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04-24-2018 (City Council) Agenda Packet
7 , Wylie City Council CI--T- LIE NOTICE OF MEETING IF Regular Meeting Agenda April 24, 2018 - 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 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Stephanie Storm 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 • Junior Mayor Lana Gillispie • Proclamation for Animal Control Officer Appreciation Week April 24,2018 Wylie City Council Regular Meeting Agenda Page 2 of 4 • Presentation by the Wylie Baseball Softball Association to donate $48,000 to the City of Wylie for park improvements at Founders and Community Parks. 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 April 10, 2018 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, Resolution No. 2018-18(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. (T. Porter, Public Works Director) C. Consider, and act upon, Resolution No. 2018-19(R) of the City of Wylie, Texas, finding that Oncor Electric Delivery Company LLC's application for approval of a Distribution Cost Recovery Factor pursuant to 16 Tex. Admin. Code §25.243 to increase distribution rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the Company; 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. (M. Manson, City Manager) D. Consider, and act upon, Resolution No. 2018-20(R) establishing a temporary moratorium on the acceptance, processing and approval of any application for a city permit or license for use of public right-of-way in the city of Wylie for races, competitions or other special events involving running walking or cycling; imposing the moratorium to maintain the status quo for a period of one hundred twenty (120) days or until the adoption and implementation of new regulations governing such uses of the public right-or-way; providing for waivers; making various findings and provisions related to the subject; and providing for an effective date. (M. Manson, City Manager) E. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2018. (M. Beard, Finance Director) F. Consider, and place on tile, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2018. (M. Beard, Finance Director) G. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2018. (S. Satterwhite, WEDC Director) April 24,2018 Wylie City Council Regular Meeting Agenda Page 3 of 4 H. 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-18-T-0001 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 19, 2018 through September 8, 2018 for a sum not to exceed$61,880.04. (A. Henderson, Police Chief) I. Consider, and act upon, the approval of the purchase of an annual Microsoft Enterprise License Agreement from SHI Government Solutions, Inc. in the estimated annual amount of $87,416.00 through a cooperative purchasing contract with the Texas Department of Information Resources (DIR), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) J. Consider, and act upon, the approval of the purchase of water meter boxes, repair sleeves, lids, and manhole covers from Ferguson Inc. and Fortiline Waterworks in the estimated annual amount of$55,000.00 through a cooperative purchasing contract with Collin County Governmental Purchasing Forum, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a Replat for Railroad Addition, Lot 1R, Block 6; Being a Replat of Lots 1, 2, and 3, Block 6, establishing one lot on 0.557 acres, located on the southwest corner of Brown and 1st Street (305-307 1st Street). RP 2018-02. (R. 011ie, Development Services Director) Executive Summary The purpose of the Replat is to reconfigure two lots to establish one lot on 0.557 acres. The property is zoned Downtown Historic District(DTH). 2. Hold a Public Hearing and consider, and act upon, a Change in zoning from Agricultural-30 (AG/30) District to Commercial Corridor (CC) District to set the boundaries on 19.76 acres, generally located at the northeast quadrant of SH 78 and Brown Street. ZC2018-05. (R. 011ie, Development Services Director) Executive Summary The applicant is requesting to rezone a 19.76 acre property located NE of Brown and SH 78. The property has frontage on both SH 78 and Brown Street. The property is currently zoned as Agricultural (AG/30) and is not platted. 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 attomey 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: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087--Discussing certain economic development matters. §551.073 -Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. April 24,2018 Wylie City Council Regular Meeting Agenda Page 4 of 4 CERTIFICATION I certify that this Notice of Meeting was posted on April 20, 2018 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. Stephanie Storm,City Secretary Date Notice Removed OF tif (--- Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: Presentation Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: April 18, 2018 Budgeted Amount: Exhibits: 3 Subject Presentation by the Wylie Baseball Softball Association to donate $48,000 to the City of Wylie for park improvements at Founders and Community Parks. Recommendation N/A Discussion The Wylie Baseball Softball Association would like to donate funds to the City to assist with various park improvements at Founders and Community Parks. Wylie Baseball Softball Association has proposed the following improvements over the course of the next two fiscal years: Proposed improvements at Community Park FY 17-18: Batting cages (for league use only)-$40,000.00 Proposed improvements at Community Park FY 18-19: Fencing on east side fields-$65,000.00 Scoreboard replacement-$25,000.00 Proposed improvements at Founders Park FY 17-18: Dugout covers for Fields C and D-$15,000.00 Proposed improvements at Founders Park FY 18-19: Dugout covers for Fields A and B-$15,000.00 The Parks and Recreation Board reviewed the improvements at their Board meeting on March 12, 2018 and approved the improvements for both fiscal years. The projects identified in this fiscal year will be for dugout covers at Founders Park and batting cages for Community Park. The projected costs for these projects is $55,000.00, Wylie Baseball Softball Association has committed to donating $48,000.00 toward the projects. Page 1 of 2 Page 2 of 2 Staff has worked with the league to determine what improvements need to be made and the locations for the improvements. All the park improvements will be made by City contractors and supervised by City staff. Staff will add wording to the current league agreement outlining responsibilities of the City and the League in the managing of the batting cages. Staff has attached the current copy of the Wylie Baseball Softball Association Agreement with the agenda report and the proposed agreement to be implemented once the batting cages are completed. The City Council approved the expenditures for the projects and the acceptance of the revenues from Wylie Baseball Softball Association in the Parks Acquisition and Improvement Fund with the Fiscal Year 2017-2018 Mid-Year Budget amendments on April 10, 2018. 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' E, t nA � � .'P F '' r+� �S` A ' 7=w � n mow'A r ii c � � � � t d ,.+" , ;R .R .: N&d$" d �°i 0 y .� m '-''''''""'"`""",.-A. i" y aa �i�q " 5 9� L 4 "A a At a �, as i s'x, � � � N pu "k xp ,, ro ° c v ids, fu ln5 +.•:x;,.. a rc ",a,, w... a ' yew 1 le Community Park-The batting cages will have interior netting to keep balls in the appropriate hitting tunnel. a ,> 1v . x xx 1 Ip Ay ` 1 nn A w ; ,p 1 " , ro o- d LL N,.rbMvBk N ,p ^p .tea,:. �k �a„ „ v "w ,*;`Wk ' ' �- � t 1"r;;� m� d a m. r,..tia'tN C , �' a �t.• ' a • mS h `` ' kis ; l p 4 � , ' 11 44. �"-�t.r xk tt�W'y"'•:��`tar .s x.. ,41. Founders Park-The dugout covers will be made from the shade cover material as shown in this exhibit. WYLIE PARKS ATHLETIC FIELD AND FACILITIES USE AGREEMENT (Limited to Wylie residents and local non-profit organizations) This Wylie Parks Athletic Field and Facilities Use Agreement("Agreement")is made and entered into on this the 15th day of February , 2018 ("Effective Date"), by and between the CITY OF WYLIE,TEXAS,a Texas home-rule municipal corporation,("City") and Wylie Baseball and Softball Association , a Texas Non-Profit ("Snorts Group"). City and Sports Group are individually and collectively referred to herein, respectively, as"party„or parties„ WHEREAS, the City Council of the City("City Council") is interested in the needs and interests of its youth and adults involved in community athletics; and WHEREAS,the City Council has investigated and determined that it is in the best interest of City and its citizens to provide for the organization and coordination of the various non-profit community athletic organizations and the residents of City in connection with their use of City park athletic fields and facilities(collectively,"Facilitv(iesl"). The phrase"Facility ties)"as used in this Agreement,shall include,but not limited to,game and practice fields,equipment,buildings, structures,pavilions and other things identified as such by City. NOW,THEREFORE, in consideration of the terms, conditions and covenants herein set forth,the parties agree as follows: 1. GRANT OF LICENSE/USE. (A)Grant of License. City hereby grants to Sports Group a non-exclusive license ("License") for the use of certain Facilities to administer and manage sports activities, including but not limited to,recreational and competitive league and tournament games and practices (collectively, "Activities") for the Sports Group, during the Spring and Fall sports seasons described in section"C"below, located on the following fields: "Cooper Field,""Eldridge Field," "Rowell Field," and "Tibbals Field," T-Ball fields "I," "2," "3," and "4,", and practice fields `2,' `3,' and '4' at the Facility known as "Community Park" on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays,during the Spring and Fall seasons as defined in section 2. (C) below, and Softball fields "A" and "B" at the facility known as "Founders Park" on Mondays, Tuesdays, Wednesdays,Thursdays, Fridays, and Saturdays during the Spring and Fall seasons as defined in section 2. (C)below and Softball fields "C" and "D" at the facility known as "Founders Park" on Mondays, Tuesdays, Thursdays, and Saturdays during the Spring and Fall seasons as defined in section 2. (C)below Softball fields "C" and "IY' at the facility known as "Founders Park" on Wednesdays and Sunday evenings after 5:00pm from February 15,2018 until December 15, 2018, WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 1 OF IS 631633.2 during the term of this Agreement and any extension or renewal thereof. In consideration for such License, Sports Group hereby agrees to the provisions of this Agreement. This Agreement and the License may be terminated at any time by City if Sports Group breaches any term of this Agreement as hereinafter provided. (B) Use of Premises. Sports Group covenants and agrees that it will not engage in any activity on the Premises or do anything in connection therewith which shall be in violation of an State, Federal and/or local law, rule, requirement, regulation, code and/or ordinance,as they individually exist,may be amended or in the future arising ("Regulations"). 2. TERM/RESERVATION OF USE BY CITY/SCHEDULE. (A) Term. Unless terminated earlier as provided herein, this Agreement shall commence on the 15th day of February , 2018, and terminate on the 14th day of December, 2018. (B) Reservation of Use by City. The use of the Premises by Sports Group for the Activities will be limited to such times as shall not be in conflict with use by City. The Public Services Director, or his designee, ("Director") reserves the right to regulate the hours that Sports Group may use the Premises. It is expressly understood by Sports Group that from time-to-time,due to the necessity of the use of the Premises, as determined by the Director, for the benefit of the citizens of City, the Premises may not be available for use by Sports Group. The Director will provide Sports Group with advance reasonable notice of such need for the use of the Premises. (C) Schedule. Unless prior arrangements are made, sports seasons shall not deviate from the following schedule: Season Begins Ends Spring February 15 June 14 Summer June 15 August 14 Fall August 15 December 14 Winter December 15 February 14 Maintenance No winter seasons will be scheduled at the Facilities. Season start and end dates may be amended at any time by City, or by virtue of a written agreement between City and Sports Group. 3. SPORTS GROUP FEES/ROSTER/SCHEDULE/PAYMENT OF FEES. (A) Fees. The fees ("Fees") to be paid by Sports Group for the use of the Premises as provided herein shall be established by the applicable Regulations. The current WYL1E PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 2 OF 15 6316332 Fees, as set forth in Ordinance No. 2011-05, which may be changed from time-to- time,are as follows: Youth Sports (age 18 and under): S5.00 per player per season Adult Sports(age 19 and older): S 10.00 per player per season Light Fee: S 18.00 per hour (B) Roster. Sports Group shall submit a complete player roster of its players("Roster") to City no later than three(3)weeks prior to the start of each sports season that this Agreement is in effect. City may allow a simple headcount of the number of players in lieu of a complete roster. (C) Schedule. i. Sports Group shall submit a written schedule("Schedule")of the times and dates of the Activities to City at least three(3) weeks prior to the beginning of each sports season that this Agreement is in effect so that City can determine if such Schedule conflicts with another sports group who has previously submitted the required schedule and other information for City's consideration and/or entered into a similar agreement. Sports Group may, along with its Schedule,submit the preferred days of the week that it would like to hold its Activities.The License granted to any sports group,pursuant to a duly executed form of this Agreement, is on a first come, first serve basis. Provided Sports Group submits all required information to City as described herein, including but not limited to, the Schedule and the Roster, and City determines the Schedule does not conflict with another sports group's prior submitted schedule and required information,City will tender the form of this Agreement to Sports Group. ii. In addition to all other requirements set forth in this Agreement, the Schedule must be approved by the Director before the Activities may commence. Schedule changes shall be submitted to the Director and placed on the Sports Group's website (hereinafter defined) at Ieast one (I) day before the scheduled game or practice. Failure to submit the Schedule when requested may result in revocation of the License and the termination of this Agreement. iv. Sports Group agrees to cease all operations and use of the Premises no later than one (1) week after the end date of the season set forth in Paragraph 2(C) above, unless prior arrangements have been made with the Director and evidenced in writing. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 3 OF 15 631633.2 (D) Payment of Fees. Sports Group agrees that one-half(%) of the total Anticipated Fees set forth above may be due and payable to City: (i) upon its execution of this Agreement and, thereafter, on or before the month and day of the Initial Commencement Date each year this Agreement is in effect; and (ii) on or before the Initial Termination Date and, thereafter,on or before the month and day of the Initial Termination Date each year this Agreement is in effect. Normally,invoices will be sent to Sports Group at the end of each sports season should the actual Fees ("Actual Fees")exceed the Anticipated Fees,and such invoices shall be payable to City immediately upon receipt of same by Sports Group, but in no event, any later than seven(7)calendar days from the date of receipt. Failure to remit any payment due City as provided herein may result in Sports Group being suspended from using any and all Facilities for future seasons. Normal league end-of-season tournaments may, as solely determined by City, be held with no additional charge to Sports Group. 4. CITY OBLIGATIONS. (A) Baseball and Softball Fields. City will, to the extent the applicable annual budget allows, provide the following: home plates, pitching rubbers, base anchors and dragging and marking of baseball/softball outfield foul lines for games,scoreboards and controllers; however, City will not provide striping of baseball/softball field infields. (B) Soccer Fields. City will, to the extent the applicable annual budget allows,provide soccer goals on game and practice fields;however,City will not provide striping of soccer game and practice fields. (C) Football Fields. City will, to the extent the applicable annual budget allows, provide football goalposts, scoreboards and controllers; however, City will not provide striping of football fields. (D) Maintenance of Fields. City will mow fields during the sports season to maximize turf appearance and health. (E) Maintenance of Irrigation. City will maintain and repair any automatic irrigation system and will have sole control over watering schedules, (F) Maintenance of Turfgrass. City will maintain sole responsibility for and control of all cultural practices related to the proper maintenance of turfgrass on the playing fields,including but not limited to,aerification,chemical applications,overseeding, sodding, sprigging and seeding. (G) Maintenance of Amenities. City will maintain all amenities associated with the Premises assigned to Sports Group, such as fencing, restroom facilities and concession stands (where available), dugouts, bleachers, shade structures and trash receptacles. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 4 OF 15 631633.2 (H) Trash Receptacles. City will collect litter from designated receptacles and maintain those receptacles in a usable manner throughout the sports season. 5. SPORTS GROUP OBLIGATIONS. (A) Sanitation and CIeanliness. Sports Group agrees to pick up trash and litter resulting from Sports Group's use of the Premises pursuant to this Agreement and to place it in designated receptacles provided by City. (B) Non-Discrimination. Sports Group agrees that no person may be denied participation in Sports Group's Activities because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. (C) Bylaws. Sports Group shall provide a copy of its bylaws to City upon request. (D) Board Members. Sports Group shall provide a list of current board members with addresses and contact numbers to City upon request. (E) Fee Schedule and Registration Dates. Sports Group shall provide a copy of its fee schedule and registration dates to City upon request. (F) Minutes. Sports Group shall provide copies of its board meeting minutes to City upon request. (G) Other Information. Sports Group shall provide copies of any other information reasonably requested by City to carry out the intent of this Agreement. 6. FIELD ALLOCATIONS. The Director will consider all requests for Facilities and allocate the available Facilities according to the best interests of City, subject to, among other things, the following criteria: (A) Use of Facilities. Every effort will be made to allow the use of the Facilities only for their designed purposes. (B) Priority of Use. Priority will be given to sports groups who entered into and remained in compliance with the form of this Agreement during the previous year. Every effort will be made to accommodate new sports groups according to availability of the Facilities. (C) Regular Season and Tournaments. The Director will,in his sole discretion,allocate the Facilities to regular season and tournament play and may assign more than one (1)sports group to any given Facility. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGES OF 15 6316332 (D) Reallocation Prohibited. Sports Group may not reallocate or"sublet" any Facility allocated to Sports Group to any other group, team or individual. Any individual allocations or reservations must be made through the Director. (E) Director's Decision Final. Sports Group agrees to abide by decisions made by the Director as to playability or usability of the Facilities due to inclement weather or maintenance needs. All decisions as to playability and/or usability made by the Director are final. No refund will be made to Sports Group for games or practices missed due to field closures, as solely determined by the Director. (F) Availability of Facilities. Sports Group agrees that all Facilities are the property of City and may be made available for use by all citizens of City, in City's sole discretion. The Director reserves the right to limit Sports Group access to Facilities when not in use by Sports Group(i.e.days that Sports Group has not been scheduled to use the Facilities). 7. FIELD LIGHTING. (A) Sports Group Scheduling of Lighting. The Director will allow Sports Group to set and maintain its own lighting schedule for use of the Premises by virtue of the Musco's Control-Link website(www.control-link.com) ("website"). The Director will train a representative of Sports Group on how to operate the website upon request. Sports Group will be given access only to the Premises that have been allocated to Sports Group for the current season or term of this Agreement. Every effort will be made to avoid duplication of field light access between sports groups, but, in some cases, multiple sports groups may have access to the same Premises' lights. At no time shall Sports Group use lights during a time that has been programmed by another sports group or by City, on behalf of another citizen or user. Sports Group may set its own light schedules according to its needs and agrees that City will not be responsible for setting, altering or deleting lighting schedules. (B) Website Log-on. Sports Group will be provided with one (1) login and one (I) password to the website www.control-link.com upon full execution of this Agreement. This login and password will be valid for so long as this Agreement is in full force and effect. Upon termination of this Agreement, the login and password will no longer be in effect to access the website. (C) Lighting Charges. Sports Group agrees that it will be responsible for all charges resulting from its use of lights at the Premises. An invoice and detailed report will be delivered to Sports Group at the end of each season and shall be payable to City immediately upon receipt of same by Sports Group, but in no event, any later than seven(7)calendar days from the date of receipt. Failure to remit any payment due City as provided herein may result in Sports Group being suspended from using any and all Facilities for future seasons. Sports Group may request periodic reports throughout the season to check the charges associated with its usage of the lighting on the Premises, and City will provide such reports within a reasonable time. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 6 OF 15 631633.2 (D) Director's Right to Revoke. The Director will monitor Sports Group's usage of the lighting on the Premises and reserves the right to revoke Sports Group's ability to schedule lights at any time during the season. 8. PERSONNEL. (A) Criminal Background Checks. Sports Group shall provide its own coaches, umpires,referees,officials,volunteers,employees,persons who work with or have contact with children in the course of his/her duties assigned by Sports Group and all other personnel deemed necessary for Sports Group to conduct the Activities on the Premises, regardless of whether any or all are paid or unpaid (collectively, "Personnel"). Sports Group agrees to perform criminal background checks on all Personnel who will work with children. A count of all criminal background checks performed by Sports Group on its Personnel shall be provided to City upon request. (B) Required Age of Personnel. Sports Group shall not employ any Personnel under sixteen(16) years of age. Any Personnel under eighteen(18)years of age working at any Facility must be under the direct supervision of an adult. 9. SPORTS GROUP WEBSITE. Sports Group is encouraged to create and maintain a website ("Sports Group website"), providing current schedules and information to the public. Sports Group's website should be updated, as necessary, throughout the season to contain accurate and timely information. 10. CONCESSIONS. Sports Group may provide concessions on the Premises during the sports season and at any tournaments. Should Sports Group desire to provide concessions, it must have a current concession agreement with City; otherwise, Sports Group concessions are prohibited on the Premises. 11. INDEMNITY. SPORTS GROUP SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CITY, AND SPORTS GROUP AGREES THAT CITY WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE AND/OR RESPONSIBLE FOR, ANY AND ALL CLAIMS, LAWSUITS, LOSSES, LIABILITIES, JUDGMENTS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES (INCLUDING PROPERTY DAMAGE), BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE AND ATTORNEYS' FEES AND COSTS IN ENFORCING THIS INDEMNITY) OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON(S) AND/OR ENTITY(IES) ARISING, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE AND/OR WILFULL MISCONDUCT, WHETHER BY ACT OR OMISSION, OF SPORTS GROUP, AS WELL AS, ANY NEGLIGENCE, GROSS NEGLIGENCE AND/OR WILFULL MISCONDUCT, WHETHER BY ACT OR OMISSION, OF CITY, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER AND/OR AS A WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 7 OF 15 631633/ RESULT OF THIS AGREEMENT. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY HIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN SPORTS GROUP AND ITS PERSONNEL AS A RESULT OF ANY PERSONNEL'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH SPORTS GROUP,INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX,SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AS THEY EXIST, MAY BE AMENDED OR IN THE FUTURE ARISING, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT,CONTRACT OR OTHERWISE. IN ITS SOLE DISCRETION,CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY SPORTS GROUP IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY,UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF SPORTS GROUP'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF SPORTS GROUP'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. SPORTS GROUP SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN(7)BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF SPORTS GROUP FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND SPORTS GROUP SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH II SURVIVES THE WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 8 OF 15 6316332 TERMINATION OF THIS AGREEMENT AND/OR DISSOLUTION OF THIS AGREEMENT. 12. WAIVER/RELEASE OF LIABILITY. (A) Sports Group acknowledges and agrees that City is not providing any guarantee, representation and/or warranty, and City hereby disclaims any guarantee, representation and/or warranty, of any work performed by City in connection with the Facilities and/or Premises, in whole or in part, the condition of the Facilities and/or Premises, in whole or in part,or that the Facilities and/or Premises are fit for the purpose for which Sports Group intends to use the same. (B) SPORTS GROUP HEREBY RELEASES CITY FROM AND AGAINST,AND WAIVES ANY AND ALL RIGHTS TO, ANY AND ALL CLAIMS AND/OR DEMANDS FOR DAMAGES (PERSONAL OR PROPERTY),INJURY(INCLUDING DEATH),OR OTHERWISE,IT MAY RAVE WITH REGARD TO ANY WORK PERFORMED BY CITY IN CONNECTION WITH THE FACILITIES AND/OR PREMISES, IN WHOLE OR IN PART, THE CONDITION OF THE FACILITIES AND/OR PREMISES, IN WHOLE OR IN PART, OR THAT THE FACILITIES AND/OR PREMISES ARE FIT FOR THE PURPOSE FOR WHICH SPORTS GROUP INTENDS TO USE THE SAME. (C) Sports Group agrees that City shall not, under any circumstance, be liable and/or responsible for any claim, demand and/or judgment for damages (personal or property),injury(including death),or otherwise,which may,directly or indirectly, in whole or in part,result from any work performed by City in connection with the Facilities and/or Premises,in whole or in part, the condition of the Facilities and/or Premises, in whole or in part, or that the Facilities and/or Premises are fit for the purpose for which Sports Group intends to use the same. 13. INSURANCE. Sports Group,at its own expense,shall purchase,maintain and keep in full force and effect during the term of this Agreement, insurance as set forth below: (A) General Insurance Requirements. Sports Group shall, during the term of the Agreement with City, or any renewal or extension thereof, provide and maintain the types and amounts of insurance set forth herein. All insurance and certificate(s) of insurance shall contain the following provisions: i. Name City, its officers,agents,representatives and employees as additional insureds as to all applicable coverage with the exception of workers compensation insurance. ii. Provide for at least thirty (30) days prior written notice to City for cancellation, non-renewal, or material change or modification of any policies, evidenced by return receipt or United States Mail. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 9 OF 15 631633.2 iii. Provide for a waiver of subrogation against City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. iv. Endorsement applicable to each policy provided. (B) Insurance Company Qualification All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas and shall have a minimum rating of"A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). (C) Certificate of Insurance — A Certificate of Insurance evidencing the required insurance shall be submitted with Sports Group's execution of the Agreement. If the Agreement is renewed or extended by City,a Certificate of Insurance shall also be provided to City prior to the date the Agreement is renewed or extended. (D) Insurance Checklist - "X" means that the following coverage is required for this Agreement. Coverage Required Limits X 1. Worker's Compensation & • Statutory Limits of the State of Texas Employer's Liability X 2. General Liability • Minimum$1,000,000.00 each occurrence; and • Minimum $2,000,000.00 in the aggregate. 14. DEFAULT/TERMINATION. If either party violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty(30)day advance written notice to the party in default. Failure of Sports Group to comply with any of the terms and/or conditions of this Agreement could result in Sports Group losing any and all present and/or future privilege of using any Facility. 15. MISCELLANEOUS (A) Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. (B) Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity,governmental,sovereign and/or official,or defense that would otherwise WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 10 or IS 631633.2 be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied,other than those set forth herein. (C) Remedies. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without consent of the parties. (D) No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. (E) Savinas/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,such invalidity, illegality,or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. (F) Appropriation of Funds. Funds are not presently budgeted for City's performance under this Agreement beyond the end of City's 2017-2018 fiscal year. City will give Sports Group sixty (60) days' notice if funds for City's performance are no longer budgeted to continue beyond that time. City shall have no liability for payment of any money to perform its obligations herein after the end of City's 2017-2018 fiscal year unless and until such funds are budgeted. (G) Consideration.This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. (H) Indemnification. The parties agree that the Indemnity provision set forth in Paragraph 11 herein is conspicuous, and the parties have read and understood the same. (I) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (J) Assignment. This Agreement may not be assigned. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 11 OF 15 6316331 (K) Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Sports Group, to: Wylie Baseball and Softball Association_ Attn:_Lance Wallace PG Box 1178 Wylie,TX. 75098 If to City, to: City of Wylie Attn: Public Services Director 300 Country Club,#100 Wylie, Texas 75098 (L) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. (M) Player Fees. Sports Group shall be free to determine its own player fees,if any. (N) Headings. The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. (0) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (P) Reference to Sports Group. When referring to "Sports Group" herein, this Agreement shall refer to and be binding upon Sports Group, its officers, directors, partners, members, Personnel, representatives, servants, volunteers, players, spectators, participants, invitees, agents, vendors, heirs, legatees, legal representatives and/or any other third parties for whom Sports Group is legally responsible. (Q) Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees, contractors,subcontractors and/or any other authorized third parties for whom City is legally responsible. (R) Annual Financial Reports. Upon Request, Sports Group shall provide an annual WYLIE PARKS ATIILETIC FIELD AND USE AGREEMENT PAGE 12 OF 15 631633.2 financial report or third party audit to City detailing the organization's revenues, expenses and disbursements for that year. In addition, Sports Group agrees to provide all tax returns and other financial documents as requested by City. All financial documents,records and detailed accounts of financial operations shall be open to City's Finance Department for review and/or audit with reasonable notice given that such review or audit will occur. Failure of Sports Group to provide annual financial reports in compliance with the provisions of this Paragraoh 15(R) shall constitute a breach of this Agreement and may result in termination of the same. (S) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. (T) Attorneys' Fees. In any legal proceeding brought to enforce any term of this Agreement, the prevailing party may recover its reasonable and necessary attorneys' fees and expenses from the non-prevailing party as permitted by §271.153,TEX. Loc.GOV'T CODE, as amended. (U) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. SPORTS GROUP: _Wylie Baseball and Softball Association__, a Texas Non Profit Sport Association Date Print Name: Lance Wallace Its: President CITY: CITY OF WYLIE,TEXAS, a Texas home-rule municipality WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 13 OF 15 631633.2 ��pp Mindy ' City ` GL+ WY IE PARKS ATHLETIC [EL AND USE AGREEMENT AGE 14 OF 15 6316332 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF Co t r § BEFORE ME, the undersigned authority, on this day personally appeared La, L j tUac ' , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the "e a ®prv3"' and duly authorized representative of t tic , a Texas non- a "', and he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of r^ .t" ,2018. �� �x JANEt'St3ErHAWICES n. *Coma*04s`20 Notary ublic in and for the State of Texas STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument;she acknowledged to me she is the duly authorized representative for the City of Wylie, Texas and she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ' dayof auu r , 2018. G M qSUE HAKES 1256270,7 Notary Public in and for the State of Texas WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 15 OF 15 631633.2 WYLIE PARKS ATHLETIC FIELD AND FACILITIES USE AGREEMENT (Limited to Wylie residents and local non-profit organizations) This Wylie Parks Athletic Field and Facilities Use Agreement ("Agreement") is made and entered into on this the 15th day of February , 2018 ("Effective Date"), by and between the CITY OF WYLIE, TEXAS, a Texas home-rule municipal corporation, ("City") and Wylie Baseball and Softball Association , a Texas , ("Sports Group"). City and Sports Group are individually and collectively referred to herein, respectively, as "party" or parties". WHEREAS, the City Council of the City ("City Council") is interested in the needs and interests of its youth and adults involved in community athletics; and WHEREAS, the City Council has investigated and determined that it is in the best interest of City and its citizens to provide for the organization and coordination of the various non-profit community athletic organizations and the residents of City in connection with their use of City park athletic fields and facilities (collectively, "Facility(ies)"). The phrase "Facility (ies)" as used in this Agreement, shall include, but not limited to, game and practice fields, equipment,buildings, structures,pavilions and other things identified as such by City. NOW, THEREFORE, in consideration of the terms, conditions and covenants herein set forth, the parties agree as follows: 1. GRANT OF LICENSE/USE. (A)Grant of License. City hereby grants to Sports Group a non-exclusive license ("License") for the use of certain Facilities to administer and manage sports activities, including but not limited to, recreational and competitive league and tournament games and practices (collectively, "Activities") for the Sports Group, during the Spring and Fall sports seasons described in section "C" below, located on the following fields: "Cooper Field," `Eldridge Field," "Rowell Field," and "Tibbals Field," T-Ball fields "1," "2," "3," and "4,", and practice fields `2,' `3,' and '4' at the Facility known as "Community Park" on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays, during the Spring and Fall seasons as defined in section 2. (C) below, and Softball fields "A" and "B" at the facility known as "Founders Park" on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays during the Spring and Fall seasons as defined in section 2. (C)below and Softball fields "C" and "D" at the facility known as "Founders Park" on Mondays, Tuesdays, Thursdays, and Saturdays during the Spring and Fall seasons as defined in section 2. (C) below Softball fields "C" and "D" at the facility known as "Founders Park" on Wednesdays and Sunday evenings after 5:00pm from February 15, 2018 until December 15, 2018, WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 1 OF 15 631633.2 during the term of this Agreement and any extension or renewal thereof. In consideration for such License, Sports Group hereby agrees to the provisions of this Agreement. This Agreement and the License may be terminated at any time by City if Sports Group breaches any term of this Agreement as hereinafter provided. (B) Use of Premises. Sports Group covenants and agrees that it will not engage in any activity on the Premises or do anything in connection therewith which shall be in violation of an State, Federal and/or local law, rule, requirement, regulation, code and/or ordinance, as they individually exist, may be amended or in the future arising("Regulations"). 2. TERM/RESERVATION OF USE BY CITY/SCHEDULE. (A) Term. Unless terminated earlier as provided herein, this Agreement shall commence on the 15th day of February , 2018, and terminate on the 14th day of December, 2018. (B) Reservation of Use by City. The use of the Premises by Sports Group for the Activities will be limited to such times as shall not be in conflict with use by City. The Public Services Director, or his designee, ("Director") reserves the right to regulate the hours that Sports Group may use the Premises. It is expressly understood by Sports Group that from time-to-time, due to the necessity of the use of the Premises, as determined by the Director, for the benefit of the citizens of City, the Premises may not be available for use by Sports Group. The Director will provide Sports Group with advance reasonable notice of such need for the use of the Premises. (C) Schedule. Unless prior arrangements are made, sports seasons shall not deviate from the following schedule: Season Begins Ends Spring February 15 June 14 Summer June 15 August 14 Fall August 15 December 14 Winter December 15 February 14 Maintenance No winter seasons will be scheduled at the Facilities. Season start and end dates may be amended at any time by City, or by virtue of a written agreement between City and Sports Group. 3. SPORTS GROUP FEES/ROSTER/SCHEDULE/PAYMENT OF FEES. (A) Fees. The fees ("Fees") to be paid by Sports Group for the use of the Premises as WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 2 OF 15 631633.2 provided herein shall be established by the applicable Regulations. The current Fees, as set forth in Ordinance No. 2011-05, which may be changed from time-to- time, are as follows: Youth Sports (age 18 and under): $5.00 per player per season Adult Sports (age 19 and older): $10.00 per player per season Light Fee: $18.00 per hour (B) Roster. Sports Group shall submit a complete player roster of its players ("Roster") to City no later than three (3) weeks prior to the start of each sports season that this Agreement is in effect. City may allow a simple headcount of the number of players in lieu of a complete roster. (C) Schedule. i. Sports Group shall submit a written schedule ("Schedule") of the times and dates of the Activities to City at least three (3) weeks prior to the beginning of each sports season that this Agreement is in effect so that City can determine if such Schedule conflicts with another sports group who has previously submitted the required schedule and other info'!nation for City's consideration and/or entered into a similar agreement. Sports Group may, along with its Schedule, submit the preferred days of the week that it would like to hold its Activities. The License granted to any sports group, pursuant to a duly executed form of this Agreement, is on a first come, first serve basis. Provided Sports Group submits all required information to City as described herein, including but not limited to, the Schedule and the Roster, and City determines the Schedule does not conflict with another sports group's prior submitted schedule and required information, City will tender the form of this Agreement to Sports Group. ii. In addition to all other requirements set forth in this Agreement, the Schedule must be approved by the Director before the Activities may commence. Schedule changes shall be submitted to the Director and placed on the Sports Group's website (hereinafter defined) at least one (1) day before the scheduled game or practice. iii. Failure to submit the Schedule when requested may result in revocation of the License and the termination of this Agreement. iv. Sports Group agrees to cease all operations and use of the Premises no later than one (1) week after the end date of the season set forth in Paragraph 2(C) above, unless prior arrangements have been made with the Director and evidenced in writing. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 3 OF 15 631633.2 (D) Payment of Fees. Sports Group agrees that one-half(%2) of the total Anticipated Fees set forth above may be due and payable to City: (i) upon its execution of this Agreement and, thereafter, on or before the month and day of the Initial Commencement Date each year this Agreement is in effect; and (ii) on or before the Initial Termination Date and, thereafter, on or before the month and day of the Initial Termination Date each year this Agreement is in effect. Normally, invoices will be sent to Sports Group at the end of each sports season should the actual Fees ("Actual Fees") exceed the Anticipated Fees, and such invoices shall be payable to City immediately upon receipt of same by Sports Group, but in no event, any later than seven (7) calendar days from the date of receipt. Failure to remit any payment due City as provided herein may result in Sports Group being suspended from using any and all Facilities for future seasons. Noliiial league end-of-season tournaments may, as solely determined by City, be held with no additional charge to Sports Group. 4. CITY OBLIGATIONS. (A) Baseball and Softball Fields. City will, to the extent the applicable annual budget allows, provide the following: home plates, pitching rubbers, base anchors and dragging and marking of baseball/softball outfield foul lines for games, scoreboards and controllers; however, City will not provide striping of baseball/softball field infields. (B) Soccer Fields. City will, to the extent the applicable annual budget allows, provide soccer goals on game and practice fields; however, City will not provide striping of soccer game and practice fields. (C) Football Fields. City will, to the extent the applicable annual budget allows, provide football goalposts, scoreboards and controllers; however, City will not provide striping of football fields. (D) Maintenance of Fields. City will mow fields during the sports season to maximize turf appearance and health. (E) Maintenance of Irrigation. City will maintain and repair any automatic irrigation system and will have sole control over watering schedules. (F) Maintenance of Turfgrass. City will maintain sole responsibility for and control of all cultural practices related to the proper maintenance of turfgrass on the playing fields, including but not limited to, aerification, chemical applications, overseeding, sodding, sprigging and seeding. (G) Maintenance of Amenities. City will maintain all amenities associated with the Premises assigned to Sports Group, such as fencing, restroom facilities and concession stands (where available), dugouts, bleachers, shade structures and WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 4 OF 15 631633.2 trash receptacles. (H) Trash Receptacles. City will collect litter from designated receptacles and maintain those receptacles in a usable manner throughout the sports season. (I)' Maintenance of Batting Cages. City will maintain the fencing on the exterior of the cages and landscape outside the fenced area of the batting cages. 5. SPORTS GROUP OBLIGATIONS. (A) Sanitation and Cleanliness. Sports Group agrees to pick up trash and litter resulting from Sports Group's use of the Premises pursuant to this Agreement and to place it in designated receptacles provided by City. (B) Non-Discrimination. Sports Group agrees that no person may be denied participation in Sports Group's Activities because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. (C) Bylaws. Sports Group shall provide a copy of its bylaws to City upon request. (D) Board Members. Sports Group shall provide a list of current board members with addresses and contact numbers to City upon request. (E) Fee Schedule and Registration Dates. Sports Group shall provide a copy of its fee schedule and registration dates to City upon request. (F) Minutes. Sports Group shall provide copies of its board meeting minutes to City upon request. (G) Other Information. Sports Group shall provide copies of any other information reasonably requested by City to carry out the intent of this Agreement. (H) Batting Cages. Sports Group will maintain all amenities within the batting cages i.e. netting. Sports Group will maintain and supervise the use and scheduled use of the batting cages. The Sports Group,will only use the batting cages for league practices and it will be reserved for league use only. 6. FIELD ALLOCATIONS. The Director will consider all requests for Facilities and allocate the available Facilities according to the best interests of City, subject to, among other things, the following criteria: (A) Use of Facilities. Every effort will be made to allow the use of the Facilities only for their designed purposes. (B) Priority of Use. Priority will be given to sports groups who entered into and remained in compliance with the form of this Agreement during the previous WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 5 OF 15 631633.2 year. Every effort will be made to accommodate new sports groups according to availability of the Facilities. (C) Regular Season and Tournaments. The Director will, in his sole discretion, allocate the Facilities to regular season and tournament play and may assign more than one (1) sports group to any given Facility. (D) Reallocation Prohibited. Sports Group may not reallocate or "sublet" any Facility allocated to Sports Group to any other group, team or individual. Any individual allocations or reservations must be made through the Director. (E) Director's Decision Final. Sports Group agrees to abide by decisions made by the Director as to playability or usability of the Facilities due to inclement weather or maintenance needs. All decisions as to playability and/or usability made by the Director are final. No refund will be made to Sports Group for games or practices missed due to field closures, as solely determined by the Director. (F) Availability of Facilities. Sports Group agrees that all Facilities are the property of City and may be made available for use by all citizens of City, in City's sole discretion. The Director reserves the right to limit Sports Group access to Facilities when not in use by Sports Group (i.e. days that Sports Group has not been scheduled to use the Facilities). 7. FIELD LIGHTING. (A) Sports Group Scheduling of Lighting. The Director will allow Sports Group to set and maintain its own lighting schedule for use of the Premises by virtue of the Musco's Control-Link website (www.control-link.com) ("website"). The Director will train a representative of Sports Group on how to operate the website upon request. Sports Group will be given access only to the Premises that have been allocated to Sports Group for the current season or term of this Agreement. Every effort will be made to avoid duplication of field light access between sports groups, but, in some cases, multiple sports groups may have access to the same Premises' lights. At no time shall Sports Group use lights during a time that has been programmed by another sports group or by City, on behalf of another citizen or user. Sports Group may set its own light schedules according to its needs and agrees that City will not be responsible for setting, altering or deleting lighting schedules. (B) Website Log-on. Sports Group will be provided with one (1) login and one (1) password to the website www.control-link.com upon full execution of this Agreement. This login and password will be valid for so long as this Agreement is in full force and effect. Upon teiiiiination of this Agreement, the login and password will no longer be in effect to access the website. (C) Lighting Charges. Sports Group agrees that it will be responsible for all charges WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 6 OF 15 631633.2 resulting from its use of lights at the Premises. An invoice and detailed report will be delivered to Sports Group at the end of each season and shall be payable to City immediately upon receipt of same by Sports Group,but in no event, any later than seven (7) calendar days from the date of receipt. Failure to remit any payment due City as provided herein may result in Sports Group being suspended from using any and all Facilities for future seasons. Sports Group may request periodic reports throughout the season to check the charges associated with its usage of the lighting on the Premises, and City will provide such reports within a reasonable time. (D) Director's Right to Revoke. The Director will monitor Sports Group's usage of the lighting on the Premises and reserves the right to revoke Sports Group's ability to schedule lights at any time during the season. 8. PERSONNEL. (A) Criminal Background Checks. Sports Group shall provide its own coaches, umpires, referees, officials, volunteers, employees, persons who work with or have contact with children in the course of his/her duties assigned by Sports Group and all other personnel deemed necessary for Sports Group to conduct the Activities on the Premises, regardless of whether any or all are paid or unpaid (collectively, "Personnel"). Sports Group agrees to perform criminal background checks on all Personnel who will work with children. A count of all criminal background checks performed by Sports Group on its Personnel shall be provided to City upon request. (B) Required Age of Personnel. Sports Group shall not employ any Personnel under sixteen (16) years of age. Any Personnel under eighteen (18) years of age working at any Facility must be under the direct supervision of an adult. 9. SPORTS GROUP WEBSITE. Sports Group is encouraged to create and maintain a website ("Sports Group website"), providing current schedules and information to the public. Sports Group's website should be updated, as necessary, throughout the season to contain accurate and timely information. 10. CONCESSIONS. Sports Group may provide concessions on the Premises during the sports season and at any tournaments. Should Sports Group desire to provide concessions, it must have a current concession agreement with City; otherwise, Sports Group concessions are prohibited on the Premises. 11. INDEMNITY. SPORTS GROUP SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CITY, AND SPORTS GROUP AGREES THAT CITY WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE AND/OR RESPONSIBLE FOR, ANY AND ALL CLAIMS, LAWSUITS, LOSSES, LIABILITIES, JUDGMENTS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES (INCLUDING PROPERTY DAMAGE), BODILY INJURY, ILLNESS, DEATH, ECONOMIC WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 7 OF 15 631633.2 LOSS, PERSONAL INJURY, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE AND ATTORNEYS' FEES AND COSTS IN ENFORCING THIS INDEMNITY) OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON(S) AND/OR ENTITY(IES) ARISING, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE AND/OR WILFULL MISCONDUCT, WHETHER BY ACT OR OMISSION, OF SPORTS GROUP, AS WELL AS, ANY NEGLIGENCE, GROSS NEGLIGENCE AND/OR WILFULL MISCONDUCT, WHETHER BY ACT OR OMISSION, OF CITY, IN CONNECTION WITH THE ACTIVITIES CONDUCTED UNDER AND/OR AS A RESULT OF THIS AGREEMENT. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN SPORTS GROUP AND ITS PERSONNEL AS A RESULT OF ANY PERSONNEL'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH SPORTS GROUP, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AS THEY EXIST, MAY BE AMENDED OR IN THE FUTURE ARISING, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE, AND ANY OTHER CLAIM,WHETHER IN TORT, CONTRACT OR OTHERWISE. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY SPORTS GROUP IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY,UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF SPORTS GROUP'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF SPORTS GROUP'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. SPORTS GROUP SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 8 OF 15 631633.2 NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF SPORTS GROUP FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND SPORTS GROUP SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH 11 SURVIVES THE TERMINATION OF THIS AGREEMENT AND/OR DISSOLUTION OF THIS AGREEMENT. 12. WAIVER/RELEASE OF LIABILITY. (A) Sports Group acknowledges and agrees that City is not providing any guarantee, representation and/or warranty, and City hereby disclaims any guarantee, representation and/or warranty, of any work performed by City in connection with the Facilities and/or Premises, in whole or in part, the condition of the Facilities and/or Premises, in whole or in part, or that the Facilities and/or Premises are fit for the purpose for which Sports Group intends to use the same. (B) SPORTS GROUP HEREBY RELEASES CITY FROM AND AGAINST, AND WAIVES ANY AND ALL RIGHTS TO, ANY AND ALL CLAIMS AND/OR DEMANDS FOR DAMAGES (PERSONAL OR PROPERTY),INJURY(INCLUDING DEATH),OR OTHERWISE,IT MAY HAVE WITH REGARD TO ANY WORK PERFORMED BY CITY IN CONNECTION WITH THE FACILITIES AND/OR PREMISES, IN WHOLE OR IN PART, THE CONDITION OF THE FACILITIES AND/OR PREMISES, IN WHOLE OR IN PART, OR THAT THE FACILITIES AND/OR PREMISES ARE FIT FOR THE PURPOSE FOR WHICH SPORTS GROUP INTENDS TO USE THE SAME. (C) Sports Group agrees that City shall not, under any circumstance, be liable and/or responsible for any claim, demand and/or judgment for damages (personal or property), injury (including death), or otherwise, which may, directly or indirectly, in whole or in part, result from any work performed by City in connection with the Facilities and/or Premises, in whole or in part, the condition of the Facilities and/or Premises, in whole or in part, or that the Facilities and/or Premises are fit for the purpose for which Sports Group intends to use the same. 13. INSURANCE. Sports Group, at its own expense, shall purchase, maintain and keep in full force and effect during the term of this Agreement, insurance as set forth below: (A) General Insurance Requirements. Sports Group shall, during the term of the Agreement with City, or any renewal or extension thereof, provide and maintain the types and amounts of insurance set forth herein. All insurance and certificate(s) of insurance shall contain the following provisions: i. Name City, its officers, agents, representatives and employees as WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 9 OF 15 631633.2 additional insureds as to all applicable coverage with the exception of workers compensation insurance. ii. Provide for at least thirty (30) days prior written notice to City for cancellation, non-renewal, or material change or modification of any policies, evidenced by return receipt or United States Mail. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. iii. Provide for a waiver of subrogation against City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. iv. Endorsement applicable to each policy provided. (B) Insurance Company Qualification — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). (C) Certificate of Insurance — A Certificate of Insurance evidencing the required insurance shall be submitted with Sports Group's execution of the Agreement. If the Agreement is renewed or extended by City, a Certificate of Insurance shall also be provided to City prior to the date the Agreement is renewed or extended. (D) Insurance Checklist — "X" means that the following coverage is required for this Agreement. Coverage Required Limits X 1. Worker's Compensation& ® Statutory Limits of the State of Texas Employer's Liability _X 2. General Liability O Minimum $1,000,000.00 each occurrence; and O Minimum $2,000,000.00 in the aggregate. 14. DEFAULT/TERMINATION. If either party violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Any termination will be made with a thirty (30) day advance written notice to the party in default. Failure of Sports Group to comply with any of the telhis and/or conditions of this Agreement could result in Sports Group losing any and all present and/or future privilege of using any Facility. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 10 OF 15 631633.2 15. MISCELLANEOUS (A) Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. (B) Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. (C) Remedies. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without consent of the parties. (D) No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. (E) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. (F) Appropriation of Funds. Funds are not presently budgeted for City's performance under this Agreement beyond the end of City's 2017-2018 fiscal year. City will give Sports Group sixty (60) days' notice if funds for City's performance are no longer budgeted to continue beyond that time. City shall have no liability for payment of any money to perform its obligations herein after the end of City's 2017-2018 fiscal year unless and until such funds are budgeted. (G) Consideration.This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. (H) Indemnification. The parties agree that the Indemnity provision set forth in Paragraph 11 herein is conspicuous, and the parties have read and understood the same. WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 11 OF 15 631633.2 (I) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. (J) Assignment. This Agreement may not be assigned. (K) Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Sports Group, to: Attn: If to City, to: City of Wylie Attn: Public Services Director 300 Country Club, #100 Wylie, Texas 75098 (L) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. (M) Player Fees. Sports Group shall be free to determine its own player fees, if any. (N) Headings. The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. (0) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (P) Reference to Sports Group. When referring to "Sports Group" herein, this WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 12 OF 15 631633.2 Agreement shall refer to and be binding upon Sports Group, its officers, directors, partners, members, Personnel, representatives, servants, volunteers, players, spectators, participants, invitees, agents, vendors, heirs, legatees, legal representatives and/or any other third parties for whom Sports Group is legally responsible. (Q) Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees, contractors, subcontractors and/or any other authorized third parties for whom City is legally responsible. (R) Annual Financial Reports. Upon Request, Sports Group shall provide an annual financial report or third party audit to City detailing the organization's revenues, expenses and disbursements for that year. In addition, Sports Group agrees to provide all tax returns and other financial documents as requested by City. All financial documents, records and detailed accounts of financial operations shall be open to City's Finance Department for review and/or audit with reasonable notice given that such review or audit will occur. Failure of Sports Group to provide annual financial reports in compliance with the provisions of this Paragraph 15(R) shall constitute a breach of this Agreement and may result in termination of the same. (S) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be perfoliiiable in Collin County, Texas. (T) Attorneys' Fees. In any legal proceeding brought to enforce any term of this Agreement, the prevailing party may recover its reasonable and necessary attorneys' fees and expenses from the non-prevailing party as permitted by §271.153, TEX. LOC. Gov'T CODE, as amended. (U) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. TN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. SPORTS GROUP: a WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 13 OF 15 631633.2 Date Print Name: Its: CITY: CITY OF WYLIE, TEXAS, a Texas home-rule municipality Mindy Manson, City Manager Date WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 14 OF 15 631633.2 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the and duly authorized representative of , a Texas and he/she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2018. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is the duly authorized representative for the City of Wylie, Texas and she executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2018. Notary Public in and for the State of Texas WYLIE PARKS ATHLETIC FIELD AND USE AGREEMENT PAGE 15 OF 15 631633.2 Wylie City Council CITY OF ::. Minutes Regular Meeting Tuesday, April 10, 2018—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 Stephanie Storm took roll call with the following City Council members present: Mayor pro tern Keith Stephens, Councilman David Dahl, Councilman Jeff Forrester, Councilwoman Candy Arrington, Councilwoman Diane Culver, and Councilman Timothy Wallis. Staff present included: City Manager Mindy Manson;Assistant City Manager Chris Holsted; Police Chief Anthony Henderson; Assistant Fire Chief Brandon Blythe; Development Services Director Renae 011ie; City Engineer Tim Porter; Public Information Officer Craig Kelly; Finance Director Melissa Beard; Human Resource Director Lety Yanez; Parks and Recreation Director Robert Diaz; Library Director Rachel Orozco; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor pro tern Keith Stephens gave the invocation and Councilwoman Candy Arrington led the Pledge of Allegiance. PRESENTATIONS 00 Presentation by the Wylie Rotary Club to donate $4,000 to the City of Wylie for a park improvement to Olde City Park Mike Agnew, representing the Wylie Rotary Club, presented a donation of $4,000 to Parks and Recreation Director Diaz. 00 National Library Week Proclamation Mayor Hogue presented a proclamation proclaiming April 8 -April 14, 2018 as National Library Week in Wylie, Texas. Members of the Library Board,Friends of the Library, and staff were present to accept the proclamation. 00 Proclamation for Crime Victims' Rights Week Minutes April 10,2018 Wylie City Council Page 1 Mayor Hogue presented a proclamation proclaiming April 8 - April 14, 2018 as Crime Victims' Rights Week in Wylie,Texas. Crime Victims Advocate Angie McIntosh was present to accept the proclamation. 00 National Telecommunicators Week Proclamation Mayor Hogue presented a proclamation proclaiming April 8 - April 14, 2018 as Public Safety Communications Week in. Wylie, Texas. Assistant Fire Chief Blythe and members of the Telecommunication Department(Dispatch)were present to accept the proclamation. 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. Matthew Porter, citizen of Wylie, addressed Council asking if they would consider having the latest NCTCOG update added to an upcoming agenda. 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 27, 2018 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a request for substantial renovations of a residential structure in Jefferson St. and Jackson St., and more specifically at 100 W. Jefferson within the accordance with Ordinance No. 2013-17, generally located at the northeast corner of Downtown Historic District. (R. 011ie, Development Services Director) C. Consider, and act upon, Ordinance No. 2018-10 to change the zoning from Single-Family 10/24 (SF-10/24) District to Planned Development Single-Family District (2018-10-SF) for Patio Homes on approximately 18 acres, generally located at the northwest corner of Brown Street and Westgate Way within the D.W. Williams Survey, Abs A1021, Tr 2. ZC2017-09 (R. 011ie, Development Services Director) D. Consider, and act upon, Ordinance No. 2018-11 to change the zoning from Agricultural—30 District (AG-30) to Business Government (BG) for College or University uses on approximately 54 acres, generally located at Brown Street, and west of Country Club Road. ZC2018-04 (R. 011ie, Development Services Director) E. Consider, and act upon, Ordinance No. 2018-12 to change the zoning from Planned Development 2011-29 (PD-2011-29) to Planned Development - Commercial Corridor (PD- CC), to allow for retail and self-storage uses. Generally located south of the intersection of FM 544 and Woodbridge Parkway (721 & 731 Woodbridge Parkway). ZC2018-03 (R. 011ie, Development Services Director) F. Consider, and act upon, Resolution No. 2018-17(R), of the City Council of the City of Wylie, Texas, approving the Rockwall Central Appraisal District's proposal to renovate the property situated at 841 Justin Road,Rockwall, Texas. (M. Manson, City Manager) Minutes April 10,2018 Wylie City Council Page 2 G. Consider, and act upon, the acceptance of the resignation of Tim Gilchrist and appointment of Danyella Lanier as Board Member to the Board of Ethics to fill the unexpired term of July 2017 to June 2019. (S. Storm, City Secretary) H. Consider, and act upon, Ordinance No. 2018-13, repealing Ordinance No. 2017-33, save and except the amendment to Ordinance No. 84-11, and adopting the 2015 Edition of the International Existing Building Code, save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (B. McCullough, Building Official) I. Consider, and act upon, Ordinance No. 2018-14, repealing Ordinance No. 2017-38; adopting the 2015 Edition of the International Property Maintenance Code, save and except the deletions and amendments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (B. McCullough, Building Official) Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Culver, to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a change of zoning from Agricultural — 30 District (AG-30) to Planned Development for Commercial and Industrial uses (PD-CC- LI) on approximately 8 acres, located at 1900 N SH 78. ZC2018-02 (R. 011ie, Development Services Director) Applicant/Council Comments Mayor Hogue stated the applicant has submitted a letter to withdraw the item for consideration. Public Hearing Mayor Hogue opened the public hearing on ZC2018-02 at 6:31 p.m. asking anyone present wishing to address Council to come forward. No one was present wishing to address Council. Mayor Hogue closed the public hearing at 6:32 p.m. Council Action A motion was made by Councilman Forrester, seconded by Councilman Wallis, to accept a withdraw of a change of zoning from Agricultural — 30 District (AG-30) to Planned Development for Commercial and Industrial uses (PD-CC-LI) on approximately 8 acres, located at 1900 N SH 78. ZC2018-02. A vote was taken and the motion passed 7-0. 2. Consider all matters incident and related to the issuance and sale of "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2018," including the Minutes April 10, 2018 Wylie City Council Page 3 adoption of Ordinance No. 2018-15 authorizing the issuance of such certificates of obligation. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating that at the February 27, 2018. Council meeting, Resolution 2018-12(R) authorizing the publication of the notice of intention to issue certificates of obligation was approved. The notice was published in The Wylie News on March 7, 2018 and March 14, 2018. These certificates of obligation will fund the remodel and expansion of the Public Safety Building. Bids were received for the sale of the certificates on the morning of April 10, 2018. Lindsay Evans, representing Hilltop Securities, addressed Council stating the results from a successful sale took place on the morning of April 10, 2018 and are being presented to Council this evening. She noted that the Moody's rating for the City had been affirmed, and a few credit strengths mentioned were strong management, sizeable growing tax base, and strong liquidity. Evans reported that eight bids had been received earlier in the day with Morgan Stanley being the lowest rate, coming in at 3.234 percent with a cover bid from Citigroup. Council Action A motion was made by Councilwoman Culver, seconded by Councilwoman Arrington, to approve Ordinance No. 2018-15 and all matters incident and related to the issuance and sale of"City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2018," as provided for in Agenda Item#2. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Ordinance No. 2018-16 amending Ordinance No. 2017-26 (2017- 2018 Budget) for proposed mid-year amendments for fiscal year 2017-2018. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating the mid-year budget amendments are generally intended to cover unanticipated revenue and expenditure adjustments to the current budget. There are four funds affected: the General Fund, Parks A&I Fund, Hotel Tax Fund, and Utility Fund. The requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. Citizen Comments Matthew Porter, resident, addressed Council requesting clarification on the positions with title changes. City Manager Manson responded that two positions, Budget Manager and Purchasing Manager, had changes in their job descriptions which affected their salary and more accurately reflects their duties. Leadership for the Public Services department has recently been divided into two positions, a Parks Director and a Public Works Director, after the retirement of the Public Services Director last month. Council Comments Councilman Forrester asked Manson why the corporal positions are being amended mid-year. Manson responded that there was an overlap with different ranks where supervisors were making less than individuals they were supervising. Councilman Wallis asked if staff compared the proposed pay of the corporal position to other municipalities. Manson responded that anytime salary adjustments are being Minutes April 10, 2018 Wylie City Council Page 4 made, staff obtains pay information from the human resource departments of our peer cities so that we are competitive, but don't over or under pay. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Dahl, to approve Ordinance No. 2018-16 amending Ordinance No. 2017-26 (2017-2018 Budget) for proposed mid-year amendments for fiscal year 2017-2018. A vote was taken and the motion passed 6-1 with Councilman Wallis voting against. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Storm read the captions to Ordinance Nos. 2018-10, 2018-11, 2018-12, 2018-13, 2018-14, 2018-15, and 2018-16 into the official record. WORK SESSION Mayor Hogue convened into Work.Sessions at 6:51 p.m. 0o Discussion and possible direction for a future 180-day moratorium on special events involving running,walking, and/or cycling on public right-of-way. City Manager Manson addressed Council stating that staff wanted to get direction from Council on the possibility of enacting a 180-day moratorium on certain types of special events. With the growth in the City and associated traffic, staff believes that the current Special Event Ordinance does not provide criteria for the safe and effective control of events such as 5K races. Issues such as the required manpower from Public Safety, Parks, and Public Services, who covers the cost for that manpower, and approved safe routes continue to be issues as multiple entities submit applications for these events. As staff continues to research sample ordinances from other communities, it is requested that a temporary 180-day moratorium be put in place until an updated ordinance can be presented to Council for consideration. The city attorney has prepared a draft ordinance that can be brought back at a subsequent meeting and is included for review. Mayor Hogue stated that many cities limit the amount of 5Ks allowed during the year and designate specific areas where they have to be held. Councilwoman Arrington asked if the moratorium would affect events that are currently on the calendar. Manson replied that staff has a good idea of what the annual events are so, as long as they file an application and touch base with staff, the City will work with them. Manson clarified that this is addressing events whose participants will walk on the roads or in neighborhoods; not ones held on private property. Manson replied staff does not want to make this moratorium permanent and it could be for a shorter amount of time,just so staff can get the structure and parameters in place to ensure the events are safe. Councilman Forrester requested that the entire special events process be reviewed more broadly. Mayor Hogue stated that something needs to be in place so that staff is aware of planned events and can be prepared. Councilwoman Arrington stated if this is a topic about City staff and resources being used, this is a broader topic that needs to be reviewed to include any events, not just 5Ks. Manson replied that staff is currently reviewing the special events ordinance and comparing ours with other cities. This is a short-term, temporary stop to 5Ks due to safety concerns. Mayor pro tern Stephens stated who pays for a fee and how not-for-profit and for-profit organizations are handled are things to consider. Becky Welch, Run for our Heroes coordinator, addressed Council stating that their not-for-profit group follows the rules for all of the events that they host and their group would have no problem paying a fee Minutes April 10, 2018 Wylie City Council Page 5 to hold an event. She stated she feels a private vs. not-for-profit event might be looked at differently relating to the fee. Councilman Wallis stated if fees are put in place to hold an event he would like to be considerate of the size of the not-for-profit group. He also asked what it costs the City to work an event. Mayor Hogue stated he would like to know how much an event currently costs police, fire, and public works and would like that cost to not only include 5Ks but also Boo on Ballard. Mayor Hogue stated he would also like to know what they City currently pays to use other facilities located in the City. The consensus of council was to proceed with bringing a moratorium to Council for approval with Councilman Dahl, Wallis, and Forrester stating they would like the shortest amount of days as possible up to 180 days. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:24 p.m. ADJOURNMENT A motion was made by Councilman Dahl, seconded by Councilwoman Arrington, to adjourn the meeting at 7:26 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Minutes April 10, 2018 Wylie City Council Page 6 / ' '. Wylie City Council . , AGENDA REPORT Meeting Date: April 24, 2018 Item Number: B (City Secretary's Use Only) Department: Public Works Prepared By: Tim Porter Account Code: Date Prepared: April 9, 2018 Budgeted Amount: Resolution, Interlocal Exhibits: Agreement Subject Consider, and act upon, Resolution No. 2018-18(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Recommendation Motion to approve Resolution No. 2018-18(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Discussion Collin County is in the process of updating the road improvement Interlocal Agreements with various entities within the County. This Interlocal Cooperation Agreement replaces an existing agreement, which is about to expire, approved by the City in September 2014. The Agreement will allow Collin County to continue participation in road and bridge maintenance/improvement projects within the corporate limits of Wylie. The county may assist with general maintenance activities such as the grading, rocking, asphalt level up, seal coating, installation of culverts, cleaning of drainage ditches, mowing or brush cutting, emergency repairs to bridges, and oiling for dust control. As consideration for the services and functions provided by Collin County as part of this Interlocal Cooperation Agreement, the City of Wylie agrees to timely pay Collin County in accordance with the advance cost estimate submitted to them for work requested by the City of Wylie in the amount and upon the following terms and conditions: 1) Payment in full upon completion of work and receipt of bill for same. 2) Payment to equal reimbursement in full for labor, equipment, and material expended by Collin County. Under this Interlocal Agreement, if the County performs maintenance to roads that lie half within County jurisdiction and half within City jurisdiction (roads divided along the centerline), the City pays only one half the total cost of the repairs. Page 1 of 2 Page 2 of 2 Article II, Section 1 C of the City Charter gives the City Council authority to cooperate with other governments (County, City or political subdivision) for any lawful purpose for the advancement of interests, safety, convenience, and welfare of its inhabitants. The Interlocal Cooperation Act, Title 7, Chapter 791, of Vernon's Texas Statutes and Codes Annotated (The Act), and the Constitution of the State of Texas, Article III, Section 64(b) (the Constitution) specifically authorizes counties and other political subdivisions comprised or located within the County to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of the State of Texas, under the terms and conditions prescribed in the Act. RESOLUTION NO. 2018-18(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH COLLIN COUNTY, TEXAS FOR ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement between the City of Wylie, Texas and the Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25, which is attached hereto as Exhibit "A." SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 24th day of April, 2018. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2018-18(R) Interlocal Agreement with Collin County Road Improvements in accordance with Court Order No. 97-576-08-25 EXHIBIT "A" Interlocal Agreement 563458-I INTERLOCAL COOPERATION AGREEMENT Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act") , and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act: and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW,THEREFOR, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas a political subdivision of the State of Texas, and the City of Wylie, political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: I. As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25 (Copy Attached) II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to timely pay to Collin 1 County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. Any payments for Work performed under this Agreement that are not made within thirty days from when such payments are due shall accrue interest as prescribed by the Texas Prompt Payment Act (Tex. Gov't Code ch. 2251). III. To the fullest extent allowed by law, each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement. IV. This Agreement shall be effective October 1 , 2018, or from the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivision who are parties hereto and shall remain in effect through September 30, 2022 unless terminated by either party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. 6. Notices, correspondence, and all other communications shall be addressed as follows: If to Collin County: Name: Address: E-mail: 2 Phone: FAX: If to City: Name: Address: E-mail: Phone: FAX: Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a non-appropriation by the paying party, the performing party shall be relieved of its responsibilities hereunder as of the first day of the fiscal year of such non-appropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this agreement. Dispute Resolution Notice & Conference If a party believes that the other party has not met, or is not meeting, an obligation under this agreement, the party will contact the other's representative to discuss the issue. If the aggrieved party does not believe that this informal contact, discussion, and ensuing efforts have fixed the issue, then the party will notify the other party's representative in writing of the party's belief or complaint with reasonable detail to permit the other party to address the issue. The other party will then have a reasonable time to address the issue and improve its performance. This initial process will take no more than 14 calendar days, unless the parties agree otherwise. If discussions between the parties' representatives do not resolve the issue, then the County Judge, or County Administrator from Collin County and the Mayor, City Manager, from the City of Wylie will meet in person to discuss and try to resolve the issue. This process will take no more than 5 business days, unless the parties agree otherwise. 3 Prerequisites to Filing for ADR or a Lawsuit Neither party may file a claim or lawsuit in any forum before (i) the parties are finished using the cooperation procedures set forth above. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those specifically set out in this Agreement. By signing this agreement, no party waives any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Nothing in this Agreement shall create any rights or obligations as to any party who is not a signatory to this Agreement. A party will not assign its rights or obligations under this agreement, in whole or in part, to another person or entity without first obtaining the other party's written consent. COLLIN COUNTY, TEXAS Date: By: Title: County Judge CITY OF WYLIE Date: By: Title: 4 COURT ORDER NO. 97- 576 -08-25 THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED COUNTY ROAD POLICY/RESCIND PREVIOUSLY APPROVEDX__9URT ORDERS COUNTY OF COLLIN COUNTY ROAD SUPERINTENDENT On August 25, 1997, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchet! Commissioner, Precinct 4 During such session the court considered a request from the County Road Superintendent for approval to rescind previously adopted court orders pertaining to County Road Policies, furthermore, adoption of a revised County Road Policy. Thereupon, a motion was made, seconded and carried with a majority vote of the court to adopt a revised County Road Policy effective October 1, 1997, and rescind previously adopted court orders pertaining to same. Same is hereby approved in accordance with the attached documentation. e Ron am c my udge ,,,,,,,.... 6,,,-i, Phyllis Co Co issioner, Pct. 1 Jerry Hoagland, Co missioner, Pct. 2 e a ne , Q6mmissloner, Pct. 3 Jack HatchGtI{Commissioner, Pct. 4 ATTEST: ,.04I riii, ,, f // I '',:i -tr it, ,,2i izc24:-/A ii ,:j'e 1.,-2:.:,- Helen Starnes, Ex-Officlo i 7: - Commissioners' Court '. '� ' = Collin County, TEXAS ,. s•, - c cwrt97bwMrd.r...adg.$ a`R Commissioner Cole COUNTY ROAD • POLICIES 411) August 25, 1997 TABLE OF CONTENTS County1111) Road Policies (General) Section I Maintenance of Public Roads Page 1 Section II Upgrade of County Roads Page 1,2 Section III Re-opening of County Roads Page 2 Section IV Abandonment of County Roads Page 2 Section V Subdivisions Page 2,3 Section VI Right-of-Way Page 3 Section VII Other Cost Page 3 Section VIII County Projects Page 3 Section IX Extending the Length of a Road Project Page 3 Section X Signs Page 4 Section XI Reimbursement by Property Owners Page 4 Section XII Culverts Page 4 Section XIII Extenuating Circumstances Page 4 Application for Road Upgrading Page 5 General Requirements for Upgrading County Roads Page 6 Upgrading/Acceptanoe of Private Roads in Recorded Subdivisions Page 6 Costs Page 7 County Road Policy (Cities) Section I Maintenance/Improvements to Roads Within City Limits Page 8 Section II Reimbursement for Work Performed by Collin County Page 8 County Road Policy (Oiling/Dust Control) Section I Oiling of County Roads Page 9 Application for Road Oiling Due to Chronic Respiratory Condition Page 10 Assessment Policy for Subdivision Roads Section I Assessment to Upgrade Roads in Subdivisions Page 11 Section II Assessment Procedures Page 11,12 Section III Appeals Page 12 Section IV Liens Page 12 Section V Acceptance Page 12 Section VI Status of Roadway after Acceptance Page 12 1111 Section VII Reimbursement of Funds Page 13 • COUNTY ROAD POLICIES • (GENERAL) • COUNTY ROAD POLICIES (GENERAL) Section I Maintenance of Public Roads A. All public roads located in unincorporated areas of Collin County which are determined by the Commissioners' Court to be county roads,will be maintained by the County. All others shall be considered private roads and will not be maintained by Collin County. B. Roads or sections of roads which are bordered by a city or cities shall not be maintained by Collin County as follows: (a) Any portion of a public road which has been annexed by a city or cities shall not be maintained at county expense. (b) Public roads or portions of public roads which are bordered by a city or cities on one side will be considered to lie in an incorporated area from the centerline of the public road to the city border. That portion which is considered to be in an incorporated area shall not be maintained at county expense. (c) Public roads or portions of public roads which are bordered by a city or cities on both sides will be considered to lie in an incorporated area and shall not be maintained by Collin County. Section II Upgrade or County Roads A. Commissioners' Court will consider upgrading a rock road to an asphalt road provided one of the following conditions are met: (a) Roads with traffic counts of 150 cars per day or greater,which by the determination of Commissioners' Court, should be asphalted due to maintenance costs or other appropriate criteria when the adjacent property owners donate the right-of-way described in Section VI of this policy;or; (b) Roads not on the Collin County Thoroughfare Plan with traffic counts of 125 cars per day or greater,which when determined by the Director of Public Works(County Road Supt.) to have adequate width and drainage can be asphalted due to maintenance costs or other appropriate criteria without obtaining additional right-of-way; or; (c) Roads with traffic counts of 100 cars per day or greater can be asphalted when the adjacent property owners donate the right-of-way described in Section VI of this policy; or; (d) When the adjacent property owners donate the right-of-way described in Section VI of this policy and reimburse the County for the cost of materials required to upgrade the subject road to asphalt by current county standards. To be considered for asphalt, a road must tie into an existing asphalt road, unless the road in question is a"Dead End" road. A"Dead End" road which does not tie into an existing asphalt road can be upgraded, provided its entire length is asphalted. A cul-de-sac shall be required when a dead end road is upgraded. Page SNam nU Continued B. The Commissioners' Court will consider upgrading a dirt road to a rock road provided that the adjacent property owners: (a) Donate the right-of-way described in Section VI of this policy, and (b) Reimburse the county for the cost of materials to upgrade the subject road to the appropriate depth and width of rock Section III Re-opening of County Roads The Commissioners' Court will consider re-opening a county road which has not been maintained by the county in the last 10 years provided that the adjacent property owners: (a) Donate the right-of-way described in Section VI of this policy, and (b) Reimburse the County for the total cost of improvements if the road is to be improved from its existing state Section IV Abandonment of County Roads The Commissioners' Court, by unanimous vote, may abandon a county road upon following procedures required by Vernon's Civil Statute's and the Texas Transportation Code. Section V Subdivisions 411 A. To be considered for maintenance by Collin County, private roads in recorded subdivisions must be asphalt and meet current county standards in regards to width, drainage, culverts, base material type and thickness. B. Private roads in subdivisions which were filed in the County Clerk's Office prior to May 18,1981 will be accepted for maintenance by the county provided there is adequate right-of-way,the roads are asphalt and meet current county standards. C. Private roads in subdivisions which were approved by Commissioners' Court and filed in the County Clerk's Office prior to October 23, 1995 will be accepted for maintenance provided such roads are asphalt and have been built and maintained to county standards. D. Private roads in subdivisions which were filed in the County Clerk's Office after May 18, 1981 that were not approved by Commissioners' Court shall meet the following conditions prior to acceptance: (a) Road right-of-ways must be dedicated to the public and accepted by Commissioners' Court (b) Roads must be asphalt and meet current county standards as described in this policy 410 E Private roads in recorded subdivisions which do not meet county standards can be considered for maintenance by the county provided the landowners donate additional right-of-way, when needed, and provide total funding to upgrade such roads to county standards. Pale 2 Seeder' 'Condased F. Private roads in unrecorded subdivisions will not be upgraded by Coffin County under this policy. To be accepted for maintenance,the subdivision must be platted and the roads constructed,by a private contractor,in accordance with the Coffin County Subdivision Regulations Section VI Right-of-Way A. Right-of-Way shall be in the following form: (a) Right-of-Way which is donated may be in Deed or Easement form;or (b) Right-of-Way which is purchased through negotiations or by eminent domain shall be in Deed form with an actual ownership.(Title)transfer of the land. B. Right-of-Way Width (a) The right-of-way width for roads on the Collin County Thoroughfare Plan shall conform to Collin County design standards. (b) The right-of-way width of roads to be upgraded which are not on the Coffin County Thoroughfare Plan shall be a minimum of(60)sixty feet. (c) When a road which is not on the Coffin County Thoroughfare Plan is a candidate for upgrading, the requirements for right-of-way may be waived by Commissioners' Court provided the required pavement width and drainage are adequate within the existing right-of-way. (d) Right-of-way widths may be waived by Commissioners' Court upon review of engineering information which indicates a different width is appropriate. Section VII Other Cost The cost involved for surveying, to prepare Deeds or Easements,re-locate fences,utilities (if in a private easement beyond the existing prescriptive right-of-way),culverts or other existing improvements may be borne by the county if such cost does not exceed twenty-five percent(25%)of the total project cost. When property owners are required to incur total cost to upgrade a road, the above cost shall not be borne by the County. Section VIII County Projects All projects shall be brought to the attention of Commissioners' Court for consideration. Section IX Extending the Length of a Road Project A road project which has been approved by Commissioners' Court may be extended in length when approved by the Director of Public Works(County Road Superintendent), provided that all requirements outlined in this policy have been met. Page 3 Section X Signs Regulatory and warning signs placed along county roads shall be in accordance with the Texas • Manual on Uniform Traffic Control Devices. Section XI Reimbursement by Property Owners Upon Commissioners' Court approval of a road project which requires reimbursement from the adjacent property owners,the property owners involved must place the required amount of money in escrow in a Collin County bank and provide the required right-of-way prior to the commencement of the project. Section XII Culverts Drive culverts within county road right-of-ways shall be permitted and sized by the County. Only corrugated metal or high-density polyethylene culverts will be permitted. Culverts shall be a minimum of thirty(30)feet in length unless the driveway over the pipe is concrete. In which case,the culvert may be the width of the driveway. New drive culverts must be installed at the expense of the property owner. Existing culverts within county road right-of- ways will be replaced as needed by the County at county expense. Section XIII Extenuating Circumstances Any extenuating circumstances not covered under this policy shall be brought to the attention of Commissioners' Court for consideration Page 4 APPLICATION fOR ROAD UPQBADING 41111 Requesters'Name: Date: Mailing Address: Home Phone Work Phone MobiVPager Type of wade requested: Dirt to Rock Dirt to Asphalt Rock to Asphalt Private Road County Road No./Name: Subdivision Name: Location/Extent of Road(s)to be upgraded: FOR COUNTY USE is Road on Thoroughfare Plan? Yes No Right-of-Way Required: elComments: Utility Comments: Culvert/Drainage Comments: Fence Comments: Initial Cost Estimate: Materials Labor _Other Total Comments _ Prepared Bv: _Date: Date Mailed: Page 5 GENERAL REOUIREMENTS FOR UPGRADING COUNTY ROADS 4110 An application requesting a road upgrade must be submitted to the Public Works Department specifying the location and approximate length of road or section of road to be upgraded. If more than one person is involved, please designate a single contact. An approximate cost estimate with right-of-way requirements will be prepared by the Public Works Department and sent to the requester. To proceed with the upgrade,the Public Works Department must be notified in writing of the requester(s)willingness to pay for material costs and donate right-of-way,when applicable. The request will be brought to the attention of Commissioners' Court for consideration. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided, if different than the original estimate. Right-of-Way documents,when required, will be prepared by Collin County for signature. Money for material costs shall be placed in an escrow account by the requester(s). The project will be scheduled for construction after these items have been addressed. IJPGRAD1NG/ACCEPTANCE OF PRIVATE ROADS IN RECORDED SUBDIVISIONS Subdivision must be recorded and meet the requirements specified in Section V of the County Road policies. Ali roads in the subdivision must be upgraded/accepted. Minimum right-of-way width shall be sixty(60) feet as required by Section VI,B.,(b)of the County Road Policies. When engineering information indicates that the existing right-of-way is not adequate, additional right-of--way will be required. A request must be submitted to the Public Works Department specifying the name and location of the subdivision in question. Please designate a single contact person for the county regarding this project. An approximate cost estimate will be prepared by the Public Works Department and sent to the requester. To proceed, the Public Works Department must be notified in writing of the requester(s) willingness to pay for all costs involved with the upgrade. The request will be brought to the attention of Commissioners' Court for approval. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided if different from the original estimate. 4110 Money must be placed in an escrow account prior to the project being scheduled. If applicable, all fences, utilities or other improvements must be relocated prior to scheduling. Page 6 COSTS Since material costs fluctuate,the written cost estimate we have provided you will be honored for the period indicated(typically 6 months). The cost estimate for materials will be based on the type upgrade requested. pin toJtocdc A blend of(6"loose) crushed native white rock with(3"loose)flex base to improve traction and minimize dust. Pin to Asphalt: A blend of(4"compacted)crushed native whiterock with(6"compacted)flex base and two Layers of asphalt surface treatment. Rock to Asphalt: Two Layers of asphalt surface treatment,any additional rock will be paid for by Collin County since it is an existing rock road. private Road in Recorded Subdivision: Since conditions vary,subdivisions will be evaluated on a case by case basis. If you have any additional questions,please feel free to call the Public Works Department at • Metro 424-1460 ext. 3740 or{972) 54$-3700. Mail or Fax Annilcation To: Collin County Service Center 700A West Wilmeth Road McKinney, Texas 75069 Fax Number (972) 548-3754 • Psgre 7 • COUNTY ROAD POLICY • (CITIES) • COUNTY ROAD POLICY (CITIES1 • Section I Maintenance/Improvements to Roads Within City Limits A. Each city in Collin County is responsible for maintaining the roads and bridges within their city limits. B. Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corporate limits of cities as Collin County has limited funds, personnel and equipment available for these projects. C. Commissioners' Court may consider making or participating in improvements to roads and bridges within the corporate limits of a city as follows: (a)General maintenance items to include rocking,grading,asphalt level up, sealooating, oiling for dust control,installation of culverts, cleaning of drainage ditches, mowing or brushcutting and emergency repairs to bridges. (b). Major improvements such as the construction or reconstruction of roadways will only be considered if the road is on the Collin County Thoroughfare Plan. D. A city must be entered into an Interlocal Cooperation Agreement with Collin County • prior to work being performed by Collin County for that city. E. All requests must be submitted to the Director of Public Works by April 1st of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by Commissioners' Court upon the merits presented by the requesting city. F. Authorization for work in cities can only be given by Commissioners' Court. Section II Reimbursement for Work Performed by Collin County A. Costs for road and bridge repairs or improvements will be as follows: (a)Cost of materials used for the project or one-half of the total project(including labor and equipment),whichever is greater, if the road is on the Collin County Thoroughfare Plan. (b)Total cost, including materials,labor and equipment if the road is not on the Collin County Thoroughfare Plan. page s • • COUNTY ROAD POLICY • (OILING/DUST) • COUNTY ROAD POLICIES (OILING/DUST CONTROL) 110 Section I Oiling of County Roads County funds shall be expended to spray county roads for dust control as follows: a) When a person has a chronic respiratory condition,substantiated by a physician, the county will oil up to 500 feet in front of their house. If the house is located at a road intersection,the roads will be oiled for up to 500 feet in both directions from the intersection. Priority will be given to elderly residents. b) When the traffic count on a road reaches a minimum of 150 cars per day, oil will be applied on an interim basis until the road can be upgraded to asphalt. If the right-of-way required to upgrade a road is unobtainable,the road will no longer be oiled at county expense. c) When county trucks are hauling materials to or from a project site damaging the road surface and creating a severe dust problem. d) Other conditions as approved by action of the Commissioners Court. B. All other requests for oiling in unincorporated areas of the county would be at the requester's expense. Collin County shall be reimbursed for the cost of materials. Page 9 Collin County Department of Public Works 700 A West Wilmeth Road McKinney, Texas 75069 (972)548-3700 FAX No. (972) 548-3754 Application for dust control oiling due to chronic respiratory condition RESIDENT PATIENT Name: Name: Physical Address: Physical Address: Mailing Address: Mailing Address:_ Phone: Phone: Date of Birth: County Road No.: Application is good for this calendar year only 1) Approximate distance residence is from county road. feet 2) Number of years lived at this residence. years 3) What side of road is residence located? 110 Circle one: North South East West To be completed by physician. Allergy which interferes with breathing or is life threatening Interstitial Pulmonary TB Pulmonary Fibrosis Lung Abscess Hypoxemia Asthma Sarcoidosis Bronchiolitis Asbestosis Dyspnea Emphysema Cystic Fibrosis Other chronic/life threatening respiratory conditions: How long has patient had this condition: Last episode: Other comments: Physician Name (Please print) Physician signature/specialty 4111 Date: Phone No.: APPLICATION SHOULD BE MAILED OR FAXED FROM THE DOCTOR p97:o1ffonn Page 10 0 • ASSESSMENT POLICY FOR 0 SUBDIVISIONS • ASSESSMENT POLICY FOR SUBDIVISION ROADS • Section I Assessment to Upgrade Roads in Subdivisions A. Collin County may upgrade county roads as outlined in Senate Bill 314, Article 6702-3, on a first come basis or as specified by Commissioners' Court provided the initial funds are available or made available to the county. Only roads in recorded subdivisions will be considered for upgrade by assessment. B. Commissioners' Court may consider upgrading a road or roads by assessment within subdivisions in un-incorporated areas of Collin County upon receipt of a written request from the Property Owner's Association or individual landowners agreeing to adhere to the following terms prior to construction: (a) Donation of additional right-of-way,drainage or utility easements,when required. (b) If a road lies within an unrecorded subdivision,the addition must be approved by Commissioners' Court and a plat filed for record at the County Clerk's Office. (c) Payment for all utility relocations. These costs will not be included in the assessment. • (d) Payment for all surveying platting, replotting and legal fees(to include title fees, assignment of liens, etc.). These costs will not be included in the assessment. (e) Payment for all project cost to include materials,equipment and labor. This includes all cost whether by in-house forces or contract. (f) Placement of 10% of the construction cost in an escrow account in a Collin County Bank. (g) Placement of SO%of the utility relocation cost in an escrow account in a Collin County Bank. Section II Assessment Procedures A. After the conditions in Section I have been met,the following procedures are required before the assessment can take place: (a) Commissioners' Court must give notice of the proposed improvement and assessment and must hold a public hearing. The notice must be published at least twice in a newspaper of general circulation in the county and shall state that a public hearing will be held to consider whether or not the improvement and • assessment will be ordered. rise I i Soction II Coco:mad (b) Within 10 days of the public hearing,Commissioners' Court shall send by certified mail, a ballot to each owner of real property showing the maximum amount of assessment for each property in the subdivision should a majority of the record owners of real property in the subdivision vote in favor of the proposition. (c) If the vote passes, Commissioners' Court may provide the time,terms and conditions of payment and default to the assessment,except that no interest on the payment of the assessment shall be allowed. (d) If the vote fails, Commissioners' Court may not order the improvement and assessment,and may not propose the order again until four years after the date the County Clerk declares the results of the vote to Commissioners' Court. (e) An assessment shall be secured by a lien against the real property of the assessed property owner. Section III Appeals An assessment may be appealed by filing a petition in the district court having jurisdiction in the county not later than the 15th day after the date that a property owner receives an assessment. 4110 Section IV Liens An assessment shall be secured by a lien against the real property of the assessed property owner. Liens on all property shall remain in place until such time that the entire assessed amount has been paid to Collin County. Property owners are separately, not jointly,liable for their assessed amounts. Section V Acceptance When all of the requirements set out in Section I and II of this policy have been met and if funds are available from Collin County the project will be accepted. If it will require an excessive amount of time to relocate the utilities and begin the actual upgrading of the road/roads the Commissioners' Court may direct that a minimum amount of maintenance be performed to assure the health and safety of the property owners. Section VI Status of Roadway after Acceptance A road improved under this article is a county road, and the county shall maintain the road in accordance with county road standards. • Section VII Reimbursement of Funds A. Prior to the actual road upgrading and upon completion of the utility relocation the balance of the utility relocation cost shall be paid to Collin County or the respective utility company. (This includes the 50%escrowed monies plus the remaining 50% balance of the relocation cost) B. Upon completion of the upgrading,the 10% escrowed monies shall be reimbursed to Collin County. C. The 90%balance of the project cost including construction and other related cost as noted in Section 1 of this policy shall be the total assessed amount and shall be collected by the county over an amortized period,not to exceed sixty months. • Page 13 Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: C Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: April 18, 2018 Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2018-19(R), a Resolution of the City of Wylie, Texas finding that Oncor Electric Delivery Company LLC's application for approval of a Distribution Cost Recover Factor pursuant to 16 Tex. Admin. Code § 25.243 to Increase Distribution Rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the Company; 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. Recommendation Motion to approve Resolution No. 2018-19(R), a Resolution of the City of Wylie, Texas finding that Oncor Electric Delivery Company LLC's application for approval of a Distribution Cost Recover Factor pursuant to 16 Tex. Admin. Code § 25.243 to Increase Distribution Rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the Company; 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. Discussion On April 5, 2018, Oncor Electric Delivery Company LLC ("Oncor" or "Company") filed an Application for Approval of a Distribution Cost Recover Factor ("DCRF") to Increase Distribution Rates with each of the cities in their service area. In the filing, the Company asserts that it is seeking an increase in distribution revenues of $19,002,177. The resolution authorizes the City to join with the Steering Committee of Cities Served by Oncor ("OCSC") to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. Purpose of the Resolution: The purpose of the Resolution is to deny the DCRF application proposed by Oncor. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Explanation of`Be Tit Resolved" Paragraphs: 1. This section authorizes the City to participate with OCSC as a party in the Company's DCRF filing, PUC Docket No. 48231. 2. This section authorizes the hiring of Lloyd Gosselink and consultants to review the filing, negotiate with the Company, and make recommendations to the City regarding reasonable rates. Additionally, it authorizes OCSC to direct any necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. 3. This paragraph finds that the Company's application is unreasonable and should be denied. 4. This section states that the Company's current rates shall not be changed. 5. The Company will reimburse Cities for their reasonable rate case expenses. Legal counsel and consultants approved by OCSC will submit monthly invoices that will be forwarded to Oncor for reimbursement. 6. This section 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. 7. This section provides that Oncor and counsel for OCSC will be notified of the City's action by sending a copy of the approved and signed Resolution to counsel. RESOLUTION NO. 2018-19(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR APPROVAL OF A DISTRIBUTION COST RECOVERY FACTOR PURSUANT TO 16 TEX. ADMIN. CODE § 25.243 TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; 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. WHEREAS, the City of Wylie, Texas ("City") is an electric utility customer of Oncor Electric Delivery Company LLC ("Oncor" or "Company"), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor ("OCSC"), a membership of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor's service area; and WHEREAS, on or about April 5, 2018 Oncor filed with the City an Application for Approval of a Distribution Cost Recovery Factor ("DCRF"), PUC Docket No. 48231, seeking to increase electric distribution rates by approximately $19,002,177; and WHEREAS, all electric utility customers residing in the City will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, Cities are coordinating its review of Oncor's DCRF filing with designated attorneys and consultants to resolve issues in the Company's application; and WHEREAS, Cities members and attorneys recommend that members deny the DCRF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the City is authorized to participate with Cities in PUC Docket No. 48231. 1 7630501 Resolution No.2018-19(R) Oncor increase distribution rates within the city should be denied Section 2. That subject to the right to terminate employment at any time, the City of hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. Section 3. That the rates proposed by Oncor to be recovered through its DCRF charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. Section 4. That the Company shall continue to charge its existing rates to customers within the City. Section 5. That the City's reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of presentation of an invoice to Oncor. Section 6. 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. Section 7. That a copy of this Resolution shall be sent to Stephen N. Ragland, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, General Counsel to the Cities, 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 24th day of April, 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary APPROVED AS TO FORM: City Attorney 2 7630501 Resolution No.2018-19(R) Oncor increase distribution rates within the city should be denied Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: D Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: April 16, 2018 Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2018-20(R) establishing a temporary moratorium on the acceptance, processing and approval of any application for a city permit or license for use of public right-of-way in the city of Wylie for races, competitions or other special events involving running walking or cycling; imposing the moratorium to maintain the status quo for a period of one hundred twenty (120) days or until the adoption and implementation of new regulations governing such uses of the public right-or-way; providing for waivers; making various findings and provisions related to the subject; and providing for an effective date. Recommendation Motion to approve Resolution No. 2018-20(R) establishing a temporary moratorium on the acceptance, processing and approval of any application for a city permit or license for use of public right-of-way in the city of Wylie for races, competitions or other special events involving running walking or cycling; imposing the moratorium to maintain the status quo for a period of one hundred twenty (120) days or until the adoption and implementation of new regulations governing such uses of the public right-or-way; providing for waivers; making various findings and provisions related to the subject; and providing for an effective date. Discussion With the growth in the City and associated traffic, staff believes that the current Special Event Ordinance does not provide criteria for the safe and effective control of events such as 5K races. Issues such as the required man-power from Police and Fire, who covers the cost for that manpower, and the establishment of approved safe routes continue to be issues as multiple entities submit applications for these events. During the April 10th work session, Council raised several concerns regarding possible Special Event rules. As staff continues to research sample ordinances from other communities and bring back best practice options for Council discussion and review, it is requested that a temporary moratorium be put in place. The proposed duration of the moratorium has been reduced from 180 days to 120 days based on comments received during the work session. Additional work sessions will be scheduled prior to finalizing possible ordinance amendments. (Rev 01/2014) Page 1 of I RESOLUTION NO. 2018-20(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF ANY APPLICATION FOR A CITY PERMIT OR LICENSE FOR USE OF PUBLIC RIGHT-OF-WAY IN THE CITY OF WYLIE FOR RACES, COMPETITIONS OR OTHER SPECIAL EVENTS INVOLVING RUNNING, WALKING OR CYCLING; IMPOSING THE MORATORIUM TO MAINTAIN THE STATUS QUO FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS OR UNTIL THE ADOPTION AND IMPLEMENTATION OF NEW REGULATIONS GOVERNING SUCH USES OF THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR WAIVERS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas ("City") is authorized to manage and control access to the public right-of-way within the City to ensure the health, safety and welfare of the public; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that use of the public right-of-way, including streets and other roadways, within the City for races, competitions and other special events involving running, walking or cycling has posed significant health and safety risks for pedestrians, motorists and others, placed undue burden on public resources and caused inconvenience to the City's residents; and WHEREAS, the City Council finds that it is in the best interest of the City and its citizens to impose a temporary moratorium on the acceptance, processing and approval of all applications for City permits and licenses relating to the use of the public right-of-way within the City for races, competitions and other special events involving running, walking or cycling in order to preserve the status quo and allow City staff and the City Council reasonable time to review, conduct research, receive public input and evaluate, develop and implement any appropriate regulations that may better protect the health, safety and welfare of the public; and WHEREAS, the City Council finds that a moratorium of one hundred and twenty (120) days is a reasonable length of time and no longer than necessary for the City to properly investigate, develop and, if appropriate, adopt and implement any new regulations with respect to the use of the public right-of-way for such events; and WHEREAS, the City Council has provided ample public notice and opportunities for citizen input on this moratorium; and WHEREAS, the City Council finds that the public and persons organizing and participating in such events will not be unduly prejudiced by the imposition of the moratorium described below. Resolution No.2018-20(R) Establishing Moratorium on Use of the Public Right-of-Way Page 1 of 3 for Certain Special Events 2369749 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Moratorium Established. The City Council hereby establishes a moratorium on the on the acceptance, processing and approval of all applications for City permits and licenses relating to the use of the public right-of-way within the City for races, competitions and other special events involving running, walking or cycling effective immediately upon passage of this Ordinance and for a period of one hundred twenty (120) days thereafter or until the adoption and implementation of new regulations governing such uses of the public right-of-way, whichever is earlier. The moratorium imposed under this section shall not affect or in any way apply to completed applications for such permits or licenses that were lawfully submitted prior to the effective date of this Ordinance. SECTION 3: Waiver. An organizer or participant may request a waiver of the application of this temporary moratorium to a particular race, competition or other special event by submitting a written application to the City Manager with the reasons for the waiver request along with supporting documentation. The waiver request must be submitted at least five (5) business days before, but not more than ten (10) days before, a regularly scheduled City Council meeting. The City Council may approve a waiver application, in which case the applicant may submit an application for processing, if the following conditions are satisfied: (a) the applicant will suffer undue hardship if the moratorium is not waived, that being something beyond or in addition to financial hardship; (b) it is in the public interest to allow a limited exception to the moratorium; and (c) authorizing the waiver will not adversely impact the health, safety or welfare of the public. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 5: Effective Date. This Resolution shall be effective from and after its passage. [The remainder of this page intentionally left blank.] Resolution No.2018-20(R) Establishing Moratorium on Use of the Public Right-of-Way Page 2 of 3 for Certain Special Events 2369749 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24th day of April, 2018. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Resolution No.2018-20(R) Establishing Moratorium on Use of the Public Right-of-Way Page 3 of 3 for Certain Special Events 2369749 Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: April 13, 2018 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2018. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for March 31, 2018. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 i 2017-2018 Investment Report March 31, 2018 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 $14,769,462.04 MMA 1.5156% Texpool 12/31/2006 NA 2 $15,301,588.92 MMA 1.4995% TexStar 3/15/2011 NA $30,071,050.96 Total Weighted Average Coupon: 1.5074% Money Markets: $30,071,050.96 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $30,071,050.96 OiF !irk Wylie City Council tt° AGENDA REPORT Meeting Date: April 24, 2018 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: April 13, 2018 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2018. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2018. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 o�U�� ��� |�� CITY n ��/ xv , ^-/�- MomT*LYnmAmowL RspomT March o1.un10 mwmuAL oumnEmT YToAoTuAL Benchmark auooET MONTH ACTUAL YToAoTuAL Aa4PERCENT 50.00% ACCOUNT DESCRIPTION 2017-2018 2017-2018 2017-2018 OF auoGEr GENERAL FUND REVENUE SUMMARY TAXES 28.900.050 548.036 24.716.570 85.33% A FRANCHISE FEES 2.089.000 14.815 818.567 30.44% B LICENSES AND PERMITS 872.000 102.446 508.844 58.35% INTERGOVERNMENTAL REV. 873.500 579 448.742 51.49% SERVICE FEES 3.397.000 306.152 1.017.883 47.03% C FINES AND FORFEITURES 576.400 43.004 233.761 40.56% D INTEREST INCOME 40.000 15.144 00.955 152.38% MISCELLANEOUS INCOME 145.500 11.210 123.547 84.91% OTHER FINANCING SOURCES 2.100.807 3.810 2.174.765 100.37% E REVENUES 3e.727.065 1.106.156 30.704.644 77.29Y6 USE Or FUND BALANCE 3.309.153 NA NA NA p USE Or CARRY-FORWARD FUNDS 110.523 NA NA NA TOTAL REVENUES 43.212.747 NA NA m4 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 82.847 3.173 35.086 42.35% CITY MANAGER 971.857 124.770 458.407 47.17% CITY SECRETARY 439.280 27.378 209.586 4771% CITY ATTORNEY 155.000 10.904 52.865 34.11% FINANCE 1.248.481 189.887 030.689 50.51% FACILITIES 810.328 44.008 280.659 35.12% MUNICIPAL COURT *71.134 45.085 207.505 36.33% HUMAN RESOURCES *94.733 *9.070 270.092 45.41% PURCHASING 173.228 17.953 77.815 44.80% INFORMATION TECHNOLOGY 1.237.534 49.082 008.888 4920% POLICE 9.380.911 881.238 4.*58.297 48.57% FIRE 8.429.884 854.560 3.703.976 43.94% EMERGENCY COMMUNICATIONS 1.789.774 125.073 082.844 38.15% ANIMAL CONTROL 039.772 55.518 250.775 3920% PLANNING 037.466 59.393 301.475 4729% BUILDING INSPECTION 580.448 54.618 244.337 43.14% CODE ENFORCEMENT 237.105 23.239 90.829 40.84% STREETS 3.293.708 274.194 1.155.035 35.07% PARKS 2.873.715 210.718 1.004.371 37.50% LIBRARY 2.105.042 199.614 943.298 44.81% COMBINED SERVICES 7.213.845 414.930 4.774.038 66.18% G TOTAL EXPENDITURES 43.263.8e0 3.810.*07 20.553.627 47.51% REVENUES omER/(umoEp)EXPENDITURES -51.1*3 -2.704.251 10.151.017 2e18% A. Property Tax Collections for FY17'18annf March 31 are 88.88Y6.in comparison toFY10'17 for the same time period of98.51Y6. 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 2016-17 revenue.YTD Actual consists of only five months of billings. D. Fines and Forfeitures:Actual revenues are down 20.14%compared to this time last year.Citations are tracking below estimates for the year. E.Other Financing Sources include the annual transfer from the Utility Fund&insurance recoveries received this fiscal year. F.Use of Fund 8a|onoa: For Replacement/New Fleet&Equipment and Transfer to PGB Renovation/Expansion Fund. G. Due to one-time expenditures including annual insurance payments and transfer/othe PGB Fund. CITY OF WYLIE MONTHLY FINANCIAL REPORT March 31,2018 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00% ACCOUNT DESCRIPTION 2017-2018 2017-2018 2017-2018 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 17,295,000 1,380,210 7,083,298 40.96% H INTEREST INCOME 22,000 3,821 20,628 93.77% MISCELLANEOUS INCOME 30,000 1,464 10,462 34.87% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 17,347,000 1,385,495 7,114,388 41.01% USE OF FUND BALANCE 322,000 NA NA NA I USE OF CARRY-FORWARD FUNDS 245,000 NA NA NA TOTAL REVENUES 17,914,000 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 411,081 34,522 187,591 45.63% UTILITIES-WATER 2,683,996 261,244 877,123 32.68% CITY ENGINEER 544,147 43,025 195,460 35.92% UTILITIES-SEWER 875,079 77,034 315,440 36.05% UTILITY BILLING 488,199 40,039 215,686 44.18% COMBINED SERVICES 14,165,986 824,713 8,586,998 60.62% J TOTAL EXPENDITURES 19,168,488 1,280,577 10,378,298 54.14% REVENUES OVER/(UNDER)EXPENDITURES -1,254,488 104,920 -3,263,911 -13.13% H. Most Utility Fund Revenue billed in October was applicable to FY 2016-17.YTD Actual consists of only five months of billings. I. Use of Fund Balance:For Replacement/New Fleet&Equipment. J.Due to annual transfer to the General Fund and annual debt service payments made in February. Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: G Department: WEDC (City Secretary's Use Only) Prepared By: Angel Wygant Account Code: Date Prepared: April 18, 2018 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2018. Recommendation Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2018. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on April 18, 2018. Page 1 of 1 Wylie Economic Development Corporation Statement of Net Position As of March 31,2018 Assets Cash and cash equivalents 394,511.39 Receivables 210,000.00 Note 1 Inventories $ 8,902,929.85 Prepaid Items Total Assets $ 9,507,441.24 Deferred Outflows of Resources Pensions 66,481.55 Total deferred outflows of resources $ 66,481.55 Liabilities Accounts Payable and other current liabilities 69,896.55 Unearned Revenue 120,000.00 Note 2 Non current liabilities: Due within one year 627,511.73 Note 3 Due in more than one year $ 3,535,515.61 Total Liabilities $ 4,352,923.89 Deferred Inflows of Resources Pensions $ 2,839.41 Total deferred inflows of resources 2,839.41 Net Position Net investment in capital assets Unrestricted $ 5,218,159.49 Total Net Position $ 5 218 159.49 Note 1: Includes incentives in the form of forgivable loans for$210,000.00 Note 2: Exco amortization;deposits from rental property Note 3: Liabilities due within one year includes compensated absences of$63,028 Note 4: The WEDC provides monetary incentives to companies to relocate/expand within the City of Wylie. At March 31,2018,these commitments totaled$633,000 4-1.2-20111 04:SX (N CIE? 01 WYLsE PALE: L BALANCE SHEET AS C7F, E RcE S1ST: 2018 11.1-WYLIE ECONOMIC DEVEL CORP ACCOUNT TITLE ASSETS 1(70-1 311 41 (:(Arm ON CASH I CASH T1UIV 292,51€,20: 111111-10111 CASH - WEDC - S111S4 D 0.111 100 -10125 ESCROW 0.00s 1 00-101k1%.1 DEPOSITS 2,000:0) 3?U0 1 C111111 OTHER - 41 C; CLEARING 0.00 10110300,141 TE100OI 0.00 1€00-10341 LoGIC';, 0.00 11100-10481 INTEREST RECEIVABLE 0.00 1000-1.1EII ATICTS REC - MI.SC.. 4E.041: 1000-11E1 A ACC:TE EEC - SALES TAX 0.00 1 t)E0x 12110 LEASE PAYMENTS S".L DEIVaABLI 0.00 1021-1295 LOAN PROCEEDS 'RECEIVABLE 0.01; 10 0-12111C„ LOAN RECEIVABLE 0.00 1000-1111"2 7 AI;`,CTE RE;C 3114 TECH 0 00 1 410 0-1 2 9 11E ACC".TS ((It. 214(0iVEANLE LOANS 210,000.00 1000-14112 INVENTORY - T!ATEd;TAIX SUPPLY 0,00 111011-9.4116 INVENTORY - LAME I BUILDINGS BLBO:w,4211.8E 1000 141111 INVENTORY - BARGC11 SANDER'"PBLVD 0.00 1(1P1UREIREC1 PREPAID SERE 1SES P: .MES 0.00 1 00 1 443 C"1 DEFERRED OUTFLOWS E.111,41C1C9.1) 1 t 1411,441.24 11D''EAI ASSETS 10,1301,4 1.2EwwwwwELEGETAGE LIABILITIES sswosEsoswo 2 Al 1-2 11t1 FEDERAL INCOME TAX PAYABLE 0.00 2004 Ci11.1 MEDICARE P"AYABLAE, 0 00 211OS-P0112 CHILD SUPPORT PAYABLE 11.00 20 1C1-2C1113 CREDIT 131110N PAYABLE 0.00 2000-2011 A➢ IRS LEVY PAYABLE 0.00 2000-2011 5 NATI,w^r1111ITE PF c'EP E11 CoND 0.00 21(11.241 11, HEALTH LEMUR PAY-EMPLOYEE P (1mtP1 2000-20117 EXITS PAYABLE 0100 241000-2111S EDER TEA PAYABLE 0,011 2000.-2(11 1 E MC 2E11 85' COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0,11) 21LS4-2Q121 TEC PATOLLE., 0.00 22000-201.22 STUDENT LOAN LEVY PAYABLE. 0.41E 711011-201.21 ALIMONY PAYABLE 11.01 2 00-2;1124 E1411181PTit,Y' PAYABLE 0,110 2000-20112E 11(Aiot DEFERRED COMP 0.00 2000-2012EA sC.NA PAYABLE 0,00 X0 0CP 20127 GNP. LEGAL SERVICES E:SI PA°1AE(LrT,: 2000-201.30 FLEXIBLE SPENDING ACCOUNT' S7S.R04 POMOP201 1 EDWARP` 1C111ES DEFERRED COMP 41.00 2010 2111.12 11411 CARE FLITS 2.67x"1 21100-2111 S.1 ACCRUED WAGES PAYABLE 0.00 2000-20180 AUDIT EMPLOYEE 'NSU2 PAY 13.45- 201111-20113B 1PTEC° PAYROLL PAYABLE LE 4,O h 4-12-2018 04 I UI TY OF WF LI E PAGET 9 821.LANCE. it REIT AS OF: MAP$ 31.9T„ 2026 11129IF2JE IN JET DEVRL CIRRP Act:OUNTR TITLE 2600-20201 Al PENDING 7,633.90 2000.-2022.0 Aceouns PAYABLE 61, 311O 60 2000-20530 PROPERTY TARES PAYIVOLS 0.00 2000-2 as40 NoTES PAYABLE 633,20.CJIO 2000,-20810 DUE To GENSRAI„ FuNr) 0 00 2000-22270 DEFERRED 'INFLOW 117,000..00 2000-22275 DEE RIIIELOW tRAsE PRINCIPAL, 0.60 2000-2.2280 REFERRED NFLoW 2 LEASE INT 0.00 2090-2291S RENTAL TIC'PO'I L000 Oa TOTAL I, LI TIEs 922„896 55 EQUITY 3000-'34110 FUND 36.126Nos - RESERVED o 00 39100-34690 FUND BALANcERUNREsERVIoNDEsio 9„727,298,57 'IOTA? ,99,61.9219IN0 9206 T1 TOTAL REVENUE 921,997.93 TOTAL EXPENSES 1„332,191.81 REVENI.E, OVERLIUNDER). EXPENSES 110•1,73.881 Youkt RourFY 3 OUPIRS(UNDER) o91.77 944 69 TOTAL LIR ST LITTER EuOIFF I, IV??/(UNDER'1, 10„L40,4,11.24 4:-1 _201R Cl4;34 PM CIs11 OE WYLIE PAGE 1 BA1200 E: SHEET AS 1+EA MARCH 31'ST>, 2018 22-6 EN LONG 'TA1R?4 BEET 1E1:"f ? ACCOUNT uUJT TITLE" AS "E s 1010-111312 GOVERNMENT 011TE 0.t311 1000-1811u1 LOAN ® 4P417i' 0.11E) 100£1-i112E1 LOIN _ EIEINIINE3ELA0 0.F13 111¢70-182140 011)11'NT To 11F PROVIDED 0.00 1000 1822t1 Ell RN AG.A.iAM LOAN 3.C 10011a1S050 110 OUTFLOW m CON 1°F*.BUT ONS 27,922.21 10)00n-131135 DEE' 01.1Ti'L0EN INVESTa0ENT 0E° 31,3 3.413 1C)11°-1'1«:C1° D'l 13E!"Tk'LQW - ACTEa1CP/P'3S01141> 4,:." 5,78` 11100-1 11 5 (GA,Iq?N)/LOSS UN AS 010401ION Oho 2(8A9.41) 630 642.I4 TOTA1: A:"1T'S AA,A642.13.> LIABILITIES 2000--20310 1 1140EASA')00 (ABSENCES f.I"»; P`S°t`e4I33 0 80,879.88 22000 ,203:£,1 COMP ABSENCES SAYABLE-CIJRRF1T t1,110 20110-21,1'112 ACCRUED INTERE)T 1)1YA00E. 1,64 .1E' 2t7t10--I80E13 IL 1 LOAN ACLI RENT Et:,,033.80 2000-28220 110E41132010 64 LOAN 11.G N 2000— 823t1 Y810,10 1)A14 0.00 2000-28232 ANS LOAN/EDGE'... 0.B2 2)00-28233 ANE1 LOAN 111EDDIw0341114NITE 48E4231.80 2006-282=34 AN23 OAN/I0A013'ACE: AUGNgS 0.00 21130-28235 ,0,14E LOAN 10,00 2000-2823.6 AENI3 CON TR11"CTION LOAN 0,01 20E111-28237 ANw13 LOAN/ WOO 11,A4 6 GE' 1"A.41.F1A0 4I11,325.36 20E)0 2F2 3N3 AA00 LOAN/BtIC 1ANA11 19,151.F1I '10t'1-28239 A.1E1 LOAN AJ NES:A°AART PAYOFF 95,009.40 2000-28241) 111(0 f304 1,11(N4 0,00 101 0-2£1245 ANA 5.,OAAN/DA,LI15 G11(1I000001 2,000,000.00 2000-282=17 ,I.AA2ARA LOAN '5.6,'1.32,53. 2/00-2E250 CT Y OF W"t'i.LIE1 LOAN': 0,09'.. 21090-29290 ?RIME 01JTN LOAN 0,0 2 390-12823i, 1304l`I AIDDiANIAIASONN L43AN 0,00 2..000-1r E121.11 in2)21 TAT ONE: (:,4,2 AD LOAN 0.111 211C11)2TR2912 HOBART'COMMERCE LOA1»N 11.03 20011-29150 NET 21:115ION LIABILITY 18A,812.17 TOTAL LIAE3.ILIT TES 4,225,425.00 EQUITY 3(.10) 34591) IlDNI) E1T0LA11C;:N-C1NRA'1:N301CNNDES1171 4,3611(437 3t)) 3 b 3,53110 LlN4I1ES TA I CTA1) NET POSITION 4,4I 3,011) 7''111AL £1@,132NNING EQUITY- 1.. 4,483,406,3() TOTA2, 1..000011E 0,00 "N'CTAS. :XPEN300 (' 321,E2AA3.)) 4-12-2018 04:39 P4 CITY OF WYLIE PAGE t 2 BALANCE SHEET AS OF: MARCH 31ST, 2018 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE REVENUE OVER/(UNDER) EXPENSES 321,623.38 TOTAL EQUITY & OVER/(UNDER) ( 4,161,782.92) TOTAL LIABILITIES, EQUITY I OVER/(UNDER) 63,642.14 4--12-2O18 04:41 PM CITY OF WsL E AGF,: I REVENUE:AND EXPENSE REPORT — 0,INAUDIT;C) ill-E+"a"PIF° F,.ONICC4 BIEVEL CORP El,NANS;In1E. SUMMARY CURRENT CURRENT PRIOR YEAR Y-7—D YmT—Ik E1Rt.{.CE"1' S t7c 'r'tW)DGRT POPCC9D PG ADJUST AC TOl7. ENCUMBRANCE BALANCE 4:UDGF:".: CI0111t1E 400NA5CF`; AXES 2,831,474.00 182,852.50 0.00 B35,264.63 0.00 1 96,20F .37 243.50 INTERGOVERNMENTAL REV.. 0.00 E7.400 0.00 0.00. 0,00 I!.LItC ill.€lt`.: INTEREST 1NF cvE i 1,9,57,RS 51,816.35 0.11C1 57,97 PF 0,00 d 43,035.21 8 :397.'11 N'ISCEOLANE1`tIS INCOME 1,601a,020.000 9,1.:l5.21 19.03, 28, ,40.21 0,00 1,577,279.79 1.79 OTHER FINAN INC; SOURCES CES 0.00 0.10' 0,00 0.00 11,171 0.00 0.110 TOTAL REVENUES 1,452,451.88 1+93,164,06, 0.000 921,997.93 0.00 3,530,453,95 20,11 EXPENDITURE E01101 Y DEVELOPMENT CORP— E,,1C0 IL' 9,r '.0+3 260,567.66 0.00 I,332,1 11,1a1. 4,728,00 3,522,359,19 2.'7 51 "'OTA1, EXF'ON 9I¶URPS ,859,259.0t1 6€7,5e6'1.C's6 0.00 1. 3 i2,1`d 1,.81.:. 4,'r1' .lC CC 3-1 522,353.1..0 27.51 REVENUE a1V R,(UNDER) EXPENDITURES ( 406,801.12 ( 16,703.6 ) 0.00 410,173.88) ( 4,728.00) 8,091.t to 10.1.+3k7' 4-12-2018 04:41 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNA(JDITED) AS OF: MARCH 31ST, 2018 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % Or BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 0.00 0.00 0,00 0.00 0.00 0.00 0.00 4000-40210 SALES TAX 2,831,474.00 182,852.50 0.00 835,264.63 0.00 4.090,9L37 0.2950, TOTAL TAXES 2,831,474.00 182,852,50 0.00 835,264.63 0.00 1,996,209.37 29,50 INTERGOVERNMENTAL REV, 4000-43518 380 ECONOMIC AGREEMENTS 0.00 0 00. 0.00 0 00. 00 0.00 0.00 0. ,.., _ _ TOTAL INTERGOVERNMENTAL REV. 0.00 0,00 0.00 O.00 0.00 0.00 0.00 INTEREST INCOME 1000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0,,00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 309.59 0.00 2,440.37 0 00 559.63 81.35 4000-46140 TEXPOOL INTEREST 0.00 0.00 0,00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0,00 0.00 0.00 4000-46150 INTEREST EARNINGS 2,502.66 318,67 0.00 1,205.16 0.00 1,297.50 48.16 4000-46160 LOAN REPAYMENT (PRINCIPAL) 9,455.22 51,248.09 0.00 54,347.56 0.00 ( 44,892.34) 574.79 4000-46210 BANK MONEY MARKET INTEREST 0.00 O.00 0,00 0.00 0.00 0 00 0.00 TOTAL INTEREST INCOME 14,957.88 51,876.35 0.00 57,993.09 0.00 ( 43,035.21) 387.71 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 103,200.00 9,135.00 0.00 59,740.00 0.00 43,460.00 57.89 4000-48310 RECOVERY - PRIOR YEAR EXPFN 0.00 0,00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 0.00 0.21 0.00 0.21 0.00 ( 0.21) 0.00 4000-48430 GAIN/(LOSS) SALE OF CAP ASS 1,502,820.00 0,00 0 00 ( 31 000.00) 0 00 1 533 820.00 2 06- TOTAL MISCELLANEOUS INCOME 1,606,020.00 9,135,21 0.00 28,740.21 0.00 1,577,279.79 1,79 OTHER FINANCINC SOURCES 4000-49160 TRANSFER FROM GENERAL FUND O.00 0,,00 0.00 0.00 0,00 0.00 0,00 4000-49325 BANK NOTE PROCEEDS 0.00 0.09 0,00 0,00 0,00 0.00 0,00 4000-49550 LEASE PRINCIPAL PAYMENTS (0 0,00 0.00 0,00 0.00 0.00 0.00 0,00 4000-49600 INSURANCE RECOVERIES 0.00 0.09 0..00 0,00 0,00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0,00 0.00 TOTAL REVENUES 4,452,451.88 243,864.06 0.00 921,997.93 0.00 3,530,453.95 20.71 4-12-2018 04:41 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MARCH 31ST, 2018 ill.-WYLIE ECONOMIC DEVIL CORP DEVELOPMENT CORD-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET ' OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611 51110 SALARIES 284,473,00 32,750.19 0,00 137,071.32 0.00 147,401.68 43.18 5611-51130 OVERTIME 0.00 0.00 0,,00 0.00 0,00 0.00 0.00 5611-51140 LONGEVITY PAY 1,309„00 0.00 0..00 1,300.00 0.00 9.00 99.31 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0,00'I 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0,00 0.00 0..00 0.00 0.3)1 0.00 0.00 55611.-51170 PARAMEDIC: INC_°,NTIVE 000 0,00 0,00 0.00 0.00'. 0.00 0.00 5611-51210 CAR ALLOWANCE 12,600.00 1,453.89 0.00 6,092.49 0,00 6,507.51 48.35 5611-51220 PHONE ALLOWANCE 4,656.00 0.00 0.00 2,328.00 0,00. 2,328.00 50.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51260 MOVING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.0C 5611-51310 TMRS 44,996.00 5,213.45 0..00 22,603.78 0.0L1- 22,392.27. 50.29 5611-51410 HOSPITAL & LIFE INSURANCE 36,671.00 3,251.16 0:00 19,014.16 0,00:` 17,656.84 51.85 5611-51.415 EXECUTIVE HEALTH PLAN 0.00 0.00 0:.00 0.00 0.00 0.00 0.00 5611.-51420 LONG-TERN! DISABILITY 1,622.00 174.82 0,.00 577.17 0,09 1,044.83 35.58 5611-51440 FICA 18,500.00 2,077,43 0.00 6,428.48 0.00'' 12,071.52 34.75 5611-51450 MEDICARE 4,327.00 485.84 0;00 2,016.67 0.00' 2,310.33 46.61 561.1-51470 WORKERS COMP PREMIUM 786.00 0.00 0:,00 419.48 0.00. 366.52 53.37 5611-51480 UNEMPLOYMENT COMP (TWC) 810.00 0.00 0.00 0.00 0.00 810.00 0.00 TOTAL PERSONNEL SERVICES 410,750.00 45,406.78 0.00 197,851.55 0.00 212,898.45 48.17 SUPPLIES 5611 52030 OFFICE SUPPLIES 16,140.00 260.17 0„00 5,953.77 0 00 10,186.23 36.89 5611-52040 POSTAGE & FREIGHT 980.00 7.15 0. 00 133.55 0.00 846.45 13.63 5611.-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0..00 0.00 0.00 5611-52810 FOOD SUPPLIES 2,250.00 136.49 0.,00 1,140.07 000 1,109.93 50.67 5611-52990 OTHER 0.00 0.00 0.00 0.00 0,00 0.00 0.00 TOTAL SUPPLIES 19,370.00 403.81 0.00 7,227.39 0.00 12,142.61 37.31 MMATERIALS_.FOR-MAINTENANC 561.1 54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 987.50 0.00 2,012.50 32.92 5611.-54990 OTHER 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.30 TOTAL MATERIALS FCR MAINTENANC 8,000.00 0.00 0.00 987.50 ^'0.00 7,012.50 12,34 CONTRACTUAL SERVICES 5611 56030 INCENTIVES 997,069.00 103,355.78 0.00 402,353.63 0.00 584,715.37 40.76 5611-5E040 SPECIAL SERVICES 276,276.00 27,244.62 0.00 195,874.55 4,728.00 75,673.45 72.61 561.1-56080 ADVERTISING 146,355.00 6,095.00 0.00 22,519.00 0.00 123,836.00 15.39 5611-56090 COMMUNITY DEVELOPMENT 52,350.00 3,993.51 0.00 28,597.82 0.00 23,752.18 54.63 5611-56110 COMMUNICATIONS 9,936.00 512.14 0.00 2,894.13 0.00 7,041.87 29.13 5611-56180 RENTAL 29,328.00 2,441.00 0.00 16,915.98 0.00 12,412.02 57.68 5611-56210 TRAVEL & TRAINING 36,450.00 1,778.06 0.00 9,752.92 0.00 26,697.08 26.76 5611-56250 DUES & SUBSCRIPTIONS 29,598.00 709.32 0.00 18,503.04 0.00 11,094..96 62.51 5811.-56310 INSURANCE 3,810.00 0.00 0.00 2,772.47 0.00 1,037.53 72.77 5611-56510 AUDIT 6 LEGAL SERVICES 33,000.00 5,320.00 0.00 21,759.13 0.00 11,210.87 65.94 5611-56570 ENGINEERING/ARCHITECTURAL 30,000.00 0.00 0.00 0.00 0.00 30,000,00 0.00 5611-56610 UTILITIES-ELECTRIC 4,900.00 185.88 0.00 1,551.58 0.00 3,348.42 31.66 TOTAL CONTRACTUAL SERVICES 1,639,072.00 151,638.31 0.00 723,491.25 4,728.00 910,849.75 44.43 4 .2-201H H4.1,41 ➢I CITY OF EtYLIE ua4::2 4 REVENUE AND EXPENSE REPORT - 4UNlODITE11 S OF: MARCH 315T, 2111 Ill-I"SFF ECONOMIC k1F.VF:L CORP DEVELUr REN`1 CORP-WLDF DEPARTMENTAL. EXPENDITURES CURRENT 1.'Rn::NT PRIOR YEAR vu^-CI 8-T-D BUDGET % OF [UI'I') PERIOD R'1 "411,11.75;T, ACTUAL TM,N4'1(811RAFl U. BALANCE BUDGET 11FFE1T SF.4V11,1 uAR. R1 U 511-5011i DEBT SERVICE 1,429. 80.93 17.00 0.470 2.110 17.00 1F429058 .9 0.00' 5611-514,0 FRiNi1I12A1, PAYMENT 4+1I,231.52 504203, 12 0.00:' 2210642.58 0.170; I19,581.94 22.0' 0611-5"415 INTEREST EXPENSE 1.10,023.5H 120414.84 0..00 811,418.54 0.00 580055.01 59..24 5111-5 71,0 BAH 17I:11"1' EXPENSE F1.110 0,00 0,00 12,FIF1 0.01 1.0C1 0.10 °2o„AL DEBT 'ThIVILE. 4 CAL. R.R.R?r 2,009,13311 1C1 6.2,1111.16 .. - 0.011 4112,611,12 0,00 1,600,221.88 20.113 CAPITAL L OUTLAY 5611-5F11113 LAND-PURCHASE PRICE 270,231.00 523,844.35 0,.0' 522,844,35 0,00 196,386.6.5 24,50 54511-581210 DEVELOPMENT REES 0.000 1.'I 2+.110 C.F✓i 0.01' l'1.00 5.410 5611-51Ft F LAND-BETTERMENTS 0,00 0.00 0.470:: 0.8) 0.00 0.00 11.00 0.1111. 5L11-,;F1210 STREETS 4 AILEY'S' 11.00 0,:10 0.00'; 0.011 0.4111' 0.00 0.02 561i-28410 SANITARY RE8ER 0,00 0.00 F1.10' 11.011 0.00 0.00 0.011 a111. 8810 S:1'MO11TER 114RD SOFTWARE.. 1,1100.05 0.C10 0.110 0.10 0,00 1,000.01F 0.01.1 5611 FURN1'i'LR,F' 4 FIXTURES 1,0110.00 0.01.8 11.00 0.00 0,0) 1000.00 0.061 551i-58910 C1197S,P1,NFr,S 0.00 0.00 0.110 0.111 0.00 11,011 0.00 5611-580+75 8C1NT114 CAPITAL OUTLAY 0.s.0C� ( 573,814.25) IF.1,1 F 5?3,1144..'.5F 0.00 ��73.8414,18 0.00,.a��� ..,.,.:.�...»W. ..,.�..M ..:..........A-.�.....�uw -. .�.�...W...... ..,..w ..., TOTAL [CAPITAL. OUTLAY 212,221.00 11.110 0.0E7 0,50 0.00 122,221.00 1.0, OTHER FINANCIN1:. (US4S1 '611--511111 .....TRt'€NDEER TO GENERAL. FUND 0.00 1F,011 0.00 11.50 0.00 0.00 0,00 5Ci11-1s+11HO TRANSFER TO TS[kRU1•;'H ARF TM" 0»7C1 0.00 0.00 0,00 11.00 tk. 1? 0.00 5611-594311 TRANSFER. To 4:11RITAL I.-40w1 .0 0.00.. 0.00 0.00 0.00 0.00. 0.00:. 0.00 5511-59+111C1 PROJECT ACC 118TTNO 0.000.00 0.00F).11C1 F1_C15 €1.'F1 11.1111 TOTAL. OTHER. FINANCING. (USES) 0.1 5 t.470 0.00 1.100 0.00 H.00 40 'F) TOTAL DEVELOPMENT LDRP-WEDC 4,859,259.0026a0,562.41 0.110 10 322.,171.1 ^,,72F1.C11 2,5220 35 3 1 F1 27.51 TOTAL EXPIND1TURLS 41,859,253.8F0 2430,562.6 0.00 1,222,121,81 ,,"128»113 0,520,:150.11F 27.5I REVENUE OVER (UNDER) RXFF.NDITURI' ( I Fit,F1i02.12( (' 16,103. :1) 1 1' (; 410,1 1' .88) f 4,128.41FF) 8,094.21, 1FF,F5 END OF REPORT Wylie Economic Development Corporation Balance Sheet Sub Ledger March 31, 2018 Notes Payable Date of Rate of Principal Purchase Payment Beginning Bal. Principal Interest Interest Balance March 1, 2018 4,007,825.94 ANBTX-88130976 WOODBRIDGE PKWY (#43 of 60) 8/15/14 13,267.93 488,128.05 12,277.94 989.99 2.61 475,850.11 ANBTX-88148481 BUCHANAN(#43 of 60) 8/13/14 7,331.95 128,117.52 6,929.45 402.50 3.77 121,188.07 ANBTX-88149711 PEDDICORD/WHITE(#39 OF 120 12/12/14 7,382.45 525,444.94 5,543.39 1,839.06 4.20 519,901.55 ANBTX-88158043 K&M/HOBART(#30 of 48) 9/2/15 8,745.25 160,748.23 8,209.42 535.83 4.00 152,538.81 ANBTX-88157334 LINDUFF/EDGE(#30 of 36) 10/21/15 17,059.81 425,644.91 15,652.82 1,406.99 4.25 409,992.09 ANBTX-88158357 DALLAS WHIRLPOOL(#16 of 60) 11/22/16 varies 2,000,000.00 0.00 6,222.22 4.00 2,000,000.00 JARRARD GRAYS AUTO(#15 OF 120) 12/1/16 3,109.15 271,534.56 2,090.90 1,018.25 4.50 269,443.66 March 31, 2018 $50,703.92 $12,414.84 3,948,914.29 Wylie Economic Development Corporation Inventory Subledger March 31, 2018 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. Ind Ct-Hwy 78 7/06 -4/16 Ind Ct-Hwy 78 3.03 1,928,306 Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300,493 2,228,799 Regency Regency Pk. 6/4/10 25 Steel Road 0.65 n/a ww 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 n/a 150,964 McMillan 8/24/17 105 N. Jackson 0.26 n/a 89,482 1,207,438 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 Squire Gallagher 3/14/18 Squire-lot 2-4 2.67 6,000 573,844 573,844 Total 28.30 $876,959 50,974 $8,902,930 $8,902,930 *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. (**) Costs Basis adjusted for partial sale of property(.28 acres or 22.76% of the property at a cost basis of$170,755.53). WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF APRIL 2018 MONTH WEDC WEDC WEDC DIFF % DIFF 2016 2017 2018 17 VS 18 17 VS 18 DECEMBER $166,418 $197,808 $184,849 -$12,959 -6.55% JANUARY 163,463 196,347 191,896 -4,452 -2.27% FEBRUARY 260,166 276,698 275,668 -1,030 -0.37% MARCH 167,082 191,648 182,852 -8,795 -4.59% APRIL 154,920 168,844 163,485 -5,359 -3.17% MAY 238,646 244,816 JUNE 180,194 191,732 JULY 212,620 223,571 AUGUST 268,976 261,573 SEPTEMBER 197,339 210,974 OCTOBER 201,506 195,549 NOVEMBER 270,426 267,816 Sub-Total $2,481,757 $2,627,376 $998,750 -$32,595 -3.16% AUDIT ADJ - TOTAL $2,481,757 $2,627,376 $998,750 -$32,595 -3.16% WEDC SALES TAX ANALYSIS $300,000 . 250 000 - $200,000 : - $150,000 $100,000 - $50,000 $0 i i - r 9 ,,_:- 45 Co CO 2 d N 2 7 7 1 E = 2 ° ¢ 2 -' °) E o E a) m . 2 Q a) 2") a) aa)) -) ii a 0 o 0 f� Z e Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: H Department: Police (City Secretary's Use Only) Anthony Henderson Prepared By: Chief of Police Account Code: Date Prepared: April 16, 2018 Budgeted Amount: $61,880.04 Exhibits: Agreement 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-18-T- 0001 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 19, 2018 through September 8, 2018 for a sum not to exceed $61,880.04. 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-18-T- 0001 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 19, 2018 through September 8, 2018 for a sum not to exceed $61,880.04. Discussion The U.S. Army Corps of Engineers has awarded the City of Wylie a $61,880.04 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 $97.30 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 I SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 55 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 W9126G18T0001 20-Mar-2018 7.FOR SOLICITATION a.NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCAL TIME INFORMATION CALL: CHRISTOPHER A AINSWORTH 817-886-1084 12:00 PM 19 Apr 2018 9. ISSUED BY CODE W9126G 10.THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: %FOR: US ARMY ENGINEER DISTRICT,FORT WORTH - -WOMEN-OWNED SMALL BUSINESS(WOSB) SMALL BUSINESS ELIGIBLE UNDER THE WOMEN-OWNED ATTN:CESWF-CT - -SMALL BUSINESS PROGRAM 819 TAYLOR ST,ROOM 2A17 FORT WORTH TX76102-0300 -HUBZONE SMALL - NAICS: _ BUSINESS -EDWOSB 922120 SERVICE-DISABLED TEL: 817-886-1043 VETERAN-OWNED 08(A) SIZE STANDARD: FAX: 817-886-6403 SMALL BUSINESS 500 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 13a.THIS CONTRACT IS A MARKED RATED ORDER UNDER DPAS(15 CFR 700) 14.METHOD OF SOLICITATION SEE SCHEDULE RFQ IFB X RFP 15. DELIVER TO CODE '967430 16.ADMINISTERED BY CODE LAVON LAKE PROJECT OFFICE MICHAEL KINARD 3375 SKYVIEW DRIVE WYLIE TX 75098-5775 TEL:972-442-3141 FAX:972-442-1109 17a.CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE OFFEROR CODE TELEPHONE NO. - 17b.CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.UNLESS BLOCK SUCH ADDRESS IN OFFER BELOW IS CHECKED 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) X-27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3.52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4.FAR 52.212-5 IS ATTACHED. ADDENDA RARE_ARE NOT ATTACHED X- 28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29.AWARD OF CONTRACT:REF. -COPIES TO ISSUING OFFICE.CONTRACTOR AGREES TO FURNISH AND -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.NAME AND TITLE OF SIGNER 30c.DATESIGNED Sib. 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 PAGE 2 OF55 (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 n RECEIVED INSPECTED 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 _ COMPLETE I I I I PARTIAL FINAL PARTIAL FINAL _ 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 PREVIOUS EDITION IS NOT USABLE Prescribed by GSA—FAR(48 CFR)53.212 «ti TO: LLS, Army Corps of Engineers DATE: April 17, 2018 SUBJECT: Contract for Increased Law Enforcement Services 2018 Labor: Patrol Officers~ 636 hrs. x $47,39 hr. $30,140,04 (Average O/T rate for Officers working this contract) Supervisor: 16 hrs 77,52 hr. $1,162,80 Clerical Support: 20 hrs. x $40 83 hr. $816.60 Dispatch (weekends & holidays), 372 hrs. x $34,90 hre $12,982,80 Total: $45,102,24 FICA/Medicare, .0765 45,102.24 $3,450,32 T S. 1508 x $45,102 24 $6.801,42 Worker's Comp; ,0215 x $45,102 24 $969,70 SupplementalDeath: .0084 46.1 t 2 24 S378.86 Total: $11,600.30 Total Labor: $56,702.54 Vehicle Cost 9500 mi. X .648 (IRS Rate) 5,177, C1 Total Contract; $61,880.04 Labor/Vehicle: $61,880,04 / 636 hrs. $97,30 per hour Anthony Henderson Chief of Police Wylie Police Department ent Section SF 1449-CONTINUATION SHEET ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 Job Funded Amt: FY18 CILE-Wylie PD NAICS CD: 922120 FY18 Contract for Increased Law Enforcement(CILE)for that part of Lavon Lake ,FSC CD: R499 lying within the City of Wylie,Texas for the purposes of enforcement of State and local criminal and civil laws. 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. Only a warranted Contracting Officer(either a Procuring Contracting Officer (PCO)or an.Administrative Contracting Officer(ACO)),acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk. BID SHEET CONTRACT FOR INCREASED LAW ENFORCEMENT SERVICES LAVON LAKE 2018 WYLIE POLICE DEPARTMENT COST PROPOSAL LABOR COST: Salary Analysis for 2018 lake patrol based on average overtime rates of all deputies projected to perform work on this contract, 636 hours. Average Overtime Rate (Salary) $ FICA % $ Retirement % $ Health Ins Avg. Cost % $ Worker's Comp % $ Supplemental Death % $ Other (explain) % $ TOTAL Labor Cost per Overtime Hour $ VEHICLE COST: 3 Includes depreciation, amortization of equipment, insurance, maintenance cost, fuel used for contract services, and overhead) Est. Mileage x $0.54.5 (Fed. Std. Mileage Rate) = $ TOTAL Vehicle Cost /Hour $ MISCELLANEOUS COST: TOTAL Misc. Cost, if any $ CONTRACT SUMMARY: Total Labor Cost per Man-Hour $ Total Vehicle Cost per Hour $ Total Misc. Cost per Hour $ TOTAL COST/HOUR $ x Total Hours x 636 hrs. TOTAL CONTRACT PRICE $ 4 PWS PERFORMANCE WORK STATEMENT (PWS) Increased Law Enforcement Services, Town of Wylie Lavon Lake 2018 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 perfolin 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 perfoliii 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. 1.3 Period of Performance: Contractor shall provide described services on certain days of the week from 19 May through 8 September, 2018,. for a total of 636 patrol hours, further specified in Appendices A & B to this PWS. Effective start date is 19 May 2018 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 5 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 foi mat 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. 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. 6 (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: http://www,ssc.nasa.gov/environmental/pdf/AffirPro.pdf. 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 Officer 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 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. 7 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) 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 8 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 perfoilnance 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 Surveillance Objective 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 and verifiable contract services were Summaries turned in by discretionary law presence and performed. Contractor Contractor will be enforcement actions in actions in the coordinated in advance with examined by QA POC to specified areas to help designated areas at Corps key personnel in the ensure accuracy prior to keep the peace and the specified days event of an unforeseen event authorizing payment. increase public safety and times. which prevented an officer in parks and other from serving all or part of a designated Corps areas shift, which would not be IAW para 1.2. billable to the Government. 9 TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE Number of Medium/ Deliverable Frequency Copies Foiiiiat Submit To Contact manager Once within 5 One copy Hard copy, US Army Corps of and alternate days of contract FAX, or email Engineers designated in award Attn: Michael Kinard writing IAW 3375 Skyview Drive para 1.4.12 Wylie, Texas 75098 Invoice for Submitted to One copy of Hard copy, US Army Corps of contract services Corps by the 5th the invoice, FAX, or email Engineers performed; of every month, submitted to Attn: Michael Kinard includes billing listing contract the Corps QA 3375 Skyview Drive start/end dates, services POC Wylie, Texas 75098 hours worked, performed total charges during the IAW para 1.4.17 previous calendar month. Daily To Corps with One copy Hard copy, US Army Corps of Enforcement monthly invoice FAX, or email Engineers Action Attn: Michael Kinard Summaries IAW 3375 Skyview Drive para 1.4.2 Wylie, Texas 75098 10 APPENDIX A PATROL SCHEDULE 2018 May-18 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Total hours = 76 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1500- 1900=4hrs 1900- 2300=4hrs 20 21 22 23 24 25 26 1500- 1500- 1100- 1900=4hrs 1900=4hrs 1500=4hrs 1900- 1900- 1500- 2300=4hrs 2300=4hrs 1900=4hrs 1900- 1900- 2300=4hrs 2300=4hrs 1900- 2300=4hrs 27 28 29 30 31 1100- 1100- 1500=4hrs 150084hrs 1500- 1.500- 1900=4hrs 1900=4hrs 1900- 1.900- 2300=4hrs 2300=4hrs 1900- 1900- 2300=4hrs 2300=4hrs 11 W9126G18T0001 Page 12 of 55 Jun-18 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1900- 2300=4hrs 1100-1500=4hrs Total -lours 164 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 3 4 5 6 7 8 9 1900- 1900- 1500-1900=4hrs 2300=4hrs 2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 10 11 12 13 14 15 16 1900- 1900- 1900- 1500-1900=4hrs 2300=4hrs 2300=4hrs 2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 17 18 19 20 21 22 23 1900- 1900- 1500-1900=4hrs 2300=4hrs 2300=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 24 25 26 27 28 29 30 1100-1500=4hrs 1900- 1900- 1500- 1500-1900=4hrs 2300=4hrs 2300=4hrs 1900=4hrs 1500-1900=4hrs 1900- 1900-2300=4hrs 2300=4hrs 1900-2300=4hrs 1900- 2300=4hrs 1900-2300=4hrs W9126G18T0001 Page 13 of 55 Jul-18 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1500- 1900- 1100- 1100- 1900- 1900- 1100- 1900=4hrs 2300=4hrs 1500=4hrs 1500=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1900- 1500- 1500- 1500- 2300=4hrs 1900=4hrs 1900=4hrs 1900=4hrs 1900- 1900- 1900- 2300=4hrs 2300=4hrs 2300=4hrs 1900- 1900- 1900- 2300=4hrs 2300=4hrs 2300=4hrs 8 9 10 11 12 13 14 1500- 1900- 1900- 1100- 1900=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1900- 1500- 2300=4hrs 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 15 16 17 18 19 20 21 1500- 1900- 1900- 1900- 1100- 1900=4hrs 2300=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1900- 1500- 2300=4hrs 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 22 23 24 25 26 27 28 1500- 1900- 1900- 1100- 1900=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1900- 1500- 2300=4hrs 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 29 30 31 W9126G18T0001 Page 14 of 55 1500- 1900- 1900=4hrs 2300=4hrs Total 1900- ours 2300=4hrs 10 Aug-18 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 1900- 1900- 1100- 2300=4hrs 2300=4hrs 1500=4hrs Total ours 1500- 144 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 5 6 7 8 9 10 11 1500- 1900- 1900- 1900- 1100- 1900=4hrs 2300=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1900- 1500- 2300=4hrs 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 12 13 14 15 16 17 18 1500- 1900- 1900- 1100- 1900=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1900- 1500- 2300=4hrs 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 19 20 21 22 23 24 25 W9126G18T0001 Page 15 of 55 1500- 1900- 1900- 1900- 1100- 1900=4hrs 2300=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1900- 1500- 2300=4hrs 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 26 27 28 29 30 31 1500- 1900- 1900- 1900=4hrs 2300=4hrs 2300=4hrs 1900- 2300=4hrs Sep-18 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1100- 1500=4hrs Total ours 1500- = 1900=4hrs 1900- 2300=4hrs 1900- 2300=4hrs 2 3 4 5 6 7 8 1100- 1100- 1900- 1900- 1100- 1500=4hrs 1500=4hrs 2300=4hrs 2300=4hrs 1500=4hrs 1500- 1500- 1500- 1900=4hrs 1900=4hrs 1900=4hrs 1900- 1900- 1900- 2300=4hrs 2300=4hrs 2300=4hrs 1900- 1900- 1900- 2300=4hrs 2300=4hrs 2300=4hrs 9 10 11 12 13 14 15 W9126G18T0001 Page 16 of 55 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Grand Total Hours = 636 W9126G18T0001 Page 17 of 55 APPENDIX B HOURS BY MONTH 2017 May: 22 shifts X 4 hours = 76 hours (Includes Memorial Day) June: 39 shifts X 4 hours = 164 hours July: 50 shifts X 4 hours = 180 hours (Includes Independence Day) August: 37 shifts X 4 hours = 144 hours September: 16 shifts X 4 hours = 72 hours (Includes Labor Day) Total= 636 Hours W9126G18T0001 Page 18 of 55 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 GRAND TOTALS ***For all arrests and evictions include details on back*** Officer Number: Date: Signature: W9126G18T0001 Page 19 of 55 QASP QUALITY ASSURANCE SURVEILLANCE PLAN Contract for Increased Law Enforcement Services, Lavon Lake, FY 2018 WYLIE POLICE DEPARTMENT 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, 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. W9126G18T0001 Page 20 of 55 W9126G18T0001 Page 21 of 55 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. PerformanceObjective ...y����� t d, ��� ����Perf r n+ce����� Method..o fSurveillance� ..: Threshold The contractor shall The contractor All required shifts were Contractor's Daily provide additional provided visible covered and the Enforcement Action patrolling presence and presence and specified contract Summaries turned in by discretionary law actions in the services were Contractor will be enforcement actions in designated areas perfoiined. Contractor examined by QA POC to specified areas to help at the specified coordinated in advance ensure accuracy prior to keep the peace and days and times. with Corps key authorizing payment. increase public safety in personnel in the event parks and other of an unforeseen event designated Corps areas. which prevented an officer from serving all or part of a shift, which would not be billable to the Government. 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 W9126G 18T0001 Page 22 of 55 CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC/ CAGE 0001 POP 19-MAY-2018 TO N/A LAVON LAKE PROJECT OFFICE 967430 08-SEP-2018 MICHAEL KINARD 3375 SKYVIEW DRIVE WYLIE TX 75098-5775 972-442-3141 FOB: Destination WAGE DETERMINATION WD 15-5227 (Rev.-5) was first posted on www.wdol.gov on 01/16/2018 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Wage Determination No. : 2015-5227 Daniel W. Simms Division of Revision No. : 5 Director Wage Determinations Date Of Revision: 01/10/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 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 $10.35 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 2018. 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, Denton, Ellis, Hunt, Kaufman, Rockwall **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.66 01012 - Accounting Clerk II 17.58 01013 - Accounting Clerk III 19.67 01020 - Administrative Assistant 28.45 01035 - Court Reporter 18.67 01041 - Customer Service Representative I 13.39 01042 - Customer Service Representative II 15.06 01043 - Customer Service Representative III 16.43 01051 - Data Entry Operator I 13.20 01052 - Data Entry Operator II 14.41 W9126G 18T0001 Page 23 of 55 01060 - Dispatcher, Motor Vehicle 21.36 01070 - Document Preparation Clerk 15.47 01090 - Duplicating Machine Operator 15.47 01111 - General Clerk I 13.15 01112 - General Clerk II 14.34 01113 - General Clerk III 16.10 01120 - Housing Referral Assistant 21.60 01141 - Messenger Courier 14.29 01191 - Order Clerk I 16.47 01192 - Order Clerk II 17.96 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 22.89 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 28.45 01420 - Survey Worker 17.29 01460 - Switchboard Operator/Receptionist 13.60 01531 - Travel Clerk I 13.92 01532 - Travel Clerk II 15.00 01533 - Travel Clerk III 16.05 01611 - Word Processor I 14.27 01612 - Word Processor II 16.03 01613 - Word Processor III 17.93 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 21.52 05010 - Automotive Electrician 23.04 05040 - Automotive Glass Installer 20.93 05070 - Automotive Worker 22.02 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 12.14 07041 - Cook I 11.54 07042 - Cook II 13.26 07070 - Dishwasher 9.27 07130 - Food Service Worker 9.70 07210 - Meat Cutter 13.34 07260 - Waiter/Waitress 9.53 09000 - Furniture Maintenance And Repair Occupations W9126G 18T0001 Page 24 of 55 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 10.82 11090 - Gardener 16.21 11122 - Housekeeping Aide 10.00 11150 - Janitor 10.00 11210 - Laborer, Grounds Maintenance 12.06 11240 - Maid or Houseman 9.25 11260 - Pruner 11.58 11270 - Tractor Operator 14.83 11330 - Trail Maintenance Worker 12.06 11360 - Window Cleaner 11.31 12000 - Health Occupations 12010 - Ambulance Driver 19.21 12011 - Breath Alcohol Technician 19.80 12012 - Certified Occupational Therapist Assistant 32.66 12015 - Certified Physical Therapist Assistant 33.10 12020 - Dental Assistant 19.08 12025 - Dental Hygienist 36.35 12030 - EKG Technician 30.40 12035 - Electroneurodiagnostic Technologist 30.40 12040 - Emergency Medical Technician 19.21 12071 - Licensed Practical Nurse I 18.42 12072 - Licensed Practical Nurse II 20.60 12073 - Licensed Practical Nurse III 22.96 12100 - Medical Assistant 15.47 12130 - Medical Laboratory Technician 19.22 12160 - Medical Record Clerk 18.40 12190 - Medical Record Technician 20.58 12195 - Medical Transcriptionist 19.66 12210 - Nuclear Medicine Technologist 37.62 12221 - Nursing Assistant I 11.61 12222 - Nursing Assistant II 13.06 12223 - Nursing Assistant III 14.25 12224 - Nursing Assistant IV 16.00 12235 - Optical Dispenser 16.40 12236 - Optical Technician 14.60 12250 - Pharmacy Technician 15.72 12280 - Phlebotomist 15.04 12305 - Radiologic Technologist 28.30 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 12320 - Substance Abuse Treatment Counselor 21.01 W9126G 18T0001 Page 25 of 55 13000 - Information And Arts Occupations 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 13090 - Technical Order Library Clerk 16.77 13110 - Video Teleconference Technician 21.59 14000 - Information Technology Occupations 14041 - Computer Operator I 16.25 14042 - Computer Operator II 18.18 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 16.25 14160 - Personal Computer Support Technician 24.67 14170 - System Support Specialist 38.57 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 35.04 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 32.52 15070 - Flight Instructor (Pilot) 46.09 15080 - Graphic Artist 25.28 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 43.10 15086 - Maintenance Test Pilot, Rotary Wing 43.10 15088 - Non-Maintenance Test/Co-Pilot 43.10 15090 - Technical Instructor 26.43 15095 - Technical Instructor/Course Developer 32.34 15110 - Test Proctor 21.34 15120 - Tutor 21.34 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations W9126G 18T0001 Page 26 of 55 16010 - Assembler 9.93 16030 - Counter Attendant 9.93 16040 - Dry Cleaner 12.75 16070 - Finisher, Flatwork, Machine 9.93 16090 - Presser, Hand 9.93 16110 - Presser, Machine, Drycleaning 9.93 16130 - Presser, Machine, Shirts 9.93 16160 - Presser, Machine, Wearing Apparel, Laundry 9.93 16190 - Sewing Machine Operator 13.52 16220 - Tailor 14.54 16250 - Washer, Machine 10.91 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 22.89 21040 - Material Expediter 22.89 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 16.89 21210 - Tools And Parts Attendant 15.02 21410 - Warehouse Specialist 15.02 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 33.52 23019 - Aircraft Logs and Records Technician 25.64 23021 - Aircraft Mechanic I 31.98 23022 - Aircraft Mechanic II 33.52 23023 - Aircraft Mechanic III 35.08 23040 - Aircraft Mechanic Helper 21.68 23050 - Aircraft, Painter 28.57 23060 - Aircraft Servicer 25.64 23070 - Aircraft Survival Flight Equipment Technician 28.57 23080 - Aircraft Worker 27.11 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 27.11 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 31.98 II 23110 - Appliance Mechanic 18.33 23120 - Bicycle Repairer 15.05 23125 - Cable Splicer 23.72 23130 - Carpenter, Maintenance 17.38 23140 - Carpet Layer 18.87 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 18.35 23290 - Fire Alarm System Mechanic 20.79 23310 - Fire Extinguisher Repairer 16.95 W9126G 18T0001 Page 27 of 55 23311 - Fuel Distribution System Mechanic 21.32 23312 - Fuel Distribution System Operator 16.71 23370 - General Maintenance Worker 17.70 23380 - Ground Support Equipment Mechanic 31.98 23381 - Ground Support Equipment Servicer 25.64 23382 - Ground Support Equipment Worker 27.11 23391 - Gunsmith I 16.95 23392 - Gunsmith II 19.48 23393 - Gunsmith III 21.63 23410 - Heating, Ventilation And Air-Conditioning 20.94 Mechanic 23411 - Heating, Ventilation And Air Contidioning 21.94 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 21.68 23440 - Heavy Equipment Operator 18.40 23460 - Instrument Mechanic 24.76 23465 - Laboratory/Shelter Mechanic 20.52 23470 - Laborer 12.41 23510 - Locksmith 20.42 23530 - Machinery Maintenance Mechanic 23.14 23550 - Machinist, Maintenance 17.89 23580 - Maintenance Trades Helper 14.01 23591 - Metrology Technician I 24.76 23592 - Metrology Technician II 25.94 23593 - Metrology Technician III 27.16 23640 - Millwright 23.06 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 21.63 23850 - Rigger 21.28 23870 - Scale Mechanic 19.48 23890 - Sheet-Metal Worker, Maintenance 18.28 23910 - Small Engine Mechanic 17.84 23931 - Telecommunications Mechanic I 23.56 23932 - Telecommunications Mechanic II 24.66 23950 - Telephone Lineman 23.54 23960 - Welder, Combination, Maintenance 17.91 23965 - Well Driller 21.63 23970 - Woodcraft Worker 21.63 23980 - Woodworker 16.43 24000 - Personal Needs Occupations 24550 - Case Manager 16.32 24570 - Child Care Attendant 10.73 24580 - Child Care Center Clerk 13.39 24610 - Chore Aide 8.83 24620 - Family Readiness And Support Services 16.32 Coordinator 24630 - Homemaker 17.11 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 22.92 25040 - Sewage Plant Operator 18.96 25070 - Stationary Engineer 22.92 W9126G 18T0001 Page 28 of 55 25190 - Ventilation Equipment Tender 15.57 25210 - Water Treatment Plant Operator 18.96 27000 - Protective Service Occupations 27004 - Alarm Monitor 19.68 27007 - Baggage Inspector 14.10 27008 - Corrections Officer 19.31 27010 - Court Security Officer 23.50 27030 - Detection Dog Handler 16.92 27040 - Detention Officer 19.99 27070 - Firefighter 24.92 27101 - Guard I 14.10 27102 - Guard II 16.92 27131 - Police Officer I 27.85 27132 - Police Officer II 30.95 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.58 28042 - Carnival Equipment Repairer 13.75 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 18.53 28630 - Sports Official 12.63 28690 - Swimming Pool Operator 21.99 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 22.78 29020 - Hatch Tender 22.78 29030 - Line Handler 22.78 29041 - Stevedore I 20.46 29042 - Stevedore II 22.74 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 39.98 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 27.57 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 30.37 30021 - Archeological Technician I 20.07 30022 - Archeological Technician II 22.40 30023 - Archeological Technician III 27.75 30030 - Cartographic Technician 27.75 30040 - Civil Engineering Technician 23.51 30051 - Cryogenic Technician I 25.48 30052 - Cryogenic Technician II 28.14 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 30095 - Evidence Control Specialist 23.00 W9126G 18T0001 Page 29 of 55 30210 - Laboratory Technician 22.28 30221 - Latent Fingerprint Technician I 23.85 30222 - Latent Fingerprint Technician II 26.34 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 30375 - Petroleum Supply Specialist 28.14 30390 - Photo-Optics Technician 27.75 30395 - Radiation Control Technician 28.14 30461 - Technical Writer I 25.09 30462 - Technical Writer II 30.68 30463 - Technical Writer III 37.13 30491 - Unexploded Ordnance (UXO) Technician I 25.41 30492 - Unexploded Ordnance (UXO) Technician II 30.74 30493 - Unexploded Ordnance (UXO) Technician III 36.85 30494 - Unexploded (UXO) Safety Escort 25.41 30495 - Unexploded (UXO) Sweep Personnel 25.41 30501 - Weather Forecaster I 25.48 30502 - Weather Forecaster II 30.98 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 31010 - Airplane Pilot 30.74 31020 - Bus Aide 12.32 31030 - Bus Driver 18.01 31043 - Driver Courier 16.55 31260 - Parking and Lot Attendant 10.01 31290 - Shuttle Bus Driver 18.09 31310 - Taxi Driver 11.81 31361 - Truckdriver, Light 18.09 31362 - Truckdriver, Medium 19.69 31363 - Truckdriver, Heavy 21.19 31364 - Truckdriver, Tractor-Trailer 21.19 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.99 99030 - Cashier 9.76 99050 - Desk Clerk 9.80 99095 - Embalmer 22.94 99130 - Flight Follower 25.41 99251 - Laboratory Animal Caretaker I 11.48 99252 - Laboratory Animal Caretaker II 12.55 99260 - Marketing Analyst 36.10 99310 - Mortician 22.94 99410 - Pest Controller 18.98 99510 - Photofinishing Worker 14.89 99710 - Recycling Laborer 17.47 99711 - Recycling Specialist 21.49 99730 - Refuse Collector 15.46 99810 - Sales Clerk 13.65 99820 - School Crossing Guard 10.62 99830 - Survey Party Chief 26.47 W9126G 18T0001 Page 30 of 55 99831 - Surveying Aide 15.86 99832 - Surveying Technician 20.32 99840 - Vending Machine Attendant 15.50 99841 - Vending Machine Repairer 18.73 99842 - Vending Machine Repairer Helper 15.46 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 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: $4.41 per hour or $176.40 per week or $764.40 per month HEALTH & WELFARE EO 13706: $4.13 per hour, or $165.20 per week, or $715.87 per month* *This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706. 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, W9126G 18T0001 Page 3l of 55 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 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 10% 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 25% 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). ** 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 W9126G 18T0001 Page 32 of 55 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 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 (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 W9126G 18T0001 Page 33 of 55 (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 paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage 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 U.S. Department of Labor, Wage and Hour Division, 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 Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)). 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" 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. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)). W9126G18T0001 Page 34 of 55 CLAUSES INCORPORATED BY REFERENCE 52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN 2017 Agreements or Statements 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 DEC 2014 Certifications. 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015 With Contractors Debarred, Suspended,or Proposed for Debarment uent 52.209-9 Updates of Publicly Available Information Regarding JUL 2013 Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.222-3 Convict Labor JUN 2003 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 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 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 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 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls 252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016 Incident Reporting W9126G18T0001 Page 35 of 55 252.204-7015 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 CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) 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(u)of this provision. (a)Definitions. As used in this provision-- "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. "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. "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). "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; W9126G18T0001 Page 36 of 55 (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 (i)To restrict the free flow of unbiased infoi,iiation 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)). W9126G18T0001 Page 37 of 55 "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. "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. W9126G18T0001 Page 38 of 55 "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 identify the applicable paragraphs at(c) through (u)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. W9126G18T0001 Page 39 of 55 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 W9126G18T0001 Page 40 of 55 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. (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 W9126G18T0001 Page 41 of 55 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 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. ICOUNTRY 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. 1COIJNTRY OF ORIGIN 1 W9126G18T0001 Page 42 of 55 �rrrrrrrrrr�rrrrrrrrr�rrrrrrrrr�rrrrrrrrr�rrrrrrrrrr�rrrrrrrrr� � .�rrrrrrrrr�rrrrrrrrr�rrrrrrrrr�rrrrrrrrrr�rrrrrrrrr�rrrrrrrr�. _n.__. [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: LINE ITEM NO. 1COUNTRY 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: W9126G18T0001 Page 43 of 55 [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: 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.: 1Country...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. W9126G18T0001 Page 44 of 55 (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— ()) [ ] 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. (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). W9126G18T0001 Page 45 of 55 (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 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 W9126G18T0001 Page 46 of 55 (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 no''nal 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 (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: W9126G18T0001 Page 47 of 55 [ ] 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: [ ]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 W9126G18T0001 Page 48 of 55 (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 CISADA 106(a,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/downloadsitllsdn.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. (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. W9126G18T0001 Page 49 of 55 (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 ❑ 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 ❑ 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 info,wation 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): Predecessor CAGE code: (or mark"Unknown"). Predecessor legal name: (Do not use a 'doing business as"name). (t)Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM(52.212-1(k)). (1)This representation shall be completed if the Offeror received$7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than$7.5 million in Federal contract awards in the prior Federal fiscal year. (2)Representation. [Offeror to check applicable block(s) in paragraph(t)(2)(i)and(ii)]. (i)The Offeror(itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e.,makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. W9126G18T0001 Page 50 of 55 (ii)The Offeror(itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e.,make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii)A publicly accessible Web site includes the Offeror's own Web site or a recognized,third-party greenhouse gas emissions reporting program. (3)If the Offeror checked"does" in paragraphs(t)(2)(i)or(t)(2)(ii)of this provision,respectively,the Offeror shall provide the publicly accessible Web site(s)where greenhouse gas emissions and/or reduction goals are reported: (u)(1)In accordance with section 743 of Division E,Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235)and its successor provisions in subsequent appropriations acts(and as extended in continuing resolutions),Government agencies are not permitted to use appropriated(or otherwise made available)funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste,fraud,or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud,or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such infoiuiation. (2)The prohibition in paragraph(u)(1)of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement),Form 4414(Sensitive Compartmented Information Nondisclosure Agreement),or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3)Representation. By submission of its offer,the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste,fraud,or abuse related to the perfoi,nance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information(e.g., agency Office of the Inspector General). (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (DEVIATION 2013-00019)(JAN 2018) (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. W9126G18T0001 Page 51 of 55 (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 arc finally resolved. (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)52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)(E.O. 13706). (ix)52.222-37,Employment Reports on Veterans(Feb 2016)(38 U.S.C.4212). (x)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. (xi) 52.222-41, Service Contract Labor Standards(May 2014),(41 U.S.C. chapter 67). (xii)XX(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). (xiii)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.) W9126G18T0001 Page 52 of 55 (xiv)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) (xv) 52.222-54,Employment Eligibility Verification(Oct 2015). (xvi)52.222-55,Minimum Wages Under Executive Order 13658(Dec 2015)(E.O. 13658). (xvii) 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). (xviii)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. (xix)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. W9126G18T0001 Page 53 of 55 (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-teini 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. (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 922120-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 Police Officer, GS-7 $20.04- $7.21 W9126G18T0001 Page 54 of 55 (End of clause) 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): Federal Acquisition Regulation(FAR): http://farsite.hilLaf.mil/vffara.htm Department of Defense FAR Supplement(DFARS): http://farsite.hill.af.mil/VFDFARA.FFTM (End of provision) 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): Federal Acquisition Regulation (FAR): http://farsite.hilLaf.mil/vtfara.htm Department of Defense FAR Supplement(DFARS): http://farsite.hill.af.mil/VFDFARA.HTM (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 DEARS (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. W9126G18T0001 Page 55 of 55 (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) Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: I Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 100-5155-54810 Date Prepared: 4/17/18 Budgeted Amount: $73,000.00 Exhibits: Subject Consider, and act upon, the approval of the purchase of an annual Microsoft Enterprise License Agreement from SHI Government Solutions, Inc. in the estimated annual amount of $87,416.00 through a cooperative purchasing contract with the Texas Department of Information Resources (DIR), and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of an annual Microsoft Enterprise License Agreement from SHI Government Solutions, Inc. in the estimated annual amount of$87,416.00 through a cooperative purchasing contract with the Texas Department of lnfolrnation Resources (DIR), and authorizing the City Manager to execute any necessary documents. Discussion The City utilizes a Microsoft Enterprise License for access to various Microsoft platforms (Visio, Exchange, Outlook, MS Office, Windows server, desktop servers, etc.) through a cooperative contract bid by the Texas Department of Information Resources (DIR). The term of the license is from 5/1/2018 — 4/30/2019; with renewals. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. (DIR-TSO-4092; City of Wylie Agreement W2018-88-I) (Rev 01/2014) Page 1 of I Wylie City Council AGENDA REPORT Meeting Date: April 24, 2018 Item Number: J Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 611-6712-52350 Date Prepared: 4/18/18 Budgeted Amount: $55,000 Exhibits: Subject Consider, and act upon, the approval of the purchase of water meter boxes, repair sleeves, lids, and manhole covers from Ferguson Inc. and Fortiline Waterworks in the estimated annual amount of$55,000.00 through a cooperative purchasing contract with Collin County Governmental Purchasing Forum, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of water meter boxes, repair sleeves, lids, and manhole covers from Ferguson Inc. and Fortiline Waterworks in the estimated annual amount of$55,000.00 through a cooperative purchasing contract with Collin County Governmental Purchasing Forum, and authorizing the City Manager to execute any necessary documents. Discussion The Public Works department purchases water meter boxes, repair sleeves, lids and manhole covers from a contract that was competitively bid and awarded by the City of Plano City Council (6/28/2017). The City of Plano is also a member of the Collin County Governmental Purchasing Forum, and through our joint memberships the City of Wylie is authorized to utilize other member's contract. Total annual expenditures are now in excess of$50,000.00 per year. Staff recommends the approval of these purchases from the contracted vendors (Ferguson Inc. and Fortiline Waterworks) through the City of Plano contract #2017-0325-C (annual agreement with renewals). 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. Wylie Agreement#W2017-86-I. (Rev 01/2014) Page 1 of I Wylie City Council tt° AGENDA REPORT Meeting Date: April 24, 2018 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 10, 2018 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, a Replat for Railroad Addition, Lot 1R, Block 6; being a Replat of Lots 1, 2, and 3, Block 6, establishing one lot on 0.557 acres, located on the southwest corner of Brown and 1st Street(305-307 1st Street). RP 2018-02. Recommendation Motion to approve a Replat for Railroad Addition, Lot 1R, Block 6; being a Replat of Lots 1, 2, and 3, Block 6, establishing one lot on 0.557 acres, located on the southwest corner of Brown and 1st Street (305-307 1st Street). RP 2018-02. Discussion Applicant: Texas Heritage Surveying,LLC Owner: Citipointe Church The purpose of the Replat is to reconfigure two lots to establish one lot on 0.557 acres. The property is zoned Downtown Historic District(DTH). Lots 1-2 currently hold a structure used as a church/house of worship. Lot 3 holds a residential structure owned by the church. The residential structure has deteriorated floor joist, which necessitates the replacement of the building. The replat would allow some leeway for future construction as setbacks between the properties would be removed with the removal of the property line between lots 2 and 3. Any future construction would go through the usual review and approval process through the Historic Review Commission. This Replat complies with all applicable technical requirements of the City of Wylie, and is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Notification/Responses: Twenty (20) notifications were mailed; with no responses returned at the time of posting. (Rev 01/2014) Page 1 of 2 Page 2 of 2 P&Z Commission Discussion During the public comments,residents from the surrounding area spoke of concerns with on-street parking. The applicant stated that the WEDC will be paving the unimproved alley. Once the alley is paved, Citipointe will pave the rear of their property. This will also allow additional parking for downtown on days when not in use by church activities. The Commission voted 6-0 to recommend approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. pti 16 23bj 1C} c sl 14 'Fill I i 15 24 ' :' f 4-‹711`1 pf ,�fr pk{<,, VV�Y W TJ t CATHOLIC 13. a .Mai 4_ ,'� 12 t $ I 11 12 78 0 CHURCH >\, 13 r�. 2 . ^. 1 a /t, ' ,,m,„s.�.a;.><..M.s..,a;V2at L.14 y t 10.� � tJQ • ¢. 11 2$ 1 12 I/ ES'TA ' `t f,, :29 ,/ 7., 16. 7 r 2 - twt C) , °t I r 0 17 's "^6 r,� 3-1... Y -18 i k i r 32 f 19 � `fi � ! ,4 `5 83 . '� 20, / - , � 1 + � 0 u a4 21 "? / _ -a. 35 2V ./ `r 1 2 1 -- F 23 ,,, I__ 1 i w3 J 1 �" 2BRB � 1� 3A2 + + 3 Ua � L , I }3D r3D 91 38f• :i 11,31)11 �2 s,h aj R - W tit --ii . 4 27 29 9$ y 26 , �6'G' Subject -_ 74R 3C1 =� Property j s;53 _ I 223 73� 1 5R 1 m.. C I I L } 61' . 52 i 1} +� f 8' L 5$c Lr L 22 598: � 4 31 I' 17 10A BROWN ST1v- 10 RAID RCJWN`S1" s. 1 $G1 38B 4 { I .-, .-... . F_ I,. 2. 9 Lu LR AD .-. �� ..} . $ 3�YLI 8 1 E 1 2 3 57&._ � 2 S � • � ,��� � ... 1 2 "� �,2A� ._ �� 155-&56 s ___�_� �i W, _�� � � �= .� �,- � 1 4,To: � �71 -M_w1 6,1�1t1-5 45 C 37k 37tS 1 4).k 5} &1A 5 6 7A , _6J _ ► , tz 51 BROWN 27 4 zme ! N&BURNS fDL L. .. i fl 8 99 r•, 648 36 � I �" } U? i � 1 2 50A 53A 5 6 7 ' 9 19 FIRST BAPTI `T.._ Q 5,1/2 -_� 35 9 9 10 C 7 4 98 1 2 3 4. 12 IL OAD CHURCH ADDN Al $AD , "� I .r._.35G J 1 ...1____ LIE • z ._. `YPEJ , z RAI LRQ,A"1 �, L t _LIE_! W MARBLE ST i E MARBLE ST f 55 ,f R 7 d 34A 3 20R , 1 &1 �, RAIL 18 1 QA j C 15 72` ; 2 CL- I C. 2t ' j 14 - t I Fri 5-545-5: $ ' N172+ 3 11A f 204 DQL R ' sa p4 2 S#1 C ' d 6 i _. _ _i , 910 �`IL ()AD- ,'` s t NE _ .. i. � KELLER+ � ��. ' L 1 2 �__ W OAK Sf f.-- E OAK ST �13~, II._ 1 Rtfl } \ 17 CD _E. t1 _...�_. 71 1L . Cl) 1 f15 1 i t-- G r __ [ 99 45 1CiFt } r c1s I4 .. ,i. 3,4&5 Q : " /f - ,r 73 78 2 }..._ 3 P 1 +;_13 `' Y; __ 14 i .' 56 1 i ._. x.... Y 4 � y. tTEXA " �} 1. i3 . .. OLDAE CITY° R {F- 3-41 , 1 12i F " +' 16 i ., iv. .' a R001 .- C._.. ._.F, , J._._ , _..l _ ... g i...t- ,...1 . 1 E 11 �'RIVA E ? E.6 ,-`'rAR1A,' LENE . , RAILROAD WYLIE ILRQAItIATERSl\/E jr/lja/ � C HO L w�_ ,( CAW LL WYi i P'i._ _ 9 7° 5f O --.l..e :I I8 b 1 AD.__.1 ..1 R.�._ LOCATION MAP 3/1:" __ REPLAT #2018-02 Map Date:3/5/2018 LOT 1, BLOCK A o LOT 1, BLOCK A OWNER'S CERTIFICATE OWNER'S DEDICATION ST. ANTHONY CATHOLIC CHURCH 00 MARGO E. KREYMER HOWREY ST. ANTHONY CATHOLIC CHURCH JOHN A. YEAGER STATE OF TEXAS cfl NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS ADDITION NO. 2 d AND BROTHER, ADDITION NO. 2 00 INST. NO. 20161128001603970 COUNTY OF COLLIN 411 INST. NO. 20120920010002310 N MICHAEL MCCORMICK N INST. NO. 20120920010002310 N O.P.R.C.C.T. N O.P.R.C.C.T. VOL. 5371, PG. 518 O.P.R.C.C.T. WHEREAS, Citipointe Church, a Texas not-for-profit corporation is the sole owner of two tracts of .rho land situated in the Cityof Wylie, Collin Count Texas and beingall of Lots 1, 2, and 3, Block 6, That I, Citipointe Church, a Texas not for profit corporation, acting herein by and through his duly authorized w►OE D.R.D.C.T. Y Y, 4 Railroad Addition, an addition to the City of Wylie, Collin County, Texas, according to map thereof agent, does hereby adopt this plat designating the herein above described property as LOT 1R, BLOCK 6 OF I recorded in Volume 77, Page 494, Map Records, Collin County, Texas, same being conveyed to RAILROAD ADDITION , an addition to the County of Collin, Texas, and do hereby dedicate to the public use 246.10' 90.00' 60.02' 100.00' Citipointe Church by Special Warranty Deed as recorded in Instrument No. 20091119001408140, forever, the easements and right-of-way shown hereon. The easements shown hereon are hereby reserved J O O Official Public Records, Collin County, Texas and also being conveyed to Citipointe Church by for the purposes as indicated. No buildings, fences, trees, shrubs, of other improvements or growth shall be 1/2"IRF 1/2"IRF General Warranty Deed as recorded in Instrument No. 20170922001271870, Official Public constructed or placed upon, over or across the easements and right-of-way as shown. Said utility easement Records, Collin County, Texas, and being more particularly described by metes and bounds as being hereby reserved for the mutual use and accommodation of all public utilities desiring to use or using the 30 20 10 0 10 20 30 40 b follows: same. All and any public utilities shall have the full right to remove and keep removed all or parts of any �, building, fences, trees, shrubs, or other improvements or growth which may in any way endanger or interfere SCALE 1 =20 with the construction, maintenance, or efficiencyof its respective system on the utilityeasement and all public BEGINNING at a 1/2 inch iron rod with cap stamped "TXHS" set for corner from which a 3/8 inch p y iron rod with capstamped "ROOME" found bears South 00 degrees 01 minutes 42 seconds East, a utilities shall at all times have the full right of ingress and egress to or from and upon said utility easement for CENTER LINE BROWN STREET distance of 0.32 feet for witness, beingat the intersection of the southerlyright-of-way line of the purpose of construction, reconstructing, inspecting, patrolling, maintainingand addingto or removingall or g Y P p 9 p 9 p g (CALLED 55' RIGHT-OF-WAY) POINT OF Brown Street (called 55 foot right-of-way) and the westerly right-of-way line of First Street (70 foot part of its respective systems without the necessity at any time of procuring the permission of anyone. right-of-way) and same being the northeasterly corner of said Citipointe church tract; to BEGINNING N This plat approved subject to all platting ordinances rules, regulations and resolutions of the City of Wylie, THENCE South 00 degrees 01 minutes 42 seconds East, along the easterly line of said Citipointe Texas. Church tract, common with the westerly right-of-way line of said First Street, a distance of 195.00 150.00' N 89°58'10" E 124.57' feet to a 1/2 inch iron rod with capstamped "TXHS" set for corner from which a 3 4 inch iron pipe WITNESS, my hand, this the day of , 2018. 0 ► 1/2"IRS 0 p / P P 80.00' 1/2"IRF (PLAT 125.00') 3/8"IRF"ROOMS" "TXHS" 1/2"IRF 125.00' found bears South 87 degrees 48 minutes 28 seconds West, a distance of 0.27 feet for witness; (CM) BEARS S 00°01'42"E (CM) 0.32' THENCE South 89 degrees 58 minutes 10 seconds West, along the southerly line of said Citipointe Church tract, common with a tract of land conveyed to Ryan P. Kanaman by Warranty Deed as Gary Taylor, Pastor recorded in Instrument No. 20160104000002950, Official Public Records, Collin County, Texas, a LOT 10 distance of 124.40 feet to 1/2 inch iron rod with cap stamped "TXHS" set for corner from which a o LOT 10 3/8 inch iron rod with cap stamped "4693" found bears North 86 degrees 49 minutes 04 seconds STATE OF TEXAS: b W.S. REUTHINGER b `�� w L.ri Z co East, a distance of 0.90 feet for witness, lying on the easterly right-of-way line of a 20 foot alley; COUNTY OF COLLIN: 6 AND WIFE co J TOMMY REUTHINGER Ct Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day VOL. 2177, PG. 349 in THENCE North 00 degrees 04 minutes 42 seconds West, along the westerly line of said Citipointe personally appeared Gary Taylor, known to me to be the person whose name is D.R.D.C.T. Z Church tract, common with the easterly right-of-way line of said 20 foot Alley, a distance of 195.00 LU subscribed to the foregoing instruments and acknowledged to me that he executed the same for the 0 feet to a 1/2 inch iron rod found lying on the southerly right-of-way line of said Brown Street; purpose and consideration therein expressed. 80.00' 125.00' THENCE North 89 degrees 58 minutes 10 seconds West, along the northerly line of said Citipointe Given under my hand and seal of office, this day of , 2018. 150.00' Church tract, common with the southerly right-of-way line of said Brown Street, a distance of 0 124.57 feet to the POINT OF BEGINNING and containing 24,274 square Feet or 0.557 an acre of I— < Lri LO land. b op W 3/s"IRF 0 _ Notary Public in and for the State of Texas II.n Lri W LL "BMI" � O °' LOT 1 R, BLOCK 6 ' IL o RAILROAD ADDITION LU "RECOMMENDED FOR APPROVAL" My Commission Expires On: LOT 9 24,274 SQ. FT. LOT 9 cn Q o "' 0.557 ACRE I— b b cN - o �, o Chairman, Planning & Zoning Commission Date d- 0 0 , p ,G City of Wylie, Texas SURVEYOR'S CERTIFICATE: 0 o W KNOWN ALL MEN BY THESE PRESENTS: z U) Li- -1 "APPROVED FOR CONSTRUCTION" U That I, Raul D. Reyes, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon as set were Mayor, City of Wylie, Texas Date 150.00' O O 1 O 125.00' properly placed under my personal supervision in accordance with Subdivision 1/2"IRF 1/2"IRF 1/2"IRF "ACCEPTED" Ordinance of the City of Wylie. "ROOME" (CM) (CM) Mayor, City of Wylie, Texas Date The undersign, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final PRELIMINARY,THIS DOCUMENT SHALL NOT BE RECORDED LOT 8 NC) 0% plat of the Railroad Addition to the City of Wylie was submitted to the City Council on the day of FOR ANY PURPOSES AND SHALL NOT BE USED OR VIEWED o OG Q �p�Dc , 2018. and the Council, by formal action, then and there accepted the dedication of OR RELIED UPON AS A FINAL SURVEY DOCUMENT. (3/22/2018) PARKAROSA, LTD o o �- Q` streets alley, arks easements, public laces and water and sewer lines as shown and set forth in O ., 0• p Raul D. Reyes INST. NO. �_ co LOT 8 �OP',1 Q Gam(• and upon said plat and said Council further authorized the Mayor to note the Registered Professional Land Surveyor No. 5390 20171210001340780 `04 co .� Q• acceptance thereof by signing his name as hereinabove subscribed. O.P.R.D.C.T. OGN OO\ N q-P' Jov e-. \-" QG Witness my hand this day of , A.D., 2018 STATE OF TEXAS �� � G• 70.0' COUNTY OF DALLAS Q 20.0' 3/8"IRF"4693" 3/4"IPF BEARS 35.0' 35.0' City �' 4o 4�. BEARS N 86°49'04"E s 87°48'28"W 0.27' r- Secretary Before me, the Undersigned authority, a Notary Public in and for the State of Texas, 150.00 0.90' SDCAF City of Wylie, Texas on this day personally appeared Raul D. Reyes, Land Surveyor, known to me to be .�� O 125.00' the person whose name is subscribed to the foregoing instrument and acknowledge to me that 0 1/2"IRS S 89°58'10" W 124.40' 1/2"IRS he executed the same for the purpose and considerations therein expressed. 3/4"IPF "TXHS" (CM) "TXHS" (PLAT 125.00') Given under my hand and seal of office, this day of , 2018. LOT 7 LOT 4 LOT 5 o Notary Public in and for the State of Texas o RYAN P. KANAMAN o o ACE PAINTER 401K TAYLOR AND SON in PROFIT SHARING PLAN b Lo O INST. NO. Lo INST. NO. MyCommission Expires On: PROPERTIES, LLC O 20140502000431870 cei 20160104000002950 p O.P.R.D.C.T. O.P.R.D.C.T. 20161206001651250 O.P.R.D.C.T. 5/8"IRF c' v DCA 0 " 3/4"IPF c'r) O ` , 00 N-.O - O 150.00' 125.00' 125.00' GENERAL NOTES: VICINITY MAP - NOT TO SCALE LEGEND `L NNE 0p ,�A� D.R.C.C.T. DEED RECORDS, COLLIN COUNTY,TEXAS 1)BEARINGS ARE BASED UPON THE TEXAS STATE PLANE COORDINATE �jr Q� 411.111 BROWN O.P.R.C.0 .T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,TEXAS SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983, �0 PO Dc� " INST. NO. INSTRUMENT NUMBER O 0' Z PERSON SITE _rs VOL., PG. VOLUME, PAGE (2011) I� Q LOT 5 Hughes SOFT. SQUARE FEET 2)THE PURPOSE OF THIS PLAT IS TO COMBINE THREE LOTS INTO ONE P`���.Al 0. - - LOT 6 MARB_E Cemetery I AC. ACRE LOT. O J0 RODNEY LAFOUN b O Q —.. = IRF IRON ROD FOUND O O O JERILYN KAY STARING DI3412 �,Z,1 0'K CM CONTROL MONUMENT 6 WATKI NS1.6 3)ACCORDING TO THE F.I.R.M. PANEL NO.48085C0420J,THE SUBJECT c4 INST. NO. co co VOL. 2518, PG. 190 0 PROPERTY LIES IN ZONE X, WHICH DOES NOT LIE WITHIN A FLOOD PRONE D.R.D.C.T. Q 1 _ PrASTE S HAZARD AREA,AS SHOWN HEREON. 20140923001035650 Cem O.P.R.D.C.T. 4)SELLING A PORTION OF THIS ADDITION BY METES AND BOUND IS A N BUTLER a j� VIOLATION OF CITY ORDINANCE AND STATE LAW,AND IS SUBJECT TO 1 - REPEAT FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. cn Z a S J J LOT 1 R BLOCK 6 3/8"IRF 1/2"IRF � 7) BENCHMARK: A STANDARD CITY OF WYLIE BENCHMARK SET 10.0 FEET "BMI" "BMI" WEST OF THE SOUTHEAST CORNER OF BUILDING LOCATED 104 SOUTH (CM) 125.00' (CM) 125.00' SURVEYOR RAILROAD ADDITION BALLARD STREET. 10.4 FEET SOUTH OF BUILDING LOCATED AT 104 SOUTH 0 0 BALLARD STREET. MONUMENT NAME: CM 2; GPS DATE 05/03/2004, STATE �� : � PLANE NORTHING 7,057,346.784, FASTING 2,569521.039, ELEVATION 550.61'. I BEING A REPLAT OF LOTS 1 THRU 3, BLOCK 6 OF OWNER 8)BENCHMARK: A STANDARD CITY OF WYLIE BENCHMARK SET 14.5 CITIPOINTE CHURCH , li 6' RAILROAD ADDITION (VOL. 77, PG. 494 M.R.C.C.T.) FEET SOUTH OF THE SOUTH LINE OF ALLEY CONCRETE PAVING 7.3 FEET 6 307 N FIRST STREET SITUATED IN JAMES TRUITT SURVEY, ABSTRACT NO. 920 PERPINDICULAR TO BACKCURB PARKING AREA. MONUMENT NAME: co WYLIE, TX 75098 CM 4; GPS DATE 05/03/2004, STATE PLANE NORTHING 7,065,787.597, J E FFERSON STREET 10610 Metric Drive, Suite 12q atlas, TX 75243 CITY OF WYLIE, COLLIN COUNTY, TEXAS EASTING 2,576,972.926, ELEVATION 562.88'. Office 21 0® 700 Fax 21 0 10 4-3 9 4-34 97 (CALLED 70' RIGHT-OF-WAY) CENTER LINE txheritage.com Firm No. 1016300 DATE: 2/09/2018/DRAWN BY: JWR/JOB# 1703730-1 /SCALE= 1" =20' rt, ,'' y iY w .1p }� 4; i , Mm' 54 � � ^, ^a :,,rr, ` .. e 4. �?�,�Y. a0 v ' 50 e' y,A,, . .,, ,4Vd . ' ."` , 4 , •Of.",,, i Mr;.:. tS . ,, 5 a a ," yy kell sY• �,.. ,.., mn n„ . 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C�»eh h Floor Joists 2 5}4151 ST ANTHONY s CATHOLIC A„� ... __ CHURCH ' 33A-2 { 31 09 i5I5 41A 14 2c 3 1 : 4-12 3D 1 3b, 0 L1 { li _n .RU LE_.== z 1 .` .LIS ELL ' 4,410,,2R D� 2 09 �� . 111 ? 9 �. 2RA -- 44 2 d1 408BFRB 2G&2H 441 4 09__ 3_ 1y 1fl3wi 1c 6 A07A; _ .,1 I, 405 6 3 PERTI 53 32A& ,,402 201 03 402 33A 10 d a 18 19A A 401E 5I , 1r21 I.t II--", 1 184 ! 1 Li I Li tS 4 11 .zu ..,.w.,, ,u.r s,.f, ..__..._._._. ,. ___._.._ ...._�._.._..._�...�_ W BROWN ST tl; 38A__ � � 3a 10RAILROAD AP arlm ltA a 1 1 '3 3 , : WYLIE _.. , _'r- _ -,„_ 4538T3 341 (� 306 ` 2 9 306 , , 34,4437P i I38 29 � � . .., ,,, � 11 , f,s 6 I0/1 1 , 302 '28 1 1 r� 4 y ? . 302 37A BWlOLE 4� a !2D 32 '_. i I }e E13 r �( I 5 351,_I i fit „27 �! r 5 �35935 A E. 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Ctut4 € " 1 i 122 _ 17A t _, 'FF 72 35 �14 If 1I I$ 1 15 11 1A 11 2 / B3 „.__ 55 1tk 1 3A IL.ROA a '203 KE'LLERS }� 73 &5 subq 78 �{..//..�� p,��qq 112 1 ' tY'1"E E`r i ��d'&#'N 5A Inli _"w``ULA:.`iI k�tk .: _a .f TEXAS +�r OWNER NOTIFICATION MAP csLy 01,1 `L I L, RE P LAT #2018-02 Map Date:3/5/2018 Replat_2018-02_Property_Owner_Notification_List PROPERTY ID GEO ID/X REF OWNER NAME DOING BUSINESS AS OWNER NAME 2 OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIPCODE SUBDIVISION SUBDIVISION NAME BLOCK TRACT/LOT LEGAL DESCRIPTION SITE ADDRESS 111 E BROWN ST 433999 R-6920-001-0510-1 HOWREY MARGO E KREYMER & KREYMER MICHAEL MCCORMICK PO BOX 524 WYLIE TX 75098-0524 A0920 JAMES TRUETT SURVEY 1 51 ABS A0920 JAMES TRUETT SURVEY, SHEET 1, TRACT 51, .256 ACRES; UDI 2010 WYLIE,TX 75098 113 E BROWN ST 434006 R-6920-001-0520-1 YEAGER JOHN A PO BOX 40 WYLIE TX 75098-0040 A0920 JAMES TRUETT SURVEY 1 52 ABS A0920 JAMES TRUETT SURVEY, SHEET 1,TRACT 52, .28 ACRES WYLIE,TX 75098 434015 R-6920-001-0530-1 HOWREY MARGO E KREYMER & KREYMER MICHAEL MCCORMICK PO BOX 524 WYLIE TX 75098-0524 A0920 JAMES TRUETT SURVEY 1 53 ABS A0920 JAMES TRUETT SURVEY, SHEET 1,TRACT 53, .238 ACRES WYLIE,TX 75098 201 E JEFFERSON ST 448554 R-1169-005-0060-1 STARING JERILYN KAY C/O MARTHA M. COX 218 S BERNICE DR GARLAND TX 75042-6903 S1169 RAILROAD (CWY) 5 6 & 7A RAILROAD (CWY), BLK 5, LOT 6 &7A WYLIE,TX 75098 302 N 1ST ST 448563 R-1169-005-007E-1 ACE PAINTER 401k PROFIT SHARING PLAN 6617 EASTVIEW DR SACHSE TX 75048-5216 S1169 RAILROAD (CWY) 5 7B RAILROAD (CWY), BLK 5, LOT 7B WYLIE,TX 75098 304 N 1ST ST 448572 R-1169-005-0080-1 KOEHLER ANN & CHRISTOPHER 304 N 1ST ST WYLIE TX 75098-4477 S1169 RAILROAD (CWY) 5 8 RAILROAD (CWY), BLK 5, LOT 8 WYLIE,TX 75098 308 N 1ST ST 448581 R-1169-005-009A-1 MITCHELL BOBBY W ETAL PO BOX 503 WYLIE TX 75098-0503 S1169 RAILROAD(CWY) 5 9A 10 RAILROAD (CWY), BLK 5, LOT 9A 10 WYLIE,TX 75098 301 N 1ST ST 448616 R-1169-006-004A-1 WATKINS MARGIE A- LE RODNEY LAFOUN WATKINS 301 N 1ST ST WYLIE TX 75098-4478 S1169 RAILROAD (CWY) 6 4A 5 RAILROAD (CWY), BLK 6, LOT 4A 5 WYLIE,TX 75098 303 N 1ST ST 448625 R-1169-006-004B-1 KANAMAN RYAN P 303 N 1ST ST WYLIE TX 75098-4478 S1169 RAILROAD (CWY) 6 4B RAILROAD (CWY), BLK 6, LOT 4B WYLIE,TX 75098 302 N BALLARD AVE 448634 R-1169-006-0060-1 GOODWIN SCOTTY& KATHY TASTE OF HOME RESTAURANT PO BOX 367 LAVON TX 75166-0367 S1169 RAILROAD (CWY) 6 6 RAILROAD (CWY), BLK 6, LOT 6 WYLIE,TX 75098 306 N BALLARD AVE 448643 R-1169-006-007A-1 PARKAROSA LTD PO BOX 307 WYLIE TX 75098-0307 S1169 RAILROAD (CWY) 6 7A&8 RAILROAD (CWY), BLK 6, LOT 7A& 8 WYLIE,TX 75098 304 N BALLARD AVE 448652 R-1169-006-007B-1 TAYLOR AND SON PROPERTIES LLC CONVERSATIONS COFFEE BAR 109 N JACKSON AVE STE 101 WYLIE TX 75098-4462 S1169 RAILROAD (CWY) 6 7B RAILROAD (CWY), BLK 6, LOT 7B WYLIE,TX 75098 308 N BALLARD AVE 448661 R-1169-006-0090-1 PATEL VIDITA 512 WINDWARD DR MURPHY TX 75094-5311 S1169 RAILROAD (CWY) 6 9 RAILROAD (CWY), BLK 6, LOT 9 WYLIE,TX 75098 310 N BALLARD AVE 448670 R-1169-006-010A-1 REUTHINGER W S ETUX 1601 BONANZA DR SACHSE TX 75048-2907 S1169 RAILROAD(CWY) 6 10A RAILROAD (CWY), BLK 6, LOT 10A WYLIE,TX 75098 100 E BROWN ST 448689 R-1169-006-010E-1 STEEN KENNETH J &AMANDA L 100 E BROWN ST WYLIE TX 75098-4447 S1169 RAILROAD (CWY) 6 10B RAILROAD (CWY), BLK 6, LOT 10B WYLIE,TX 75098 305 FIRST ST 2112508 R-1169-006-0030-1 CITIPOINTE CHURCH 307 N 1ST ST WYLIE TX 75098-4478 S1169 RAILROAD (CWY) 6 3 RAILROAD (CWY), BLK 6, LOT 3 WYLIE,TX 75098 307 N 1ST ST 2112509 R-1169-006-0010-1 CITIPOINTE CHURCH CITIPOINTE CHURCH 307 N 1ST ST WYLIE TX 75098-4478 S1169 RAILROAD (CWY) 6 1 & 2 RAILROAD (CWY), BLK 6, LOT 1 & 2 WYLIE,TX 75098 306 N 1ST ST 2557565 R-1169-005-009R-1 MONTGOMERY RHONDA S 306 N 1ST ST WYLIE TX 75098-4477 S1169 RAILROAD (CWY) 5 9R RAILROAD (CWY), BLK 5, LOT 9R; REPLAT WYLIE,TX 75098 404 N BALLARD AVE 2684215 R-10276-00A-0010-1 ROMAN CATHOLIC DIOCESE OF DALLAS ST ANTHONYS CATHOLIC CHURCH ST ANTHONYS CATHOLIC PARISH PO BOX 190507 DALLAS TX 75219-0507 S10276 ST ANTHONY CATHOLIC CHURCH ADDITION NO 2 (CWY) A 1 ST ANTHONY CATHOLIC CHURCH ADDITION NO 2 (CWY), BLK A, LOT 1 WYLIE,TX 75098 BALLARD AVE 2704552 R-1166-000-R001-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 S1166 KELLERS FIRST ADDITION (CWY) R001 KELLERS FIRST ADDITION (CWY), LOT R001; ROW WYLIE,TX 3/29/2018 PY-tvp Wylie City Council tt° AGENDA REPORT Meeting Date: April 24, 2018 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 11, 2018 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, a change in zoning from Agricultural-30 (AG/30) District to Commercial Corridor (CC) District to set the boundaries on 19.76 acres, generally located at the northeast quadrant of SH 78 and Brown Street. ZC2018-05 Recommendation Motion to approve a change of zoning Agricultural-30 (AG/30) District to Commercial Corridor (CC) District to set the boundaries on 19.76 acres, generally located at the northeast quadrant of SH 78 and Brown Street. ZC2018-05 Discussion Owner: Matt McGuire, LadyLike Property, Inc. Applicant: Bill Thomas,Engineering Concepts and Design, L.P. The applicant is requesting to rezone a 19.76 acre property located NE of Brown and SH 78. The property has frontage on both SH 78 and Brown Street. The property is currently zoned as Agricultural (AG/30) and is not platted. The applicant is proposing the property be rezoned to Commercial Corridor (CC). CC zoning is compatible with the Comprehensive Land Use Plan. The area is designated as General Urban, which generally supports the retail, service, office, light production and research, with some high density in a mixed-use setting. The purpose of the rezoning is for the development of the property. The applicant has tentative plans to develop the SH 78 frontage as retail/restaurant uses. The applicant is actively seeking a use for the rest of the property. If the zoning request is approved, development must adhere to the standards as set forth in the zoning ordinance. The property is bordered by Commercial Corridor to the west, Heavy Industrial (across SH78) to the north, a Planned Development to the east generally limited to an Electrical Substation, and residential to the south across Brown Street. Notification/Responses: Thirty-Four (34) notifications were mailed; with no responses returned at the time of posting. One citizen spoke during the meeting with concerns for crime, noise from traffic and decrease of (Rev 01/2014) Page 1 of I Page 2 of 2 property values. PLANNING & ZONING COMMISSION DISCUSSION: The Commissioners voted 6-0 to recommend approval of the request. j ' j✓ 1 \ „55•• -L' •11 ri 1 LI r-, E:L'id L 5 w ie c \•-•••=5•,:i5:',,'''-'5::* „.--- 1 —LI �__ Subject �� v fe 5 • • Properly ° I V I / J. t • H,L \ r-- ; r ' vL t' /\ tI k . _ __ w II },' 1 - - t'..w t ! 1 ,.3 C- 1 \ L a _._i , 11;- . vt „ Ar, , rt,1 r , ,1144 _ • . __ '� �``'Z t/�� 1 r i !I L ; a • r i c_ � I� n` �.�/; / �� �r �A�� ,, � r s1,� �T 2 LLB r I E G A k-IeS: I i }(r`T t i ▪ -.,._ ' x —r , j {%j J~s `47,tier 1`till =�'1 ( • ! '-7�L.!1. �,ii.. fl 4.�i�_`_r�'i r —LYE„ 14.1._=i:.1.._. 1 \ : I '' /1 j 1 Ii...��1 11 �./1 r J / 1r \} Fk L-r: i- `"1' .r s !.,k 111 -nrat CEMETERY - 1 ,... k. t i L 1! tt it r ii _-1 11_ f . r :-A 1 -1,--fr,q '�1 [1. _��I 1 1., t r � ' � �; �1 rid Ii j���C� L. ,_t , a _ fA .i . Nf �� �� � \' q - Ilit 4'�1!' 1 a J 112 '_i. 7 �k... . ',• y,. i �; r �� n., ,�.. _ „, i �y t L.1 5 �`t 1 �1 � '"� ` �♦1 ''t � 11 r T j .�\ 4' [17 E4_d._/� 1.[[.....[[1: f'k J �-1 r /LIL j (i7,LL 4 a 1 j 4� \�\ r \ r L 3-1. if /[ �`.r "1 31 ,1.4 '� 1 fair 1 1 31,1- _l.ILL, � �_.L. ...\12 . C � A r I1}I'7 r �1� �! ' , M' ;- i T\ i . _�\-!i( !,� —L_� KINE•LEMENTARY S l O i LOCATION MAP ZC #2018-05 Map Date:2/28/2018 PENG (Ili tho! of fortd fr Golan County, Texas. out of the Faancitiaa 0 iuPloo Sorvey, A 688„ ono' beIng part of thc.)f coned 2$. 2 5 n& ooresof lurid acrscr thed deed fo rhe Ladyil.ke Shop, the, o recorded Volume )030. Page 41 6. of the Deed ReGoe'ds of Co/an County., Texas., r:je7d dcqrig furthor described US tOnOW...i: HECINNiN0 at o 5/8 lochsteei rod found on rho 50q.,IIhtlac jri of stet Htghway No. 78 of the North corner f heat 1, 8/4,-JrA I of S.O. 78 Rocatroc Additton C1.5 recorded in Voturno 201 3,, Page 55 of the Plat Records of Coilfn County, Texas; THENCE North 52 degreee 113 rdiriutes' 00 East (Bearing Barl, ), 7 )'87,75 feet oiong f he Southedst !time of said State. Highway No, 78 to et .5,78 irtoh t eel rod set at the North corner of soW 23. 125 rHENCtd ong the East fine ot sold 2$.1"28 C1C1-63.5 faHow : South 0.3 ds9rees )10 mlautes 00 seocrIde West. .105-60 toot to o 5/6 Inch s-feef rod set; South r9 degrowN 04 minutes 00 tim;ciriJs EdEt, 84,63 foot to CY 5/8 inch sleet rod vot; South 00 degrees 70 minutes 00 seconds Last, 56.80 feel to a 5/8 Inch steet rod sot; South 08 degrees 55 minutos Oa 5 occriths. Last, 89J19 fevt to a 5/8 Inch steel rod set; 0 degree:5 20 tnir)14/0,100St9cormis: East, ,3%`5.„r3 feel to a 5/8 r.b teof rod South /2 dogroes $1 min Ptes 00 .70cOrlal; L.oit, 35,18 feel to o 5/8 inch stout rod set; South 50 degrees 55 minutes 00 seconds Fa (, 47,45 feet to a 5/8 inch steel rod set; South 33 degrees 50 rrLttiLiteS"' 00 Seconds Eusf, 1 07.77 feet to c 5/8 'inch stoo i rod edt: South 42 degrees 41 riinte, 00 seconds Lost, 161.28 feet to c 5/8 ,,not, greet roc-I sot; uth degrees 20 wilt/otos 00 seconds East. 52.00 feat to a 5/8 limb leet rod set; South 31 ciesrrees 09 minutes 00 seo.onds ,Cost, 58,67 font to a 5/8 inch steel rod set; South 25 degrees 41 rrilmd tee 00 se cosnds Cast, 42$. 3 feet' to a 5/8 inch tee! rod on the Nor/It Pm/ of that raided 0.060 dares of /and described in o creed to City of (.7 5' recorded under C0 201310/500/423340 of the Official Public Record.s of col/in County, Texas; THENCE North 88 der;Trees 27 rrirnutes 18, seconds Worst, 27,56 feel' along the North Pne of sold 0,069 ocres to a 5/8 loch steel rod set at the Northwest corner of .7Crerd 0.069 acres; THENCE South 01 decircez-, 32 minutes 42 seconds West. .50.00 foot la 5/8 Inch slue( rod se! at the Southwest earner of did '0.069 acres, and Loa the North line of thdt coiled 0.310 dc,.-res of lona described in a deed to the Oily of Wyete as recorded under CC# 2010 3001358650 of the Of frcial Pabfh.; Records of Colltn County, rroxci , arra at point of non—tdogchl curve un the North tine of FL', 8rowo .7,p1root' THENCE olorro 016 North iine of said 0,3 0 oaros 47.‘w tho Nor th Vde of 1.,-;1a4d E. Grown Street ON (ONOWS: NQrt(iwtrty, 45.80 feet along sold our VP t ( 164 etf91I, hovitig radfuz.,. of t 080,00 fr8i and ce n trai d n g le of 02 uojraa 25 rihtufes 4,7 seconds (C.";.11orci boors North .81.5 dogroos 30 nii00jo 19 OCOnCIS Woof, 45,80 t-Oc21') to a 5/8 Inch steel rod sot ot pi / of reverse rye; North wo4.7.terly, 91. 10 f eot oh-Dna Auld cur v,e to the lofto1r, ri roalog of I 150,00 f set arid a control ongle f 04 degrees, 29 fmrnufas. 59 goocnd s (Chord hrr North 86 degrees 32 mttlutes 25 socand,s West, 31,08 feel) to a 5/8 locth sl'oel+ red set of point of tangent. North 88 degrees 27 mkinufers /0 seconds West, 567..34 feet to o 5/8 inch sleet rod' set at point of curvo; Southwesterly, 95.98 fool along satd curve to the left having a ratilds of 1160,00 fci and o centre)! onghtt of 04 degrees 47 mtnotes 24 seconds (Chord beinrs SC1(41'N 89 del,reel 09 r`n ,e0FIN SP(2r)rld3 West. q6.95 foal) In inch s fee? rad 'rr cit p.041 t of reverse curve; Soul)Tovesterty, 45.94 feet along sold oarve to the I-10;40g 0 rOdiU3 of 1080,00 fact and o con/rot angle of 02 degrees 20 rranutes 13 secords (Chord bears 5outh 67 degrees 38 mdmies 32 sOCQadV 49';,5 feat) to on "X" seat at the &authoring corner of that cotted 0, 1:24 acres of kind desortbed 4) a deraor to the Ctty of Wylie o recorded under CC,# 20/310,1'5001423350 of the Of Nal& Poblfc kecora,'; of cnt1lt`) County, TO3403.: THE'NC,E North 01 degrees TO mfriorott 72 ecorral East. 44 29 feet (Stang the boot citno of ,lofd O. 124, cores to a 5/8 inch steei rod set at tho No rt hee4 st corner f old 0.124 acrvs: THENCE' North 88 deçjrtur-r 43 trifnote3 38 se uon ds Weis!, 720.00 feet otong the North Ono of said 0.124 acres a 5/8 inch skvoi rod ,sei at the Northwest corner 01r :3018 0. ?24, C7C.'re5'; THENCE South deprees 16 fri{noles 22 seconds West, 1, 14 feet along the West hero or cold 0.124 acres J`ci a 5/8 lrch, steel rod sat an Vie Nor/boost !fine of said Lot 1; THENCE North 47 dograo 41 minutes 24 .seconcili' We.st,, 420. 17 feef along the Northeast flne of sotd Lot 1 to the PO/Nr CIE BEG/N,NtNG', conlatnlng ?9.75 ncraa of land. LUIVl,. MUIV. FOUND 0BENt`; .2ti that /root of Fat rr,_ in CO(lra€ CourOr, Texas, oat of the Francisco, Oe r,u, Pireu Survey", 4-firt.8 and aelng part of (hot ar„'ailed 23. t2.5 net (acres of tansl "ieasesrrhed In a ._s L. E I ,_. „ rl l_ �.I I I E-N.s I I t E.ya_-Ar ,IC 1.?.; I, I ,N deed' to The Ladylike Shop, Ino, as recorded in Volume i 030.. Page w$`l 6 of the Deed ...x i 4080.1,.'0* `S.F'S. � ...?. ',`, IN t; ,.1 .i r V',l , .' Records of Co{Fin County:, Texas, and being further dasc;�rrood as fo,hows: 1.: I tfi.?,00' 1 . i, t l .t;ar ' N. w,,:+ Yi-. ;ilya ,11 '1, ,nm BEGINNING dia �/6 SS,nch sle rt rod four d an the Sautht+ast lfrae of State Highway N . 78 ,11,.., 1 11 0,00 H.'(avr.:" 98 '3 89-C.)9 0;,a r`tl 04'„ l'2 4 " at the North corner of Lot 1, Black 1 of S.H. 78 Rocetrac Addition as recorded 1n + p lUl i + a, a r• '4a - � , + e rr Volume 2013, Pogo 55 of the Plat Records of s of la County., T errs: . zA THENCE N°a�>rth 52 degrees 16 minutes 00 Eust (8:,d+,rrig Pusis), 11617.75 fees` along the lir4P Sfii„.1theost tine of Bold Stolen Highway No. /6 to a /mot :non .s'tec�i rod ~rot at t ^.e Norte corner` at said 2r . T /' r7r^:r0a „ A _ , I� `� �� Ix P��� THENCE along: the East liars of sold 23.. 12J acres follows, i� � , v4 to 7100 Y - f, 100 O • P� 9) CV V \�J South 03 degrees 10 minutes 00 seconds West. 105.60 t et to a 5/8 loch steel rod set: �I P Ol' SGLoth '19 degrees 04 minutes 00 _ser.onds East. 64.6 feet try a 1,-Vat 1n:,,ir ; t nett rod sag; I . , 6 �, 1/Mies r° 0) qv) , ,,. �. I �Q �( 1� SouthOD degrees 2C7 minutes 00 stern cast, Sfa,BU feet to a ..'�8 inch steel rod sot, iu „ �'rY KCAL o'"i F �� �� �G�OJ' ,/ south OF degrees 00East, r3'9.09 feet to a 5/,8 inch steel rod set; 54i rEnutes seconds �} 1 SO' G cP ini_atta .38 degrees 50 n,irutes 00 3 t..3 feet to a `i/ inr_ta steel rod ,seat, seconds Fast, § .. LJ;t (rof , / �'0 ��,• Sou 'th ✓ dergreras i minutes 00 seconds Last, 38. 16 feet to a 5��''"e inch steel rod set; Q South 5-0 degrees 55 trrhutas 00 seconds Last. 47.46 feet to a 5/8 inch steel red scat. ,' t1 V\-AG' South 33 degrees 50 rnlnuters 00 seconds East. 107,72 feet to a 5/8 'roch steel rod set: 7 „ :, i ,1 �� South 42 degrees 41 rr In ater5 00 seconds East. 161.2 feet tra a i,/'B inch steel rod set; I 1, �.1/2"SRF South 77 degrees 20 ea'rinutes 00 seconds East 62.00 ftaeat to a 5/8 Inch stool rod sot; LY 1 1 " "�, r 1 BHC 9 r„ CAS 5o.ith .31 degrees 0, nwlnutes CO seconds East, 58,67 feet to a 5/8 inch steel rod set; L 0 0 . 0 i \S `;r,ath 25 rye arenas 4 T n•a/nzafes 00 cecnnns0 frost, 41I i. i3 feet to o 5,78 am ind steel rod set I `1 ,5 .. ' o . t �� or the ,4ur,.tri line of l'tact called 0.069 cores of longue d'es'crrt ed in a dead t City of e `"�"""" °�"�"°'" t WVy4ie es recorded under UGC 2iUl:"f 1UI5e,E:44�'3.3.a.f3 of the C)ftia�real Public' Records of Cott+`ra 1 I. 1.`! i�. � Coc,anfy. Texas; N 1 :- i. `.:0 D THENCE N°ord,+a 88 degrees 27 ro(ntatta;s t8 .seCcincis t1/400w 27.56 feat eatorrg the North line of said 0.069 acres to a 5/8 inch steel rod sot at fh. Northwest corner of said 0.061 7 r 4 4{ 4 A Int) liti ,,,,. ..... ,.. Y ...._...,,... .....,..._ ..._.. \f I F.= l° t \ 5��\ 0 . THENCE South Of degrees 32 rraiinutes 42 Secacaads West, 50,00 feet to a 5/8 inch steel O\ 3IppOJC4 rer' sot at the 5outtnWasf corner of said 0.069 acres, and on the North Igoe of that y_.. i 1, as . `,"„ '_.° \\4G' • called` 0.310 acres of land described in a deed to the City of W°yite as recorded under r �\4 r.� CC:.# .201012130 13.55550 of the Otficiai Pu€atic. Records of` Caltln County, Texas. Crud at r r �Px' tof t t t1 h F Brown,...�.,:. .,......._-,.:_. �:.,.... .,... �O point non on,7; n cL.,ry n' on • e or'th l"ne of St(er t; L2 , I 4 E 2 4 u`o . tk. ,.. rACi 5 cIS\ P —I rfit NCI' incur .l the Nan're) One at sc._IW �t.31 n acre and the North .a"ne Of :sorrel t „ Brown F,�\ � G\e PCB r��� trtarrt as (allows: �� ��1� '‘� 11 �,O PART OF Northwesterly. 45,8(l feet along said curve tothe rt,,�f:f having a rod of T080.000 tent C' S CALLED 62.39 ACRES or,ci ctt,trat car,at,' r,t 02 Ckgteets 25 rthrh_rees, 4 v,+eroor,,;is (Ghor~u bsur,, :4,, rlta FCC; deur++e+ti (�� d� 1130 minute 19 sce ode, Vicsf. 45.8rr9 foci) to a 5/8 inch stool rod smt at point of 0�,� 5� Qyo C ,4 6 NiN\ 1,04All VOL. 646, PG. 631 reverse curve; VGA •(,pa�'Q North Vi,1asItr°iv, 91., 10 feet otur'g s�uis rut V*? tra 11www left Honig 9 a radius, of 1 760,00 feat 9eo�a�f0 andacontrolera tee of J4 ragroes s9 rrafncafras 59 sea. �raeds (C,".rand tse;�a,rs North 86 �G�`Ld'egrees 32 r,alnutes 25 seconds Wrest, 91.08 feet) to a 5/5 Inch steel rod set at point 4. ca'f rage 7ti r ,5 _. / at rIttc,e°rBsorytecueea�, 2e r<-ira7attes 10' ae.-e?.,-0<-ir 0,�t%�s+. `flr�.34 feel to ti,, 5,748' inch steel rod .sett r / O Southwesterly, 9Fi.5i8 Ennui along sold curs© to the feet having a radiusof 16Cu0ta feet ptJ' 5*.. t-3 and a central ors9le of 04 aa,egr:ees 47 nrilule,s 24 seconds Chord bears S er.,rftt BB J+ p0�1 O / , / O� O C� 9 der greew� ?9 ratrrrL'i" c 07 '5Cdnnr.,,1s' iAr•t, 06 9.5 foot) try Cr ,/N inr,.t9 ;stt°ei e.odi 5rrt of point �� �`�� 0 Fpp� �O� ��f 'r°everse curve: �0y,. ,'0r94 feet along sux:gi r':rdrIvio to thy;, ne hi 4'1(21 i0.9 a Q' •' C� aaiat,iw�xrbte+r'y �c�` ` \ S� O� r dEas of , 050.00 feet cod a ce;nfr"at angle. of 02 degrees 26 9� 9 minutes 13 seconds (Chord hord bears South 8/ degrees 58 crates i0 .5,,2 seconds 4rtr' s2,, 45..93 feet) to c F,,, set o' the Southeast �c canner ,of that nutted 0. 124 acres a t fond described rn a deed 410 _O to ,the C14.0, dt Wylie as recorded kinder CC# 201310 t 50'01423:350 of true Official' PEtdt,rr Records of CaltYra CaLiaty. Texas; 19. 76 ACRES ' <.7[ Tht.NCE North 01 degrees 76 asi.nures 22 seconds East, 44.20 e� emu, feet along the East s ¢ire of srzta', Cl. I24 dares rs to d ,"*tr tt, inch • i steel rod ;Mr,t at t€ e !.orfl-itcs,t r`Or'rCt of said Oe 17 acres; PART OF G� ZONE 'X THENCE E North rye r egreaers 43 rrr rrr=reas 1 :seconds West. 120.001 CALLED 23. 125 NET ACRES �p feet ,.l409 the North lire of sir d tl 124 ..gas it' d 5/13 ncrd (SHADED) ��� THE LADYLIKE SHOP, INC. $teed rod sort of the P rfhwe.l Cr .ricer of sots' 0,124 a,tcr'ea ; POINT OF BEGINNING �� VOL. 1030, PG. 416 Te,ENCE .South' 01 dec.0-'ees 1 minutes22 seconds West, I. I — \ t,4 fee along the West fine of saint 0 124 cruses, 1a a 5,, 8 inch N1/0,p, tree: rod set on t"re tsor read l°irre of sold Lot 1; \-0<c)S-1,4_\##0.a" � FRANCISCO DE LA PINA SURVEY, A 688 pti� ZONE 'AE' ! THENCE orttP 47 ' errees 4T mirn.,,tee 24 seconds '/rest. 420. ,i,7�c� p„ F-t A feet along the Northeast One of said Lot to the POINT OF �`;, -.1 4 \-:c.55:::),-1- GN \ , BLGmtw"''°f+J,iN9.:ae contoir'a,",c p 19.76 acres f ;°wind„DS i ,,o ZONE 'X' EXISTING ZONING: AG a.� �,�o/ so 9 PROPOSED ZONING: CC 90R `yv (19.76 ACRES) ZONE 'X' \I BLOCK 1 ` , <5 LOT 1, -, "a S.H. 78 RACETRAC ADDITION 1111111 VOL. 2013, PG. 55 4, \111V OWNER EXISTING ZONING:CC rn s/ / f L 18� LADYLIKE SHOP INC. r P.O. BOX 516 ORTH TEXAS MUNICIPAL WATER DISTRICT EASEMENT CC# 20150904001 131540 /d L _.I 20' NORTH TE : o.,- I ,: ; • _ ► • C. 4 —- = - d _ L15 WYLIE, TX 75098 CALLED 0.124 ACRES CALLED 0.310 ACRES L 16 — --C2 C 1 CITY OF WYLIE CITY OF WYLIE E. Brown Street CALLED 0.069 ACRES CC# 20131015001423350 CC# 20101213001358850 80 R.O.W. CITY OF WYLIE EXISTING Z NING: SF-10-24 CC# 20131015001423340 30 0 OAKS ADDITION, PHASE 4 a) 'i „ CAB. S S >L. 1 EXISTING ZONING: SF-10-24 1 © 1 EXHIBIT B p EXISTING ZONING: PD 2013-33 SHILOH BAPTIST CHURCH OF WYLIE E EXISTING ZONI G:PD 2013-33 19 . 76 AC R H S 0 29 0 / VOL. 94/0012161 .� 3 2 2 2 ZONING H:XHIRIT EXHIBIT BASED ON THE 0 \ BOUNDARY SURVEY FOR C KREYMER ESTATES PHASE 2 THE SUBJECT PROPERTY CITY OF WYLIE l JUSTICE, RICHARD & MELODY CAB. L SL. 48 ENGINEERING CONCEPTS & DESIGN, L.P. BY MATTHEW BUSBY RPLS OPEN SPACE, PARK & D.E. DATED SEPTEMBER 22, VOL. 2399 PG 222 CITY OF WYLIE ENGINEERING/PROJECT MANAGEMENT/CONSTRUCTION SERVICES 2016. KREYMER ESTATES PHASE 3 OPEN SPACE, PARK & D.E. TEXAS FIRM REG. NO. 001145 2014-649 PERRY EASTERLING TRUSTEE 201 WINDCO CIRCLE, SUITE 200, WYLIE TEXAS 75098 VOL. 21 15 PG 56 (972) 941-8400 FAX (972) 941-8401 DATE: 3/06/2018 PAGE: 1 OF 1 3760\3760 Zoning Exhibit.dwg 88 "77027 86022-2 „o '21 87 89 -l �t , 224 83 226 toot- � 85 214 , II i. t .,__ \ �11:' 77 76 -77 ;ts.21 221 t' 272-1 i - 41117110:1141 81 772 ii ._W 1 C) �t _ y t t 5' yi. i J 4 .0 /L, VC I t - ts. . 'Ci -,a. 202 203 .r'' _— - s..,.. ,> A 1� t y} ; ;; ,e� " 772 E 1� 2� !!1 2 t9 � 1 150 ' , 4 ' ,w �,.A �: 54 (55 561�57 584 -j. ' 13A� � '2 2 29 S t rrr�w+e� 6666, r� 6 5i, ..� 65-6-5 1-2 . 4 ry 7 4j ' 12 11 10 & 7 6 5. ,3 4 l 62 18 SHELDON90 } 1 - —C-- �2-2 :_141_ 26� l ,,� -�. i 1 ! i 4 3ti .: �_ 17 0 y h � I 3D 13_. 7, _ ,r 6� 0y 25 13 , B 9 C)t p DR t 5II �o , 1t6 r' "_ 3? 3 5 08 5 15�17 1302, �10 2 ( 1 6 48 `6 T 36 ' 22 t.. 20, $l .6.-,.,1C] 7: 24 6t pig 18 19 21 23 14 >: 36 �.. i 9 8 7 t- 2A- ;10 , `6' � C f i ;5�26.' 1 47 is 24 11-22 34 \\2 t , 8� �6 2� 8 9 22 � } 4Bi 46 , �33 1 ; :Z 11 - .� .. _ '0.T 0` 291 A5 6 2 21 81 ' G12 �10� 11 201 , 10 x4w..14 35 34;33 32!31 30( :28. s, 91 / 26 � -� � 1C�, `21 21 109 t 14 13 WYLIE '' 1 12" ``11 !�111 ! 15 KR Yd s.P., 27 1 z6 �� CEMETERY -�1` 1 ' 18 12 1 ''/ 'id:, L. 36 � �,� 8 i �2g ,�' = 1 15 1 16 � C �> �4z 41� s 7/72/22 30 45 �,. 13 1 17 13 17 PARS ;40 6 52 1 } 16 _r. E E 3 s 3 -... . - 13 17i : 614 15, 1 r14 18 — 'l 41 .., 44 t � / °' 1 38 145 1 46 t 47j 't 37 d..� OAK ST 39I4o ,42,a3i 1 �� - 1--_- 1._, I _) , i �1 . f "6„ 10 ' :- -a 48' 9 150,51 52 7 27 } /36 1 :25 ` ,1,./8.,i 8.'�-7-1i ($1 ,4,1i3�'1-2• �f I .). _ 1 ,2 , - ,_ I „. I ��� �` - i 3 1 4 5 11 6,i 7 i 8 , 9 110;1-I 1, 12 OA ' $'5 26 �' I r ,., ' _1_._1_..,i__ i �_.t-..� i 13 r 68;57,1'S67'�r � 2 i r �, ?-!'T` OWNER NOTIFICATION MAP - ws(I ZC #2018-05 Map Date:2/28/2018 ZC_2018-05_Ownersh ip_Notification_List PROPERTY ID XREF/GEO ID OWNER NAME DOING BUSINESS AS OWNER ADDRESS 1 OWNER ADDRESS 2 OWNER ADDRESS 3 OWNER CITY OWNER STATE OWNER ZIP(SUBDIVISIOP SUBDIVISION NAME BLOCK TRACT/LOT LEGAL DESCRIPTION LEGAL DESCRIPTION 2 SITE ADDRESS 428889 R-6688-001-0810-1 TXU ELECTRIC CO TXU BUSINESS SERVICES COMPANY STATE AND LOCAL TAX DEPT PO BOX 219071 DALLAS TX 75221-9071 A0688 F DE LA PINA SURVEY 1 81 ABS A0688 F DE LA PINA SURVEY,SHEET 1,TRACT 81, 1.31 ACRES WYLIE,TX 75098 E BROWN ST 429138 R-6688-004-1050-1 EASTERLING PERRY TRUSTEE %M & R JUSTICE 830 E BROWN ST WYLIE TX 75098-3719 A0688 F DE LA PINA SURVEY 4 105 ABS A0688 F DE LA PINA SURVEY,SHEET 4,TRACT 105, .3853 ACRES WYLIE,TX 75098 830 E BROWN ST 429147 R-6688-004-1060-1 JUSTICE RICHARD& MELODY 830 E BROWN ST WYLIE TX 75098-3719 A0688 F DE LA PINA SURVEY 4 106 ABS A0688 F DE LA PINA SURVEY,SHEET 4,TRACT 106, .33 ACRES WYLIE,TX 75098 212 LIBERTY DR 1662230 R-1436-002-0010-1 LOPEZ ILDEFONSO& BEATRIZ RODRIGUEZ 212 LIBERTY DR WYLIE TX 75098-3702 S1436 OAKS ADDITION NO 4(CWY) B 1 OAKS ADDITION NO 4(CWY), BLK B, LOT 1 WYLIE,TX 75098 211 DOUGLAS DR 1662515 R-1436-002-0290-1 TAYLOR JOHN B ETUX 211 DOUGLAS DR WYLIE TX 75098-3765 S1436 OAKS ADDITION NO 4(CWY) B 29 OAKS ADDITION NO 4(CWY), BLK B, LOT 29 WYLIE,TX 75098 213 DOUGLAS DR 1662524 R-1436-002-0300-1 GUTIERREZ JUVENAL MEDINA 231 DOUGLAS DR WYLIE TX 75098-3765 S1436 OAKS ADDITION NO 4(CWY) B 30 OAKS ADDITION NO 4(CWY), BLK B, LOT 30 WYLIE,TX 75098 210 DOUGLAS DR 1662533 R-1436-003-0010-1 HPA BORROWER 2016-1 LLC .180 N STETSON AVE STE 3650 CHICAGO IL 60601-6709 S1436 OAKS ADDITION NO 4(CWY) C 1 OAKS ADDITION NO 4(CWY), BLK C, LOT 1 WYLIE,TX 75098 208 DOUGLAS DR 1662542 R-1436-003-0020-1 FAN WILLIAM & JENNY FAN 1140 PEACOCK BLVD CARROLLTON TX 75007-2943 S1436 OAKS ADDITION NO 4(CWY) C 2 OAKS ADDITION NO 4(CWY), BLK C, LOT 2 WYLIE,TX 75098 E BROWN ST 2121679 R-6688-001-0930-1 LADYLIKE SHOP INC PO BOX 516 WYLIE TX 75098-0516 A0688 F DE LA PINA SURVEY 1 93 ABS A0688 F DE LA PINA SURVEY,SHEET 1,TRACT 93, 18.3048 ACRES WYLIE,TX 75098 2138576 R-6688-001-2150-1 NORTH TEXAS MUNICIPAL WATER DISTRICT PO BOX 2408 WYLIE TX 75098-2408 A0688 F DE LA PINA SURVEY 1 215 ABS A0688 F DE LA PINA SURVEY,SHEET 1,TRACT 215, 5.489 ACRES WYLIE,TX 75098 840 BROWN ST(OLD HWY 78) 2506753 R-5139-001-0010-1 TRINITY FRIENDSHIP BAPTIST CHURCH OF WYLIE TRINITY FRIENDSHIP BAPTIST CHURCH OF WYLIE 840 E BROWN ST WYLIE TX 75098-3719 S5139 SHILOH BAPTIST CHURCH ADDITION (CWY) 1 1 SHILOH BAPTIST CHURCH ADDITION (CWY), BLK 1, LOT 1 WYLIE,TX 75098 N STATE HWY 78 2614083 R-6688-004-2030-1 TEXAS DEPARTMENT OF TRANSPORTATION 4777 E HIGHWAY 80 MESQUITE TX 75150-6643 A0688 F DE LA PINA SURVEY 4 203 ABS A0688 F DE LA PINA SURVEY,SHEET 4,TRACT 203, 1.734 ACRES; STATE HWY 78 ROW STATE HWY 78 ROW WYLIE,TX 75098 N STATE HWY 78 2614087 R-6688-001-2210-1 STATE OF TEXAS PO BOX 3067 DALLAS TX 75221-3067 A0688 F DE LA PINA SURVEY 1 221 ABS A0688 F DE LA PINA SURVEY,SHEET 1,TRACT 221, 2.3267 ACRES; STATE HWY 78 ROW STATE HWY 78 ROW WYLIE,TX 75098 LYNDA LN 2648983 R-6688-001-0770-1 ONCOR ELECTRIC DELIVERY COMPANY PO BOX 139100 DALLAS TX 75313-9100 A0688 F DE LA PINA SURVEY 1 77 ABS A0688 F DE LA PINA SURVEY,SHEET 1,TRACT 77, 16.501 ACRES WYLIE,TX 75098 971 E BROWN ST 2648984 R-9690-00A-0010-1 ONCOR ELECTRIC DELIVERY COMPANY LAVON SUBSTATION PO BOX 139100 DALLAS TX 75313-9100 S9690 ONCOR LAVON SWITCHING STATION (CWY) A 1 ONCOR LAVON SWITCHING STATION (CWY), BLK A, LOT 1 WYLIE,TX 75098 E BROWN RD 2648986 R-9690-000-R001-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 S9690 ONCOR LAVON SWITCHING STATION (CWY) R001 ONCOR LAVON SWITCHING STATION (CWY), LOT R001; ROW ROW WYLIE,TX 75098 BROWN ST 2658176 R-6688-R04-1101-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 A0688 F DE LA PINA SURVEY R04 110-1 ABS A0688 F DE LA PINA SURVEY,SHEET R04,TRACT 110-1, .42 ACRES; ROW ROW WYLIE,TX 75098 BROWN ST 2658177 R-6688-R04-1102-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 A0688 F DE LA PINA SURVEY R04 110-2 ABS A0688 F DE LA PINA SURVEY,SHEET R04,TRACT 110-2, .057 ACRES; ROW ROW WYLIE,TX 75098 BROWN ST 2665880 R-1436-R03-0011-1 WYLIE CITY OF C/O US RIGHT OF WAY 151 W WALTERS ST LEWISVILLE TX 75057-3959 S1436 OAKS ADDITION NO 4(CWY) R03 1-1 OAKS ADDITION NO 4(CWY), BLK R03, LOT 1-1; ROW ROW WYLIE,TX 75098 BROWN ST 2666599 R-1436-R02-0301-1 WYLIE CITY OF C/O US RIGHT OF WAY 1454 JAVELIN WAY LEWISVILLE TX 75077-7655 S1436 OAKS ADDITION NO 4(CWY) R02 30-1 OAKS ADDITION NO 4(CWY), BLK R02, LOT 30-1; ROW ROW WYLIE,TX 75098 BROWN ST 2666708 R-6688-R01-0921-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 A0688 F DE LA PINA SURVEY R01 92-1 ABS A0688 F DE LA PINA SURVEY,SHEET R01,TRACT 92-1, .073 ACRES; ROW ROW WYLIE,TX 75098 BROWN ST 2666711 R-6688-R01-0931-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 A0688 F DE LA PINA SURVEY R01 93-1 ABS A0688 F DE LA PINA SURVEY,SHEET R01,TRACT 93-1, .237 ACRES; ROW ROW WYLIE,TX 75098 BROWN ST 2677470 R-1436-002-R001-1 WYLIE CITY OF C/O US RIGHT OF WAY 1454 JAVELIN WAY LEWISVILLE TX 75077-7655 S1436 OAKS ADDITION NO 4(CWY) B R001 OAKS ADDITION NO 4(CWY), BLK B, LOT R001; ROW ROW WYLIE,TX 75098 961 E BROWN ST 2681983 R-9690-00A-002A-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 S9690 ONCOR LAVON SWITCHING STATION (CWY) A 2A ONCOR LAVON SWITCHING STATION (CWY), BLK A, LOT 2A; REPLAT REPLAT WYLIE,TX 75098 801 N STATE HWY 78 2688719 R-10335-001-0010-1 MOUNTAINPRIZE INC RACETRAC ATTN GENERAL COUNSEL PO BOX 22845 OKLAHOMA CITY OK 73123-1845 S10335 SH 78 RACETRAC ADDITION (CWY) 1 1 SH 78 RACETRAC ADDITION (CWY), BLK 1, LOT 1 WYLIE,TX 75098 BROWN ST 2697590 R-6688-R01-0932-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 A0688 F DE LA PINA SURVEY R01 93-2 ABS A0688 F DE LA PINA SURVEY,SHEET R01,TRACT 93-2, .069 ACRES; ROW ROW WYLIE,TX 75098 BROWN ST 2697592 R-10335-001-R001-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 S10335 SH 78 RACETRAC ADDITION (CWY) 1 R001 SH 78 RACETRAC ADDITION (CWY), BLK 1, LOT R001; ROW ROW TX 119 CARRIAGE RUN DR 2711612 R-10669-00X-0010-1 KREYMER ESTATES HOMEOWNERS ASSOCIATION INC 1225 ALMA RD STE 100 RICHARDSON TX 75081-2298 S10669 KREYMER ESTATES PHASE 2 (CWY) X 1 KREYMER ESTATES PHASE 2 (CWY), BLK X, LOT 1; OPEN SPACE PARK LAND& DRAINAGE EASEMENT OPEN SPACE PARK LAND& DR WYLIE,TX 75098 309 HAWTHORN DR 2727661 R-10884-00A-0010-1 OSMAN NAJVAN ABDELRAllAK 309 HAWTHORN DR WYLIE TX 75098-7547 S10884 KREYMER ESTATES PHASE 3 (CWY) A 1 KREYMER ESTATES PHASE 3 (CWY), BLK A, LOT 1 WYLIE,TX 75098 307 HAWTHORN DR 2727662 R-10884-00A-0020-1 FLEMING ERIC WAYNE&CHRISTIE MARIE 307 HAWTHORN DR WYLIE TX 75098-7547 S10884 KREYMER ESTATES PHASE 3 (CWY) A 2 KREYMER ESTATES PHASE 3 (CWY), BLK A, LOT 2 WYLIE,TX 75098 310 HAWTHORN DR 2727673 R-10884-00B-0010-1 LANNING EDWIN G JR& RUTH P LANNING 310 HAWTHORN DR WYLIE TX 75098-7534 S10884 KREYMER ESTATES PHASE 3 (CWY) B 1 KREYMER ESTATES PHASE 3 (CWY), BLK B, LOT 1 WYLIE,TX 75098 308 HAWTHORN DR 2727694 R-10884-00B-0020-1 GRINDSTAFF PHILLIP D& LAJUANA 308 HAWTHORN DR WYLIE TX 75098-7534 S10884 KREYMER ESTATES PHASE 3 (CWY) B 2 KREYMER ESTATES PHASE 3 (CWY), BLK B, LOT 2 WYLIE,TX 75098 201 PEACHWOOD DR 2727749 R-10884-OOA-0130-1 WYLIE CITY OF _2000 N HIGHWAY 78 WYLIE TX 75098-6043 S10884 KREYMER ESTATES PHASE 3 (CWY) A 13 KREYMER ESTATES PHASE 3 (CWY), BLK A, LOT 13; (OPEN SPACE, DEDICATED PARK LAND AND DRAT((OPEN SPACE, DEDICATED PAF WYLIE,TX 75098 REDWOOD CT 2727751 R-10884-00B-0270-1 WYLIE CITY OF 2000 N HIGHWAY 78 WYLIE TX 75098-6043 S10884 KREYMER ESTATES PHASE 3 (CWY) B 27 KREYMER ESTATES PHASE 3 (CWY), BLK B, LOT 27; (OPEN SPACE, DEDICATED PARK LAND AND DRAII(OPEN SPACE, DEDICATED PAF WYLIE,TX 75098 3/29/2018