termination. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 6 ARTICLE VI MISCELLANEOUS 6.01 Binding Agreement. The terms and conditions of this Agreement are binding upon the parties to this agreement and their respective successors and permitted assigns. This Agreement may not be assigned without the express written consent of Grantor, which consent shall not be unreasonably withheld or delayed. 6.02 Limitation on Liability. It is understood and agreed between the parties that the Company and Grantor, in satisfying the conditions of this Agreement, have acted independently, and Grantor assumes no responsibilities or liabilities to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the Grantor from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever by a third party arising out of the Company's performance of the conditions under this Agreement. 6.03 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the parties. 6.04 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.05 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below (or such other address as such party may subsequently designate in writing) or on the day actually received if sent by courier or otherwise hand delivered sent via fax. If intended for City, to: Attn: Mindy Manson Wylie City Manager 300 Country Club Rd. Wylie, TX 75098 With a copy to: Attn: CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 7 If intended for the Company: Atm: Accounting Department Don Dykstra President Bloomfield Homes, L.P. 1050 East Hwy 114, Ste. 210 Southlake, TX 76092 With a copy to: Attn: 6.06 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement. 6.07 Governing Law. The laws of the State of Texas shall govern the Agreement; and this Agreement is fully performable in Wylie, Ellis County, Texas with exclusive venue for any action concerning this Agreement being in a court of competent jurisdiction in Ellis County, Texas. 6.08 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 6.09 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument and any such counterparts shall be deemed to be incorporated herein. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 8 6.13 Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 6.14 Dispute Resolution. Any controversy or claim arising from or relating to this Agreement, or a breach thereof shall be subject to non-binding mediation, as a condition precedent to the institution of legal or equitable proceedings by any party unless the institution of such legal or equitable proceeding is necessary to avoid the running of an applicable statute of limitation. The parties shall endeavor to resolve their claims by mediation. Grantor and Company shall share the costs of mediation equally. The mediation shall be held in Wylie, Texas, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. [SIGNATURE PAGES FOLLOW] CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 9 EXECUTED as of the day of , 2017. THE CITY OF WYLIE, TEXAS By: Mindy Manson, City Manager ATTEST: City Secretary By: EXECUTED as of the day of , 2017. Bloomfield Homes, L.P. a Texas Limited Partnership By: Bloomfield Properties, Inc. a Texas Corporation, its General Partner By: Name: Don Dykstra Title: President CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 10 ACKNOWLEDGMENTS STATE OF TEXAS § CITY OF WYLIE § This instrument was acknowledged before me on the day of , 2017 by Mindy Manson, City Manager of The City of Wylie, Texas, on behalf of said city. Name: Notary Public, State of Texas My commission expires: STATE OF TEXAS § CITY OF SOUTHLAKE § This instrument was acknowledged before me on the day of , 2017 by Don Dykstra, President of Bloomfield Properties, Inc., General Partner of Bloomfield Homes, L.P., a limited partnership, on behalf of said limited partnership. Name: Notary Public- State of Texas CHAPTER 380 GRANT AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND BLOOMFIELD HOMES,L.P.-PAGE 11