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12-11-2012 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING fir Regular Meeting Agenda December 11, 2012 — 6:00 pm Wylie Municipal Complex Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor Kathy Spillyards Mayor ProTem David Goss Place 1 Nathan Scott Place 2 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • David Keuss, Woodbridge Bible Church PRESENTATIONS • WISD "Shining the Wylie Way" Awards Presentations CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. December 11,2012 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed tinder the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the November 13, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2012. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2012. (S. Satterwhite, WEDC Director) E. Consider, and act upon, approval of Resolution 2012-39(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Municipal Complex Trails project. (M. Sferra, Public Services) F. Consider, and act upon, Ordinance No. 2012-45 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $435,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Municipal Complex Trails Project and deposit of $215,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra, Public Services) G. Consider, and act upon, approval of Resolution 2012-40(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Pheasant Creek Park Improvements project. (M. Sferra, Public Services) H. Consider, and act upon, Ordinance No. 2012-46 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $97,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Pheasant Creek Park Improvements Project and deposit of $47,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra, Public Services) I. Consider, and act upon, Ordinance No. 2012-47 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $48,000 from the Parks 4B Fund for professional services related to the Municipal Complex Trails Project; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra, Public Services) December 11,2012 Wylie City Council Regular Meeting Agenda Page 3 of 4 J. Consider, and act upon, Resolution No. 2012-41(R) authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for administration of the Solid Waste Implementation grant project. (R. Diaz, Superintendent) K. Consider, and act upon, Ordinance No. 2012-48 of the City of Wylie, Texas amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$45,800.00 from the 4B Parks Fund for Wylie Recycles! and approving a deposit of $45,800.00 from the North Texas Central Council of Governments Solid Waste Implementation Grant Project as revenues into 4B Parks Fund: Providing for a repealing, savings and severability clauses; and providing for an effective date of this Ordinance. (R. Diaz, Superintendent) L. Consider and act upon Resolution No. 2012-42(R) of The City Council of the City of Wylie, Texas, ratifying the salary and vehicle expenses for a dedicated PAWM radio system technician under the terms and conditions of an inter-local agreement by and between The City of Plano, The City of Allen, the City of Wylie and The City of Murphy and approving future expenditures. (R. Corbin, Fire Chief- Glenna Hayes, Purchasing) M. Consider and act upon approval of Resolution No. 2012-45(R) approving an Interlocal Agreement between the City of Wylie and Dallas County for Mutual Aid. (R. Corbin, Fire Chief N. Consider and act upon Resolution No. 2012-44(R) determining a public necessity to acquire, by purchase, certain properties for the right-of-way and/or related easements for the construction and/or improvements to Woodbridge Parkway. (C. Holsted, City Engineer) O. Consider and act upon the approval of the purchase of six (6) Tahoe vehicles for Police, two (2) pick-up trucks for Fire Rescue, and three (3) pick-up trucks for Public Services from Reliable Chevrolet in an estimated amount of$315,500, through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) REGULAR AGENDA 1. Consider, an act upon, a Resolution No. 2012-45(R) of the City Council of the City of Wylie, Texas authorizing the application of Mariposa Woodbridge LP to the Texas Department of Housing and Community Affairs for Housing Tax Credits Home Funds and support for the development of multi-family residential housing with a target population for adults 55 years of age and older. (M. Manson, City Manager) Executive Summary The proposed Senior Living Facilities would be located south of the Target development, east of McCreary Road. The Planned Development District zoning for this property (Ord. 2006-01)includes a retirement housing use which specifies that the head of the household must be 55 years of age or older, and also addresses density, setback and parking requirements. Bonner Carrington LLP is the developer of the proposed project. They have developed five other senior communities in Texas. December 11,2012 Wylie City Council Regular Meeting Agenda Page 4 of 4 The Council previously approved Resolutions 2010-09 and 2012-08 indicating the City's support of similar projects on the same site. The applicant is proposing to submit for this funding cycle which requires a Resolution from Council. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORKSESSION • Discussion regarding the parameters for a new solid waste contract. • Presentation by John Crew, Public Werks, Inc. and discussion regarding a Letter of Support for a proposed Toll Road Project between Greenville Texas and the President George Bush Turnpike. (M. Manson, City Manager) Executive Summary The Texas Turnpike Corporation (TTC) is a private toll road corporation that has legislative authority to build and operate toll roads in the State of Texas. Per the TTC representatives, the project is intended to alleviate traffic congestion in this area, specifically that of I-30 in Dallas and Rockwall counties. The proposed Phase 1 of the project would be built between Lavon and Greenville through a ground lease from the Northeast Texas Rural Rail Transportation District (NETEX). NETEX owns 88 miles of abandoned railroad right-of-way between Wylie and Mount Pleasant, which is commonly known as the Cotton Belt. As proposed,the project would ultimately connect with the President George Bush Turnpike. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. CERTIFICATION I certify that this Notice of Meeting was posted on this 7th day of December 2010 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, November 13, 2012 — 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 6:05 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Kathy Spillyards, Councilwoman Diane Culver, Councilman Nathan Scott, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; Public Services Director, Mike Sferra; WEDC Executive, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Kris Segrest of the First Baptist Church Wylie gave the invocation and the Plano SAR Color Guard posted the Colors and led the Pledge of Allegiance. PRESENTATIONS • Sons of the American Revolution Service Awards Award Recipients: 1) Sergeant/ now Lieutenant Anthony Henderson 2) Detective Venece Perepiczka 3) Detective Mark Johnson 4) Detective Jody Warren 5) Detective Jeremy Stone 6) Detective Nuria Arroyo 7) Detective Jonathon Johnson 8) Fire Captain Casey Nash Minutes November 13, 2012 Wylie City Council Page 1 9) EMS—Brandon Monroe The recipients above received the Sons of the American Revolution Service Awards for 2012. Each year the regional organization gives awards to Police and Fire Rescue for their service to the community. Members of the American Revolution Plano Chapter and the mayor were on hand for the presentations. • Caregiver Awareness Proclamation Members of the Wylie Relay for Life Chapter received a proclamation designating Caregiver Awareness Month in Wylie. The recipient of this year's proclamation was caregiver Heather Manning. Member of the organization were present to receive the proclamation from Mayor Eric Hogue. • Presentation of "Pictures of Wylie" by Alicia White in Honor of the City's 125th Anniversary. Alicia White, local photographer and wife of Councilman Rick White, presented the City of Wylie with photos of the new Municipal Complex and public art. She explained that the photos were to hang in the complex and denote the 125th Anniversary of the City. Mayor Eric Hogue thanked Ms. White for her contributions to the community through photography and longtime support of the police and fire rescue. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Bobby Heath, representing the Wylie Downtown Merchants Association, thanked the Wylie City Council and City staff for their support of the "2012 Boo on Ballard." He noted the program was a huge success with thousands of children and parents visiting the downtown area. Councilwoman Culver thanked the Wylie Police Department for the training session she received and noted she had learned a lot from the training. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the October 23, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2012-2013 in the amount of $29,204. (R. Orozco, Library Director) Minutes November 13, 2012 Wylie City Council Page 2 C. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2012. (S. Satterwhite, WEDC Executive Director) D. Consider, and act upon, the approval of the purchase of a Volvo L25F Wheel Loader in the amount of$61,611.00 from Romco Equipment Company; through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) E. Consider, and act upon, the approval of the purchase a Volvo ECR48C Excavator in the amount of $56,228.00 from Romco Equipment Company; through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) F. Consider, and act upon, approval of a Final Plat creating 45 single family residential lots and 1 open space lot on 15.937 acres for the Creekside Estates Subdivision, Phase VI, generally located east of McCreary Road, north of Ruby Drive and Phase IV and west of Riverchase Subdivision. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat creating 10 single family residential lots and 1 open space lot on 23.014 acres for the Creekside Estates Subdivision, Phase VII, generally located east of Phase of Phase VI, west of Riverchase Subdivision and Rita Smith Elementary. (R. 011ie, Planning Director) H. Consider, and act upon, approval of a Final Plat creating 63 single family residential lots and 3 open space lots on 45.170 acres for the Estates at Creekside Addition, generally located south of Parker Road, north of the City of Parker boundary and east of Bois d'Arc Road. (R. 011ie, Planning Director) Consider, and act upon, approval of a Preliminary Plat creating 111 single family residential lots and 5 HOA open space lots on 25.803 acres for Woodbridge Subdivision Phase 16, generally located north of Sachse Road at Creek Crossing Drive. (R. 011ie, Planning Director) J. Consider, and act upon, the approval of the purchase a Fire Rescue Boat in the amount of $163,342, and a Swift Water Rescue Boat in the amount of $16,041 Wylie Fire Rescue from Brunswick Commercial & Government Products, Inc.; through a cooperative purchasing program with the U.S. General Services Administration (GSA), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) K. Consider, and act upon, the approval of the purchase of a Jet Truck in the amount of $132,354.74 from Rush Truck Centers of Texas L.P.; through a cooperative purchasing contract with the BuyBoard Cooperative Purchasing Program, and Minutes November 13, 2012 Wylie City Council Page 3 authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) L. Consider, and act upon, Ordinance No. 2012-43 authorizing the annexation of a 52.4676 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, generally located south of S. H. 78 N, and east of Wylie East Drive. (R. 011ie, Planning Director) M. Consider, and act upon, Resolution 2012-37(R) of the City Council of the City of Wylie, Texas, authorizing the Wylie Economic Development Corporation to obtain a $548,935 loan from The American National Bank of Texas. (S. Satterwhite, WEDC Director) N. Consider, and act upon, the approval of the purchase of two (2) Rosenbauer 68' Fire Apparatus from Daco Fire Equipment Inc. in an amount of$1,475,487.00, through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) O. Consider, and act upon, the approval of Change Orders 1-5 to Wylie Contract # W2012-33-B Hwy. 78 City Hall Public Safety Complex Improvements in the total amount of$111,489.56, and authorizing the City Manager to Execute any necessary documents. (G. Hayes, Purchasing Agent) Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2012-44 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $67,630.00 for the General Fund (Recreation Division) for the Wylie Wave Program and deposit of $78,000.00 of revenues into the General Fund; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra/R. Diaz, Parks & Recreation Department) Staff Comments Parks Superintendent Diaz was present to address council. He stated that tonight he was presenting the costs and revenues to continue some form of the Wylie Wave per direction from council at the previous work session. Councilwoman Culver asked Mr. Diaz to confirm that this was still not completely a flow through of revenue as there is still no guarantee that$78,000 will be raised through registration fees, and the $67,630 would be appropriated for the costs, correct? Mr. Diaz replied that was correct. Minutes November 13, 2012 Wylie City Council Page 4 Citizen Comments Gilbert Tamez, residing at 3104 Hinnant Court, addressed council and spoke against the expenditure of funds for the Wylie Wave. M. G. Red Byboth, residing at 2722 W. F.M. 544, spoke against the expenditure of funds for the Wylie Wave. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to deny approval of Ordinance No. 2012-44 appropriating funds in the amount of $67,630 from the General Fund for the Wylie Wave Program. A vote was taken and the motion passed with Mayor Hogue, Mayor Pro Tern Spillyards, Councilwoman Culver, Councilman Scott, and Councilman White voting for denial and Councilman Goss and Councilman Jones voting against denial. 2. Consider, and act upon, approval of Resolution 2012-38(R) authorizing the City Manager to execute an interlocal agreement with the North Texas Municipal Water District concerning reimbursement for professional services and improvements for the 20-inch and 60-inch water line relocations along Country Club Road and FM 2514. (C. Hoisted, City Engineer) Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to approve Resolution No. 2012-38(R) authorizing the City Manager to execute an interlocal agreement with the North Texas Municipal Water District concerning reimbursement for professional services and improvements for the 20 inch and 60 inch water line relocations along Country Club Road and FM 2514. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the caption to Ordinance No. 2012-43 into the official records. WORK SESSIONS • Discussion regarding the potential to allow Urban Domestic Fowl within the City of Wylie Residential Districts. Planning Director 011ie addressed council stating that she had been asked to place this item on the agenda for a work session after citizens had contacted the City to request raising chickens in residential zoning for egg consumption. She asked the council for direction regarding the further action on the item. She explained that many cities now allow chickens in residential areas but some limit the amount of chickens that can be raised. Direction from council was to receive further information including noise levels, airborne diseases and other possible code issues and bring back an Ordinance for consideration in January of 2013. Minutes November 13, 2012 Wylie City Council Page 5 • Presentation from Cooksey Communications and discuss entering into an agreement for a Communications Audit and Development of a Strategic Communications Plan. Colby Walton, representing Cooksey Communications, addressed council stating Cooksey Communications was very excited to work with the City. Walton explained that within the proposal Cooksey Communications would work with the City for a period of two to three months to assess the City's existing communications activities and materials, interview council members, key stakeholders and staff members, research and benchmark against the communications practices of similar municipalities, and analyze the results. The company will develop detailed recommendations as part of a comprehensive strategic communications plan. Among the services to be provided by Cooksey the plan will include: conducting a review of existing marketing communications materials and activities; interviews with key internal and external constituents; performing secondary research on three to four similar municipalities' market positioning and key communications strategies; develop a comprehensive strategic communications plan to include key messages and target audiences; media placement, communications with external audiences via broadcast, online and print; education of employees to identify story opportunities; evaluation of current brand perceptions through stakeholder interviews; web site enhancements, and staffing structure and procedures. Councilman Goss asked about the additional out of pocket expenses not included in the $20,000 cost for the plan. Mr. Walton replied that these costs were for printing, travel, and additional travel outside the scope of the plan; and should not exceed $1,000 in additional costs. RECONVENE INTO REGULAR SESSION 3. Consider, and act upon, authorizing the City Manager to enter into an Agreement with Cooksey Communications for a Communications Audit and Development of a Strategic Communications Plan. (M. Manson, City Manager) Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to authorize the City Manager to enter into an Agreement with Cooksey Communications for a Communications Audit and Development of a Strategic Communications Plan not to exceed $21,000 without bringing the item back to council for further consideration. A vote was taken and the motion passed 7-0. Mayor Hogue convened into Executive Session at 7:47 p.m. reading the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.087 (Deliberations Regarding Economic Development Negotiations; Closed Meeting;) CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting:(1)to Minutes November 13, 2012 Wylie City Council Page 6 discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate,stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations;or(2)to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). • Deliberations Regarding Economic Development Negotiations; Closed Meeting: Deliberate the offer of financial incentive to a business prospect relating to Project ATR. (S. Satterwhite, WEDC Executive Director) RECONVENE INTO OPEN SESSION Take any action as a result from Work Session or Executive Session. Mayor Hogue reconvened into Open Session at 7:55 p.m. No action was taken as a result of Executive Session ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Scott to adjourn the meeting at 7:58 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes November 13, 2012 Wylie City Council Page 7 Wylie City Council CITY OF WYLIE AGENDA REPORT ■ Meeting Date: December 11, 2012 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: November 28, 2012 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for October 31, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 11/28/2012 City Manager Page 1 of 1 City Of Wylie 2011-2012 Investment Report October 31, 2012 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 $41,491,959.84 MMA 0.1657% Texpool 12/31/2006 NA 2 $15,027,150.00 MMA 0.1746% TexStar 3/15/2011 NA $56,519,109.84 Total Weighted Average Coupon: 0.17% Money Markets: $56,519,109.84 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $56,519,109.84 iLt/1 Wylie City Council CITY OF WYLIE A G E N D A REPORT q Meeting Date: December 11 2012 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: November 28, 2012 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2012. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2012. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 11/28/2012 City Manager Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,606,880 287,470 287,470 1.63% A FRANCHISE FEES 2,421,700 0 0 0.00% B LICENSES AND PERMITS 442,000 57,143 57,143 12.93% INTERGOVERNMENTAL REV. 650,000 529 529 0.08% SERVICE FEES 2,805,000 27,065 27,065 0.96% C FINES AND FORFEITURES 307,000 21,600 21,600 7.04% INTEREST INCOME 14,000 1,517 1,517 10.84% D MISCELLANEOUS INCOME 281,500 5,075 5,075 1.80% OTHER FINANCING SOURCES 1,772,297 0 0 0.00% REVENUES 26,300,377 400,399 400,399 1.52% USE OF FUND BALANCE 896,040 NA NA NA E USE OF ROLLOVER STREET FUNDS 150,000 NA NA NA TOTAL REVENUES 27,346,417 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 89,411 12,210 12,210 13.66% CITY MANAGER 706,104 36,099 36,099 5.11% CITY SECRETARY 261,684 10,392 10,392 3.97% CITY ATTORNEY 128,000 5,876 5,876 4.59% FINANCE 929,128 45,275 45,275 4.87% FACILITIES 535,153 17,134 17,134 3.20% MUNICIPAL COURT 277,667 12,305 12,305 4.43% HUMAN RESOURCES 209,798 9,893 9,893 4.72% PURCHASING 92,242 4,967 4,967 5.38% INFORMATION TECHNOLOGY 899,050 206,512 206,512 22.97% F POLICE 6,056,532 487,304 487,304 8.05% FIRE 5,897,593 399,738 399,738 6.78% EMERGENCY COMMUNICATIONS 1,102,783 95,124 95,124 8.63% ANIMAL CONTROL 363,640 16,942 16,942 4.66% PLANNING 483,794 21,346 21,346 4.41% BUILDING INSPECTION 566,707 26,836 26,836 4.74% CODE ENFORCEMENT 262,035 13,261 13,261 5.06% STREETS 1,725,017 38,928 38,928 2.26% PARKS 1,631,349 107,050 107,050 6.56% RECREATION 0 0 0 0.00% LIBRARY 1,444,220 98,335 98,335 6.81% COMBINED SERVICES 3,672,499 273,202 273,202 7.44% TOTAL EXPENDITURES 27,334,406 1,938,729 1,938,729 7.09% REVENUES OVER/(UNDER)EXPENDITURES 12,011 -1,538,330 -1,538,330 -5.57% A.Property Tax Collections for FY12-13 as of October 31 are 2.03%,in comparison to FY11-12 for the same time period 1.35%. 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 2011-12 revenue with the remaining fees coming from other seasonal fees. D.Interest Income: In relation to the last 12 months the current interest is in line with projections. E.Use of Fund Balance:For Replacement/New Fleet and Equipment. F.Due to the timing of technology purchases,expenses have increased;however,these will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2012 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,365,000 7,925 7,925 0.06% INTEREST INCOME 10,000 1,237 1,237 12.37% MISCELLANEOUS INCOME 40,000 3,955 3,955 9.89% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 13,415,000 13,117 13,117 0.10% G UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 293,038 14,228 14,228 4.86% UTILITIES-WATER 1,599,399 106,023 106,023 6.63% CITY ENGINEER 444,882 19,572 19,572 4.40% UTILITIES-SEWER 908,049 39,475 39,475 4.35% UTILITY BILLING 356,736 25,432 25,432 7.13% COMBINED SERVICES 9,754,477 745,647 745,647 7.64% TOTAL EXPENDITURES 13,356,581 950,377 950,377 7.12% REVENUES OVER/(UNDER)EXPENDITURES 58,419 -937,260 -937,260 -7.02% G.Most Utility Fund Revenue billed in October are applicable to FY 2011-12. � OF W.ftt, a Wylie City Council AGENDA REPORT • 8•rss7- Meeting Date: December 11, 2012 Item Number: D. Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: November 12, 2012 Budgeted Amount: Exhibits: Treasurer's Report Subject Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2012. Recommendation Motion to approve the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2012. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 16, 2012. Approved By Initial Date SS 11-12-12 Department Director City Manager Page 1 of 1 11-14-2012 11:20 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 31ST, 2012 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT.. TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 823,664.20 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 INWOOD BANK - ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC ( 0.02) 1000-11517 ACCTS REC - SALES TAX 172,141.46 1000-12810 LEASE PAYMENTS RECEIVABLE 6,671,851.20 1000-12996 LOAN RECEIVABLE 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - SAVAGE 240,824.58 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND 6 BUILDINGS 2,824,298.40 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 40,681.80 1000-14410 DEFERRED CHARGES 892,943.40 11,668,405.02 TOTAL ASSETS 11,668,405.02 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 75.16 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 3,299.96 2000-20132 EMP CARE FLITS 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 3,322.76 2000-20210 ACCOUNTS PAYABLE 13,734.83 11-13-2012 10:17 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: OCTOBER 31ST, 2012 111-WYLIE ECONOMIC BEVEL CORP ACCOUNTS TITLE 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 892,943.40 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 141,907.38 2000-22275 DEFERRED REV - LEASE PRINCIPAL 5,798,075.83 2000 22200 DEFERRED REVENUE - LEA3C INT 073,772.17 2000-22915 RENTAL DEPOSITS 1,000.00 TOTAL LIABILITIES 7,728,043.49 EQUITY 3000-34110 FUND BALANCE - RESERVED 488,181.60 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,269,210.27 TOTAL BEGINNING EQUITY 3,757,391.87 TOTAL REVENUE 2,311,432.15 TOTAL EXPENSES 2,528,796.49 REVENUE OVER/(UNDER) EXPENSES ( 217,364.34) TOTAL EQUITY i OVER/(UNDER) 3,540,027.53 TOTAL. LIABILITIES, EQUITY 6 OVER/(UNDER) 11,268,071.02 11-13-2012 10:17 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: OCTOBER 31ST, 2012 922-GEN LONG TERM DEBT (WEDC) ACCOUNTt TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 48,483.61 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS - CURRENT 304,965.81 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28235 ANB LOAN 200,798.23 2000-28236 ANB CONSTRUCTION LOAN 4,422,460.20 2000-28240 HUGHES LOAN 0.00 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 4,976,707.85 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,358,297.32) TOTAL. BEGINNING EQUITY ( 5,358,297.32) TOTAL REVENUE 0.00 TOTAL EXPENSES ( 381,589.47) REVENUE OVER/(UNDER) EXPENSES 381,589.47 TOTAL EQUITY 6 OVER/(UNDER) ( 4,976,707.85) TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER) 0.00 v 11-12-2012 02:55 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2012 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,801,162.00 0.00 0.00 0.00 0.00 1,801,162.00 0.00 INTEREST INCOME 281,260.00 10,340.07 0.00 10,340.07 0.00 270,919.93 3.68 MISCELLANEOUS INCOME 90,882.00 5,547.07 0.00 5,547.07 0.00 85,334.93 6.10 OTHER FINANCING SOURCES 209,930.00 30,515.73 0.00 30,515.73 0.00 179,414.27 14.54 TOTAL REVENUES 2,383,234.00 46,402.87 0.00 46,402.87 0.00 2,336,831.13 1.95 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 2,767,766.00 583,075.68 0.00 583,075.68 49,736.04 2,134,954.28 22.86 TOTAL EXPENDITURES 2,767,766.00 583,075.68 0.00 583,075.68 49,736.04 2,134,954.28 22.86 REVENUE OVER/(UNDER) EXPENDITURES ( 384,532.00) ( 536,672.81) 0.00 ( 536,672.81) ( 49,736.04) 201,876.85 152.50 I 11-12-2012 02:55 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2012 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 155,889.00 0.00 0.00 0.00 0.00 155,009.00 0.00 4000-40210 SALES TAX 1,645,273.00 0.00 0.00 0.00 0.00 1,645,273.00 0.00 TOTAL TAXES 1,801,162.00 0.00 0.00 0.00 0.00 1,801,162.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 173.80 0.00 173.80 0.00 2,826.20 5.79 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 278,260.00 10,166.27 0.00 10,166.27 0.00 268,093.73 3.65 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 281,260.00 10,340.07 0.00 10,340.07 0.00 270,919.93 3.68 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 88,482.00 5,200.00 0.00 5,200.00 0.00 83,282.00 5.88 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 2,400.00 347.07 0.00 347.07 0.00 2,052.93 14.46 4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 90,882.00 5,547.07 0.00 5,547.07 0.00 85,334.93 6.10 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49550 LEASE PRINCIPAL PAYMENTS (0 209,930.00 30,515.73 0.00 30,515.73 0.00 179,414.27 14.54 TOTAL OTHER FINANCING SOURCES 209,930.00 30,515.73 0.00 30,515.73 0.00 179,414.27 14.54 TOTAL REVENUES 2,383,234.00 46,402.87 0.00 46,402.87 0.00 2,336,831.13 1.95 11-12-2012 02:55 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2012 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-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 187,820.00 6,723.43 0.00 6,723.43 0.00 101,096.57 3.50 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,057.00 0.00 0.00 0.00 0.00 1,057.00 0.00 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 435.39 0.00 435.39 0.00 10,884.61 3.85 5611-51220 PHONE ALLOWANCE 3,456.00 1,204.09 0.00 1,284.09 0.00 2,171.91 37.16 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 23,722.00 1,025.64 0.00 1,025.64 0.00 22,696.36 4.32 5611-51410 HOSPITAL & LIFE INSURANCE 27,260.00 1,936.73 0.00 1,936.73 0.00 25,323.27 7.10 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 983.00 38.22 0.00 38.22 0.00 944.78 3.89 5611-51440 FICA 11,645.00 119.89 0.00 119.89 0.00 11,525.11 1.03 5611-51450 MEDICARE 2,724.00 113.61 0.00 113.61 0.00 2,610.39 4.17 5611-51470 WORKERS COMP PREMIUM 656.00 401.84 0.00 401.84 0.00 254.16 61.26 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 271,183.00 12,078.84 0.00 12,076.84 0.00 259,104.16 4.45 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.00 0.00 0.00 0.00 35.85 4,964.15 0.72 5611-52040 POSTAGE & FREIGHT 980.00 0.00 0.00 0.00 43.68 936.32 4.46 5611-52130 TOOLS/ EQUIP - UNDER $1000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 0.00 0.00 0.00 200.23 4,799.77 4.00 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 10,980.00 0.00 0.00 0.00 279.76 10,700.24 2.55 MATERIALS FOR MAINTENANC 5611-54630 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 0.00 0.00 3,000.00 0,00 5611-54990 OTHER 0.00 _ 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,000,378.00 5,000.00 0.00 5,000.00 5,000.00 990,378.00 1.00 5611-56040 SPECIAL SERVICES 154,731.00 1,497.50 0.00 1,497.50 450.00 152,783.50 1.26 5611-56080 ADVERTISING 26,800.00 1,265.00 0.00 1,265.00 1,775.00 23,760.00 11.34 5611-56090 COMMUNITY DEVELOPMENT 40,250.00 1,500.00 0.00 1,500.00 2,900.00 35,850.00 10.93 5611-56110 COMMUNICATIONS 4,480.00 218.48 0.00 218.48 253.85 4,007.67 10.54 5611-56180 RENTAL 22,600.00 1,706.30 0.00 1,706.30 0.00 20,893.70 7.55 5611-56210 TRAVEL & TRAINING 22,787.00 0.00 0.00 0.00 1,959.61 20,827.39 8.60 5611-56250 DUES & SUBSCRIPTIONS 8,803.00 1,780.00 0.00 1,780.00 0.00 7,023.00 20.22 5611-56310 INSURANCE 1,078.00 0.00 0.00 0.00 0.00 1,078.00 0.00 5611-56510 AUDIT & LEGAL SERVICES 82,750.00 0.00 0.00 0.00 0.00 82,750.00 0.00 5611-56570 ENGINEERING/ARCHITECTURAL 37,000.00 0.00 0.00 0.00 0.00 37,000.00 0.00 5611-56610 UTILITIES-ELECTRIC 3,500.00 0.00 0.00 0.00 289.15 3,210.85 8.26 TOTAL CONTRACTUAL SERVICES 1,405,157.00 12,967.26 0.00 12,967.28 12,627.61 1,379,562.11 1.62 11-12-2012 02:55 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2012 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET S OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 635,846.00 162,695.56 0.00 162,695.56 36,828.67 436,321.77 31.38 5611-57710 BAD DEBT EXPENSE 0.00 0.00 _ 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 635,846.00 162,695.56 0.00 162,695.56 36,828.67 436,321.77 31.38 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 150,000.00 395,334.00 0.00 395,334.00 0.00 ( 245,334.00) 263.56 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS 6 ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 5611-58410 SANITARY SEWER 230,000.00 0.00 0.00 0.00 0.00 230,000.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 2,000.00 0.00 0.00 0.00 0.00 2,000.00 0.00 5611-58830 FURNITURE 6 FIXTURES 14,600.00 0.00 0.00 0.00 0.00 14,600.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 436,600.00 395,334.00 0.00 395,334.00 0.00 41,266.00 90.55 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 2,767,766.00 583,075.68 0.00 583,075.68 49,736.04 2,134,954.28 22.86 TOTAL EXPENDITURES 2,767,766.00 583,075.68 0.00 583,075.68 49,736.04 2,134,954.28 22.86 REVENUE OVER (UNDER) EXPENDITURES ( 384,532.00) ( 536,672.81) 0.00 ( 536,672.81) ( 49,736.04) 201,876.85 152.50 ",* END OF REPORT *", Wylie Economic Development Corporation Balance Sheet Sub ledger October 31,2012 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance October 1, 2012 $5,089,361.57 Hughes(Final Payment) 7/25/06 3,676.29 153,600.74 153,600.74 640.00 5.00 0.00 ANBTX(#24 of so) 10/28/10 8,454.82 289,693.86 7,264.78 1,258.60 4.95 282,429.08 ANBTX-ACE(#14 of 180) 8/1/11 40,681.80 4,646,066.98 18,441.89 22,239.91 5.75 4,627,625.09 October 31, 2012 179,307.41 $24,138.51 $4,910,054.17 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Inventory Subledger October 31, 2012 Inventory- Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr. 1.089 400,000 8,880 400,334.00 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 ACE Martinez Lane 22.44 96,000 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 55.47 976,808 131,705 2,824,298.40 *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 therefore not part of the 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. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). Wylie Economic Development Corporation AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion October 31, 2012 2011 Amt. Received COW Tax WISD Tax 1/5 of July COW 1/5 of July WISD Total Payment Pmt. Date Ck.# August 4,257.03 7,766.75 851.41 1,553.35 14,428.54 September 4,257.03 7,766.75 851.41 1,553.35 14,428.54 October 4,257.03 7,766.75 851.41 1,553.35 14,428.54 November 4,257.03 7,766.75 851.41 1,553.35 14,428.54 December 4,257.03 7,766.75 851.41 1,553.35 14,428.54 1/4/2012 WISD-52923 Total 21,285.15 38,833.75 4,257.05 7,766.75 72,142.70 COW-52915 2012 Amt. Received COW Tax WISD Tax Total Payment January 4,257.03 7,766.75 12,023.78 February 4,257.03 7,766.75 12,023.78 March 4,257.03 7,766.75 12,023.78 April 4,257.03 7,766.75 12,023.78 May 4,257.03 7,766.75 12,023.78 June 4,257.03 7,766.75 12,023.78 July 4,257.03 7,766.75 12,023.78 August 4,257.03 7,766.75 12,023.78 September 4,257.03 7,766.75 12,023.78 9/21/2012 WISD-57472 Total 38,313.27 69,900.75 108,214.02 COW-57459 2012-2013 October 4,257.03 7,766.75 12,023.78 November December January February March WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2012 MONTH WEDC WEDC WEDC DIFF % DIFF 2010 2011 2012 11 VS 12 11 VS 12 DECEMBER $81,014 $103,687 $112,676 $8,989 11.10% JANUARY 91,593 100,999 118,175 17,176 17.01% FEBRUARY 153,281 158,204 171,759 13,555 8.57% MARCH 89,717 104,670 113,571 8,900 8.50% APRIL 89,119 98,463 115,114 16,650 16.91% MAY 144,953 158,379 154,424 -3,955 -2.50% JUNE 111,174 116,832 119,326 2,494 2.13% JULY 99,065 119,527 125,555 6,028 5.04% AUGUST 144,373 157,310 155,875 -1,436 -0.91% SEPTEMBER 98,102 123,153 123,863 710 0.58% OCTOBER 96,010 118,827 122,650 3,824 3.22% NOVEMBER 145,337 163,346 172,141 8,795 5.38% Sub-Total $1,343,739 $1,523,400 $1,605,130 $81,730 5.36% AUDIT ADJ TOTAL $1,343,739 $1,523,400 $1,605,130 $81,730 5.36% WEDC SALES TAX ANALYSIS $200,000 $180,000 - - $160,000 - -- $140,000 - - - - $120,000 -- --11111' - $100,000 - '[[[I I $20,000 - - $0 { I F i I a� Z Z s = a 2 w m` ill a� U a) Q 0 LL a) 0 Z � . OF tyipt 4 Wylie City Council `'` '. . AGENDA REPORT 8•rss7.. Meeting Date: December 11, 2012 Item Number: E. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: November 12, 2012 Budgeted Amount: Resolution Exhibits: Interlocal Agreement Subject Consider, and act upon, approval of Resolution 2012-39(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Municipal Complex Trails project. Recommendation Motion to approve Resolution 2012-39(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Municipal Complex Trails project. Discussion In November 2007, the citizens of Collin County approved a $17 million bond proposition for Parks and Open Space. This year, the County is providing funding assistance in the amount of$2,377,575 to 15 applicants. The Collin County Parks Foundation Advisory Board administers the Project Funding Assistance Program which is a reimbursement program. Applicants must have at minimum dollar for dollar in matching funds, comprised of direct cash or in-kind services, for the project being proposed. On June 26, 2012, the City Council approved Resolution 2012-23(R) authorizing the submittal of a grant application to the Collin County Parks and Open Space Project Funding Assistance Program for the Municipal Complex Trails project. The grant application was submitted to the County in July 2012, and in October 2012, Collin County Commissioners Court approved an award of$215,000 to the City of Wylie for the project. The application explained that the City's 4B fund would be the source of funds for professional services needed to design the trail system and pedestrian bridge abutments, soil borings, surveys, etc. The bridge itself will be pre-fabricated and delivered to the site. The application also explained that the City's Park Acquisition and Improvement Fund would be used for the actual construction costs. Sufficient funding is available in the above funds for the identified purposes and to meet the match amount. As per the application, the City intends to use the grant funds for the following purposes: • Construction of a portion of new, 12-foot wide, concrete hike and bike trail, and • Purchase and installation of one prefabricated-pedestrian bridge assembly. Page 1 of 2 Page 2 of 2 The application requested funding for the bridge and a portion of the trail. As its match, the City proposed to pay for the engineering costs, a portion of the trail, four recycled plastic benches along the trail, and installation of trail signs and markings. Total project cost (City match plus County grant)will be approximately $435,000. The City will complete $215,000 worth of trail and bridge work, and upon completion of this work, staff will submit reimbursement requests to the County in that same amount. Companion agenda items regarding budget amendments to account for the grant-related revenues and expenditures are part of tonight's agenda. The Interlocal Cooperation Act (Texas Government Code, Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act. The attached Interlocal Agreement outlines the responsibilities of the City and the process for reimbursement. Approved By Initial Date Department Director MS 11-12-12 City Manager RESOLUTION NO. 2012-39(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE MUNICIPAL COMPLEX TRAILS PROJECT; AND PROVDING FOR AN EFFECTIVE DATE. WHEREAS, Collin County, Texas, ("County") is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the 2007 Collin County Bond Election established a pool of funding for park and open space development in the County; and WHEREAS, the County, and the City of Wylie, Texas ("Wylie") desire to enter into an interlocal agreement concerning development of the Municipal Complex Trails in Wylie ("Agreement"); and WHEREAS, Wylie and the County have determined that the development of park land may be performed most economically by implementing this Agreement; and WHEREAS, this Agreement will benefit the residents of Wylie and provide additional park and recreational facilities and open space for Wylie residents; and WHEREAS, the Wylie City Council has investigated and determined that this Agreement will be advantageous and beneficial to the citizens of Wylie by aiding the development of the Municipal Complex Trails Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2. The County agrees to fund a portion of the total cost of the project, in an amount not to exceed Two Hundred Fifteen Thousand Dollars and No/100 ($215,000.00), for the development of the Municipal Complex Trails Project. Resolution No.2012-39(R)Interlocal Agreement with Page 1 Collin County for Municipal Complex Trails Project 618637.1 SECTION 3. An official copy of this Resolution shall be forwarded to the Collin County Commissioners' Court for their consideration. SECTION 4. The City Manager of the City of Wylie is hereby authorized to execute an Interlocal Agreement with Collin County for the Municipal Complex Trails Project. SECTION 5. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 11th day of December, 2012. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2012-39(R)Interlocal Agreement with Page 2 Collin County for Municipal Complex Trails Project 618637.1 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City") desire to enter into an Agreement concerning the construction of the Municipal Complex Hike and Bike Trail in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the trail construction may be accomplished most economically by implementing this Agreement; and WHEREAS, the City and the County find that this Agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this Agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan and the Collin County Regional Trails Master Plan; NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange for construction of the Municipal Complex Hike and Bike Trail hereinafter called the "Project". The Project shall consist of the items described in Exhibit"A". ARTICLE II. The City shall develop plans in accordance with all state statutory requirements. The City shall provide the County with a copy of executed contract(s) for the Project. Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by the Parks Foundation Advisory Board and approved by Commissioners Court. 1 ARTICLE III. The City will not expend assistance funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the project to be $435,100.00. The County agrees to fund a portion of the total cost for items described in Exhibit "A" in an amount not to exceed $215,000.00. The County shall reimburse the City for invoices paid by the City for cost related to the Project on a dollar for dollar matching basis. Alternative payment schedules would require Commissioners Court approval. ARTICLE V. Collin County's participation in this project shall not exceed $215,000.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2007 Parks and Open Space Bond Program. The City shall also provide quarterly progress reports in electronic format or via US mail to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including in-kind services or donations for the project. All projects for which the County has provided funds through its 2007 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this Agreement. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. 3 APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Keith Self Title: Title: County Judge Date: Date: Executed on this day of , 20_, by the County of Collin, pursuant to Commissioners' Court Order No. . ATTEST: CITY OF WYLIE By: By: Name: Name: Title: Title: Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: 4 EXHIBIT "A" The County will provide funding assistance for the following: • Bridge construction • Concrete trail construction(12' width) Total funding $215,000.00 Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of quarterly reports: Teresa Nelson tnelson(c�collincountytexas.gov Project Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: 5 Wylie City Council `'`(.A.,,,,„,tr.,'.',, AGENDA REPORT 8•rss7� Meeting Date: December 11, 2012 Item Number: F. Department: Public Services (City Secretary's Use Only) $215,000,Revenue 121-4000-43514 Prepared By: Mike Sferra Account Code: $435,000,Expense 121-5621-58150 Date Prepared: November 16, 2012 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2012-45 of the City of Wylie, amending Ordinance No. 2012-27 (2012- 2013 Budget) and approving an appropriation of funds in the amount of$435,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Municipal Complex Trails Project and deposit of $215,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Recommendation Motion to approve Ordinance No. 2012-45 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$435,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Municipal Complex Trails Project and deposit of $215,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Discussion In previous Council action occurring on June 26, 2012, Council approved Resolution 2012-23(R) authorizing the submittal of a grant application to the Collin County Parks and Open Space Project Funding Assistance Program for the Municipal Complex Trails project. In October 2012, the City was awarded $215,000 in matching funds from the County, and on December 11, 2012, the Council passed Resolution 2012-39(R) approving an Interlocal Agreement with Collin County in order to proceed with the project pending execution of the Agreement by the Collin County Commissioners' Court. Because of the uncertainty of the potential amount of the grant award, associated expenditures and revenues were not included as part of the 2012-2013 budget. As expenditures are made throughout the course of this project, staff will submit reimbursement requests to the County totaling $215,000. The grant application specifies that the award would be used for construction of a portion of new, 12-foot wide, concrete hike and bike trail, and the purchase and installation of one prefabricated-pedestrian bridge assembly. Staff has previously informed the Park Board of the grant award. Page 1 of 2 Page 2 of 2 Approved By Initial Date Department Director MS November 16, 2012 City Manager ORDINANCE NO. 2012-45 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2012-27 (2012-2013 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $435,000.00 FROM THE PARK ACQUISITION AND IMPROVEMENT FUND FOR THE COLLIN COUNTY PROJECT FUNDING ASSISTANCE PROGRAM FOR THE MUNICIPAL COMPLEX TRAILS PROJECT AND A DEPOSIT OF $215,000.00 OF REVENUES INTO THE PARK ACQUISITION AND IMPROVEMENT FUND TO REFLECT REIMBURSEMENTS FROM COLLIN COUNTY; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2012-27 (2012-2013 Budget) for the purpose of installing a trail system and pedestrian bridge at the Municipal Complex ("Improvements"); and WHEREAS, the City Council entered into a cost sharing Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for the Municipal Complex Trails Project (Resolution#2012-39(R)) ("Interlocal Agreement"); and WHEREAS, the estimated cost of the Improvements is Four Hundred Thirty-Five Thousand Dollars and No/100 ($435,000.00); and WHEREAS, the Interlocal Agreement provides that Collin County shall reimburse the City for the costs of the Improvements, with a total investment made by Collin County not to exceed Two Hundred Fifteen Thousand Dollars and No/100 ($215,000.00); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to appropriate funds from the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for the Municipal Complex Trails Project for the Improvements. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2012-27 (2012-2013 Budget). Ordinance No. 2012-27 (2012-2013 Budget) is hereby amended to allow for the following appropriation: Ordinance No.2012-45 Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—Municipal Complex Trails Page 1 618635.1 "Two Hundred Fifteen Thousand Dollars and No/100 ($215,000.00) paid by Collin County as a reimbursement shall be deposited into Revenue Account 121-4000-43514 (Park Acquisition and Improvement Fund); and Four Hundred Thirty-Five Thousand Five Hundred Dollars and No/100 ($435,000.00) shall be appropriated from Expense Account 121-5621-58150 of the Park Acquisition and Improvement Fund." SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this l lth day of December, 2012. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2012-45 Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—Municipal Complex Trails Page 2 618635.1 Wylie City Council `'` '. . AGENDA REPORT 8•rss7.. Meeting Date: December 11, 2012 Item Number: G. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: November 12, 2012 Budgeted Amount: 1. Resolution Exhibits: 2. Interlocal Agreement Subject Consider, and act upon, approval of Resolution 2012-40(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Pheasant Creek Park Improvements project. Recommendation Motion to approve Resolution 2012-40(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Pheasant Creek Park Improvements project. Discussion In November 2007, the citizens of Collin County approved a $17 million bond proposition for Parks and Open Space. This year, the County is providing funding assistance in the amount of$2,377,575 to 15 applicants. The Collin County Parks Foundation Advisory Board administers the Project Funding Assistance Program which is a reimbursement program. Applicants must have at minimum dollar for dollar in matching funds, comprised of direct cash or in-kind services, for the project being proposed. On June 26, 2012, the City Council approved Resolution 2012-22(R) authorizing the submittal of a grant application to the Collin County Parks and Open Space Project Funding Assistance Program for the Pheasant Creek Park Improvements project. The grant application was submitted to the County in July 2012, and in October 2012, Collin County Commissioners Court approved an award of$47,000 to the City of Wylie for the project. The application explained that the City's Park Acquisition and Improvement (Park A&I) Fund would be used for construction costs. Sufficient funding is available in this fund for these purposes. The City's match is comprised of the value of the parkland and in-kind services. As per the application and Interlocal Agreement, the City intends to use the grant funds for the following purposes: • Pavilion construction($13,000) • Eight-foot wide concrete trail construction ($24,000), and • Solar trail lighting ($10,000). Page 1 of 2 Page 2 of 2 Although not part of the grant award, the application also requested funding for an irrigation system, benches, tables, playground, playground surfacing, a concrete pad and landscaping. There are sufficient funds in the A&I fund to pay for these items as well, bringing the total project cost to approximately $96,700. The City will complete $47,000 worth of trail, trail lighting and pavilion work, and upon completion of this work, staff will submit reimbursement requests to the County in that same amount. A companion agenda item regarding budget amendments to account for the grant-related revenues and expenditures is part of tonight's agenda. The Interlocal Cooperation Act (Texas Government Code, Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act. The attached Interlocal Agreement outlines the responsibilities of the City and the process for reimbursement. Approved By Initial Date Department Director MS 11-12-12 City Manager RESOLUTION NO. 2012-40(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE PHEASANT CREEK PARK IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collin County, Texas, ("County") is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the 2007 Collin County Bond Election established a pool of funding for park and open space development in the County; and WHEREAS, the County, and the City of Wylie, Texas ("Wylie") desire to enter into an interlocal agreement concerning development of Pheasant Creek Park in Wylie ("Agreement"); and WHEREAS, Wylie and the County have determined that the development of park land may be performed most economically by implementing this Agreement; and WHEREAS, this Agreement will benefit the residents of Wylie and provide additional park and recreational facilities and open space for Wylie residents; and WHEREAS, the Wylie City Council has investigated and determined that this Agreement will be advantageous and beneficial to the citizens of Wylie by aiding the development of the Pheasant Creek Park Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. The County agrees to fund a portion of the total cost of the project, in an amount not to exceed Forty-Seven Thousand Dollars and No/100 ($47,000.00), for the development of the Pheasant Creek Park Improvements Project. SECTION 3. An official copy of this resolution shall be forwarded to the Collin County Commissioners' Court for their consideration. Resolution No.2012-40(R)Interlocal Agreement with Collin Page 1 County for Pheasant Creek Park Improvements Project 618638.1 SECTION 4. The City Manager of the City of Wylie is hereby authorized to execute an Interlocal Agreement with Collin County for the Pheasant Creek Park Improvements Project. SECTION 5. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 11th day of December, 2012. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2012-40(R)Interlocal Agreement with Collin Page 2 County for Pheasant Creek Park Improvements Project 618638.1 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City") desire to enter into an Agreement concerning improvements for Pheasant Creek Park in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the park improvements may be accomplished most economically by implementing this Agreement; and WHEREAS, the City and the County find that this Agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this Agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan and the Collin County Regional Trails Master Plan; NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange for construction of improvements at Pheasant Creek Park hereinafter called the "Project". The Project shall consist of the items described in Exhibit"A". ARTICLE II. The City shall develop plans in accordance with all state statutory requirements. The City shall provide the County with a copy of executed contract(s) for the Project. Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by the Parks Foundation Advisory Board and approved by Commissioners Court. 1 ARTICLE III. The City will not expend assistance funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the project to be $197,593.00. The County agrees to fund a portion of the total cost for items described in Exhibit "A" in an amount not to exceed $47,000.00. The County shall reimburse the City for invoices paid by the City for cost related to the Project on a dollar for dollar matching basis. Alternative payment schedules would require Commissioners Court approval. ARTICLE V. Collin County's participation in this project shall not exceed $47,000.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2007 Parks and Open Space Bond Program. The City shall also provide quarterly progress reports in electronic format or via US mail to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including in-kind services or donations for the project. All projects for which the County has provided funds through its 2007 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this Agreement. 2 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. 3 APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Keith Self Title: Title: County Judge Date: Date: Executed on this day of 20_,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE By: By: Name: Name: Title: Title: Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: 4 EXHIBIT "A" The County will provide funding assistance for the following: • Pavilion construction • Concrete trail construction(8' width) • Solar trail lighting Total funding $47,000.00 Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of quarterly reports: Teresa Nelson tnelson@collincountytexas.gov Proiect Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: 5 ,. It rip., tipt 4 (,A,,,,,,t tr.4,'.',y T E OP 10'-1 Wylie City Council `'` AGENDA REPORT 8.1887=s Meeting Date: December 11, 2012 Item Number: H. Department: Public Services (City Secretary's Use Only) $47,000,Revenue 121-4000-43514 Prepared By: Mike Sferra Account Code: $97,000,Expense 121-5623-58150 Date Prepared: November 16, 2012 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2012-46 of the City of Wylie, amending Ordinance No. 2012-27 (2012- 2013 Budget) and approving an appropriation of funds in the amount of$97,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Pheasant Creek Park Improvements Project and deposit of$47,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Recommendation Motion to approve Ordinance No. 2012-46 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$97,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Pheasant Creek Park Improvements Project and deposit of$47,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Discussion In previous Council action occurring on June 26, 2012, Council approved Resolution 2012-22(R) authorizing the submittal of a grant application to the Collin County Parks and Open Space Project Funding Assistance Program for the Pheasant Creek Park Improvements project. In October 2012, the City was awarded $47,000 in matching funds from the County, and on December 11, 2012, the Council passed Resolution 2012-40(R) approving an Interlocal Agreement with Collin County in order to proceed with the project pending execution of the Agreement by the Collin County Commissioners' Court. Because of the uncertainty of the potential amount of the grant award, associated expenditures and revenues were not included as part of the 2012-2013 budget. As expenditures are made throughout the course of this project, staff will submit reimbursement requests to the County totaling $47,000. The grant application specifies that the award would be used for construction of a new, eight-foot wide, concrete trail, solar trail lighting, and the purchase and installation of a pavilion. Staff has previously informed the Park Board of the grant award. Page 1 of 2 Page 2 of 2 Approved By Initial Date Department Director MS November 16, 2012 City Manager ORDINANCE NO. 2012-46 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2012-27 (2012-2013 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $97,000.00 FROM THE PARK ACQUISITION AND IMPROVEMENT FUND FOR THE COLLIN COUNTY PROJECT FUNDING ASSISTANCE PROGRAM FOR THE PHEASANT CREEK PARK IMPROVEMENTS PROJECT AND A DEPOSIT OF $47,000.00 OF REVENUES INTO THE PARK ACQUISITION AND IMPROVEMENT FUND TO REFLECT REIMBURSEMENTS FROM COLLIN COUNTY; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2012-27 (2012-2013 Budget) for the purpose of installing park amenities at Pheasant Creek Park("Improvements"); and WHEREAS, the City Council entered into a cost sharing Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for the Pheasant Creek Park Improvements Project (Resolution#2012-40(R) ("Interlocal Agreement"); and WHEREAS, the estimated cost of the Improvements is Ninety-Seven Thousand Dollars and No/100 ($97,000.00); and WHEREAS, the Interlocal Agreement provides that Collin County shall reimburse the City for the costs of the Improvements, with a total investment made by Collin County not to exceed Forty-Seven Thousand Dollars and No/100 ($47,000.00); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to appropriate funds from the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for the Pheasant Creek Park Improvements Project and deposit of$47,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County for the purpose of the installation of the Improvements. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2012-27 (2012-2013 Budget). Ordinance No. 2012-27 (2012-2013 Budget) is hereby amended to allow for the following appropriation: Ordinance No.2012-46 Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—Pheasant Creek Park Page 1 618636.1 "Forty-Seven Thousand Dollars and No/100 ($47,000.00)paid by Collin County as a reimbursement shall be deposited into Revenue Account 121-4000-43514 (Park Acquisition and Improvement Fund); and Ninety-Seven Thousand Dollars and No/100 ($97,000.00) shall be appropriated from Expense Account 121-5623-58150 of the Park Acquisition and Improvement Fund." SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11th day of December, 2012. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2012-46 Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—Pheasant Creek Park Page 2 618636.1 r .,,1 Wylie City Council - AGENDA REPORT 8•rasp Meeting Date: December 11, 2012 Item Number: I. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: $48,000,Expense 112-5614-56040 Date Prepared: November 16, 2012 Budgeted Amount: Exhibits: Ordinance 1 Subject Consider, and act upon, Ordinance No. 2012-47 of the City of Wylie, amending Ordinance No. 2012-27 (2012- 2013 Budget) and approving an appropriation of funds in the amount of$48,000 from the Parks 4B Fund for special services related to the Municipal Complex Trails Project; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Recommendation Motion to approve Ordinance No. 2012-47 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$48,000 from the Parks 4B Fund for special services related to the Municipal Complex Trails Project; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. Discussion In previous Council action occurring on June 26, 2012, Council approved Resolution 2012-23(R) authorizing the submittal of a grant application to the Collin County Parks and Open Space Project Funding Assistance Program for the Municipal Complex Trails project. In October 2012, the City was awarded $215,000 in matching funds from the County. December 11, 2012, the Council approved Resolution 2012-39(R) approving an Interlocal Agreement with Collin County in order to proceed with the project pending execution of the Agreement by the Collin County Commissioners' Court, and Council approved Ordinance No. 2012-45 authorizing a budget amendment in the Park Acquisition and Improvement Fund for revenues and expenditures associated with the project. The grant application explained that the City's Park 4B Fund would be the source of funds for special services needed to design the trail system as well as pedestrian bridge abutments, soil borings, surveys, etc. An evaluation of the flood plain will also be conducted to assure that the pedestrian bridge crossing complies with the City's zero-rise requirement for structures installed in a flood plain. As the trail system will need to be compliant with accessibility standards adopted by the Texas Department of Licensing and Regulation (Texas Government Code, Chapter 469), professional drawings will be submitted for review and approval by this state regulatory agency prior to construction. Sufficient funding is available in the 4B Fund for these services. Because of the uncertainty of the potential amount of the grant award, these expenditures were not included as part of the 2012-2013 budget. Page 1 of 2 Expenditures for design and engineering (special services) are not reimbursable from the Collin County Parks and Open Space Project Funding Assistance Program. Approved By Initial Date Department Director MS November 16, 2012 City Manager Page 2 of 2 ORDINANCE NO. 2012-47 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2012-27 (2012-2013 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $48,000.00 FROM THE PARK 4B FUND FOR SPECIAL SERVICES RELATED TO THE MUNICIPAL COMPLEX TRAILS PROJECT; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2012-27 (2012-2013 Budget) for the purpose of design and engineering services for a trail system and pedestrian bridge at the Municipal Complex ("Services"); and WHEREAS, the trail system and trail system components need to be designed for structural integrity and be compliant with accessibility standards; and WHEREAS, the estimated cost of the Services is forty-eight thousand dollars ($48,000.00); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to appropriate funds from the Park 4B Fund to the Municipal Complex Trails Project for the Improvements. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2012-27 (2012-2013 Budget). Ordinance No. 2012-27 (2012-2013 Budget) is hereby amended to allow for the following appropriation: "Forty-eight thousand dollars ($48,000.00) shall be appropriated from Expense Account 112-5614-56040 of the Park 4B Fund." SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full Ordinance No.2012-47 4B Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—Municipal Complex Trails Services Page 1 618634.1 force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11th day of December, 2012. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2012-47 4B Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—Municipal Complex Trails Services Page 2 618634.1 �A. OF tyJF,tftt' Via r , ,$ Wylie City Council - . AGENDA REPORT 8•rasp Meeting Date: December 11, 2012 Item Number: J. Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: November 27, 2012 Budgeted Amount: Resolution Exhibits: Interlocal Agreement Subject Consider, and act upon, Resolution No. 2012-41(R) authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for administration of a Solid Waste Implementation grant project. Recommendation Motion to approve Resolution No. 2012-41(R) authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for administration of a Solid Waste Implementation grant project. Discussion On June 12, 2012, the City Council approved Resolution 2012-21(R) authorizing staff to submit a grant application requesting project funding under the North Central Texas Council of Governments (NCTCOG) Request for Project Applications supporting the goals of the Regional Solid Waste Management Plan. In November 2012, the NCTCOG notified the City of Wylie that the application received funding provided by the Texas Commission on Environmental Quality. In order to proceed with project, an Interlocal Agreement between the City of Wylie and the NCTCOG must be executed. The term of this funding cycle began on November 5, 2012, and all projects must be completed prior to June 28, 2013. The project application received $45,800.00 in funding to purchase 10 solar compacting containers to place in Founders, Community, and Olde City Parks. One of the Regional Solid Waste Management Plan's goals is recycling. The Wylie Recycles! Program will feature the high-tech solar compacting containers that will promote the Time to Recycle efforts of the NCTCOG. This grant award will reimburse the City for costs associated with the purchase of the 10 solar compacting cans and funds for marketing the Wylie Recycles! Program. Community Waste Disposal (CWD) will offer in-kind services for the placing a decorative wrap on each of the cans. A companion agenda item regarding budget amendments to account for the grant-related revenues and expenditures is part of tonight's agenda. Page 1 of 1 Page 2 of 2 The Interlocal Cooperation Act (Texas Government Code, Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act. The attached Interlocal Agreement outlines the responsibilities of the City and the process for reimbursement. The NCTCOG will reimburse the City up to $45,800.00 after the City purchases the equipment, installs the equipment, and does the required marketing. The amount of funding received in the grants covers the cost of all contractual expenses, purchases, publications, printing, advertising, rentals, etc. for the Wylie Recycles! Program. Approved By Initial Date Department Director MS November 27, 2012 City Manager RESOLUTION NO. 2012-41(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR ADMINISTRATION OF THE SOLID WASTE IMPLEMENTATION GRANT PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments ("NCTCOG") is directed by the Texas Commission on Environmental Quality ("TCEQ") to administer solid waste project funds for the implementation of NCTCOG's adopted Time to Recycle Trash Regional Solid Waste Management Plan; and WHEREAS, the City of Wylie, Texas ("City") submitted a grant application requesting project funding supporting the goals of the Regional Solid Waste Management Plan; and WHEREAS, the City was awarded project funding from the TCEQ; and WHEREAS, such funding is in support of the expansion of the recycling efforts in governments across the region and will reduce the number of recyclable items sent to local landfills; and WHEREAS, such funding will allow the purchase of ten (10) compacting recycle containers and a program to further educate the public regarding recycling, while encouraging public participation in making more efforts to recycle in the community; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interests of the citizens of Wylie to approve the Interlocal Agreement with NCTCOG in order to administer the Solid Waste Implementation Grant Project ("Interlocal Agreement") and authorize the City Manager to execute the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council hereby approves the Interlocal Agreement with the NCTCOG and hereby authorizes and directs its City Manager to execute the same, which is attached hereto as Exhibit"A", and incorporated herein for all purposes. SECTION 2: The Interlocal Agreement will provide grant support for the Wylie Recycles! Program, in the amount of Forty-Five Thousand Eight Hundred dollars and 00/100 ($45,800.00 ), which will reimburse the City for costs associated for ten (10) compacting recycle containers scheduled to be installed in the spring of 2013, and include the marketing of the Wylie Resolution No.2012-41(R) Interlocal Agreements with NCTCOG Solid Waste Local Implementation Funding Project 618468.1 Recyles! Program to the public by utilizing ads in local magazines and signage in the parks to promote use of the new recycle containers. SECTION 3: This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 11th day of December, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2012-41(R) Interlocal Agreements with NCTCOG Solid Waste Local Implementation Funding Project 618468.1 Exhibit"A" Interlocal Agreement Resolution No.2012-41(R) Interlocal Agreements with NCTCOG Solid Waste Local Implementation Funding Project 618468.1 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS INTERLOCAL AGREEMENT FOR SOLID WASTE IMPLEMENTATION GRANT PROJECT This Interlocal Agreement is entered into by and between the parties named below. Neither the Texas Commission on Environmental Quality (TCEQ) nor the State of Texas is a party to this Agreement. I. CONTRACTING PARTIES: The Funding Agency: North Central Texas Council of Governments Herein referred to as "NCTCOG" Funds Recipient: City of Wylie, Texas Herein referred to as: "FUNDS RECIPIENT" II. SERVICES TO BE PERFORMED For the Park/Big Bellies, the FUNDS RECIPIENT shall complete all work as specified or indicated in "Attachment A- Work Program and Schedule of Deliverables" of FUNDS RECIPIENT. III. FUNDING AMOUNT The funding amount under this Interlocal Agreement is a minimum of: $45,800 (Forty-five Thousand Eight Hundred Dollars). The budget details are in Attachment C. IV. TERM OF CONTRACT This Interlocal Agreement is effective November 5, 2012 and shall terminate June 28, 2013. This Interlocal Agreement shall immediately terminate at the end of any state fiscal year for which the Texas Legislature fails to appropriate funds necessary to perform this agreement. This Interlocal Agreement must be signed and executed forty-five (45) days from the effective date stated above. In the event funding is not available, the parties further agree that NCTCOG has no further obligation to pay and FUNDS RECIPIENT has no further duty to perform under terms of this Agreement. V. ADDITIONAL CONTRACT PROVISIONS See Attachment B - Schedule for Reimbursement and Reporting, Attachment D - Special Provisions, and Attachment E - General Provisions. VI. ENTIRE CONTRACT: This Interlocal Agreement, including all Attachments, represents the entire contract between the contracting parties. Any changes or modifications to this Interlocal Agreement must be in writing. Funds for this subcontract are currently available from the Texas Solid Waste Disposal and Transportation Revenue Fee, as proscribed in Texas Health and Safety Code Chapter 361.014. Due to demands upon the source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the Municipal Solid Waste Disposal Account, as proscribed in Texas Health and Safety Code Chapter 361.014(d), will be depleted or reduced prior to completion of this Interlocal Agreement. The parties agree that all funding arranged under this Interlocal Agreement is subject to sufficient funds in the Municipal Solid Waste Disposal Account. NCTCOG has certified, and the FUNDS RECIPIENT certifies that each has the authority to perform the services contracted for by authority granted in the "Regional Planning Act of 1965," Texas Local Government Code, Chapter 391 and "The Interlocal Cooperation Act," Texas Government Code, Chapter 791. Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies COUNCIL OF GOVERNMENTS PROJECT FUNDS RECIPIENT North Central Texas Council of Governments Funding Agency Local Government Signature Signature Mike Eastland Name Name Executive Director Title Title Date Date ii Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies LIST OF ATTACHMENTS ATTACHMENT A. WORK PROGRAM AND SCHEDULE OF DELIVERABLES 1 ATTACHMENT B. SCHEDULE FOR REIMBURSEMENT AND REPORTING 2 ATTACHMENT C. BUDGET & DETAILED COST SHEETS 3 ATTACHMENT D. SPECIAL PROVISIONS 11 Article 01. PURPOSE OF AGREEMENT 11 Article 02. LIMITATIONS AND REPORTING REQUIREMENTS 11 Article 03. FINANCIAL OBLIGATION 11 Article 04. REIMBURSEMENT PROCEDURES 12 Article 05. BUDGET CATEGORY ADJUSTMENTS 13 Article 06. PROJECT REPORTING REQUIREMENTS 13 Article 07. PERFORMANCE MEASURES 14 Article 08. IDENTIFICATION OF THE FUNDING SOURCE 14 Article 09. PERSONNEL 14 Article 10. TRAVEL 15 Article 11. CONSUMABLE SUPPLIES 15 Article 12. EQUIPMENT 16 Article 13. CONTRACTUAL EXPENSES 18 Article 14. CONSTRUCTION 19 Article 15. OTHER EXPENSES 19 Article 16. INDIRECT EXPENSES 20 Article 17. MATCHING SERVICES/CASH CONTRIBUTIONS 20 Article 18. PROJECT CONTACTS 20 ATTACHMENT E. GENERAL PROVISIONS 22 Article 01. ELIGIBLE PROJECT FUNDING RECIPIENTS 22 Article 02. RESPONSIBILITIES OF THE FUNDS RECIPIENT 22 Article 03. OVERSIGHT OF SOLID WASTE IMPLEMENTATION PROGRAM 23 Article 04. STANDARDS FOR IMPLEMENTATION PROJECTS 23 Article 05. MONITORING REQUIREMENTS 27 Article 06. COMPLIANCE WITH APPLICABLE LAWS 28 Article 07. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT 28 Article 08. ACCOUNTING SYSTEM 28 Article 09. RELEASE OF CLAIMS 28 Article 10. ACCESS/EXAMINATION OF RECORDS 28 Article 11. AUDITS 29 Article 12. INSURANCE AND LIABILITY 29 Article 13. HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS . 30 Article 14. CONFLICTS OF INTEREST 30 Article 15. SURVIVAL OF OBLIGATIONS .. 30 Article 16. CONTRACTUAL COSTS 30 Article 17. CHANGES TO INTERLOCAL AGREEMENT 31 Article 18. SEVERABILITY 31 Article 19. INTELLECTUAL PROPERTY 31 Article 20. CORRESPONDENCE 32 Article 21. DATA AND PUBLICITY 32 Article 22. ASSIGNABILITY 32 Article 23. SUBAGREEMENTS AND SUBCONTRACTS 33 iii Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Article 24. SUPPLEMENTAL FUNDING STANDARDS 33 Article 25. AMERICANS WITH DISABILITIES ACT REQUIREMENTS 35 Article 26. EMPLOYMENT PRACTICES 35 Article 27. STATUTES RELATING TO NONDISCRIMINATION 35 Article 28. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES 35 Article 29. SAFETY AND PROTECTION 35 Article 30. ENERGY EFFICIENCY STANDARDS 35 Article 31. FORCE MAJEURE 35 Article 32. TERMINATION OF INTERLOCAL AGREEMENT 36 DEFINITIONS 38 APPENDICES: • SUMMARY/RESULTS REPORT OF GRANT-FUNDED PROJECT • STATUS OF COMPLETION OF WORK TASKS FORM • RESULTS REPORT FORMS • REIMBURSEMENT REQUEST FORM plus SUPPLEMENTAL FORM(s) • REQUEST FOR BUDGET REVISION FORM • RELEASE OF CLAIMS —111 All forms listed are located at the following website: http://www.nctcog.org/envir/SEELT/funding/report forms.asp iv Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Attachment A. Work Program and Schedule of Deliverables The Work Program below is for the implementation of the Wylie Recycles! Program for the City of Wylie. Grant funding will cover the purchase and installation of ten Big Belly compacting recycle units at three locations throughout the City. The program supports the Time to Recycle goal of the Regional Solid Waste Management Plan and objective to expand commercial recycling efforts in businesses and governments across the region. Each task below will be carried out by City staff. 1. Execution of the Inerlocal Agreement with NCTCOG: a. FY2013 projects anticipated: October 2012 2. Design public information material for sides of recycling containers. a. Work with City staff and CWD on design layout and select language: November 2012 3. Order recycle compacting containers: a. Prepare bid documents: December 2012 b. Award bid: February 2013 4. Install recycle compacting containers: a. Receive order of containers and supervise installation of containers by contractor: April 2013 - June 2013 (depending on availability) 5. Advertise the new recycling opportunities to the public: a. Develop a promotions plan with Public Information Office and Parks marketing staff: June 2013 or month following installation 6. Begin collection of recyclable materials from solar compactor containers: June 2013 or immediately after installation. 7. Quarterly Status Reports on the progress of the grant project: Every three months a. Beginning December 2012 8. All expenditures and activities completed: Friday, June 28, 2013 9. Final reporting, reimbursement request and Release of all Claims due on Friday, August 2, 2013, no later than 5 p.m. CENTRAL TIME to NCTCOG Offices at 616 Six Flags Drive, Arlington, Texas 76011, Attn: Liz Zecckine 1 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Attachment B. Schedules for Requests for Reimbursement and Quarterly Status Reports 1. REQUESTS FOR REIMBURSEMENT The FUNDS RECIPIENT must submit a "Request for Reimbursement" at least quarterly (even if no funds were spent), but not more frequently than once a month, for reimbursement of actual allowable costs. Requests for Reimbursement may be submitted monthly and are not associated with the Status Report schedule. All Requests for Reimbursement shall be submitted in accordance with the requirements identified in Attachment D, Article 04 "Reimbursement Procedures" of this Interlocal Agreement. The final Request for Reimbursement must include a Release of Claims as indicated under Attachment E. Article 09, "Release of Claims" of this Interlocal Agreement. 2. STATUS REPORTS The following represents the reporting schedule for projects funded in Fiscal Year 2012 and 2013. FY2012-13 SECOND CALL FOR PROJECTS QUARTERLY DUE DATES FOR REPORTING PERIOD GRANT SUMMARY/RESULTS REPORT Quarterly Grant Summary/Results Report #1 October 1, 2012 through November 30, 2012 Due Monday, December 10, 2012 (8 WEEKS) Quarterly Grant Summary/Results Report #2 December 3, 2012 through February 28, 2013 Due Monday, March 11, 2013 (12 WEEKS) Quarterly Grant Summary/Results Report #3 Note: Must incur ALL EXPENDITURES AND ALL ACTIVITIES COMPLETED March 4, 2013 through June 28, 2013 by close of business 5:00 pm CENTRAL TIME. (16 WEEKS) Due Friday, June 28, 2013 Submit : Original signatures required on all paperwork Final Results Report and submitted to NCTCOG at Final Reimbursement 616 Six Flags Drive, Arlington, TX 76011, Release of Claims ATTENTION: LIZ ZECCKINE Due Friday, August 2, 2013 by close of business 5:00 p.m. CENTRAL TIME. (YEAR LATER) Follow-Up Results Report: This report will be cumulative results. Due Friday, August 1, 2014 One (1) year after completion of the project, upon NCTCOG request. 2 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Attachment C. Budget and Detailed Cost Sheets Note: This Budget information is taken directly from the Project Application. BUDGET ITEM PROJECT FUNDING IN-KIND TOTAL PROJECT AMOUNT SERVICES 1. Personnel/salaries $ $ $0.00 2. Fringe benefits $ $ $0.00 3. Travel $ $ $0.00 4. Supplies $ $ $0.00 5. Equipment $ $ $0.00 6. Construction $ $ $0.00 7. Contractual $ $ $0.00 8. Other $45800.00 $3000.00 $48800.00 Total direct charges $45800.00 $3000.00 $48800.00 (sum of lines 1-8) 9. Indirect charges $ $ $0.00 Total Cost (sum of 1-9) $45800.00 $3000.00 $48800.00 LIST IN-KIND SERVICES HERE: Community Waste Disposal has committed to the City of Wylie to pay for graphics that will be placed on the containers marketing Wylie Recyles! (10 units @ $300 per container) 3 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DETAILED BUDGET SHEET - Line(s) 1, 2 and/or 10: Personnel/Salaries/Fringe Benefits/Indirect Rate This budget sheet should be completed if any expenses are entered for Personnel/Salaries on Line 1 of the Project Budget Summary; otherwise omit. $ In the space below, list the names and titles of individuals whose salaries are paid for in all or in part from project funds. Also indicate if funds are for a new or existing employee. If your budget lists fringe benefits (line 2) and indirect costs (line 10), you also must provide the following information: • What is your fringe benefit rate: ok • What is your indirect charge rate*: ok * In accordance with the Uniform Grant Management Standards (UGMS), indirect charges may be authorized if the applicant has a negotiated indirect cost rate agreement signed within the past 24 months by a federal cognizant agency or by a state single audit coordinating agency. Alternatively, the applicant may be authorized to recover up to 10% of direct salary and wage costs(excluding overtime, shift premiums, and fringe benefits)as indirect costs, subject to adequate documentation. If you have an approved cost allocation plan, please enclose documentation of your approved indirect rate. 4 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DETAILED BUDGET SHEET - Line 3: Project-Funded Travel This budget sheet should be completed if any expenses are entered for travel on Line 3 of the Project Budget Summary; otherwise omit. $ The following is an itemized list of the types of travel expenses expected, identifying the parties and purposes involved. In general, all travel is within the North Central Texas region or within Texas. All proposed travel outside Texas must be specifically listed and will need specific approval from NCTCOG and TCEQ. For Registration Fees, see "Other" Detailed Budget page. 5 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DETAILED BUDGET SHEET - Line 4: Project-Funded Supplies This budget sheet should be completed if any expenses are entered for supplies on Line 4 of your Project Budget Summary; otherwise omit. $ This type of expenditures must generally relate to the routine purchase of office supplies (paper, pencils, staple, etc.) or other goods that are consumed in a relatively short period of time in the regular performance of general office activities. (Expenses for food and alcoholic or non-alcoholic beverages are not allowable.) The following is an itemized list of the general types of supplies and their cost that are intended to be purchased with project funding: Item Unit Cost Total Cost 6 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DETAILED BUDGET SHEET - Line 5: Project-Funded Equipment This budget sheet should be completed if any expenses are entered for equipment on Line 5 of the Project Budget Summary; otherwise omit. $ Equipment includes all non-construction related, tangible property having a unit acquisition cost of $5,000 or more, with an estimated useful life of over one-year. All equipment purchases must be pre- approved by NCTCOG. Equipment (description, type, model, etc.) # of Units Costs per Unit 7 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DETAILED BUDGET SHEET - Line 6: Project-Funded Construction This budget sheet should be completed if any expenses are entered for construction on Line 6 of the Project Budget Summary; otherwise omit. $ All construction projects must be pre-approved by NCTCOG. Construction costs include facility design, site preparation, and facility construction. Indicate clearly whether construction services are provided by the FUNDS RECIPENT or through subcontracts for outside services. Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities. Appropriate costs that may be included are: • the cost of materials and labor connected to the construction project; • the cost of equipment attached to the permanent structure; and the cost of planning the project; and, • any subcontracts, including contracts for services, performed as part of the construction. All local government municipal laws and regulations, including UGMS, for bidding and contracting for services must be followed. The following is an itemized list of construction expenses associated with the funded project, with as many specifications as possible: Construction (and related expenses) Costs 8 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DETAILED BUDGET SHEET - Line 7: Project-Funded Contractual This budget sheet should be completed if any expenses are entered for contractual services on Line 7 of the Project Budget Summary; otherwise omit. $ All contractual expenses must be pre-approved by NCTCOG. Expenses included under this category should be for costs for professional services or tasks provided by a firm or individual who is not employed by the FUNDS RECIPENT other than those related to construction. All local government municipal laws and regulations, including UGMS, for bidding and contracting for services must be followed during the project period. Any expenses (including legal fees, staff time, travel and communications) related in any way to drafting legislation, lobbying for legislation, or other political activities are not allowable under this program. The following is an itemized list of the contractual expenses associated with the funded project, with as many specifications as possible: Contractual Costs 9 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DETAILED BUDGET SHEET -Item 8: Project-Funded Other Expenses This budget sheet should be completed if any expenses are entered under"Other" on Line 8 of the Project Budget Summary; otherwise omit. "Other" expenses are those for items or services that do not readily fit into any of the previous budget categories. The following is an itemized list of other expenses: $ Postage/delivery $ Telephone/Fax $ Utilities $ Printing/reproduction $3000.00 Advertising/public notices $500.00 Signage $ Training (registration fees, etc.) $ Office space and equipment rentals $ Basic office furnishings (desks, chairs, filing cabinets, etc.) $ Books and reference materials $ Computer hardware (under$5,000&not listed under equipment category) $ Computer software $42300.00 Miscellaneous ALL Other Expenses (Separately itemize these expenses below, For example: 96-gallon recycling roll carts @ $50.73 ea, 700 units=$35,511.00) Item # of Units Cost BigBelly compacting recycle units @ $4,080 10 $40,800.00 Total Shipping & Handling for all units 1 $1,500.00 $45800.00 TOTAL "Other" expenses, equal to the amount entered on Line 8 of the Budget Summary. 10 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Attachment D. Special Provisions Article 01: Purpose of the Interlocal Agreement The purpose of this Interlocal Agreement is to implement the provisions of§361.014(b) of the Texas Health and Safety Code, regarding the distribution of solid waste fee revenue funds in support of local and regional solid waste projects consistent with the regional solid waste management plans adopted by NCTCOG and TCEQ. This Interlocal Agreement is to perform specific tasks identified by NCTCOG's Resource Conservation Council (RCC) among several top-ranked local project proposals during the FY2012-2013 grant funding cycle. Article 02: Limitations and Reporting Requirements Pursuant to §391 of the Local Government Code, funds received under this Interlocal Agreement will be expended only subject to the limitations and reporting requirements similar to those set forth in this Article: • Audit and Reporting Requirements that the FUNDS RECIPIENT annually report to the Governor, §391.0095 of the Local Government Code, and 1 TAC §5.83 and §5.87, Governor's Office Regulations. • FUND RECIPIENT'S Indirect Costs must comply with §391.0115 of the Local Government Code, and 1 TAC §5.86, Governor's Office Regulations. • Restrictions on FUNDS RECIPIENT Travel Cost, §391.0115 of the Local Government Code, and 1 TAC §5.86, Governor's Office Regulations. • Restrictions on Use of Alcoholic Beverages, §391.0115 of the Local Government Code, and 1 TAC §5.86, Governor's Office Regulations. • Restrictions on Lobbying and Nepotism, §391.0116 of the Local Government Code, and 1 TAC §5.89, Governor's Office Regulations. • Salary Administration Provisions and Schedules and Position Classification Schedules, §391.0117 of the Local Government Code, and 1 TAC §5.85, Governor's Office Regulations. • General Limitations on Expenditures, §6.01 of SB 1, General Appropriations Act, 79th Legislative Session. Article 03. Financial Obligation The FUNDS RECIPIENT is responsible for ensuring that expenditure amounts remain within the total budget limits. The FUNDS RECIPIENT must maintain records and documentation materials consistent with the requirements of this Attachment D "Special Provisions," the Uniform Grant and Contract Management Act, Texas Government Code, §§783.001 et. seq., and the Uniform Grant Management Standards, 1 Texas Administrative Code (TAC), §§5.141 et. seq. (collectively, "UGMS"). The FUNDS RECIPIENT must also follow up on any problems identified through its financial monitoring program. In consideration of full and satisfactory performance hereunder, NCTCOG will be liable to the FUNDS RECIPIENT in an amount equal to the actual costs incurred by the FUNDS RECIPIENT in rendering such performance, subject to the following limitations: NCTCOG is not liable for expenditures made in violation of Attachment E, Article 24, which outlines supplemental funding standards as defined by TCEQ. NCTCOG is not liable for any costs incurred by FUNDS RECIPIENT in the performance of this Interlocal Agreement that have not been billed to NCTCOG within thirty (30) calendar days following termination of this Interlocal Agreement. 11 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies NCTCOG is not liable to the FUNDS RECIPIENT for costs incurred or performance rendered by FUNDS RECIPIENT before commencement of this agreement or after termination of this Interlocal Agreement. Except as specifically authorized by NCTCOG in writing, NCTCOG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in this Interlocal Agreement, stated guidelines and applicable rules and regulations. Failure on the part of the FUNDS RECIPIENT to comply with the conditions set forth in this Interlocal Agreement shall be the basis for termination of the Interlocal Agreement and/or the revocation of any unexpended or inappropriately expended funds. Article 04: Reimbursement Procedures All payments for approved project expenditures shall be on a cost reimbursement basis only. NCTCOG reserves the right to withhold or deny payments of funds awarded under this Interlocal Agreement due to incomplete, incorrect, or inconsistent reports or tasks required under this Interlocal Agreement, until the FUNDS RECIPIENT satisfactorily completes, revises, or corrects such services or reports. Request for Reimbursement (Summary of Project Expenditures): For expenditures already incurred, the FUNDS RECIPIENT shall submit a request for reimbursement at least quarterly, but no more frequently than once per month, by the tenth (10th) calendar day following the end of each month for which expenditures are claimed. The FUNDS RECIPIENT must use the required Reimbursement Request Form, with appropriate itemized Supplemental Forms A through E submitted with an original signature. All requests for reimbursement shall provide sufficient documentation, including: • copy of purchase order(s), • copy of invoice(s), • check number and/or electronic transfer number under which payment was made, and • information concerning the costs incurred to enable NCTCOG to ascertain the eligibility of a particular expenditure to enable subsequent audits. Specific guidelines and requirements are given later in this Attachment D for each category of allowed expenditures, in the Articles labeled "Personnel," "Supplies," "Equipment," "Travel," etc. The FUNDS RECIPIENT may account for expenses incurred and request reimbursement of outlays under a cash or accrual basis, as defined and authorized by the UGCMA. Under this Interlocal Agreement, an eligible reimbursement cost must have been incurred within the time period indicated on the Reimbursement Request Form; shall have been already paid; or incurred by the last day of the Interlocal Agreement period of performance. Payments: Upon review and approval of each Report of Pass-Through Grant Expenditures, NCTCOG will make payment to FUNDS RECIPIENT, as soon as practicable. The Final Request for Reimbursement must be submitted at the end of the Interlocal Agreement period of performance and must include a Release of Claims. 12 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Article 05. Budget Category Adjustments The FUNDS RECIPIENT may expend funds in excess of those listed for a particular budget category within the approved budget without requiring a formal amendment to this Interlocal Agreement, if: The FUNDS RECIPIENT adheres to all other requirements of this Interlocal Agreement, concerning obtaining prior written authorization; • The cumulative dollar amount of all excess expenditures among direct budget categories is equal to or less than 5% of the total budget amount. • Sufficient funds are available in other budget categories to cover the excess expenditures. • The transfer will maintain or further the scope and objective of the project as funded by this Agreement. NCTCOG will make the final determination if a transfer furthers the scope and objective of a project. • The FUNDS RECIPIENT notifies NCTCOG as soon as practical of the deviation from the budget categories. • Budget category adjustments/changes for Personnel/Salaries, Equipment, Contractual, Construction and Other expenditures must receive prior written authorization from NCTCOG. In order to receive approval for a budget category adjustment, FUNDS RECIPIENT must complete and submit a Request For Budget Revision form as well as a memorandum explaining the requested budget revision(s). Article 06. Project Reporting Requirements The FUNDS RECIPIENT shall prepare and submit to NCTCOG, a written progress report concerning performance under this Interlocal Agreement documenting the accomplishments and units of work performed under the Scope of Services of this Agreement. The "Summary/Results Report of Implementation Project" form must be submitted using the forms provided. The "Summary/Results Report of Implementation Project" form will be due to NCTCOG on the days indicated under the Schedule for Reimbursement and Reporting in Attachment B. The FUNDS RECIPIENT'S Summary/Results Report of Implementation Project report shall contain adequate descriptions of all project activities performed in order to allow NCTCOG to evaluate compliance with the provisions of this project. Performance information concerning timelines in meeting the schedule for required reports will be maintained by NCTCOG and shared with members of the RCC. In particular, any legal research and related legal activities shall be clearly detailed in the progress reports in order to assure NCTCOG that the activities are not prohibited under Attachment E, Article 24, of this Interlocal Agreement. The FUNDS RECIPIENT shall comply with any reasonable request by NCTCOG for additional information on activities conducted in order for NCTCOG to adequately monitor the FUNDS RECIPIENT'S progress in completing the requirements of and adhering to the provisions of this Interlocal Agreement. A Final Report shall be provided in conjunction with the final request for payment under this Interlocal Agreement. In this Final Report, the FUNDS RECIPIENT shall certify, in writing, the satisfactory completion of all activities and deliverables required under this Interlocal Agreement. Reimbursement payments under this Interlocal Agreement may be withheld by NCTCOG until such time as any past due progress reports are received. The Final Report shall consist of the same forms used for the Summary/Results Report of Implementation Project form and the supplemental detailed forms for this project's funding category. The Final Report shall include information on the progress 13 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies during the last quarter of the project as well as cumulative information from the beginning of the project through its completion. The FUNDS RECIPIENT also agrees to provide NCTCOG one or more "Follow-up Results" Report(s) documenting the continued impact of this funded project beyond the end date of this Agreement. The Follow-up Results Report(s) will be required on a schedule to be provided by NCTCOG, approximately one year after the end of the project funding cycle. The Follow-up Results Report form will be provided by NCTCOG to the FUNDS RECIPIENT later in the funding cycle. The FUNDS RECIPIENT agrees to provide, throughout the life of the project, additional reports (as requested by NCTCOG) to document the project's continued results at the culmination of the project. Timeliness in completing reporting requirements will be monitored by NCTCOG and reported to the RCC. If the FUNDS RECIPIENT'S is not able to submit a scheduled progress report on time, the FUNDS RECIPIENT must contact NCTCOG Project Representative for a report extension due date prior to the original submittal date. If the FUNDS RECIPIENT fails to submit the Summary/Results Report of Implementation Project form to NCTCOG's Project Representative upon notice/reminder, this matter will be brought to the attention of NCTCOG's RCC for further resolution. Failure to comply with the requirements of this Article shall constitute a breach of this Interlocal Agreement. Article 07. Performance Measures The timeliness of meeting reporting requirements and completion of the original Work Program and Timeline will be monitored by NCTCOG and reported to the RCC. Performance on reporting requirement information will be considered as an evaluation criteria for future Requests for Applications. As such, the FUNDS RECIPIENT is cautioned to meet all of the reporting requirements as outlined in Attachment B of this Interlocal Agreement. Prior written notification must be provided to NCTCOG in the event that the FUNDS RECIPIENT is unable to comply with the reporting requirements. Article 08. Identification of the Funding Source The FUNDS RECIPIENT must acknowledge the financial support of NCTCOG and the State of Texas whenever work is funded, in whole or part, through this Interlocal Agreement. This includes using the following notation on the front cover, title page, surface of recycling bins or carts, vehicle wraps, vehicles, pencils, pens, T-shirts, stickers, electronic devices, all mechanical equipment, etc.: "Prepared in cooperation with the North Central Texas Council of Governments through funding from the Texas Commission on Environmental Quality." Tangible items where surface space is limited may utilize the TCEQ logo or the phrase "Funded by TCEQ." Consult with NCTCOG Project Representative to obtain TCEQ logo and for guidance on the proper display. Article 09. Personnel In addition to the project funding reimbursement request, all outlays that fall within the "Personnel/Salaries" category of the budget shall be itemized by the FUNDS RECIPIENT on Supplemental Reimbursement Request Form A. For Personnel/Salaries expenditures, the FUNDS RECIPIENT is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time directly billed to this Interlocal Agreement. Payments from funds provided under this Interlocal Agreement for accruals such as vacation, sick leave, severance pay, or other accruals are 14 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies allowed only for time during which the employee was employed and performing work under this Interlocal Agreement. The FUNDS RECIPIENT employee positions covered in this Interlocal Agreement are listed in Attachment C. The FUNDS RECIPIENT must notify and seek approval from NCTCOG for any changes in personnel whose salaries are funded under this Interlocal Agreement. Article 10. Travel Only the employees of the FUNDS RECIPIENT assigned to the project should receive reimbursement for travel expenses. All travel for which expenses are claimed must be in connection with the tasks and activities required under this Interlocal Agreement, and shall be in compliance with the State Travel Regulation and Restrictions on Travel Costs as outlined in §391.0115 of the Local Government Code. Except as provided for in this Interlocal Agreement as indicated under Attachment C of the program budget, the FUNDS RECIPIENT shall obtain prior written authorization from NCTCOG for reimbursement from the travel expense budget category of any travel expenses for persons not employed by the FUNDS RECIPIENT, and for travel by any employee not included in Attachment C of the program budget. Out-of-state travel should not normally be allowed and will require prior written approval from NCTCOG and TCEQ, prior to the travel event. In order for travel expenses to be reimbursed under the conditions of this Interlocal Agreement, the FUNDS RECIPIENT shall comply with the State Travel Regulations as required by Section 33, Article IX, H.B. 1, and any Restrictions on Travel Costs as outlined in §391.0115 of the Local Government Code. Documentation should, at a minimum, be consistent with the State Travel Regulations and any restrictions on travel cost. The purpose of the travel shall be documented and supported with any of the appropriate records, such as automobile mileage totals for the reporting period (gasoline receipts will not be accepted for privately owned vehicles), actual receipts for hotel accommodations, public transportation receipts, airline receipts, meal receipts, etc. The reimbursement request must include the itemization of travel expenses on Supplemental Reimbursement Request Form A. The FUNDS RECIPIENT is not required to submit a daily or incidental mileage log as a part of Supplemental Reimbursement Request Form A. However, mileage trip logs documenting amount of miles traveled per day or per trip, the FUNDS RECIPIENT must maintain destination and purpose of trip as part of the FUNDS RECIPIENT'S records. Such mileage logs must be made available upon request by NCTCOG or TCEQ. Article 11. Equipment For the purposes of this Interlocal Agreement, equipment is defined as those items with a unit acquisition cost of$5,000 or greater. All equipment expenses are subject to prior approval by NCTCOG before purchase. Subject to the obligations and conditions set forth in this Interlocal Agreement, title to real property and equipment (together hereafter referred to in this Article as "property") acquired under this Interlocal Agreement by the FUNDS RECIPIENT will vest upon acquisition or construction. Subject to the provisions of this Interlocal Agreement and as otherwise provided by State statutes, property acquired or replaced under this Interlocal Agreement shall be used for the duration of its normally expected useful life to support the purposes of this Interlocal Agreement whether or not the original projects or programs continue to be supported by state funds. 15 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies The FUNDS RECIPIENT shall not allow to a third party a security interest in any original or replacement property purchased or constructed with funds made available to the FUNDS RECIPIENT under this Interlocal Agreement. The use of property acquired under this Interlocal Agreement, both during the term of this Interlocal Agreement and for the useful life of the property or until compensation is provided to TCEQ for the applicable percentage share of the fair market value of the property, shall be in compliance with §361.014(b) of the Texas Health & Safety Code Annotated, which directs that a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. The FUNDS RECIPIENT may develop and use their own property management systems, which must conform to all applicable federal, state, and local laws, rules and regulations. If an adequate system for accounting for property owned by the FUNDS RECIPIENT is not in place or is not used properly, the Property Accounting System Manual issued by the State Comptroller of Public Accounts will be used as a guide for establishing such a system. The property management system used by the FUNDS RECIPIENT must meet the requirements set forth in this Section. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of the property, who holds title, the acquisition date, and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. A physical inventory of all equipment acquired or replaced under this Interlocal Agreement shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the FUNDS RECIPIENT shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage, or theft shall be investigated. The FUNDS RECIPIENT shall develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such property is sold. Certain types of equipment are classified as "controlled assets" and are subject to annual revision. In accordance with the UGMS, the FUNDS RECIPIENT should contact the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's state Property Accounting User Manual available on the Internet, for the most current listing. Firearms shall be maintained on the FUNDS RECIPIENT'S inventory system irrespective of cost, and the following equipment with costs between $500 and $5,000 shall be maintained on the inventory system: (1) stereo systems, (2) still and video cameras, (3)facsimile machines, (4) VCRs and VCR/DVD/TV combinations; (5) cellular and portable telephones.; and, (6) computer hardware. The FUNDS RECIPIENT may, for the purpose of replacing property acquired under this Interlocal Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. The FUNDS RECIPIENT agrees that if a determination is made that any property acquired with funds provided under this Interlocal Agreement with a current per-unit fair market value of$5,000 or more is no longer needed for the originally authorized purpose, TCEQ has the right to require disposition of the property by the FUNDS RECIPIENT in accordance with the provisions of this Article. 16 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies When during the useful life of property acquired with project funds under this Interlocal Agreement by the FUNDS RECIPIENT and with a current per-unit fair market value of$5,000 or more, the property is no longer needed for the originally authorized purpose the FUNDS RECIPIENT agrees to request disposition instructions from TCEQ. When property acquired by a FUNDS RECIPIENT with project funds provided by TCEQ under this Interlocal Agreement is no longer needed for the originally authorized purpose, the FUNDS RECIPIENT agrees that this Interlocal Agreement will require NCTCOG to request disposition instructions from the FUNDS RECIPIENT or, if NCTCOG is no longer administering a Regional Solid Waste Implementation Project Program, TCEQ. NCTCOG shall, in turn, request authorization from TCEQ to provide disposition instructions to the FUNDS RECIPIENT. Disposition instructions shall solicit, at a minimum, information on the source and amount of funds used in acquiring the property, the date acquired, the fair market value and how the value was determined (e.g., by appraisal, bids, etc.), and the proposed use of the proceeds. The assessment of whether to authorize the proposed disposition of the property must include a determination that the disposition plan will comply with the private industry provisions of§361.014(b) of the Texas Health Safety Code Annotated. In cases where the FUNDS RECIPIENT fails to take appropriate disposition actions, TCEQ may direct NCTCOG to take excess and disposition actions. The disposition instructions may provide for one of the alternatives as set forth in this Section. Retain title, sell, or otherwise disposed of with no obligation to compensate TCEQ or, in the case of a FUNDS RECIPIENT. Retain title after compensating TCEQ or, in the case of an implementation project funding recipient, NCTCOG. If NCTCOG is compensated by a FUNDS RECIPIENT for property acquired using funds provided under this Interlocal Agreement, NCTCOG will in turn compensate TCEQ or, upon authorization by TCEQ, use those funds for other projects or activities that support this or similar future programs conducted by TCEQ. The amount due will be computed by applying the percentage of state-funded participation in the cost of the original purchase to the fair market value of the property. Sell the property and compensate TCEQ or, in the case of project funding recipient, NCTCOG. If NCTCOG is compensated by a FUNDS RECIPIENT for property acquired using funds provided under this Interlocal Agreement, NCTCOG will in turn compensate TCEQ or, upon authorization by TCEQ, use those funds for other projects or activities that support the goals of this or similar future programs conducted by TCEQ. The amount due will be calculated by applying TCEQ percentage of participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing-up expenses. If the project is still active, the net proceeds from sale may be offset against the original cost of the property. When the FUNDS RECIPIENT is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. Transfer title to TCEQ or, in the case of an implementation project funds recipient, NCTCOG, or to a third-party designated/approved by TCEQ. If the FUNDS RECIPIENT participated financially in the original purchase of the property, the FUNDS RECIPIENT may be authorized payment from the receiving party of an amount calculated by applying the percentage of the participation in the original purchase of the property to the current fair market value of the property. Items of property with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the FUNDS RECIPIENT with no further obligation to TCEQ. Methods used to determine per-unit fair market value must be documented, kept on file and made available to TCEQ upon request. 17 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies A request for reimbursement for equipment must include itemized Supplemental Reimbursement Request Form B. Article 12. Contractual Expenses No contractual expenditures are eligible for reimbursement under this Interlocal Agreement, unless such contracts' scope of work has been approved ahead of time, in writing, by NCTCOG. Any amendments to the FUNDS RECIPIENT'S subcontract authorization for reimbursement under this Interlocal Agreement, whether or not such subcontract required NCTCOG's pre-approval, which will result in or require substantive changes to any of the tasks required to be performed under this Interlocal Agreement, must be approved in writing by NCTCOG. Examples of contractual expenses include professional (subcontracted) services. The FUNDS RECIPIENT is expected to conform to the appropriate bidding and contracting laws and regulations according to the FUNDS RECIPIENT'S own internal policies and procedures. In addition, the FUNDS RECIPIENT is required to maintain documentation that the costs incurred for contractual expenses (including subcontract expenses) were reasonable and necessary. Please note the specific guidance applicable to project restrictions, especially regarding projects that require a TCEQ permit or registration. All outlays that fall within the "Contractual" category of the budget shall be itemized by the FUNDS RECIPIENT on the Supplemental Reimbursement Request Form B, to accompany the Reimbursement Request Form. In addition, the FUNDS RECIPIENT shall attach, for each item listed, legitimate documentation that (1)further identifies the specific cost; (2) clearly identifies the vendor or subcontractor who provided the materials or services; and (3) confirms the reimbursable materials listed. Supporting documentation shall include a purchase order marked "received/paid" and an invoice similarly marked, plus a copy of the check under which payment for the expense was made. In the case of subcontractor services, the supporting documentation shall consist of a dated invoice marked "received/paid" showing the amount billed to the FUNDS RECIPIENT, indicating any "past due" amount from previous invoices and a copy of the check. Article13. Construction Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities. Examples include: facility design, site preparation and facility construction, including slabs, paving, awning, attendant shelters with sanitation facilities, fencing and lighting, containment berms, and electronic data-recording equipment. The FUNDS RECIPIENT shall obtain and pay for all construction permits and licenses. The FUND RECIPIENT shall also pay all charges of utility owners for connections to the work and for charges associated with capital costs related thereto, such as plant investment fees. The FUNDS RECIPIENT is expected to conform to the appropriate bidding process according to the FUNDS RECIPIENT'S own internal policies and procedures. In addition, the FUNDS RECIPIENT is required to maintain documentation to support that the cost incurred were reasonable and necessary. Appropriate costs that may be included are: a. The costs of planning the project. b. The cost of materials and labor connected to the construction project. c. The cost of equipment attached to the permanent structure; and d. Any subcontracts (including contracts for services) performed as part of the construction. 18 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies All outlays that fall within the "Construction" category of the budget shall be itemized by the FUNDS RECIPIENT on the Supplemental Reimbursement Request Form C, to accompany the Reimbursement Request Form. In addition, the FUNDS RECIPIENT shall attach, for each item listed, legitimate supporting documentation that (1)further identifies the specific cost; (2) clearly identifies the vendor or subcontractor who provided the materials or services; and (3) confirms the reimbursable materials listed. The supporting documentation shall include a copy of the purchase order marked "received/paid", and an invoice similarly marked plus a copy of the check. In the case of subcontractor services, the supporting documentation shall consist of a dated invoice showing the amount billed to the FUNDS RECIPIENT and any "past due" amount from previous invoices marked "received/paid" indicating the check number. In addition, the FUNDS RECIPIENT is subject to all the requirements related to Title to Equipment and Construction Facilities, as indicated in Attachment D, Article 11. Article 14. Consumable Supplies Expenses shall be for non-construction related costs for goods and materials having a unit acquisition cost (including freight) of less than $1,000. Such expenditures shall generally relate to the routine purchase of office supplies (paper, pencils, and staplers) or other goods, which are consumed by the FUNDS RECIPIENT in a relatively short period of time, in the regular performance of the general activities funded under this Interlocal Agreement. FUNDS RECIPIENT is expected to conform to the appropriate bid process for purchases according to the FUNDS RECIPIENT'S own internal policies and procedures. Non-routine expenditures of goods and materials, not falling under the definition of Supplies, should be charged to the "Other" expense category. Supporting documentation shall include whatever is necessary to show that the work was performed and the expense incurred. Supporting documentation for reimbursement must include verification that the cost has been paid by the FUNDS RECIPIENT, a copy of the purchase order (if issued) and a copy of the invoice. A request for reimbursement for supplies must include itemized expenses on the Supplemental Reimbursement Request Form D. Article 15. Other Expenses No expenses under the "Other" budget category, including computer hardware or software purchases not included under the "Equipment" budget category, shall be eligible for reimbursement under this Interlocal Agreement, unless approved ahead of time, in writing, by NCTCOG. The "Other" expenses as identified in Attachment C of the Project Budget are allowed. The restrictions set forth in the Uniform Grant and Contract Management Standards apply. All expenses 19 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies budgeted under this "Other" category shall be itemized by the project funds recipient when requesting reimbursement. Some expenses that may be appropriate include: a. Postage/delivery g. Office space b. Telephone/Fax h. Basic office furnishings c. Utilities i. Legal costs d. Printing/reproduction j. Vehicle maintenance e. Advertising/Public notices k. Any others f. Signage The expenses under this budget category must receive NCTCOG's written approval prior to purchase. Again, for these "other" expenditures, documentation for reimbursement must show that the expenses were incurred (a copy of the check), and shall include purchase orders if issued and invoices, or receipts marked "received/paid." Any Request for Reimbursement must include an itemization of the expenses, using the Reimbursement Request Form. Article 16. Indirect Expenses Indirect costs rates under this Interlocal Agreement shall comply with all provisions of§391.0115 of the Texas Local Government Code relating to the restrictions on commission costs, and the FUNDS RECIPIENT shall advise NCTCOG in writing in the event such compliance will necessitate a reduction or other change to the indirect cost rate(s) set forth in the budget identified under Attachment C. The Indirect Cost Rate(s) included under Attachment C shall remain in effect subject to formal approval by either a federal cognizant agency, a state coordinating agency based on a recent audit performed by an independent auditor, or another funding entity, that specifically examines and reports the indirect cost rate for the FUNDS RECIPIENT accounting period(s) covered under this Interlocal Agreement. The FUNDS RECIPIENT agrees to reimburse NCTCOG any overpayments received as a result of any final audit finding. In the event that the FUNDS RECIPIENT'S federal cognizant agency, or state coordinating agency approves, prior to the termination date of this Agreement, determines a final audited indirect cost rate which is different from the indirect rate set forth in this Interlocal Agreement, the FUNDS RECIPIENT and NCTCOG may negotiate a new contract budget and incorporate such into this Interlocal Agreement by way of a contract change. Nothing in this section, or the results of any indirect cost audit or final indirect cost rate approval, shall cause NCTCOG to owe the FUNDS RECIPIENT more than the FUNDS RECIPIENT amount shown in budget set forth in Attachment C. Article 17. In-kind Services In reference to the performance of the FUNDS RECIPIENT under this Interlocal Agreement, In-kind Services shall be for staff or services directly involved with the work related activities as defined in the approved work plan. In-kind Services as defined in the approved Project Budget will be tracked separately with the understanding that in the event that such services and/or contributions are not provided during the term of this Interlocal Agreement, NCTCOG may terminate the Interlocal Agreement for non- compliance. 20 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies The FUNDS RECIPIENT shall track In-kind Services separately from project funding and shall itemize those costs on the required Supplemental Reimbursement Request Form E, which shall be submitted with each Request for Reimbursement Form. Article 18. Project Contacts NCTCOG hereby designates the person in Article 18 of this Attachment as the individual authorized to give direction to the FUNDS RECIPIENT for the purposes of this Interlocal Agreement. The NCTCOG Project Representative shall not be deemed to have authority to bind NCTCOG in contract unless NCTCOG's Executive Director has delegated that person to have such authority. The FUNDS RECIPIENT shall identify as its Project Representative, the person authorized to receive direction from NCTCOG, to manage the work being performed, and to act on behalf of the FUNDS RECIPIENT. The FUNDS RECIPIENT'S Project Representative shall not be deemed to have authority to bind the FUNDS RECIPIENT in contract unless the FUNDS RECIPIENT, in writing, specifically specifies such authority to NCTCOG. Either party may change its Project Representative as the need arises. In addition, the Project Representative of either party may further delegate his or her authority if necessary, including any delegation of authority to a new Project Representative. The party making any change in the Project Representative shall provide written notice of the change to the other party. NCTCOG hereby designates the individual below as the person to give direction to the FUNDS RECIPIENT as Project Representative of NCTCOG: Doug Anthony, Environment & Development Planner Environment and Development Department P. O. Box 5888 Arlington, Texas 76005-5888 TEL (817) 695-9139 FAX (817) 695-9191 Email: danthony@nctcog.org The FUNDS RECIPIENT hereby designates the individual named below as the person authorized to receive direction from NCTCOG, to manage the work being performed, and to act on behalf of the FUNDS RECIPIENT as the Project Representative: Project Representative Alternate Contact to Project Representative: Robert Diaz , Project Coordinator Name, Title Address City of Wylie City, Texas Zip 300 Country Club #100 TEL (###) ###-#### FAX (###) ###-#### Wylie , Texas 75098 Email: name@email.com TEL (972) 516-6341 FAX (972) 516-6355 Email: Robert.diaz@wylietexas.gov The FUNDS RECIPIENT designates the following location for record access and review: City of Wylie 300 Country Club, #100 Wylie, Texas 75098 21 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Attachment E. General Provisions Article 01. Eligible Project Funding Recipients Only those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from NCTCOG for an implementation project: • Cities; • Counties; • Public schools through their school districts and school districts (does not include universities or post secondary educational institutions); • Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities; and, • Councils of government. Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by TCEQ, are not eligible to receive implementation project funding from NCTCOG. TCEQ shall provide, on a quarterly basis, NCTCOG a list of entities for which fee payments are in arrears. NCTCOG shall allow a potential implementation project applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed to the state. If the potential applicant provides NCTCOG with documentation of payment of the fees, such as a canceled check or receipt from the state, or waiver of the fee in question, NCTCOG may consider that applicant to be eligible to receive implementation project funding under this Interlocal Agreement. Article 02. Responsibilities of the FUNDS RECIPIENT The FUNDS RECIPIENT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by the FUNDS RECIPIENT under this Interlocal Agreement. The FUNDS RECIPIENT shall perform such services as may be necessary to accomplish the work required under this Interlocal Agreement, in accordance with the FUNDING AGENCY and contractual requirements and any and all applicable law. NCTCOG may require the FUNDS RECIPIENT to correct and revise any errors, omissions or other deficiencies in any reports or services provided by the FUNDS RECIPIENT to ensure that such reports and services fulfill the purposes of this Interlocal Agreement. The FUNDS RECIPIENT shall make the required corrections or revisions without additional cost to NCTCOG. Neither NCTCOG's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Interlocal Agreement or of any cause of action arising out of the performance of this Interlocal Agreement; and the FUNDS RECIPIENT shall be, and remain liable in accordance with applicable law for all damages to NCTCOG, including reasonable attorney's fees and court costs caused by the FUNDS RECIPIENT'S negligent performance of any of the services furnished under this Interlocal Agreement. The obligations of the FUNDS RECIPIENT under this Article are in addition to the FUNDS RECIPIENT'S other express or implied assurances under this Interlocal Agreement or applicable law. 22 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Article 03. Oversight of Solid Waste Implementation Project Program NCTCOG staff, through its designated Project Representative, is responsible for managing the solid waste implementation project program, for negotiating the work scope of services, the budget, and the term of the Interlocal Agreement. NCTCOG staff will review and authorize Requests for Reimbursement, review progress reports and will undertake site visits. In addition, NCTCOG's RCC, the regional solid waste advisory committee under the Executive Board, will oversee the comprehensive implementation project program assure compliance with state requirements and achievement of regional objectives. Other oversight duties of the RCC will include arbitration of projects as necessary and review and approval of key contract amendments. Article 04. Standards for Implementation Projects The following standards and limitations apply to all implementation project activities funded under this Agreement. The FUNDS RECIPIENT is responsible for ensuring compliance of these standards in the following project categories. Local Enforcement. This category consists of projects that contribute to the prevention of illegal dumping of municipal solid waste, including liquid wastes. Under this category, funding recipients may investigate illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of municipal solid waste, including liquid waste; establish a program to monitor the collection and transport of municipal liquid wastes, through administration of a manifesting system; and educate the public on illegal dumping laws and regulations. Examples of categories eligible for funding include equipment such as vehicles, communications equipment, and surveillance equipment as well as program administration expenses, such as salaries/fringe benefits, office supplies and equipment, travel, training, and vehicle maintenance. Also eligible for funding is protective gear, supplies and educational materials. Funding limitations specific to this category are set forth in this Section. Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas Government Code, unless: (a) the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Standards and Education pursuant to Chapter 415, Texas Government Code; or (b) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. When funding is to be provided for salaries of local enforcement officers, the FUNDS RECIPIENT must certify that at least one of the officers has attended or will attend within the term of the funding TCEQ's Criminal Environmental Law Enforcement Training or equivalent training. Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering and illegal dumping, and may not be used for other code enforcement or law enforcement activities. Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement activities for a percentage of time equal to the proportion of the purchase expense funded. Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for use by an enforcement officer, must investigate major illegal dumping problems, on both public and private property, in addition to investigating general litter problems on public property. 23 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Entities receiving funds to conduct a local enforcement program must cooperate with TCEQ's regional investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with TCEQ staff may constitute a reason to withhold future funding to that entity for local enforcement activities. Funds may not be used for investigation and enforcement activities related to the illegal dumping of industrial and/or hazardous waste. Instances where industrial or hazardous waste is discovered at a site do not preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement activities are on the illegal dumping of municipal solid waste. Source Reduction and Recycling. This category includes projects that provide a direct and measurable effect on reducing the amount of municipal solid waste going into landfills, by diverting various materials from the municipal solid waste stream for reuse or recycling, or by reducing waste generation at the source. Funded activities may include: facility design and construction; equipment, such as chippers, balers, crushers, recycling and composting containers, trailers, forklifts, and trucks; program administration expenses, such as salaries/fringe benefits, office supplies and equipment, travel, and training; and, educational materials, printing and advertisement expenses. Funding limitations specific to this category are set forth in this Section. Programs and projects funded under this category shall have as a goal and be designed to provide a measurable effect on reducing the amount of municipal solid waste being disposed of in landfills. Any program or project funded with the intent of demonstrating the use of products made from recycled and/or reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials. Projects funded under this Interlocal Agreement may not include programs dedicated to the collection and/or recycling of automotive wastes, to include scrap tires, used oil, oil filters, antifreeze, or lead- acid batteries. This restriction includes the purchase of equipment to shred or split scrap tires. However, this restriction does not apply to the ancillary collection of these materials as part of a comprehensive Household Hazardous Waste Collection facility or program. Local Solid Waste Management Plans. This category includes projects to develop and have adopted by TCEQ a local solid waste management plan, in accordance with Subchapter D, §363 of the Texas Health & Safety Code, as implemented by TCEQ rule, 30 TAC Chapter 330, Subchapter 0, or to amend an existing local solid waste management plan that has been adopted by TCEQ. Funding limitations applicable to this category are set forth in this Section. The local planning area must be consistent with one or a combination of local solid waste management planning sub-regions identified by NCTCOG in the regional solid waste management plan. Funding provided under this category may not be used for final engineering work, designs, or construction plans. At least one year should be allowed for the completion and adoption of the local plan. Citizens' Collection Stations and "Small" Registered Transfer Stations. This category includes projects to construct and equip citizens' collection stations, as these facilities are defined under 30 TAC §330.2, TCEQ Regulations. Municipal solid waste transfer stations that qualify for registration under §330.4(d)(1) - (3) or§330.4(r) of TCEQ Regulations may also be funded. The costs associated with operating a citizens' collection station once it is completed may not be funded. The design and construction of small municipal solid waste and liquid waste transfer stations that qualify for registration under§330.4(d) or§330.4(r), TCEQ Regulations, may be funded. Other permitted or registered transfer stations may not be funded. 24 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies A municipal solid waste transfer facility may be eligible for a registration if it serves a municipality with a population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid waste transfer station may qualify for a registration if it will receive less than 32,000 gallons or less per day. The costs associated with operating a transfer station once it is completed may not be funded. Funds may be used for projects funded for these types of facilities shall include consideration of an integrated approach to solid waste management, to include providing recycling services at the site, if appropriate to the management system in place. Funds may also be used for periodic community collection events, held not more frequently than four times per year, to provide for collection of residential waste materials for which there is not a readily-available collection alternative, such as large and bulky items that are not picked up under the regular collection system. Transfer stations that qualify for a registration solely due to their location within a permitted municipal solid waste facility, under§330.4(d)(4), may not be funded. Municipal solid waste transfer stations that qualify for a registration only under the provisions of §330.4(q) of the Municipal Solid Waste regulations allowing for registration of facilities that recover 10% or more of the waste stream for reuse or recycling, but not also under the provisions of§330.4(d) of the Municipal Solid Waste regulations, may not be funded. However, those components of a transfer facility dedicated to the reuse or recycling activities may qualify for funding under the source reduction and recycling grant category. Municipal solid waste transfer stations that are used only in the transfer of grease trap waste, grit trap waste, septage, or other similar liquid waste, and which qualify for registration under §330.4(r) of the Municipal Solid Waste Regulations may be funded under this category. Specifically, §330.4(r) of the regulations allows for registration of a liquid waste transfer facility that will receive 32,000 gallons a day or less. Only the costs necessary to construct the facility and/or purchase and install necessary equipment may be funded. Costs associated with operating a facility once it is completed may not be funded. Transfer stations that require a registration must have already received that registration from the TCEQ before a grant may be awarded. Household Hazardous Waste Management. This category includes projects that provide a means for the collection, recycling or reuse, and/or proper disposal of household hazardous waste (HHW), including household chemicals and other materials. Projects may include collection events, consolidation and transportation costs associated with collection activities, recycling and/or reuse of materials; proper disposal of materials; permanent collection facilities, and education and public awareness programs. Funds may also be used to support Texas Country Cleanup events, conducted in conjunction with TCEQ. Funding limitations specific to this category are set forth in this Section. Projects under this category must be coordinated with TCEQ HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. Funds provided under this Interlocal Agreement may not be used for programs and activities related to the collection and management of commercial, industrial, and hazardous wastes. Funds provided under this Interlocal Agreement may not be used for programs and activities solely related to the management of scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in municipal solid waste landfills. However, collection of these 25 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies materials may be included as part of a comprehensive HHW collection and management program, so long as that is not the sole intent of the program. Technical Studies. This category includes projects which include the collection of pertinent data, analysis of issues and needs, evaluation of alternative solutions, public input, and recommended actions, to assist in making solid waste management decisions at the local level. Projects under this category may also include research and investigations to determine the location and boundaries of closed municipal solid waste landfills in support of the regional solid waste landfill inventory program. Funding limitations specific to this category are set forth in this Section. All technical studies shall be consistent with the adopted regional solid waste management plan, and prepared in accordance with the Content and Format Guidelines provided by TCEQ. Funding may not be used for final engineering work, designs, or construction plans. A landfill or landfilling may be the topic of a technical study only if it is part of an overall, integrated solid waste management system. However, this restriction does not apply to research related to an inventory of closed municipal solid waste landfill sites. Litter/Illegal Dumping Cleanups and Community Cleanup Events. This category includes ongoing and periodic activities to clean up litter and illegal dumping of municipal solid waste, to include lake and river cleanup events conducted in conjunction with TCEQ's and Keep Texas Beautiful Lake and River Cleanup Program. Projects included under this category may include general community cleanup events designed to involve the residents and community in periodic cleanup of litter and trash within the community as well as waste removal; disposal or recycling of the removed materials; fencing and barriers; and signage. Placement of trash collection receptacles in public areas with chronic littering problems is also included. Reuse or recycling options should be considered for managing the materials collected, to the extent feasible. Funding limitations specific to this category are set forth in this Section. Lake and River Cleanup events must be coordinated with TCEQ's cleanup program staff and/or the Keep Texas Beautiful organization, which is contracted by TCEQ to administer the Lake and River Cleanup program. Projects funded to clean up litter or illegal dumping on private property must be conducted through a local government sponsor. Funds may not be provided directly to a private landowner or other private responsible party for cleanup expenses. The local government sponsor must either contract for and oversee the cleanup work, or conduct the work with its own employees and equipment. The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by TCEQ to deal with immediate threats to human health or the environment. The costs for cleanup of Class 1 non-hazardous industrial waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by TCEQ to deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3 non-hazardous industrial wastes that may be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at a site. All notification, assessment, and cleanup requirements pertaining to the release of wastes or other chemicals of concern, as required under federal, state, and local laws and regulations, including 26 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies 30 TAC Chapter 330, TCEQ's MSW Regulations, and 30 TAC Chapter 350, TCEQ's Risk Reduction Regulations, must be complied with as part of any activities funded under this Interlocal Agreement. All materials cleaned up using grant funds must be disposed of properly or otherwise properly managed in accordance with all applicable laws and regulations. To the extent feasible, it is recommended that materials removed from a site be reused or recycled. For projects to clean up large amounts of materials, NCTCOG may consider withholding at least ten (10) percent of the reimbursements under this Interlocal Agreement until documentation is provided that the cleanup work has been completed and the materials properly managed. Periodic community collection events, to provide for collection and proper disposal of non-recyclable residential waste materials for which there is not a readily available collection alternative, are eligible. This type of project may not include regular solid waste collection activities, such as weekly waste collection. Funded collection events may be held no more frequently than four times per year, and must only be intended to provide residents an opportunity to dispose of hard-to-collect materials, such as large and bulky items that are not picked up under the regular collection system, and might otherwise be illegally dumped. Funding limitations specific to this category are set forth in this Section. Educational and Training Projects. Educational components are encouraged under the other categories in order to better ensure public participation in projects; those educational components should be funded as part of those projects and not separately under this category. This category may be used for"stand-alone" educational projects dealing with a variety of solid waste management topics. This category may include funding for information-exchange activities, subject to the other limitations on travel expenses. Funding limitations specific to this category are set forth in this Section. Programs and projects funded under this category shall be primarily related to issues involved in the management of municipal solid waste. Education or training events that cover a broader range of environmental issues may be funded on a partial basis appropriate to the extent to which municipal solid waste issues are covered. Article 05. Monitoring Requirements NCTCOG shall conduct periodic analysis of FUNDS RECIPIENT'S performance under this Interlocal Agreement for the purpose of assessing the degree to which contractual objectives and performance standards, as identified in this Interlocal Agreement or as subsequently amended, are achieved by the FUNDS RECIPIENT. NCTCOG may periodically monitor the FUNDS RECIPIENT for: • The degree of compliance with the terms of this Interlocal Agreement, including compliance with applicable rules, regulations, and promulgations referenced herein; • The administrative and operational effectiveness of the project; and, • NCTCOG Project Representative must visit the FUNDS RECIPIENT facility and certify in writing that equipment is on site in order for FUNDS RECIPIENT to receive reimbursement for equipment expenditures. 27 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Article 06. Compliance with Applicable Laws The FUNDS RECIPIENT shall, except as otherwise provided in this Interlocal Agreement, be responsible for giving notices, obtaining any necessary licenses and permits, complying with all provisions of this Interlocal Agreement, including, but not limited to, all applicable State, Municipal and Local laws, ordinances, rules, regulations and order of any public authority, in connection with the work required by this Interlocal Agreement. The main governing standards include, but may not be limited to, the following: • §361.014. TEX. HEALTH and SAFETY CODE ANN. (as amended by H.B. 3072, 74th Texas Legislature); • §330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330); and • The Uniform Grant and Contract Management Act, TEX. GOV'T CODE ANN., §§783.001 et. Seq., and the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code (TAC), §§5.141 et. seq. (collectively, "UGCMA"). If the FUNDS RECIPIENT or NCTCOG observes that this Interlocal Agreement is at variance in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Interlocal Agreement modification. Article 07. Uniform Grant and Contract Management Act The provisions of the Uniform Grant and Contract Management Act ("UGCMA") apply to this Interlocal Agreement to the extent required by law. Article 08. Accounting Systems The FUNDS RECIPIENT shall have an accounting system that accounts for costs in accordance with Generally Accepted Accounting Standards or Principles, and complies with applicable State law, regulations, and policies relating to accounting standards or principles. The FUNDS RECIPIENT must account for costs in a manner consistent with such standards or principles. Article 09. Release of Claims Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior to settlement upon termination of this Agreement, and as a condition to final payment/settlement, the FUNDS RECIPIENT shall execute and deliver to NCTCOG a release of all claims against NCTCOG arising under or by virtue of this Interlocal Agreement. Article 10. Access/Examination of Records The FUNDS RECIPIENT shall maintain and make available for review, inspection and/or audit books, records, documents, and other evidence reasonably pertinent to performance on all work under this Interlocal Agreement, including but not limited to, negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices at the FUNDS RECIPIENT's office. During the conduct of any such review, audit or inspection, the FUNDS' RECIPIENT'S books, records, and other pertinent documents may, upon prior conference with the FUNDS RECIPIENT, be copied by NCTCOG. All such information shall be handled by the parties in accordance with good business ethics. The FUNDS RECIPIENT shall provide proper facilities for such access and inspection. 28 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies The FUNDS RECIPIENT shall also maintain and make available at its designated location the financial information and data used by the FUNDS RECIPIENT or its designee (including independent financial auditors) in the preparation and support of any cost submission or cost (direct and indirect), price or profit analysis for this Interlocal Agreement or any negotiated Sub-Agreement or change order, and a copy of the cost summary shall be submitted to NCTCOG. NCTCOG, or any of its duly authorized auditors or representatives, shall have access to such books, records, documents, and other evidence for the purpose of review, audit or inspection. The records to be thus maintained and retained by FUNDS RECIPIENT shall include (without limitation): • personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of FUNDS RECIPIENT'S employees working full or part time on the work, as well as canceled payroll checks or signed receipts for payroll payments in cash; • invoices for purchases, receiving and issuing documents and all other unit inventory records for FUNDS RECIPIENT'S stocks or capital items; and • paid invoices and canceled checks for materials purchased, subcontractor costs, and/or and any other third parties' charges. Records under section (a) above shall be maintained and made available during the entire period of performance of this Interlocal Agreement and until three (3) years from the date of the final NCTCOG payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the three-year period, whichever is later. Access to records is not limited to the required retention periods. The authorized representatives designated in Attachment D, Article 17 of this Interlocal Agreement shall have access to records at any reasonable time for as long as the records are maintained. Access to records applies to financial records pertaining to all sub-agreements and related changes, to the extent the records reasonably pertain to sub-agreement performance; if there is any indication that fraud, gross abuse or corrupt practices may be involved; or if the sub-agreement is terminated for default or for convenience. NCTCOG reserves the right to require reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the FUNDS RECIPIENT on work performed under this Interlocal Agreement. Article 11. Audits The FUNDS RECIPIENT shall provide assurances that, if funded, the FUNDS RECIPIENT will comply with the Single Audit provisions of the UGMS, prepared by the Governor's Office under§§783.001 et.seq, Texas Government Code, and 1 TAC §§5.141 et.seq, Governor's Office Regulations. Provisions of the Single Audit Circular in Part 1V of the UGMS apply to all recipients of funding under this grant. Article 12. Insurance and Liability The FUNDS RECIPIENT understands and agrees that it shall be liable to repay, and shall repay upon demand to NCTCOG, any amounts determined by NCTCOG, its independent auditors, or any agency of state government any funds which have been paid in violation of the terms of this Interlocal Agreement. 29 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Article 13. Hazardous Substances, Waste Disposal and Manifests The FUNDS RECIPIENT shall comply with all applicable laws and regulations, including but not limited to, those relating to hazardous substances, waste disposal, and manifests. The FUNDS RECIPIENT shall ensure that the same requirement will be incorporated into sub-agreements and/or subcontracts awarded under the provisions of this Interlocal Agreement. Article 14. Conflicts of Interest No employee, officer or agent of the FUNDS RECIPIENT shall participate in selection, or in the award or administration of a contract supported by state funds, if a conflict of interest, real or apparent, would be involved: • The employee, officer or agent. • Any member of his immediate family. • His or her partner. • An organization which employs, or is about to employ any of the above. Such a conflict arises when any of the above has a financial or other interest in the subcontractor selected. The officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontractors. To the extent permitted by state or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violation of such standards by the FUNDS RECIPIENT officers, employees, or agents, or by contractors or their agents as specified in the UGMS. The FUNDS RECIPIENT shall notify NCTCOG immediately upon discovery of any potential or actual conflict of interest. The FUNDS RECIPIENT agrees that NCTCOG and TCEQ have sole discretion to determine whether a conflict of interest exists and that NCTCOG may terminate this Interlocal Agreement at any time, on the grounds of actual or apparent conflict of interest. The FUNDS RECIPIENT shall notify NCTCOG in writing of any actual, apparent, or potential conflict of interest regarding any individual performing or having access to information regarding the services in question. As applicable, the notification shall include both organizational conflicts of interest and personal conflicts of interest. Any individual with a personal conflict of interest shall be disqualified from taking part in any way in the performance of any services that created the conflict of interest. Article 15. Survival of Obligations All representations, indemnification's, warranties and guarantees made in, required by or given in accordance with this Interlocal Agreement, as well as all continuing obligations indicated in this agreement, will survive final payment, completion and acceptance of the service and termination or completion of the Interlocal Agreement. Article 16. Contractual Costs The FUNDS RECIPIENT'S contractual costs must comply with allowable cost requirements. FUND RECIPIENTS who are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies. If the FUNDS RECIPIENT has no competitive procurement policy, the FUNDS RECIPIENT must generally select contractors by evaluation and comparison of price, quality of goods or services and past performance. All sub- agreements/subcontracts awarded by the FUNDS RECIPIENT under this Interlocal Agreement shall be in accordance with the (UGMS). 30 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Article 17. Changes to Interlocal Agreement A Major Change will include one or more of the following: (1) An increase or decrease in the amount of compensation to the FUNDS RECIPIENT; (2) An extension or shortening of the term of the Agreement; (3) A significant change in the scope of the Agreement or the services to be performed; or (4) Any action that is beyond the authority of NCTCOG's Executive Director. Implementation of a Major Change must be preceded by a formal written amendment to the agreement. The amendment must contain a description of the proposed change and shall be signed by persons authorized to bind each party in contract. Any amendment that exceeds the contractual authority of NCTCOG's Executive Director also requires the consent, at Agenda, of a majority of NCTCOG's Executive Board. Any proposed change that is not a Major Change may qualify as a Minor Change. A Minor Change shall require the written agreement of both Project Representatives but shall not require a formal amendment to the contract. A copy of the authorization must be retained in the appropriate file of both the FUNDS RECIPIENT and NCTCOG. If the FUNDS RECIPIENT requests a Minor Change and the Project Representative does not approve the request as a Minor Change, then the change shall be deemed a Major Change and the FUNDS RECIPIENT may only obtain authorization to proceed by a formal written amendment to this Interlocal Agreement. Article 18. Severability All parties agree that should any provision of this Interlocal Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Interlocal Agreement, which shall continue in full force and effect. Article 19. Intellectual Property For the purpose of this Article, "intellectual property" refers to: • Any discovery or invention for which patent rights may be acquired; • Any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials; and; • Any other materials for which intellectual property rights may be obtained. If the FUNDS RECIPIENT first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under this Agreement, it shall report that fact to NCTCOG. The FUNDS RECIPIENT may obtain governmental protection for rights in the intellectual property. However, NCTCOG hereby reserves a nonexclusive, royalty-free and irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. NCTCOG also reserves a royalty-free nonexclusive, and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property for which the FUNDS RECIPIENT obtains rights with funds received under this Interlocal Agreement. 31 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies In performing work under this Interlocal Agreement, the FUNDS RECIPIENT shall comply with all laws, rules and regulations relating to intellectual property, and shall not infringe on any third party's intellectual property rights. It shall hold NCTCOG harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify NCTCOG against any claims for infringement related to its work under this Agreement. The FUNDS RECIPIENT expressly acknowledges that persons with visual impairments may not expend state funds in connection with the purchase of an automated information system unless that system meets certain statutory requirements under §2157.005 of the Government Code, relating to accessibility. Accordingly, the FUNDS RECIPIENT represents and warrants to NCTCOG that the technology provided to NCTCOG for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assertive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating displays, and customizable display appearances. Article 20. Correspondence All project related notices, reports and other contractual communications under this Interlocal Agreement shall be sent to NCTCOG Project Representative as specified under Attachment D, Article 18. All such communications shall be considered duly given if hand delivered; delivered by nationally recognized courier service, or mailed by certified or registered mail, return receipt requested. All such communications shall be deemed given when received, as evidenced by the signed acknowledgment of receipt by the recipient, the confirmation of delivery by the courier service, or the receipt returned by the sender. Article 21. Data and Publicity All data and other information developed under this Interlocal Agreement shall be furnished to NCTCOG and shall be public data and information, with exception to the extent it is exempt from public access by the Texas Open Records/Public Information Act, Vernon's TEX. GOV'T CODE § 552. Upon termination of this Agreement, all data and information shall become the joint property of NCTCOG and the FUNDS RECIPIENT. Article 22. Assignability This Interlocal Agreement is not transferable or otherwise assignable by the FUNDS RECIPIENT without the written consent of NCTCOG. Any attempted transfer is void without the written consent of NCTCOG. 32 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Article 23. Sub-agreements and Subcontracts All contractual expenditures using funds provided under this Interlocal Agreement shall meet UGCMA, and all procurement laws, applicable to the FUNDS RECIPIENT and subcontractor, including the Professional Services Procurement Act. Note that the Common Rule of OMB Circular A-102, as adopted in the UGCMA, precludes the use of the cost plus, a percentage of cost method of contracting. Any subcontractor acquired by the FUNDS RECIPIENT in connection with the services covered by this Interlocal Agreement will be limited to such individuals or firms, scope of work, and budget amounts as are specifically (1) identified herein; or as (2) approved by NCTCOG during the performance of this Interlocal Agreement prior to execution of a contract with the subcontractor. Any substitution in such subcontractor, the scope of work, and budget amounts will be subject to the prior written approval of NCTCOG. The FUNDS RECIPIENT shall be responsible for the management and fiscal monitoring of all subcontractors. The FUNDS RECIPIENT shall ensure that all subcontractors comply with Article 10, Access/Examination of Records and all other provisions required by this Interlocal Agreement. NCTCOG reserves the right to perform an independent audit of all subcontractors. Funds provided by NCTCOG pursuant to this Interlocal Agreement that are paid to the subcontractor shall be used by the subcontractor solely to satisfy the purposes of this Interlocal Agreement. Article 24. Supplemental Funding Standards In addition to the standards set forth in applicable laws and regulations, the standards outlined below apply to all uses of the funds provided under this Interlocal Agreement including the implementation projects awarded funds by the FUNDS RECIPIENT. Unless authorization is otherwise specifically provided for in or under the terms of this Interlocal Agreement, the use of funds provided under this Interlocal Agreement, to include funds provided for pass-through grants, shall be in accordance with the supplemental funding standards set forth in this Article. Payment of Fees. Local and regional political subdivisions subject to the payment of state solid waste disposal fees and whose payments are in arrears are not eligible to receive grant funding. Land Acquisition Costs. Funds provided under this Interlocal Agreement may not be used to acquire land or an interest in land. Municipal Solid Waste-Related Programs Only. Funds provided under this Interlocal Agreement may not be used for programs dealing with wastes that are not considered municipal solid waste , including programs dealing with industrial or hazardous wastes. Programs Solely Related to Collection of Certain Wastes. Funds provided under this Interlocal Agreement may not be used for programs and activities solely related to the management of automotive wastes, to include: scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other similar wastes excluded from disposal in MSW landfills. Funds may also not be used for the processing of scrap tires, such as through the purchase of equipment to shred or split the tires. However, the collection of these materials may be included as part of a comprehensive HHW collection and management program, so long as that is not the sole intent of the program. Activities Related to the Disposal of Municipal Solid Waste. Except as may be specifically authorized under an eligible project category, funds provided under this Interlocal Agreement may not be used for activities related to MSW disposal. 33 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies This restriction includes solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to-energy); processing for reducing the volume of solid waste that is to be disposed of; and any landfill-related facilities or activities. This also includes the closure and post-closure care of a landfill; or other activities and facilities associated with the ultimate disposal of municipal solid waste. This provision does not apply to activities specifically included under an authorized project category, to include landfill scales, citizens' collection stations, and small registered transfer stations. Projects Requiring a TCEQ Permit. Funds may not be used for expenses related to projects or facilities that require a permit from TCEQ and/or that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, and other facilities. This provision, however, may be waived by TCEQ, at its discretion, for otherwise eligible activities o be located at a closed permitted facility and/or for recycling activities that will take place within the boundaries of an open facility. Recycling activities that may qualify for such a waiver may include recyclables collection, composting, and land application of bio-solids for beneficial use. The Applicant and/or the FUNDS RECIPIENT should request a preliminary determination from TCEQ as to the eligibility of the project prior to consideration for funding. Projects Requiring TCEQ Registration. Projects or facilities that require registration from TCEQ, and which are otherwise eligible for funding, may be funded. However, the registration for the facility must be finally received before that project can be selected for funding. Projects that Create a Competitive Advantage Over Private Industry. In accordance with §361.014(b) of the Texas Health and Safety Code, a project or service funded under this Interlocal Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non- profit entities. Supplanting Existing Funds. Funds provided under this Interlocal Agreement may not be used to supplant existing funds. In particular, staff positions where the functions assigned to that position will remain the same and that were active at the time of the project application, and were funded from a source other than a previous solid waste project, are not eligible for project funding. This provision does not apply to the salaries for staff of the FUNDS RECIPIENT in its conduct of activities under this Interlocal Agreement. Food/Entertainment Expenses. Funds provided under this Interlocal Agreement may not be used for food or entertainment expenses, including refreshments at meetings and other functions. This provision does not apply to authorized employee per diem expenses for food costs incurred while on travel status. Use of Alcoholic Beverages. Funds provided under this Interlocal Agreement may not be used for payment of salaries to any employee who uses alcoholic beverages on active duty. None of these funds may be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. 34 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Funds to Law Enforcement Agencies. Funds provided under this Interlocal Agreement may not be provided to any law enforcement agency regulated by Chapter 415 of the Texas Government Code, unless the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415 of the Texas Government Code, or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. Article 25. Americans with Disabilities Act Requirements The FUNDS RECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101- 12213 (Pamph. 1995). Article 26. Employment Practices The FUNDS RECIPIENT agrees that in the performance of this Interlocal Agreement, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive Order 11246, entitle "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). The FUND RECIPIENT assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Interlocal Agreement. Article 27. Statutes Relating to Nondiscrimination The FUNDS RECIPIENT shall comply with all applicable state and federal statutes relating to nondiscrimination that include, but are not limited to, those listed in the UGMS. Article 28. Utilization of Small, Minority, and Women's Business Enterprises The FUNDS RECIPIENT agrees that qualified Historically Underutilized Businesses shall have the maximum practicable opportunity to participate in the performance of this Interlocal Agreement. Article 29. Safety and Protection Where applicable, the FUNDS RECIPIENT shall be responsible for maintaining and supervising all necessary safety precautions and programs in connection with the work/services performed under this Interlocal Agreement. Article 30. Energy Efficiency Standards The FUNDS RECIPIENT is encouraged to follow standards and policies on energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P. L. 94-163). Article 31. Force Majeure A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. 35 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Provided this Interlocal Agreement is still in force, and subject to the conditions below, if a delay or failure of performance by either party results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent that: • the delay or failure was beyond the control of the party affected and not due to its fault or negligence; and • the delay or failure was not extended because of the affected party's failure to use all diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome. No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within a reasonable time after commencement of the event, of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the timetable by which the FUNDS RECIPIENT intends to implement these measures. The party seeking relief shall also give written notice of the ending of the event within a reasonable time after the event has ended. NCTCOG shall be responsible for costs related to a force majeure event, only if they are incurred by the FUNDS RECIPIENT after the prior written request by the NCTCOG Project Representative, to incur such costs. Neither NCTCOG nor the FUNDS RECIPIENT shall have, and both hereby waive, any claim whatever for any damages resulting from delays caused by force majeure events. Article 32. Termination of Interlocal Agreement This Interlocal Agreement shall terminate upon full performance of all requirements contained herein, unless this Interlocal Agreement is amended in writing. This agreement may be terminated in whole or in part in writing by either contracting party in the event of substantial failure by the other party to fulfill its obligation under this Interlocal Agreement through no fault of the terminating party, provided that no such termination may be effected unless the other party is given: • Not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and an opportunity for consultation with the terminating party prior to termination. • This Interlocal Agreement may be terminated in whole or in part in writing by NCTCOG for its convenience, provided that the FUNDS RECIPIENT is given not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate. Circumstances in which NCTCOG may terminate for convenience include, but are not limited to, the Texas Legislature's withdrawal of appropriations for this project or the FUNDS RECIPIENT'S continued or repeated failure to perform tasks and submit reports in a complete, correct and consistent manner. • If termination for default of this Article, or for reduction or loss of Legislative appropriations of this Article is effected by NCTCOG, an adjustment in the Interlocal Agreement amount shall be made, but: no amount shall be allowed for anticipated profit on unperformed services, tasks or other work; and • Any payment due the FUNDS RECIPIENT at the time of termination may be adjusted to the extent of any reasonable additional costs incurred by NCTCOG by reason of the FUNDS RECIPIENT'S default. The equitable adjustment for any termination shall provide for payment to the FUNDS RECIPIENT for services rendered and expenses incurred by the FUNDS RECIPIENT relating to contracts entered into prior to the termination, in addition to termination 36 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies settlement costs reasonably incurred by the FUNDS RECIPIENT relating to contracts entered into prior to the termination. Upon receipt of a termination notice the FUNDS RECIPIENT shall promptly discontinue all services affected (unless the notice directs otherwise); and deliver or otherwise make available to NCTCOG all data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and equipment as may have been accumulated by the FUNDS RECIPIENT in performing this Interlocal Agreement, whether completed or in progress. Upon termination of this Interlocal Agreement, NCTCOG may take over the work and prosecute the same to completion by agreement with another party or otherwise. If, after termination for failure of the FUNDS RECIPIENT to fulfill its contractual obligations, it is determined that the FUNDS RECIPIENT had not so failed, the termination shall be deemed to have been effected for the convenience of NCTCOG. If any delay or failure of performance is attributed to an event as defined in Force Majeure, the FUNDS RECIPIENT may in its sole discretion terminate this Interlocal Agreement in whole or in part. If such termination is effected, an equitable adjustment shall be made in accordance with this Article. 37 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies DEFINITIONS Wherever used in this Interlocal Agreement, the following terms have the meaning indicated which are applicable to both the singular and plural thereof. This list is not meant to be inclusive nor exclusive of all pertinent grant definitions: Accrued expenditures: The charges incurred by the grantee during a given period requiring the provisions of funds for: (1) Goods and other tangible property received; (2) services performed by employees, contractors, subcontractors, and other payees, and (3) other amounts becoming owed under programs for which no current services or performance is required, such as annuities, insurance claims, and other business payments. Accrued income: The sum of(1) earnings during a given period from services performed by the grantee and goods and other tangible property deliverable to purchasers; and (2) amounts becoming owed to the grantee for which no current services or performance is required by the grantee. Acquisition cost: For equipment purchases, means the net invoice unit price of the property including the cost of modifications, attachments, accessories, or auxiliary apparatus necessary to make that property usable for the purpose for which it was acquired. Other charges such as the cost of installation, transportation, taxes, duty or protective in-transit insurance shall be included or excluded from the unit acquisition cost in accordance with the grantee's regular accounting practices. Addenda: Written or graphic instruments issued prior to the execution of the Agreement which clarify, correct or change the Proposal Requirements or the Agreement. Administrative requirements: Those matters common to grants in general, such as financial management, kinds and frequency of reports, and retention of records. These are distinguished from "programmatic" requirements, which concern matters that can be treated only on a program-by- program or grant-by-grant basis, such as kinds of activities that can be supported by grants under a particular program. Cash contribution: The FUNDS RECIPIENT'S cash outlay, including the outlay of money contributed to the FUNDS RECIPIENT by other public agencies and institutions, and private legislation, federal funds received from other assistance agreement may be considered as FUNDS RECIPIENT cash contributions. Common rule: Part III of the Uniform Grant Management Standards, which were promulgated by the Texas Governor's Office of Budget and Planning pursuant to the Uniform Grant Conditions and Management Act, Texas Government Code Chapter 783. Contract Documents: The Interlocal Agreement and the documents that are described in and incorporated into the Interlocal Agreement. Together, the Contract Documents form the contract between the parties. Contract Price: The moneys payable by NCTCOG to the FUNDS RECIPIENT for completion of the work in accordance with the Contract Documents as stated in the Interlocal Agreement (subject to the provisions included in the Interlocal Agreement). Contract Times: The number of days or dates stated in the Interlocal Agreement to complete the work so that it is ready for final payment. 38 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Cost sharing or matching: The value of the third party in-kind contributions and the portion of the costs of a state assisted project or program not borne by the state. Cost-type Contract: A contract or subcontract under a grant in which the FUNDS RECIPIENT or subcontractor is paid on the basis of the costs it incurs, with or without a fee. Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. A FUNDS RECIPIENT may use its own definition of equipment provided that such definition would include all equipment defined above. Expiration Date of the Interlocal Agreement: The date indicated in the Interlocal Agreement as the date that the Interlocal Agreement terminates (end date of the Interlocal Agreement). Financial Completion: In the opinion of the Funding Agency (NCTCOG and TCEQ), the work as outlined in the Interlocal Agreement is complete. Funding Agency: The Texas Commission on Environmental Quality through the North Central Texas Council of Governments. Government: A federal or state agency or a local government. Historically Underutilized Business: As defined by Texas law and delineated in the State Purchasing and General Services Act, as amended September 1, 1995, a historically underutilized business as a corporation or a partnership in which fifty-one percent (51%) or more of the corporation's stock (or other equitable securities) or partnership's assets and interest are owned by one or more socially disadvantaged persons, who have a proportionate interest and actively participates in the corporation or partnership control, operation, and management. If the business is a sole proprietorship, the socially disadvantaged person must completely own, operate and control the business. Socially disadvantaged persons include members of certain groups including African Americans, Hispanic Americans, American Women, Asian Pacific Americans, and Native Americans. Intellectual Property: (1) any and all inventories, discoveries, improvements, or creations for which copyright, trade secret, patent or other proprietary rights may be acquired, (2) any photographs, graphic designs, plans, drawings, specifications, computer programs, computer files, documentation, technical reports, operating manuals, or other copyrightable materials, and (3) any other work fixed in any tangible medium of expression which can be perceived, reproduced, or otherwise communicated for which copyright, trade secret, patent or other proprietary rights may be acquired. Intellectual Property Rights: Patents, trademarks, trade secret rights, confidential information rights or any other proprietary rights to which a person may be entitled or may actually possess. Intellectual Property Rights include all rights of ownership and original authorship throughout the world. Interlocal Agreement: The "NCTCOG Interlocal Agreement" which contains the salient terms of the Agreement between the FUNDS RECIPIENT and NCTCOG and covers the work to be performed; also describes and includes any additional agreement documents which may be attached to the Interlocal Agreement and made a part thereof as provided therein. Laws and Regulations: Any and all applicable laws, rules, regulations, ordinances, codes and other orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. Liens: Charges, security interests, liens or encumbrances upon real property or personal property. 39 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Local government: Local and regional political subdivisions located within the State of Texas. The meaning is broaden to include eligible recipients of solid waste pass-through grant funds: cities; counties; public schools and school districts (excluding universities or post secondary educational institutions); Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities. Minor Change: A written document which provides for minor changes in the work to be performed under the Interlocal Agreement, but does not involve a change in the contract price or the contract times. Obligations: The amount of orders placed, contracts and sub-grants awarded, goods and services rendered, and similar transactions during a given period that will require payment by the grantee during the same or a future period. Outlay (expenditures): Charges made to the project or program. Outlays may be reported on a cash or accruals basis. For reports prepared on a cash basis, outlays are the sum of actual cash disbursement for direct charges for goods and services, the amount of indirect expense incurred, the value of in-kind contributions applied, and the amount of cash advances and payments made to the FUNDS RECIPIENT. For reports prepared on an accrued expenditure basis, outlays are the sums of actual cash disbursements, the amount of indirect expense incurred, the value of in-kind contributions applied, and the net increase (or decrease) in the amounts owed by the grantee for goods and other property received, for services performed by employees, contractors, subcontractors, and other payees, and other amounts becoming owed under programs for which no current services or performance are required, such as annuities, insurance claims, and other benefit payments. Percentage of completion method: A system under which payments are made for work according to the percentage of the completed work, rather than to the FUNDS RECIPIENT`s cost incurred. Prior Approval: Documentation evidencing consent prior to incurring specific costs. Project: The total body of services rendered of which the work to be provided under the Interlocal Agreement may be the whole, or a part as indicated elsewhere in the Interlocal Agreement. Project Representative: The individual who is authorized to execute the work program identified in the Interlocal Agreement. This individual must be an employee of the FUNDS RECIPIENT and may or may not have contractual authority. Real Property: Land, including land improvements, structures and appurtenances thereto, excluding moveable machinery and equipment. Share: When referring to TCEQ's portion of real property, equipment or supplies, means the same percentage as the TCEQ's portion of the acquiring party's total costs under the grant to which the acquisition cost of the property was charged. Only costs are to be counted, not the value of the third- party in-kind contributions. Standards: The Uniform Grant Management Standards. State: The State of Texas. 40 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Subcontractor: An individual, firm, corporation or local government having a direct contract with the FUNDS RECIPIENT or with any other subcontractor for the performance of a part of the work identified in the Interlocal Agreement. Supplies: Generally relates to the routine purchase of office supplies (paper, pencils, staples, etc.) or other goods that are consumed in a relatively short period of time in the regular performance of general office activities. Suspension: (1) temporary withdrawal of the authority to obligate project funds pending corrective action by the FUNDS RECIPIENT, or sub-grantee or a decision to terminate the grant, or (2) an action taken by a FUNDING AGENCY official in accordance with the Interlocal Agreement, State or Federal law, or Regulations to immediately exclude a person from participating in grant transactions for a period, pending completion of an investigation and such legal or debarment proceedings as may ensue. Termination: Permanent withdrawal of the authority to obligate previously-awarded project funds before that authority would otherwise expire. It also means the voluntary relinquishment of that authority by the FUNDS RECIPIENT or sub-grantee. "Termination" does not include (1) withdrawal of funds awarded on the basis of the FUND RECIPIENT'S underestimate of the unobligated balance in a prior period; (2)withdrawal of the unobligated balance as of the expiration of a grant; (3) refusal to extend a grant or award additional funds to make a competing or noncompeting continuation, renewal, extension or supplemental award; or (4) voiding of a grant upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from inception. Unliquidated Obligations: For reports prepared on a cash basis, means the amount of obligations incurred by the FUNDS RECIPIENT that has not been paid. Reports prepared on an accrued expenditure basis represent the amount of obligations incurred by the FUNDS RECIPIENT for which an outlay has not been recorded. Unobligated Balance: The portion of the funds authorized by the FUNDING AGENCY that has not been obligated by the FUNDS RECIPIENT, and is determined by deducting the cumulative obligation from the cumulative funds authorized. Work: The entire completed services or the various separately identifiable parts thereof required to be furnished under this Interlocal Agreement. Work includes and is the result of performing or furnishing labor, services, materials or equipment as required by the Interlocal Agreement. 41 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Appendices (Each form is not required for every project. Please use only those forms that are applicable to your specific grant.) I. SUMMARY/RESULTS REPORT OF GRANT-FUNDED PROJECT • STATUS OF COMPLETION OF WORK TASKS FORM • RESULTS REPORT FORMS (FORM 10a: LOCAL ENFORCEMENT (FORM 10b: LITTER/ILLEGAL DUMPING CLEANUP AND COMMUNITY COLLECTION EVENTS FORM 10c: SOURCE REDUCTION/RECYCLING FORM 10d: LOCAL SOLID WASTE MANAGEMENT PLANS ❑FORM 10e: CITIZENS COLLECTION STATIONS, SMALL REGISTERED TRANSFER STATIONS INFORM 10f: HOUSEHOLD HAZARDOUS WASTE (attach a copy of the completed Data Information Form required to be submitted to TCEQ for each HHW collection activity) ❑FORM 10g: TECHNICAL STUDIES ❑FORM 10h: EDUCATIONAL AND TRAINING PROJECTS (stand alone projects) II. REIMBURSEMENT REQUEST FORM plus SUPPLEMENTAL FORM(s) ❑FORM A Itemization Personnel/Salaries and Travel budget categories ['FORM B Itemization of Equipment and Contractual costs ['FORM C Itemization of Construction budget category ®FORM D Itemization of Supplies and the Other expenditures FORM E Itemization of In-kind Services III. REQUEST FOR BUDGET REVISION FORM IV. RELEASE OF CLAIMS ALL forms are located at the following website: http://www.nctcog.org/envir/SEELT/funding/reportforms.asp 42 Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies Enter text in each field below to update the header information. Grant Project Number 13-04-G08 City of Wylie Park/Big Bellies 43 �A. OF tyJF,tftt' Via r , ,1 Wylie City Council - AGENDA REPORT 8•rasp Meeting Date: December 11, 2012 Item Number: K. Department: Public Services (City Secretary's Use Only) $45,800,Revenue 112-4000-43514 $42,300,Expense 112-5614-58840 Prepared By: Robert Diaz Account Code: $3,500,Expense 112-5614-56040 Date Prepared: November 30, 2012 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2012-48 of the City of Wylie, Texas amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of$45,800.00 from the 4B Parks Fund for Wylie Recycles! and approving a deposit of $45,800.00 from the North Texas Central Council of Governments Solid Waste Implementation Grant Project as revenues into 4B Parks Fund: Providing for a repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve Consider, and act upon, Ordinance No. 2012-48 of the City of Wylie, Texas amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $45,800.00 from the 4B Parks Fund for Wylie Recycles! and approving a deposit of$45,800.00 from the North Texas Central Council of Governments Solid Waste Implementation Grant Project as revenues into 4B Parks Fund: Providing for a repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion In previous Council action occurring on June 12, 2012, Council approved Resolution 2012-21(R) authorizing staff to submit a grant application requesting project funding under the North Central Texas Council of Governments (NCTCOG) Request for Project Applications supporting the goals of the Regional Solid Waste Management Plan. In November 2012, the NCTCOG notified the City that it was awarded $45,800.00 from the Texas Commission on Environmental Quality and on December 11, 2012, the Council passed Resolution 2012- 41(R) approving an Interlocal Agreement with NCTCOG in order to proceed with the project pending execution of the Agreement by the NCTCOG. Because of the uncertainty of the potential amount of the grant award, associated expenditures and revenues were not included as part of the 2012-2013 budget. As expenditures are made throughout the course of this project, staff will submit reimbursement requests to the NCTCOG totaling $45,800.00. The grant application specifies that the award would be used for the purchase and installation of 10 high-tech solar compacting recycle containers and funding the promotion and public education related to the overall Wylie Recyles! Program. Page 1 of 2 Page 2 of 2 Approved By Initial Date Department Director MS November 30, 2012 City Manager ORDINANCE NO. 2012-48 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2012-27 (2012-2013 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $45,800.00 FROM THE 4B PARKS FUND FOR WYLIE RECYLES! AND APPROVING A DEPOSIT OF $45,800.00 FROM THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS SOLID WASTE IMPLEMENTATION GRANT PROJECT AS REVENUES INTO 4B PARKS FUND; PROVIDING FOR A REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2012-27 (2012-2013 Budget) for the purpose of implementing a North Central Texas Council of Governments Solid Waste Implementation Grant project in the City of Wylie ("Project"); and WHEREAS, the City Council authorized the City Manager to execute an Interlocal Agreement with North Central Texas Council of Governments for the North Central Texas Council of Governments Solid Waste Implementation Grant project (Resolution #2012-41(R) ("Interlocal Agreement"); and WHEREAS, the estimated cost of the Project is Forty-Five Thousand Eight Hundred dollars and 00/100 ($45,800.00); and WHEREAS, the Interlocal Agreement provides that the North Central Texas Council of Governments shall reimburse the City for the costs of the Project, with a total investment made by North Central Texas Council of Governments not to exceed Forty-Five Thousand Eight Hundred dollars and 00/100 ($45,800.00). NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2012-27 (2012-2013 Budget). Ordinance No. 2012-27 (2012-2013 Budget) is hereby amended to allow for the following appropriation: "Forty-Five Thousand Eight Hundred dollars and 00/100 ($45,800.00) paid by North Central Texas Council of Governments as a reimbursement shall be deposited into Revenue Account 112-4000-43514 (Solid Waste Implementation Grant Account); and Ordinance No.2012-48 Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—NCTCOG Grant Page 1 618467.1 Forty-Two Thousand Three Hundred dollars and 00/100 ($42,300.00) shall be appropriated to Expense Account 112-5614-58840 of the 4B Parks Fund Budget; and Three Thousand Five Hundred dollars and 00/100 ($3,500.00) shall be appropriated to Expense Account 112-5614-56040 of the 4B Parks Fund Budget." SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11th day of December, 2012. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2012-48 Budget Amendment Amending 2012-13 Budget(Ordinance No.2012-27)—NCTCOG Grant Page 2 618467.1 Wylie City Council `'` . AGENDA REPORT 8•rss7.. Meeting Date: December 11, 2012 Item Number: L. Department: Fire Rescue/Purchasing (City Secretary's Use Only) Prepared By: Glenna Hayes Account Code: Date Prepared: November 26, 2012 Budgeted Amount: 1. Resolution No.2012-36(R) Exhibits: 2. Exhibits A&B Subject Consider and act upon Resolution No. 2012-42(R) of The City Council of the City of Wylie, Texas, ratifying the salary and vehicle expenses for a dedicated PAWM radio system technician under the terms and conditions of an inter-local agreement by and between The City of Plano, The City of Allen, the City of Wylie and The City of Murphy and approving future expenditures. Recommendation Motion to approve Resolution No. 2012-42(R) ratifying the salary and vehicle expenses for a dedicated radio system technician under the terms and conditions of an inter-local agreement by and between The City of Plano, The City of Allen, The City of Wylie and The City of Murphy; and approving future expenses. Discussion The City of Wylie entered into an inter-local agreement with Plano, Allen and Murphy, authorizing the use of the Plano/Allen jointly owned emergency radio system(Resolution#2009-36-R). Section III,paragraph C of the agreement stipulates that the City of Wylie and Murphy agree to each fund one half(1/2) of an additional radio system technician separate from the Plano/Allen technician, and a dedicated service vehicle. At the time of Council approval (12/8/09, Exhibit B), specific dollar amounts were not known and subsequently were not included in the inter-local agreement. This resolution is to ratify previous years' expenditures and to approve future expenditures which will exceed$50,000/year(Exhibit A). Approved By Initial Date Department Director RC/GH 11/26/12 City Manager Page 1 of 1 RESOLUTION NO. 2012-42(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, RATIFYING THE SALARY AND VEHICLE EXPENSES FOR A DEDICATED RADIO SYSTEM TECHNICIAN UNDER THE TERMS AND CONDITIONS OF AN INTER- LOCAL AGREEMENT BY AND BETWEEN THE CITY OF PLANO, THE CITY OF ALLEN, THE CITY OF WYLIE AND THE CITY OF MURPHY (RESOLUTION NO. 2009-36-R)AND APPROVING FUTURE EXPENDITURES. WHEREAS, the City Council of the City of Wylie, Texas approved Resolution No. 2009-36-R on 12/8/2009 ("Exhibit B"), establishing an inter-local agreement between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas for a Joint Radio Communications System; and WHEREAS, under Section III, paragraph C of the inter-local agreement titled "Jointly Funded System Technician", the City of Wylie agreed to fund one-half (1/2) of an additional radio system technician separate from the Plano/Allen Radio Technician; and WHEREAS, under Section III, paragraph C of the inter-local agreement titled "Jointly Funded System Technician", the City of Wylie agreed to fund one-half(1/2) of a service vehicle dedicated to the radio system technician; and WHEREAS, Section III, paragraph C of the inter-local agreement titled "Jointly Funded System Technician", did not contain specific expense amounts; and WHEREAS, funds have previously been remitted to the City of Plano as required by the inter-local agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to ratify prior expenses as outlined in"Exhibit A"; and SECTION 2: The City Manager of the City of Wylie, Texas, is hereby authorized to approve all future expenditures as outlined in"Exhibit A"; and SECTION 3: This Resolution shall take effect immediately upon its passage. Resolution No.2012-42(R) DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 1 1th day of December, 2012. ERIC HOGUE,Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2012-42(R) EXHIBIT "A" INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. RESOLUTION 2009-36-R Prior Expenditures Year Item Amount Purchase Order No. 2010 Salary—8 Mo. $34,115.00 37837 2010 Vehicle $ 9,518.50 39076 2011 Salary— 12 Mo. $52,195.51 41857 2012 Salary— 12 Mo. $52,707.23 47596 Future Expenditures • Base salary increases are capped at 3%plus associated increases in benefits and overhead. • Vehicle is on a 5 year replacement schedule with the City of Plano (2014). R55BD811 CITY OF PLANO 11/6/2012 9:55:45 Supplements Update Page- 1 For Fiscal Year Starting 10/1/2011 00534002 Sr.Radio Technician-Shared Comp 00001 General Dept 534 Public Safety Communications Start Date 10/1/2012 Funded: F PERSONNEL SERVICES 6103 Classified Salaries Grade 14 65,557.44 6111 Overtime 5,000.00 6121 RSP 2,279.01 6122 TMRS 12,996.68 6123 Group Insurance-Health 10,205.00 6125 Group Insurance-Life 655.57 6127 Medicare 1,023.08 6132 Long Term Disability 45.89 6133 OPEB Contribution 1,980.00 Total 610 PERSONNEL SERVICES 99,742.67 MATERIALS&SUPPLIES 6201 Office Supplies 325.00 6205 Wearing Apparel 300.00 Total 620 MATERIALS&SUPPLIES 625.00 CONTRACTUAL,PROFESSIONAL 6307 Travel/Professional Dev. 2,000.00 6309 Training 2,000.00 6323 Cellular Air Time 750.00 Total 630 CONTRACTUAL,PROFESSIONAL 4,750.00 SUNDRY 6443 Associations 300.00 Total 640 SUNDRY 300.00 Supplement 00534002 Total 105,417.67 Sr.Radio Technician position jointly shared by the cities of Plano,Murphy and Wylie. EXHIBIT "B" RESOLUTION 2009-36-R INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. O .% RESOLUTION NO. 2009-36(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS, AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. 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 cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas, for a Joint Radio Communications System, attached hereto as Exhibit"A". SECTION 2: This Resolution shall take effect immediately upon its passage. DULPY PASSED AND APPROVED by the City Council of the City of Wylie, this the 8th day of December, 2009. Eric Hogue, Ma ATTEST TO: OF 11 Carole Ehrlich CitySecretary --: •��.'!le ' - Y 111!I/ e T • ` 88''tee so 7 , RESOLUTION NO.2009-36(R) Interlocal Cooperative Agreement Joint Communication System 563458-1 AGREEMENT BETWEEN THE CITY OF PLANO,TEXAS, AND THE CITY OF ALLEN,TEXAS,THE CITY OF WYLIE,TEXAS AND THE CITY OF MURPHY,TEXAS FOR JOINT RADIO CONIMUNICATIONS SYSTEM This Agreement is made between the CITY OF PLANO,TEXAS, a home-rule municipal corporation (hereinafter referred to as "Plano"), the CITY OF ALLEN, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Allen"), the CITY OF WYLIE, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Wylie"), and the CITY OF MURPHY, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Murphy") as follows: WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof;and WHEREAS, Plano, Allen, Wylie and Murphy (hereinafter each individually referred to as "Party" and collectively referred to as "Parties") are political subdivisions within the State of Texas and are all engaged in the provision of governmental services for the benefit of their citizens; and WHEREAS, the Parties desire to enter into an interlocal agreement for the use of the Plano/Allen jointly owned radio system pursuant to Chapter 791 of the Texas Government Code (the"Agreement"); and WHEREAS, the Parties have current funds available to satisfy any fees and costs required pursuant to this Agreement. NOW,THEREFORE,the Parties, for and in consideration of the recitals set forth above and terms and conditions below,agree as follows: —I.TERM This Agreement shall be automatically renewed annually for a period of ten(10)years in order to allow each Party the opportunity to recover its investment, unless terminated earlier as provided herein. H. PURPOSE The purpose of this Agreement between Allen and Plano identifies rules for future Infrastructure Members. These rules, along with the terms spelled out in the Plano/Allen ILA attached hereto as Exhibit "A", address Wylie and Murphy's obligations in the jointly owned radio system. The cities of Murphy and Wylie will be exempt from user fees associated with leased airtime on the new radio system.Murphy and Wylie will jointly fund a radio technician as indicated in this document. The cities of Allen and Plano reserve the right to seek additional airtime lease subscribers from other municipal and private agencies within the corporate limits of Wylie and Murphy. The revenue from any such additional subscribers will be held by Plano and Allen and used to support the jointly owned radio system infrastructure. AGREEMENT PAGE 1 c:\documents and settinas\debrae.plano\rnv documents\pawm agreementfinal.doc(5-18-09) M.OBLIGATIONS OF THE PARTIES A. INFRASTRUCTURE The cities of Murphy and Wylie each agree to build a radio communications site in their respective cities. The radio sites will be constructed concurrently with the Plano/Allen sites, according to the specifications identified in the Plano Request for Proposal attached hereto as Plano/RCC Exhibit `B". The estimated completion date is December 2010. Each site will house transmitters and receivers as well as microwave backhaul for the purposes of simulcasting the Plano/Allen joint radio system. The cities of Murphy and Wylie also agree to utilize either a water tower or radio communications tower of sufficient height to facilitate the system operation. Each city also agrees to install the infrastructure equipment in a hardened shelter with either emergency generator backup power along with uninterruptible power supplies (UPS) or battery bank system.The hardened shelter and back-up power system shall also be installed concurrently with the new radio site. Shelter and power specifications will be supplied to the cities by the city of Plano as needed. All equipment purchased by each city will be individually owned and maintained by the purchasing member. B. SUBSCRIBER UNITS-MOBILE AND PORTABLE RADIOS The cities of Murphy and Wylie may utilize any vendor of P-25 compliant radios they choose.The cities of Murphy and Wylie are responsible for all software and hardware required to program these subscriber units should they choose a different manufacturer from the cities of Allen and Plano.Each city is responsible for the service agreement covering its subscriber units. C. JOINTLY FUNDED SYSTEM TECHNICIAN In exchange for waiver of user fees historically charged to each agency for-the use of the Plano/Allen radio system, the cities of Murphy and Wylie agree to each fund one half(Y2) of an additional radio system technician separate from the Plano/Allen technician.The cities of Murphy and Wylie also agree to share equally in the cost of the service vehicle enabling the technician to perform daily tasks. The city of Plano will perform routine maintenance on the jointly funded technicians' vehicle such as oil changes and inspections through the city of Plano's Equipment Services Division. Estimated annual raises for the technician shall not exceed 3% of gross salary allotted for the position. The City of Plano will invoice the cities of Murphy and Wylie annually for the salary of the jointly funded technician. The invoice will include any overtime expenses associated with on-call activities or other radio system related repairs. The function of this technician is to substitute for the cost of a manufacturer's maintenance agreement. The first invoice will begin on October 1, 2010. The technician will perform the duties of system maintenance, alarm monitoring and emergency call-out functions for all members of the jointly owned Plano/Allen radio system.The technician will be stationed at the Plano radio shop and will be dispatched to jobs in a prioritized manner. The technician will be an employee of the City of Plano. Plano shall be responsible for the hiring, supervising and performance evaluation of the technician. AGREEMENT PAGE 2 c:\documents and settinas\debrae.olano\mv documents\nawm aareementfinal.doc(5-18-09) D. PLANO/ALLEN SERVICES The cities of Plano and Allen each currently fund one half(V2) share of a radio technician. This person is responsible for all programming of subscriber radios and basic system maintenance. The city of Plano funds a radio system manager, radio system coordinator and an administrative assistant as well as a 4000 sq. ft. radio shop facility. The Plano/Allen funded system technician and the jointly funded Wylie/Murphy system technician will share on-call duties for the Parties The city of Plano also stocks an emergency communications trailer with crank-up radio tower, an ACU patching device and a cache of two-way radios for emergency use. Infrastructure members shall have access to use these services. E. RADIO SHOP The city of Plano operates a radio shop for the mutual benefit of all users of the radio system.The radio shop provides day-to-day system administration as well as centralized shipping and receiving for all mobile and portable repairs. When radios return from repair,the radio shop verifies their operation and programs the unit as required.The radio shop offers a drive-up service to assist in troubleshooting radio issues in vehicles. F. HOURS OF OPERATION The radio shop is generally open Monday-Friday, from 7 a.m. to 4 p.m. If service is required after hours, the on-call technician will respond. The radio shop will establish an on-call rotation of technicians for the mutual benefit of the Parties. These technicians will be a Plano technician,jointly funded Plano/Allen technician or the Murphy/Wylie funded technician. After hours,responses shall be limited to service affecting system-wide infrastructure or priority-restore items at dispatch centers, fire station alerting, at the sole discretion of the Plano Radio Manager. Mobile and portable service is not available after hours or weekends. IV.PAYMENTS DUE All payments for expenses incurred as a result of the performance of this Agreement shall be made only from current revenues legally available to each respective Party. The City of Plano will invoice Parties for payments due at the beginning of each fiscal year for which payment must be remitted within thirty(30)days of receipt of invoice. The Parties herein recognize that the continuation of any contract after the close of any given fiscal year, which fiscal year ends on September 30th of each year, shall be subject to each Party's City Council approval. In the event that any of the Parties' City Councils do not approve the appropriation of funds for this Agreement, the Agreement shall terminate at the end of the fiscal year for which funds were appropriated and the Parties shall have no further obligations hereunder. V.TERMINATION This Agreement may be terminated upon one (1)-year written notice from the Party seeking termination to the other Parties. AGREEMENT PAGE 3 rArInri imantc and sattinns\dehrae.niann\mv documentsloawm aareementfinal.doc(5-18-091 The Party terminating this Agreement shall reimburse the remaining Parties for reconfiguring of the system, including, but not limited to microwave realignment and licensing fees. No refund shall be given for the technician's salary for the year. VI. DISPUTE RESOLUTION In the event of a dispute regarding any aspect of this Agreement,the dispute shall be sent first to the Coordinating Committee for resolution and the Coordinating Committee shall act as mediator. If the Coordinating Committee is unable to agree on a resolution,then the dispute shall be referred to a joint meeting of the City Managers of each of the Parties.If the dispute continues to remain unresolved after this process, the Parties shall refer the dispute to outside non-binding mediation for resolution prior to engaging in litigation. All Parties shall share equally in the cost of a certified mediator and each Party shall be responsible for their own attorney fees. VII. GOVERNMENTAL FUNCTION The Parties have determined by their execution of this Agreement that this Agreement and the obligations of the Parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation Act, and participation in this Agreement by one Party shall not be construed as creating any kind of agency relationship, partnership, or joint enterprise between the Parties. VIII.RELEASE AND HOLD HARMLESS TO THE EXTENT PERMITTED BY LAW,EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST, TO RELEASE, AND TO HOLD HARMLESS THE OTHER PARTY AND ITS RESPECTIVE OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, LOSSES, DAMAGES, ATTORNEYS FEES, INCLUDING ALL EXPENSES OF LITIGATION OR SETTLEMENT, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OR INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN THE EVENT THAT A CLAIM IS FILED, EACH PARTY SHALL BE RESPONSIBLE FOR ITS PROPORTIONATE SHARE OF LIABILITY. ALLEN, WYLIE AND MURPHY AGREE TO WAIVE ALL CLAIMS AGAINST AND HOLD HARMLESS PLANO AND ALLEN IN THE EVENT OF EARLY TERMINATION OF THE AGREEMENT. IX.IMMUNITY In the execution of this Agreement, none of the Parties waive, nor shall be deemed hereby to have waived any immunity or any legal or equitable defense otherwise available against claims arising in the exercise of 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, and this Agreement does not create any rights in parties who are not signatories to this Agreement. AGREEMENT PAGE 4 cAdecuments and settings\debrae.olano\mv documents\oawm aoreementfinal.doc(5-1&09) X.ASSIGNMENT AND SUBLETTING Wylie and Murphy agree to retain control and to give full attention to the fulfillment of this Agreement, that this Agreement will not be assigned or sublet without the prior written consent of the Parties, and that no part or feature of the work will be sublet to anyone objectionable to the Parties. Wylie and Murphy further agree that the performance of this Agreement shall not relieve Wylie and Murphy from its full obligations to Plano and Allen as provided by this Agreement. XI.ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Plano, Allen, Wylie and Murphy and supersedes all prior negotiations, representations and/or agreements, either written or oral between Plano/Allen and Wylie/Murphy. This Agreement may be amended only by written instrument signed by Plano,Allen and Wylie and Murphy. XII.NOTICES Unless notified otherwise in writing, all notices are required to be given to either Party in writing and delivered in person or send via certified mail to the other Party at the following respective addresses: Plano Representative: Allen Representative: CITY OF PLANO CITY OF ALLEN Director of Public Safety Chief of Police Communications Allen Police Department 1520 K Avenue, Suite 010 205 W.McDermott Plano,Texas 75074 Allen,Texas 75013 (972)941-7930 (214)509-4200 Wylie Representative Murphy Representative CITY OF WYLIE CITY OF MURPHY 2000 Hwy. 78 North 206 N.Murphy Road Wylie,Texas 75098 Murphy,Texas 75094 XIII.AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officers and/or agents of the Parties hereto are the properly authorized officials or representatives and have the necessary authority to execute this Agreement on behalf of the Parties hereto. XI V.SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either Party may terminate this Agreement by giving the other party thirty (30) days written notice. AGREEMENT PAGE 5 c•Wnniimrant¢and sattinnaldwhraa nlannlmv dnnimantalnawm anreementfinal dnc15-1A-091 XV.VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. The Parties agree that this Agreement shall be enforceable in Collin County, Texas, and if legal and necessary, exclusive venue shall lie in Collin County,Texas. XVI.INTERPRETATION OF AGREEMENT Although this Agreement is drafted by Plano, this is a negotiated document. Should any part of this Agreement be in dispute,the Parties agree that the Agreement shall not be constructed more favorably for any of the Parties. XVII.REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one (1) or more instances of forbearance by either Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XVIII.SUCCESSORS AND ASSIGNS The Parties each bind themselves, their respective successors, executors, administrators, and assigns to the other Party to this contract. Neither Party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other Party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of all Parties. EXECUTED on the dates indicated below: CITY OF ALLEN,TEXAS DATE Nt.3i\ q BY:•St j& �`,,bt(.Pit bcrS bid tl'1 uti yA Peter H.Vargas City Manager APPROVED AS O FORM: �ra(L P er G. th,Ci Attorney AGREEMENT PAGE 6 rArinrjimwntn and aattinnaWahraa nlann\mv dnrjimantc\nawm anraamAntfinal rinrJ5-1R-OM CITY OF WYLIE,TEXAS DATE ,a 67 BY: A i WIl�k - a Mindy Mans City Manager APPROVED AS TO FORM: Courtney Ku end all CITY OF MURPHY,TEXAS DATE Dec. At Zoe 1 B , � ApirAi.. . . es Fish 14111.111P- ity Manager APPROVED AS TO FORM: #,j(17. Be..n•effi m. wyse CITY OF PLANO,TEXAS DATE 1'2/3 J 9 B • Thomas H.Mue enbeck City Manager PROVED S TO FORM: r 1/(1041 NAY\'C) > . letherbee,City Attorney \.„ .. AGREEMENT PAGE 7 rAdnri'manta and sattinns\dahrae nlann my doc uments\nawm aoreementfinaLdocl5-18-091 ACKNOWLEDGMENTS STATE OF TEXAS § § +ask. COUNTY OF COLLIN § This instrument was aciaiow ged before me on the c _\Clay of 20p % by , City Manager for the City of Allen, Texas, a home-rule municipal corporation,on behalf of such municipal corporation. A,031, Notary Public, State of Texas SARAH E.AWEN STATE OF TEXAS § (rey,,„ Nay l ,State°limas MyC,mnndslon Expires 11-21.2010 COUNTY OF COLLIN § This instrument was acknowledged before me on the.k.c lay of , 20 pal, by MINDY MANSON, City Manager for the City of Wylie, Texas, a home-rule municipal corporation, on behalf of such municipal corporation. A Ctrs No ry Utihlio Ctats+of Tt yac SARAH E.MIEN STATE OF TEXAS § Why Public,State of Texas § • My CommIslon Expres 11-21.2010 COUNTY OF-COLLIN- This instrument was acknowledged before me on the 73,\ iay of 4 , 20 CP1, by JAMES FISHER, City Manager for the City of Murphy, Texas, a home-rule municipal corporation,on behalf of such municipal corporation. _.gam Nor„y u.hln� Gets.of TPYac STATE OF TEXAS § SARAH EAIIEN No*Plc,State of Texas COUNTY OF COLLIN § My Commission Expires 11.21.2010 This instrument was acknowledged before me on the p1✓9 day of2D� 0.1 20_, by THOMAS H. MUEHLENBECK, City Manager of the City of Plano, Texas, a home-rule municipal corporation,on behalf of such municipal corporation. Camstate sireT10`A1 11(41‘ 1/- Notary Public, State of Texas AGREEMENT PAGE 8 c:\documents and settings\debrae.plano\my documents\pawn agreementfinal.doc(5-18-09) iLt/1 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: December 11, 2012 Item Number: M. Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: November 21, 2012 Budgeted Amount: Exhibits: Mutual Aid Agreement Subject Consider and act upon approval of Resolution No. 2012-43(R) approving an Interlocal Agreement between the City of Wylie and Dallas County for Mutual Aid. Recommendation A motion to approve Resolution No 2012-43(R) approving an Interlocal Agreement between the City of Wylie and Dallas County for Mutual Aid. Discussion Wylie currently has county-wide mutual aid agreements here in Collin County, but due to the fact that we are on the southern border of the County, some of our neighbors are not covered by the Collin County agreement. For efficiency and to be sure all legal matters are covered, the City Council is being asked to authorize the City Manager to sign this agreement on behalf of the City of Wylie. The agreement is a standard one for the industry, in that mutual aid is given and received upon request and the availability of the resources by the sending City. While operating in another jurisdiction, any damage to equipment or injury to personnel is handled just as if it had occurred in the home City, with no payment or restitution expected from the City requesting mutual aid. There are also provisions in the agreement so that if the incident turns into a State- or Federal- declared disaster, costs can be billed for reimbursement at that level for services rendered after the first 24 hours. Approved By Initial Date Department Director GRC November 21, 2012 City Manager Page 1 of 1 STATE OF TEXAS § § AGREEMENT FOR MUTUAL AID COUNTY OF DALLAS § This Mutual Aid Agreement ("Agreement") is entered into by and between the undersigned Participating Local Governments of the State of Texas acting by and through their duly authorized officials. The undersigned Participating Local Governments and any and all other Participating Local Governments of the State of Texas adopting this Agreement upon a formal order of their respective governing bodies as provided herein may be referred to in this Agreement individually as "Party" and collectively as "Parties". RECITALS: WHEREAS, the Parties recognize the vulnerability of the people and communities located within the counties and political subdivisions to damage, injury, and loss of life and property resulting from emergencies, disasters and/or civil emergencies and recognize that such incidents may present equipment and personnel requirements beyond the capacity of each individual Party; and WHEREAS, the Parties to this Agreement recognize that Mutual Aid has been provided in the past and have determined that it is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of emergencies; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the event of an Emergency, Disaster and/or Civil Emergency; and WHEREAS, the Parties wish to make suitable arrangements to provide Mutual Aid in response to emergencies, disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to Texas Government Code Chapter 791 ("Interlocal Cooperation Act"); Texas Government Code Chapter 418; and, Texas Statewide Mutual Aid System of the Emergency Management Chapter, also known as the Texas Disaster Act of 1975; WHEREAS, the Parties recognize that this Agreement would allow for better coordination of effort between the Parties, would provide that adequate equipment and personnel are available, and would help ensure that Mutual Aid is accomplished in the minimum time possible in the event of an Emergency, Disaster or Civil Emergency and thus desire to enter into this Agreement to provide Mutual Aid; and WHEREAS, it is expressly understood that any Mutual Aid extended under this Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other applicable provisions of law and, except as otherwise provided by law, that the responsible local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him/her through the operation of such Mutual Aid plans; AGREEMENT FOR MUTUAL AID-PAGE 1 NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Definitions As used throughout this Agreement, the following terms listed below will have the following meanings: Agreement shall mean this Agreement for Mutual Aid. Civil Emergency shall mean any natural or manmade disaster or emergency that causes or could cause substantial harm to the population or infrastructure. This term can include a "major disaster" or "emergency" as those terms are defined in the Stafford Act, as amended, as well as consequences of an attack or a national security emergency. Where federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. Fire Chief shall mean the Fire Chief, or his/her designee. Disaster shall mean the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, hostile military or paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas Government Code), acts of terrorism, and other public calamity requiring emergency action. Emergency shall mean any occurrence, or threat thereof, which results in substantial injury or harm to the population, or damage to or loss of property. Mutual Aid shall mean, but is not limited to, such resources as facilities, equipment, services, supplies, and personnel. Mutual Aid Master Plan shall mean a written operational plan approved by the Dallas County Fire Chiefs to establish predetermined assignments for participating agencies for emergency responses and nonemergency responses to provide fill-ins. NIMS (National Incident Management System) shall mean a system designed to enable effective and efficient domestic incident management by integrating a combination of facilities, equipment, personnel, procedures and communications operating within a common organization structure, designed to enable effective and efficient domestic incident management. Under NIMS is ICS (Incident Command System). AGREEMENT FOR MUTUAL AID-PAGE 2 Operational Period shall mean a period of time beginning at the time of the request for Mutual Aid and lasting for twenty-four (24)hours. Party or Parties shall mean the local governmental entity(ies) that are signatories to and have agreed to adopt this Mutual Aid Agreement. Responding Local Government Entity (Responding Party) means a local governmental entity providing mutual aid assistance in response to a request under this Agreement, i.e. furnishing equipment, supplies, facilities, services and/or personnel to the Requesting Party. Requesting Local Government Entity (Requesting Party) shall mean a local governmental entity requesting mutual aid assistance under this Agreement for emergency work resulting from a fire, Emergency, Civil Emergency or Disaster within its legal jurisdiction. Article II Term This Agreement shall become effective as to each Party on date of adoption as indicated on the signature page for each Party and shall continue in force and remain binding on each and every Party for twelve (12) months from the effective date. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term unless and until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Article IV of this Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between and among the remaining Parties. Article III Participation by additional Local Government Entities Any local government entity may participate in the Agreement with the approval of the Dallas County Fire Chiefs Association as recommended by the Mutual Aid Committee. Each participating local government entity will be required to approve and agree to the terms and conditions of this Agreement. The participation of additional participating local government entities shall not require the approval of other participating local government entities. Article IV Termination Any Party may at any time by resolution or notice given to all the other Parties decline to participate in the provision of Mutual Aid. The governing body of a Party shall, by resolution, give notice of termination of participation in this Agreement and submit a certified copy of such resolution to all other Parties. Such termination shall become effective not earlier than thirty (30) days after the filing of such notice. The termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. AGREEMENT FOR MUTUAL AID-PAGE 3 Article V Activation of Agreement 5.1 The request for assistance under this Agreement may be activated by a determination by the Fire Chief of the Party having jurisdiction that the incident, Emergency, Disaster or imminent threat of an Emergency or Disaster is such that local capabilities are or are predicted to be exceeded. 5.2 The request for assistance under this Agreement shall continue, whether or not a local Disaster declaration or state of Civil Emergency is active, until the services of the Responding Party are no longer required or the Responding Party determines that its resources are needed within its own jurisdiction and officially recalled. Article VI Procedures for Requests and Provision of Mutual Aid 6.1 Methods of Requesting Mutual Aid. The Fire Chief of the Requesting Party may request Mutual Aid assistance under this Agreement by one of the three following methods: (1) Orally communicating a request for Mutual Aid under this Agreement to Dallas Fire Rescue Communications as specified in the Mutual Aid Master Plan; (2) Orally communicating a direct request for Mutual Aid to a Party using established local written procedures; or, (3) Orally communicating a direct request for Mutual Aid to any Party. 6.2 Criteria for Requesting Mutual Aid. Mutual Aid shall not be requested by a Party unless it is directly related to the Emergency, Disaster or Civil Emergency and resources available from the normal responding agencies are deemed to be inadequate, or are predicted to be expended prior to resolution of the situation. All requests for Mutual Aid must be transmitted by the Fire Chief of the Requesting Party. 6.3 Mutual Aid Service Functions. The types of Mutual Aid emergency service functions that may be requested under this Agreement include, but are not limited to, fire, search and rescue, fire inspection, fire engineer services, emergency communications, arson and fire investigation, planning and information assistance, mass care, special rescue, hazardous materials, explosive ordinance disposal, command and control, resource support, emergency medical services, mass casualty, health and other medical services. 6.4 Assessment of Availability of Resources and Ability to Render Assistance. When contacted by a Requesting Party, the Fire Chief of the Responding Party agrees to assess local resources to determine availability of personnel, equipment and other assistance based on current or anticipated needs. All Parties shall render assistance to the extent personnel, equipment and resources are deemed available. No Party shall be required to provide Mutual Aid unless it AGREEMENT FOR MUTUAL AID-PAGE 4 determines that it has sufficient resources to do so, based on current or anticipated events within its own jurisdiction. 6.5 Supervision and Control. When providing assistance under the terms of this agreement, the personnel, equipment, and resources of any Responding Party will be under the operational control of the Requesting Party. These response operations shall be NIMS (National Incident Management System) compliant as well as being organized and functioning within an Incident Command System (ICS), Unified Command System (UCS). Direct supervision and control of personnel, equipment and resources and personnel accountability shall remain with the designated supervisory personnel of the Responding Party. The designated supervisory personnel of the Responding Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Responding Party; and, shall report work progress to the Requesting Party. The Responding Party's personnel and other resources shall remain subject to recall by the Responding Party at any time, subject to reasonable notice to the Requesting Party. 6.6 Food, Housing and Self-Sufficiency. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Responding Party from the time of their arrival at the designated location to the time of their arrival back at the responding party's home department. However, Responding Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the Emergency or Disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. 6.7 Communications. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Responding Party and the Requesting Party. Responding Party personnel should be prepared to furnish their own communications equipment sufficient only to maintain communications among their respective operating units, if it is practicable. 6.8 Rights and Privileges. Personnel who are assigned, designated or ordered by proper authority to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits, disability payments, and workers' compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. Moreover, all medical expenses, wage and disability payments, pension payments, damage to equipment and clothing shall be paid by the Participating Local Government in which the employee in question is regularly employed. 6.9 Duration of Deployment. The Responding Party shall be released by the Requesting Party when the services of the Responding Party are no longer required or when the Fire Chief of the Responding Party determines, in his/her sole discretion, that further assistance should not be provided. 6.10 Common Jurisdictional Boundaries. In areas where common jurisdictional boundaries exist, it is understood that accurate determination of jurisdiction may not be possible AGREEMENT FOR MUTUAL AID-PAGE 5 upon receipt of the alarm. In such cases, it is deemed appropriate and in the best interest of the . public for the entity receiving the alarm to dispatch its forces and render aid at the scene of the emergency until an accurate determination of jurisdictional responsibility can be made and if the outside responding entity is properly relieved by the entity having jurisdiction. Under the conditions described in this Section, the terms and condition of this Agreement shall be in effect just as though a request for Mutual Aid had been initiated. Article VII Cost Limitation A Requesting Party shall not be required to reimburse a Responding Party for costs incurred during the first Operational Period as defined in Article I of this Agreement. A Requesting Party shall be required to reimburse a Responding Party for costs incurred after the first Operational Period. Article VIII Insurance 8.1 Workers' Compensation Coverage. Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. 8.2 Automobile Liability Coverage. Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. 8.3 Liability. To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing Mutual Aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each Party agrees to obtain general liability and public official's liability insurance, if applicable, or maintain a comparable self-insurance program. 8.4 Other Coverage: The Responding Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. Article IX Waiver of Claims Against Parties; Immunity Retained Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage,personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of AGREEMENT FOR MUTUAL AID-PAGE 6 itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. Article X Expending Funds Each Party that performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. Article XI Miscellaneous 11.1 Entirety: This Agreement contains all commitments and agreements of the Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with an Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the Parties with respect to Mutual Aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 11.2 below. 11.2 Other Mutual Aid Agreements. This Agreement is not intended to replace local mutual aid agreements and local jurisdictions are encouraged to develop local agreements with each other for Mutual Aid in emergency, disaster and/or civil emergency situations and it is agreed that, to the extent there is a conflict between this Agreement and any other such Mutual Aid agreement, the provisions of this Agreement shall be superior to any such individual or previously adopted Mutual Aid Agreement(s) or contract(s). 11.3 Interlocal Cooperation Act. The Parties agree that Mutual Aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as that term is defined herein and in the Interlocal Cooperation Act, Texas Government Code Chapter 791. 11.4 Severability. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 11.5 Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified,this Agreement shall continue in full force and effect. 11.6 Amendment. This Agreement may be amended only by the mutual written consent of the Parties. AGREEMENT FOR MUTUAL AID-PAGE 7 11.7 Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. 11.8 Notice. Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Fire Chief, and shall be delivered in person, or certified mail, return receipt requested, or may be transmitted by facsimile (fax)transmission. 11.9 Governing Law and Venue. The laws of the State of Texas shall govern this Agreement. In the event of an Emergency or Disaster physically occurring within the geographical limits of only one county that is a Party hereto,venue shall lie in the county in which the Emergency or Disaster occurred. In the event of an Emergency or Disaster physically occurring in more than one county that is a Party hereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. 11.10 Headings. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. 11.11 Signatories. The City of Dallas shall be the official repository of original signature pages of the Parties to this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain a copy of its own originally signed document with an additional individual signature page from that City to be filed with the City of Dallas under this Agreement. (Signature pages to follow) AGREEMENT FOR MUTUAL AID-PAGE 8 EXECUTED this day of , 201_ City of , Texas By: Printed Name: Title: AGREEMENT FOR MUTUAL AID-PAGE 9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2012 Item Number: N. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: November 29, 2012 Budgeted Amount: Exhibits: Resolution Subject Consider and act upon adoption of Resolution 2012-44; determining a public necessity to acquire certain property for public use by eminent domain for the purpose of, among other things, right-of-way (in fee simple) for the construction, access, repair, maintenance and replacement of the Woodbridge Parkway Project; giving notice of an official determination to acquire property for said right-of-way; authorizing the City Manager to establish procedures for acquiring the right-of-way on said property, offering to acquire the right-of-way voluntarily from the landowner(s) through the making of bona fide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date; said property located at 932 Hooper Road, 101 Hensley Road, 102 Hensley Lane, and Abstract No. 835, Tract 17. Recommendation Motion that the City of Wylie, Texas, City Council adopt the Resolution described in Agenda Item # N, authorizing the use of the power of eminent domain to acquire for public use the right-of-way (in fee simple) on the property described by metes and bounds and attached as Exhibits "1"—"4" to said Resolution, said descriptions being incorporated into this motion for all purposes, for the construction, access, repair, maintenance and replacement of the Woodbridge Parkway Project. Discussion In April, an Interlocal Agreement was approved with the City of Sachse and Collin County for the construction of the Woodbridge Parkway Improvements. Construction plans are nearing completion and four parcels of right of way necessary for the project has been identified. Staff is working on an agreement with TranSystems for the acquisition of the right of way. Approval of the resolution will allow the city manager to proceed with acquiring the parcels. Approved By Initial Date Department Director CH 11/26//12 City Manager Page 1 RESOLUTION NO. 2012-44(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHT-OF-WAY (IN FEE SIMPLE) FOR THE CONSTRUCTION, ACCESS AND MAINTENANCE OF AND/OR IMPROVEMENTS TO THE WOODBRIDGE PARKWAY PROJECT; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHT-OF-WAY (IN FEE SIMPLE) FOR THE WOODBRIDGE PARKWAY PROJECT; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTIES, OFFERING TO ACQUIRE THE RIGHT OF WAY (IN FEE SIMPLE) VOLUNTARILY FROM THE LANDOWNERS THROUGH THE MAKING OF BONA FIDE OFFERS; APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSESAND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for the acquisition, by eminent domain, of right of way (in fee simple) ("ROW") on the properties described in Exhibits "1" — "4", attached hereto and incorporated herein for all purposes ("Properties"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire the necessary ROW on the Properties for the purpose of, among other things, the construction, access, repair, maintenance and replacement of public facilities, specifically, the ROW for the construction of and/or improvements to Woodbridge Parkway (hereinafter referred to as the "Project") for the purposes of, among other things, paving and drainage improvements; and WHEREAS, the City Council has investigated and determined that the Project is necessary for public use; and WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the ROW to be acquired by eminent domain for the Project; and WHEREAS, there may be improvements located on some of the Properties acquired for this Project and such improvements may be required to be moved prior to the beginning of this Project; and Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 1 618932.1 WHEREAS, the City Manager, or her designee, ("City Manager") is required to make a bona fide offer, as defined by and in compliance with §21.0113, Texas Property Code, (individually and collectively, "Bona Fide Offer(s)") to acquire the ROW on the Properties for public use voluntarily from the subject landowners prior to moving forward with acquisition by eminent domain; and WHEREAS, the City Council has investigated and determined that the passage of this Resolution complies with S.B. 18, enacted by the 82nd Legislature, which became effective on September 1, 2011. 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: Acquisition of Properties. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition,by eminent domain, of the ROW on the Properties, and it is Wylie's intent to acquire the ROW for public use as more specifically described in and depicted on Exhibits "1" — "4", attached hereto, specifically for the purpose of, among other things, the construction, access, repair, maintenance and replacement of the Project. SECTION 3: Authority of the City Manager/Bona Fide Offer. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with the acquisition of the ROW on the Properties for the construction of, access to, repair of, maintenance of, replacements of and/or improvements to the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the ROW on the Properties. To this end, the City Manager shall first make a Bona Fide Offer to acquire the ROW on the Properties from the subject landowners voluntarily. Should the landowners fail to provide the ROW voluntarily through said Bona Fide Offer, the City Manager is authorized to move forward with acquiring the ROW on the Properties by eminent domain. SECTION 4: Determination of Just Compensation. The City Manager is hereby authorized and directed to examine and rely on the independent appraisal reports, and other Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 2 618932.1 information, to make a determination as to the establishment and approval of a fair market value offer and the just compensation for the ROW on the Properties for the purpose of making Bona Fide Offers. After consideration of said information, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the ROW, and shall have the authority to execute any and all documents necessary to complete the acquisition of same. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the ROW on the Properties, the City Manager, or her designee, is authorized to send written Bona Fide Offers to the landowner(s) of said Properties for acquisition of said ROW at the full amount determined and established to be just compensation for each parcel, and to negotiate with said owner(s) on behalf of Wylie to acquire the ROW voluntarily from said landowners. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire each of the ROW on the Properties needed for the Project, on behalf of Wylie, whether by purchase or eminent domain. The City Council hereby ratifies any documents executed, prior to the effective date of this Resolution, by the City Manager which were necessary for the acquisition of any ROW on the Properties for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the ROW acquired in connection with this Project, should they interfere with use and enjoyment of said ROW. SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to acquire the ROW voluntarily from the landowners through the making of Bona Fide Offers, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd, & Joplin, P.C. to commence eminent domain proceedings for the acquisition of the ROW on the Properties for the Project. SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the ROW on the Properties for the Project will be appropriated from any lawful source. SECTION 10: Savings/Repealing Clause. All provisions of any resolution in conflict with this Resolution are hereby repealed; but such repeal shall not abate any pending matters of the repealed resolution. Any remaining portions of conflicting resolutions shall remain in full force an effect. Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 3 618932.1 SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional 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. Wylie hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11`h day of December, 2012. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd&Joplin, P.C. Courtney A. Kuykendall, City Attorneys DATE(S)OF PUBLICATION: Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 4 618932.1 Exhibit"1" (following 2 pages) Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 5 618932.1 RIGHT-OF-WAY DEDICATION W.SACHSE SURVEY,ABSTRACT NO.835 CITY OF WYLIE,COLLIN COUNTY,TEXAS BEING a tract of land situated in the W. Sachse Survey, Abstract No. 835, City of Wylie. Collin County, Texas and being part of a tract of land described in General Warranty Deed to Timothy Johnson recorded in Clerk's File No.97-0066824 of the Land Records of Collin County.Texas and being more particularly described as follows: BEGINNING at a 5/8'iron rod with"KHA'cap set for corner in the existing west right-of-way line of Hooper Road (a variable width right-of-way)at the northeast corner of said Johnson tract; THENCE with said existing west right-of-way line. South 0'09'47" West. a distance of 91.65 feet to a 5/8"iror rod with"KHA'cap set in the proposed west right-of-way line of Hooper Road at the beginning of a non-tangent curve to the right having a central angle of 5'39'11", a radius of 934.50 feet, a chord bearing and distance o' North 5'59'14"East.92.16 feet; THENCE in a northeasterly direction,departing the said existing west right-of-way line,with sad proposed west right-of-way line and with said curve to the nght,ar arc distance of 92.20 feet to a 5/8"iron rod with"KHA"cap set for corner in the north line of said Johnson tract at the end of said curve; THENCE with the said north line of the Johnson tract. South 89'56'00" East, a distance of 9.87 feet to tie POINT OF BEGINNING and containing 1.706 square feet or 0.039 acres of land. Bearing system for this survey is based on a bearing of South 00°00'00"East,for the east line of Lot 30.Block L. Woodbridge, Phase 8, according to the plat recorded in Cabinet O. Page 455. Map Records of Collin County. Texas. _cEOF .. 'gyp:•`" STD DANA BROWN - 1 53• ..�,•; �� Kimley-Horn ..O *yr and Associates,Inc. DANA BROWN #9 '•' SSY4•/O U �•\v 15Hasi�l,O.ISM! KC* REGISTERED PROFESSIONAL '. S R.E' �I IV.itz pwn M 1.=L2 LAND SURVEYOR NO.5336 Na su oAo sePI.vu fAPJ5t127 <Or PLOTTFOflr X)NLS.SIL"'ANIE 9,27201216,5 AN MG 'OA SURVEYx635M127.W000BRIOGF PARNWAVOwi.5564127%O0'1'.'.')Gr RCM JOIINS(R1.f)WG VAST SAVTO Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 6 618932.1 RIGHT-OF-WAY DEDICATION W.SACHSE SURVEY,ABSTRACT NO.835 N CITY OF WYLIE, COLLIN COUNTY,TEXAS 1 I I 055ACRES _ 1 ,�/ =n COLLIN COUNTY Ill rr C VOL 1577,PG.389 J I L.R.C.C.T. i I 1 1 1 I S P.O.B. -\11 I 60 WOODBRIDGE NORTH I I COMMERCIAL I LTD S89'56'00"E GRAPHK.SCALE IN FEET INST NO.20071004001372090 9 87, L.R.C.C.T. 1 A=5'39'11" I — CITY OF WYLIE R=934.53' INST.NO.20070905010003090 L=92.20' L.R.C.C.T. CB=N5.59'141N A VOL.2007,PG.461 C=92.16' M.R.C.C.T. RIGHT-OF-WAY ' I DEDICATION 0.012 ACRES I I LOT 1.BLOCK A 522 SQ. FT. , RAYMOND COOPER -I JUNIOR H.GH SCHOOL INST.NO.20070905010003090 TIMOTHY JOHNSON 0.109 ACRES - • L.R C.C.T. C.F.NO.97-0066824 COLUIN COUNTY I I VOL 037 CPT.461 L.R.C.C.T. VOL.1577.PG.398 L R.C.C.T. I I I I WYLIE INDEPENDENT 1.136ACRES -----.------._. _ COLLIN COUNTY _ SCHOOL DISTRICT VOL.1577,PG.401 < I VOL.5933,PAGE 00331 L.R.C.C.T. O O L.R C.C.T. NOTES LL x ci o O = 1 Bearing system for this survey is based on a g I t I bearing of South 00°00'00'East,for the east I U J 3 g Iine of Lot 30,Block L.Woodbridge,Phase 8. I a--- I is y I according to the plat recorded in Cabinet O, 0° I . a I Page 455, Map Records o` Collin County, O Texas. 1�+ 2. Ali property corners are 518" ,ron rods with = E D "K1IA'cap set unless otherwise noted. in y w w ut I 100.14 ACRES I J I I NORTH TEXAS MUNICIPAL WATER DISTRICT I I VOL.1300,PG.809 L.R.C.C.T. S88'05'34'E 1D•IRE_ 140968' '`'NI LEGEND ''T'Rr-I HENSLEY LANE rc N l (55'R.O W.i P.O.B.=POINT OF BEGINNING IRF=IRON ROD FOUND C.M.=CONTROLLING MONUMENT con Kimley-Horn D.R.C.C.T.=DEED RECORDS OF COLLIN COUNTY.TEXAS and Associates,Inc. L.R.C.C.T.=DEED RECORDS OF COLLIN COUNTY,TEXAS 1275.2 Mom Dnw.Subs•w0 r.No;1..72177i.1370 O.P.R.C.C.T.=OFFICIAL PUBLIC RECORDS,COLLIN am..T,..,yet E.,IN.(972)738.3 70 COUNTY,TEXAS W. g SliratL22. 0.B w rarr sr1..k ar 1'•A SL DM SEPT.2312 C63364127 2 OF 2 PLOTTE-0BY.RNIS.STEPHANIE 9272012:021 AN DWG NAME K•OAL S61uVFVY63564,:7'f,OODEIRD GE PARK'NAYIDWG0,:•)•44127 WOODBPoOGE ROW JOHNSON ON'.,LAST SAVED Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 7 618932.1 Exhibit"2" (following 3 pages) Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 8 618932.1 RIGHT-OF-WAY DEDICATION H.J. HARDIN SURVEY,ABSTRACT NO 438 CITY OF WYLIE,COLLIN COUNTY.TEXAS BEING a tract of land situated in the H J. Hardin Survey. Abstract No. 438. City of Wylie, Collin County, Texas and being part of a tract of:and described as Tract 1 in Warranty Deed to Wayne Rich recorded in Volume 1730, Page 888 of the Land Records of Collin County,Texas and being more particularly described as follows BEGINNING at a 5/8"iron rod with"KHA"cap set for corner at the intersection of the south right-of-way line of Hensley Lane (a 55-foot wide right-of-way) and the existing east right-of-way line of Hooper Road (a variable width right-of-way);said point being the northwest corner of said Tract 1 THENCE with said south right-of-way line and the north line of said Tract 1, South 87°53'54" East.a distance of 73.78 feet to a 5/8"iron rod with"KHA"cap set for corner at the intersection of the said south right-of-way line of Hensley Lane with the proposed east right-of-way line of Hooper Road• THENCE departing the said south right-of-way line and the said north line o`Tract 1 and with the proposed east line of Hooper Road•the following courses and distances. South 0°00'00" East. a distance of 39.65 feet to a 5/8" iron rod with ''KHA' cap set at the beginning of a tangent curve :o the :eft having a central angle of 8°15'31". a rad us of 846 50 feet, a chord bearing and distance of South 4'07'45"East, 121 91 feet, In a southeasterly direction,with said curve to the left, an arc distance of 122.01 feet to a 5/8"iron rod with "KHA"cap set at the beginning of a reverse curve to the right having a central ang a of 8°11'04", a racius of 922.50 feet,a chord bearing and distance of South 4'09'59"East. 131.66 feet. In a southeasterly direction, with said curve to the right, an arc distance of 131 77 feet to a 5/8- iron rod with"KHA"cap set at the end of said curve, South 0°35'20" East. a distance of 476 06 feet to a 5/8" iron rod with"KHA" cap set at the beginning of a tangent curve to the left having a central angle of 6'24'01", a radius of 846 50 feet. a chord bearing and distance of South 3°47'21"East,94.51 feet; In a southeasterly direction, with said curve to the left,an arc distance of 94 56 fee:to a 5/8"iron rod with "KHA"cap set at the beginning of a reverse curve to the right having a central ange o'6°55'33", a radius of 910.50 feet,a chord beanng and distance of South 3°31'34"East, 1C9 99 feet: In a southeasterly direction, with said curve to the right, an arc distance of 110 06 feet to a 5/8" iron -od with"KHA"cap set at the end of sad curve; South 0°03'48"East,a distance o'150 00 feet to a 5/8"iron rod with"KHA"cap set for corner in the south line of said Tract 1. THENCE with the said south line of Tract 1. North 89'17'40" West a distance of 110.52 feet to a 5/8" iron rod with"KHA"cap set for corner in the said existing east right-of-way line of Hooper Road at the southwest corner of said Tract 1, THENCE with the said existing east right-of-way line of Hooper Road and the west line of said Tract 1, North 0°01'06"East, a distance of 1124.02 feet to the POINT OF BEGINNING and containing 2.452 acres or 106.830 square feet of land. Bearing system for this survey is based en a bearing of South 00°00'00"East.for the east line of Lot 30. Block L, Woodbridge Phase 8. according to the pl. •corded in Cabinet O. Page 455, Map Records of Collin County, Texas OS F • ' ANA BROWN 5336 Erin Kimley-Horn . / and Associates,Inc. DANA BROWN '• f ESs-$\�a•'p +2+w r�.m D+..S�.+.+x O 1 c •-Be i ' C-+wo y Or.i.4.7525+ ..We rl7212JCaMB REGISTEREDPROF S U R v Y' i` g sic as s ? . LAND SURVEYOR RVEYOR NE SSIONAL.5336 to.. Milkvia SJ + +v7 +DI o PLOTTED BY EDDIES STEP•IANIE S•27R012102S MI DWG K\OA&SURVEVVX3564127•WOODB4OGE PARKWAYOV.G•C 3w4.27 ::pBRIUc,! +'.. .,,..;LAST SAVED Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 9 618932.1 RIGHT-OF-WAY DEDICATION H.J. HARDIN SURVEY,ABSTRACT NO.438 N CITY OF WYLIE, COLLIN COUNTY,TEXAS W van E I I I LOT 1,BLOCK A WYLIE INDEPENDENT SCHOOL DISTRICT RAYMOND COOPER VOL 5933.PAGE 331 I I 1 JUN IO R HIGH SCHOOL LRCCT S INST NO 20070905010003090 CITY OF WYLIE m> I O P R C C T INST NO 20070905010003090 0 30 60 2, VOL 2007,PG.461 LRCCT. �— U w czi se M R C C T. VOL 2007,PG 461 ,�� str _ _ MRCCT — GRAPHIC SCALE PI iF:.1 u.m ,rr IRc S87°53'54"E i�1 J Q�;c u 1 73 78' S88' 34 = 1?•661.4) T / 1409o5'68' IC u) P.O.B. HENSLEY LANE LK PEGUES SURVEY ABSTRACT NO.703 I \-- . ._ (55'R.G.W.) —H.J.HARDIN SURVEY -- 0 109 ACRES _ _ ABSSRACT NO 438 COLLIN COUNTY O VOL 1577.PG 398 .....1 F LRCCT o SO°00'00"E O 39.65' z I CO. 0 0 10014ACRES I v \=8°15'31" D: R=846.50' NORTH TEXAS MUNICIPAL WATER DISTRICT i.i L=122.01' VOL 1300.PG 809 CB=S4°07'45"E LRCCT I � C=121.91' I w TRACT 1 WAYNE RICH o VOL 1730.PG 888 o L R C.0 T. . o Z NOTES I o- RIGHT-OF-WAY Bearingsystem for the surveyQo DEDICATION Y is based �,ce A=8°11'04" on a bearing of South 00'00'00"East,for Olz 2.452 ACRES R=922 50' the east line of Lot 30 Block L Woodbridge. Phase 8. according to the Cr S 106,830 SQ. FT. L=13t77' plat recorded in Cabinet 0, Page 455, LL1 w CB=S4°09'59"E Map Records of Collin County,Texas Ol' C=131.66' 2 All property corners are 5/8' rcn rods I� with 'KHA' cap Set unless ctherwese Q j noted I SO'35'20"E 476 06' = = MI MI MI LEGEND MATCH LINE(SEE SHEET 2) P 0 B =POINT OF BEGINNING IRF=IRON ROD FOUND C M =CONTROLLING MONUMENT E_n Kimley-Horn D R.C.0 T .DEED RECORDS OF COLLIN COUNTY.TEXAS and Associates,Inc. L R C C T =DEED RECORDS OF COLLIN COUNTY TEXAS 2730 Mort O n Sus*Xi su^l a 1100 O P R C C T.=OFFICIAL PUBLIC RECORDS.COLLIN Naas .,TOO 73251 c..r;;;9r2)23S3Q0 COUNTY,TEXAS Hilt atm& I.k‘ 2sa Amy 1'+oC Su 1 DA',' ,Er'T 20,2 421YE4122 20F3 PI017FO BY JONES STEPIUN£B'27720121D 25MA DWG RA7/E K':)AL SURVEr063064127.Y,000eRIDGE PARKwBv1DWG1063tG4127rno0CCI,OGE ROW IMP DWG LAS'SAVED Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 10 618932.1 RIGHT-OF-WAY DEDICATION H.J. HARDIN SURVEY.ABSTRACT NO 438 CITY OF WYl IF, COLLIN COUNTY,TEXAS MATCH LINE (SEE SHEET 3) Mil I= I• MII• MiI• 1.1 IIMMIMN11I• = = = MiMI p QI3 �O N ccF O ,,.1_, LL1r \=6'24'01" R=846.50' W{� V n D-E O a L=94.56' O CB=S3°4721"E S2f. C=94.51 o 30 SC GRAPHIC SCALE IA RI F r NO°01'06"E =6'55'33" 1124.02' R=910.50' RIGHT-OF-WAY L=110.06' 100.14ACRES gIz DEDICATION C8=S3`31'34"E C=109 99' NORTH TEXAS MUNICIPAL v7) 2.452 ACRES WATER DISTRICT *.`d TRACT 1 VOL.1300,PG.809 1nlso 106,830 SQ. FT. WAYNE RIC,I- L.R.C.C.T. a a VOL 1730,PG 888 LRCCT Y N 5 NOTES UIo 2 ill O 1 Bearing system far this survey is basec on a 4; y 0 bearing of Soutt 00.00'00-East.for the east i I u0i tine of Lot 30,Block L Woodbridge,Phase 8, according to the plat recorded In Cabinet 0, O W Page 455, Map Records of Collin Courtly z O Texas p—Y V 2 All property corners are 5/8" iron rods with 2= iil o= o "i0IA"Cap set unless otherwise noted o_ o o V) U w S ir _. _ N89'17'40"W 110.52' WOODBRIDGE I 'NOODBRIDGE PROPERTIES.L L C I PROPERTIES,L.L.C. VOLUME 477'".PAGE 7 VOL.5065 PG.4376 LRCCT I D.R.C.C.T. 1 LEGEND P 0 B in POINT OF BEGINNING IRE=IRON ROD FOUND C M.=CONTROLLING MONUMENT Kimley-Horn D R.0 C.T =DEED RECORDS OF COLLIN COUNTY.TEXAS Cori and Associates,Inc. L R C C T =DEED RECORDS OF COLLIN COUN'Y,TEXAS urwlNnCnvs s.m,•o7 .°i.o 15r71>•7c13(0 O P R C C T =OFFICIAL PUBLIC RECORDS,COLLIN o,11..7&OM 7us1 -..No;972)731 3a20 COUNTY.TEXAS ,at Zec.liz Sitrazilm pa gym. -S SO I'Al1 5L-+'10,2 J6)',E412/ 3OR3 PI_OUT O BY JONES.STEPHAN( •. --1)17'.2C AM DWG NAME K%DAL sURVEV'06354177.\K)DORRIoGE PARKWAYID'AG•O33564127 V.ti',JBP(":L ROW RICH DWG LAST SAVED Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 11 618932.1 Exhibit"3" (following 2 pages) Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 12 618932.1 RIGHT-OF-WAY DEDICATION W.SACHSE SURVEY,ABSTRACT NO 835 CITY OF WYLIE,COLLIN COUNTY,TEXAS BEING a tract of land situated in the W. Sachse Survey.Abstract No. 835, City of Wyl e, Collin County. Texas and being part of a tract of land descrbed in Special Warranty Deed to Woodbridge North Commercial I, Ltd recorded in Instrument No. 20071004001372090 of the Official Public Records of Collir County, Texas and being rrore particularly described as follows: BEGINNING at a 5/8"iron rod with'KHA"cap set for corner in the existing west right-of-way line of Hooper Road (a vanaole width right-of-way)at the southeast corner of said Woodbndge North tract: THENCE departing said existing west right-of-way line and with the south line of said Woodbridge North tract. North 89'56'00'West. a distance of 9.87 feet to a 5/8'iron rod with "KHA"cap sot for ccrner in the proposec west right-of-way line of Hooper Road at the beginning of a non-tangent curve to the right havirg a central angle of 12°18'02'.a radius of 934.50 feet,a chord bearing and distance of North 2°59'22"East,200.24 feet; THENCE departing the said south line of the Woodbridge North tract and with said proposed west nght-of-way line,in a northeasterly direction,with said curve to the right.an arc distance of 200.62 feet to a 5/8"iron rod with "KHA'cap set in the said existing west right-of-way line of Hooper Road at the end of said curve; THENCE with the said existing west right-of-way line of Hooper Road, South 0'09'47' West, a distance of 199.98 feet to the POINT OF BEGINNING and containing 1,706 square feet or 0.039 acres of land. Bearing system for this survey is based on a bearing of South 00°00'00"East.for the east line cf Lot 30,Block L, Woodbridge, Phase 8, according to the plat recorded in Cabinet O. Page 455. Map Records of Collin County, Texas. * * • \s BANA BROWN � � Kimley-Horn e•.• a ,� and Associates,Inc. DANA BROWN '/ E 5\�.• O V. o -a..r hro loro IN n°pr/I fC,331 REGISTERED PROFESSIONAL • �'\ \ w1Aa.'eras n S. iu No Ivrtr2»» LAND SURVEYOR NO 5336 R v a ti� 1?J t= `•�•' '_ ^sue. \ NAI AJ r DAB' 'APT 21'2 061164121 1 ar 2 PLOTTED BY JONES,STEi••,,t 90l/2012 IOU OWO a K'AAL SURVEYg6STBA12/WOCOBNIOCE PARKWAYOWOOT756a177.W00OBRIDGE ROW WB NORTHD..1G LAST Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 13 618932.1 RIGHT-OF-WAY DEDICATION W.SACHSE SURVEY,ABSTRACT NO.835 N CITY OF WYLIE,COLLIN COUNTY,TEXAS 1 W-4= E 1Qo � 1 O CITY OF WYLIE I C 6 INST NO.T 20070829010002973 �� IZ 9 L S w Q Iu 5 VOL 2007,PG.444 0 30 c.^ I I N R.0 C.T. w D—J my pN (;RAPIC SCALER.FEET < ? Y 0, cj RIGHT-OF-WAY INI DEDICATION - 16 0.039 ACRES > x Iif 1,706 SQ. FT. ll J I !I LOT 1,BLOCK A %.12°1802' o RAYMOND COOPER R=934.50' o JUNIOR HIGH SCHOOL L=200.67 b WOODBRIDGE NORTH CB=N2.59'22'E t° I INST.NO.20070905010003090 LRC.CT COMMERCIAL I LTD Cr200 24' VOL.2007,PG.461 INST NO 20071004001372090 1 I / I M.R.0 C T. O P R CCT 0.55 ACRES COLLIN COUNTY I I I WYLIE INDEPENDENT VOL.1577,PG.389 SCHOOL DISTRICT L.R.C.C.T VOL 5933.PAGE 00331 ! R C.C.T _ _ I — N89'56 ' I'WV: CITY OF WYL E 9 87' INST.NO.2007090501)003090 L.R.C.C.T. VOL.2007,PG 461 P.O.B. I I M.RC.C.T. TIMOTHY JOHNSON I I I I C.F.NO.97-0066824 NOTES L.R.C.C.T. I I I Bearing system for this survey es based on a 1 136 ACRES - bearing of Soule 00'00'30'East.for the east COLLIN COUNTY line of Lot 30.BIocJe L.Woodbu dye,Phase E. VOL.1577,PG.401 according to the peal recorded en Cabinet C. L R.C.C.T I I Page 455, Map Records of Colin County. Texas I I I 1 2 Al property comers are 518' Ryon rods with 'KHA-cap set unless othereise noted. I I R S88°05'34-E '0'sr' 1409 68' it11 LEGEND 1 HENSLEY LANE S5'P OW: P O B =POINT OF BEGINNING IRF=IRON ROD FOUND C M.=CONTROLLING MONUMENT con Kimley-Horn 0 R C C T -DEED RECORDS OF COLLIN COUNTY.TEXAS and Associates,Inc. I R.0 C T =DEED RECORDS OF COLLIN COUNTY,TEXAS v7w Van.I,..s...,exu t.w(e.r,rn;'v. O.P.R.C.C.T.=OFFICIAL PUBLIC RECORDS.COLLIN o.e..T.,.7626: Eve.moir7a3A» COUNTY,TEXAS .lift p.....rr .G..0. .r 2«.v rw 2=.1.V, 1'•v/ 34, 0AR 30'1 N12 061SW171 70r7 01.O11CD65)O'IES,STEO/IANIE 9.77,20171013 AM DWG.AMC K,DAL SURVEY'0635551127'M000eeeooE RARKWAY2n00E33641t27.NVOCRRIDGE ROM WS NORTH 0WG LAST Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 14 618932.1 Exhibit"4" (following 3 pages) Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 15 618932.1 RIGHT-OF-WAY DEDICATION L.K. PEGUES SURVEY,ABSTRACT NO.703 CITY OF WYLIE. COLL'N COUNTY.TEXAS BEING a tract of land situated in the L.K Pegues Survey, Abstract No 703, City of Wylie. Collin County. Texas and being part of Lot 1, Block A, Raymond Cooper Jun:or High School. an addition to the City of Wylie, Texas according to the plat recorded in Volume 2007. Page 46' of the Map Records of Collin County. Texas and Instrument No 20070905010003090 of the Official Public Records of Collin County. Texas:same being part of a tract of land described in Correction Special Warranty Deed to Wylie Independent School District recorded in Volume 5933. Page 331 of the Land Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 5/8"iron rod found for corner at the intersection of the north right-of-way line of Hensley Lane (a 55-foot wide right-of-way) and the existing east right-of-way line of Hooper Road (a variable width right-of way),said point being the southwest corner of sa:d Lot 1,Block A THENCE with said existing east right-of-way line,the following courses and distances, North 0'09'47" East, a distance of 705 88 feet to a 5!8"iron rod with"KHA"cap set at the beginning of a non-tangent curve to the right having a central angle of 14'44'46". a radius o' 1098.82 feet, a chord beanng and distance of North 7°39'10"East,282 02 feet. In a northeasterly direction, with said curve to the right. an arc distance of 282 80 feet to a 5/8" iron rcd with"KHA"cap set in the proposed east right-of-way line of Hooper Road at the beginning of a compourd curve to the left naving a central angle of 27°35'26". a radius of 834.50 feet.a chord bearing and distance of South 1°13'50"West,397.98 feet: THENCE departing the said existing east right-of-way line and with the proposed east nght-of-way line of Hooper Road,the following courses ano distances: In a southwesterly direction,with said curve to the left.an arc distance cf 401.85 feet to a 5/8"iron rod with "KHA"cap set a:the beginning of a reverse curve to the nght having a central angle of 12°33'52", a radius of 934 50 feet.a chord bearing and distance of South 6°16'56"East.204 52 feet. In a southeasterly direction, with said curve to the right. an arc distance of 204.93 feet to a 5/8" iron rod with"KHA"cap setat the end of said curve, South 0°00'00" East. a distance of 385 99 feet to a 5/8" iron rod with"KHA" cap set for corner in the said north right-of-way line of Hensley Lane: THENCE with the sad north right-of-way line. North 88'05'34"West, a distance of 53 43 feet to the POINT OF BEGINNING and containing 32,737 square feet or 0.752 acres of land Bearing system for this survey is based on a beanng of South 00"00'00"East for the east line of Lot 30.Block L. Woodbridge, Phase 8. according to the plat recorded in Cabinet 0, Page 455, Map Records of Collin County, Texas. � �OFT (*.‘ DANA BROWN Kimley-Horn 5336 P.: G and Associates,Inc. .. Q DANA BROWN L, i25,1 DJIAS Vert c°.. 7m�c 197217/5 rim MM REGISTERED PROFESSIONAL •f S U R. !1.\ fisa °'D'7t't�$ CM `•''peri z s» LAND SURVEYOR NO.5336 Q`� u.A su IM:r. PLOTTED BY JONES.SI•:..i4l1F i. 1029M1 ti'c Iif IEK,DAL_SURVFYID63564127.WCOOBRIDGE PARKWAY'OWc,63364'7i.Y K0I"i;:, '•:'.'::•0 CMG LAS-SAVED) Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 16 618932.1 RIGHT-OF-WAY DEDICATION L K. PEGUES SURVEY,ABSTRACT NO. 703 CITY OF WYLIE.COLLIN COUNTY,TEXAS MATCH LINE(SEE SHEET 3) - - - - MS _I_ - M M IN MI MI - - - - MI TIMOTHY JOHNSON A=12°33'52" C.F.NO R C CT 97-0066824 I i' s I R=934.50' 0.109 ACRES— OO I L=204.93' COLLIN COUNTY C6=S6"16'56"E VOL.1577.PG 398 C=204.52' LRCCT a© RIGHT-OF-WAY 1136ACRES I0Q I DEDICATION COLLIN COUNTY I=- I 0.752 ACRES VOL 1577.PG.401 L.RC.C.T. 32,737 SQ. FT. 100 14 ACRES coo NORTH TEXAS MUNICIPAL m o LOT 1.BLOCK A o WATER DISTRICT F Ip r— RAYMOND COOPER VOL 1300.PG.809 JUNIOR HIGH SCHOOL L R.C.C.T. ` lL INST.NO 203709050'0003090 I m m I c O.PRCC T . rn VOL.2007,PG.461 I w ; I o M.R.C.C.T. N err z N N ,n WYLIE INDEPENDENT a I w ccoo SCHOOL DISTRICT cii VOL 5933.PAGE 331 t, W L.R.C.0 T. W��=� E J 0 �l 1 I o S I I r f CITY OF WYLIE INST NO 2007090501.0003090 o 60 L R C.C.T. VOL 2007.PG 461 GRAPHIC SCALE N FEET •P!-. ' M R C C T PP- HENSLEY LANE ',TIRE p oral �' (55'R O W.) ..IFtF P.O.U. ( NOTES S88'05'34"E 1409.68' _NSS`05'34"W _ L.K.PEGUES SURVEY_ABS_TRACT NO 03 1. Bearing system for this survey ts based I 1____, 53 43' Er J HARDIN SURVEY-ABSTRACT NO.438 on a bearing of South 00.00'00•East.for z — — _ _ the east line of Lot 30. Block L. O O — — — Woodbndge. Phase 8. according to the p plat recorded in Cabinet O. Page 455, O§0z TRACT 1 Map Records of Coyrn County.Texas. O WAYNERICH 2 All property corners are 518• iron rodscc z I g VOL..17 30.PG 888 with 'KHA" cap set unless othervrse LRCCT noted LEGEND P O B =POINT OF BEGINNING IRF=IRON ROD FOUND C M.=CONTROLLING MONUMENT G Kimley-Horn O R.C.C.T.=DEED RECORDS OF COLLIN COUNTY,TEXAS and Associates,Inc. LRCCT =DEED RECORDS OF COLLIN COUNTY TEXAS ,$75d11,4"Cx'.•tip.. No(9721770,XC O.P R C C T =OFFICIAL PUBLIC RECORDS.COLLIN OWN.T..as 77• a.ro r9111 nrotoo COUNTY.TEXAS Bilk 2=3% 2122z121 IIts 1'•fp S.J I:AI, '•I••' :)'' (*.WNW Of PL DT'ED BY JONES STEPHA NIE 9R70012 t029 AM DV.0 NAVE A 074 SURVEYW63S64,27.W000BRIDGE PARS'A'AY10VKi06316L127-WOOD f RIYN WISD DWG IAS1 SAVED Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 17 618932.1 RIGHT-OF-WAY DEDICATION L.K. PEGUES SURVEY,ABSTRACT NO.703 N CITY OF VVYLIE, COLLIN COUNTY,TEXAS r I / W =ri E / I A=-14`44.46" / - -CITY OF WYLIE INST NO.2007C829010002970 S I R=1098 82' L R C C.T C 30 BC L=282 80' / VOL 2007,PG 444 CB=N7`39'10"E MRCCT C=282 02' NOTES GRAPH C SCALL IN F LET t Bearing system for thissuvey is Case? I 30'ACCESS&UTIL ESMT INST NO 20060714000878810 on a bearing of South 00'00'00-East,fcr I the east line of Lot 30. Block L I 1 I OPRCCT Woodbndge. Phase 8. according to the I / plat recorded in Cabinet 0 Page 455 I� ^ / .\=27°35'26" Map Records of Collin Courty.Texas o F' 2 All property corners are 5r8" iron rods 9 i / R=834.50' with "KHA" cap set unless otherwise u I / L=401.85' noted Y I g CB=S 1°13'S0•'W -F LOT 1.BLOCK A WOODBRIDGE NORTH Fey< / 1 C=397 98' RAYMOND COOPER COMMERCIAL I LTD I a JUNIOR HIGH SCHOOL INST NO 20071004C01372090 1 IW 1-• / INST NO 20070905010003090 LRCCT I¢;, / LRCCT N y i '25x25'UTIL.ESMT VOL 2007.PG.461 w w INST.NO. MRCCT 0 I / 20060616010002610 0.55 ACRES-• O.P.R C.0 T WYLIE INDEPENDENT COLLIN COUNTY \ Y SCHOOL DISTRICT VOL 1577,PG.389 fir. VOL 5E33,PAGE 00331 L.R.0 C.T Q^ L R C C.T _ _ _ ol1 tY .... I CITY OF WYLIE TIMOTHY JOHNSON o - INST.NO 20070905010003090 C.F NO.97-0066824 w L.R.0 C T L.R.C.C.T. a m VOL 2007.PG 461 0< W MRCCT I 0> o = ( • I w RIGHT-OF-WAY 0109ACRES -. I I DEDICATION COLLIN COUNTY 2:r7 0.752 ACRES VOL 1577,PG 398 b 32,737 SQ. FT. LRCCT1 I L __ _ _ 1136ACRES •I — —k — COLLIN COUNTY 1 •:` I VOL 1577,PG 401 -- 15'UTILITY EASEMENT L R C C.T. 1 INST NO 20060616010002610 OPRCCT - - - IN - Ell I_ ill al - - - - - - - - MATCH LINE(SEE SHEET 2) LEGEND P O B =POINT OF BEGINNING IRF=IRON ROD FOUND C.M =CONTROLLING MONUMENT can Kimley-Horn D R C C.T o DEED RECORDS OF COLLIN COUNTY TEXAS and Associates,Inc. L R C C T =DEED RECORDS OF COLLIN COUNTY.TEXAS 12760 In.Dove Soon rao, Ia so I972i no-1000 O P R.C.C.T.=OFFICIAL PUBLIC RECORDS.COLLIN WAKE Foist 76261 �A.No IMF 339.3620 COUNTY.TEXAS MK RIZI9It I 1 $210111sMEWL =60 SU =.t6 a V•.-'I 063MAa77 0 OPT PLOTTED BY JONES.STEPHANE 907720121329NA LING NARK K IDAL_SJRVEY1063S6.177.1VOODBRIDGE PARKWA'nu1VG•0 636641 2 7.uOCO0R LIGT ROW VAS,DM LAST SAVED Resolution No.2012-44(R)Determining a Public Necessity to Acquire By Purchase Certain Properties Page 18 618932.1 Wylie City Council -r( . AGENDA REPORT 8•rasp Meeting Date: December 11, 2012 Item Number: O. Department: Finance/Purchasing (City Secretary's Use Only) Prepared By: Glenna Hayes Account Code: Date Prepared: December 3, 2012 Budgeted Amount: Exhibits: Subject Consider and act upon the approval of the purchase of six (6) Tahoe vehicles for Police, two (2) pick-up trucks for Fire Rescue, and three (3) pick-up trucks for Public Services from Reliable Chevrolet in an estimated amount of$315,500, through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of six (6) Tahoe vehicles for Police, two (2)pick-up trucks for Fire Rescue, and three (3)pick-up trucks for Public Services from Reliable Chevrolet in an estimated amount of$315,500, through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al. Discussion Funding for the purchase five (5) replacement Tahoe units and one (1)new Tahoe unit for Police; two (2) replacement pick-up trucks for Wylie Fire Rescue, and one (1) new pick-up truck and three (3)replacement pick-up trucks for Public Services was approved in the FY 2012-2013 budget. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to 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. (State of Texas Smart Buy Program No. 071-A1). Approved By Initial Date Department Director LB/GH 12/3/12 City Manager Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2012 Item Number: 1. Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: December 4, 2012 Budgeted Amount: N/A Exhibits: 1 Subject Consider, an act upon, a Resolution of the City Council of the City of Wylie, Texas authorizing the application of Mariposa Woodbridge LP to the Texas Department of Housing and Community Affairs for Housing Tax Credits Home Funds and support for the development of multi-family residential housing with a target population for adults 55 years of age and older. Recommendation Motion to approve a Resolution of the City Council of the City of Wylie, Texas authorizing the application of Mariposa Woodbridge LP to the Texas Department of Housing and Community Affairs for Housing Tax Credits Home Funds and support for the development of multi-family residential housing with a target population for adults 55 years of age and older. Discussion The proposed Senior Living Facilities would be located south of the Target development, east of McCreary Road. The Planned Development District zoning for this property(Ord. 2006-01) includes a retirement housing use which specifies that the head of the household must be 55 years of age or older, and also addresses density, setback and parking requirements. Bonner Carrington LLP is the developer of the proposed project. They have developed five other senior communities in Texas. The Council previously approved Resolutions 2010-09 and 2012-08 indicating the City's support of similar projects on the same site. The applicant is proposing to submit for this funding cycle which requires a Resolution from Council. Approved By Initial Date Department Director MM December 4, 2012 City Manager Page 1 of 1 RESOLUTION NO.2012-45(R) A RESOLUTION AUTHORIZING THE APPLICATION OF MARIPOSA WOODBRIDGE LP, A TEXAS LIMITED PARTNERSHIP, TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR HOUSING TAX CREDITS (HTC), HOME FUNDS AND SUPPORT FOR THE DEVELOPMENT OF MULTI-FAMILY RESIDENTIAL HOUSING WITH A TARGET POPULATION FOR ADULTS 55 YEARS OF AGE AND OVER WHEREAS, Mariposa Woodbridge LP, a Texas limited partnership, (the "Applicant") and Bonner Carrington LLC have proposed a development for multi-family residential housing with a target population for adults 55 years of age and over on an approximately 13.122 acre tract located approximately.25 miles South of the intersection of McCreary Road and W. Kirby (aka FM 544), on McCreary Road (east side), named Mariposa Apartment Homes at Woodbridge in the City of Wylie, Collin County, Texas; and WHEREAS, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for Housing Tax Credit Program funds and HOME Investment Partnerships (HOME)Program funds for"Mariposa Apartment Homes at Woodbridge;" and WHEREAS, as the population ages, there is a growing need for reasonably priced housing for seniors in the community, and City Council wishes to explore options that could satisfy this need in conjunction with the overall planning goals of the City of Wylie,Texas (the"City"); and WHEREAS, in order to help provide funds and secure necessary financing approvals, Mariposa Woodbridge LP and Bonner Carrington LLC request permission from the City to apply for Housing Tax Credits and HOME funds from TDHCA which requires the consent of the City Council; and WHEREAS, the location (the "Target Location") described on Exhibit "A," attached hereto, is located within the city limits of the City; and WHEREAS, the City deems it in the best interest of the citizens to consider the development with the understanding that the developer will work closely with the City to ensure that it meets area needs and the community desired sense of character. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,as follows: Section 1. The facts and opinions in the preamble of this resolution are true and correct. Section 2. The City of Wylie, Counties of Collin, Dallas and Rockwall has voted specifically to support the Development. Section 3. The City of Wylie, County of Collin has voted and determined that Mariposa at Woodbridge contributes most significantly to the concerted revitalization efforts of the City. Section 4. This Resolution, related to potential financing, is not a statement of approval for site or building permits as such decision shall be made in due course with a future request. Resolution No. 2012-45(R) TDHCA Tax Credit Support-Mariposa Woodbridge LP Section 5. All resolutions and agreements or portions of resolutions and agreements in conflict herewith are hereby repealed to the extent of the conflict only. PASSED,APPROVED AND ADOPTED on this 11th day of December,2012. CITY OF WYLIE, TEXAS ERIC HOGUE,MAYOR ATTEST: CAROLE EHRLICH,CITY SECRETARY Resolution No. 2012-45(R) TDHCA Tax Credit Support-Mariposa Woodbridge LP EXHIBIT"A"—TARGET LOCATION M ` — — I •••-•••4.4••• P.o.e. • t .....,. .._L m -- 1 .wr __ MI••v...•w�•i••�•an,.J•�•.•S W,••w.••.• ::« Os r. ti ••.a, awlw!•. `Swab 6414• •w I 5)SL.`4 �� ••wr w . ar NO.w•L• •w.•w•••.••T..••.••w••r.1.r, . .••• .• . y(iLLI PAI A_635 `•••SI1:�••.i•.••• •r••e.•.w••••.•.•.• .�••.•••.a••.. •W. -.•z..• ..4 , , 13,125 ACRES ......•we.Ire MA.4.WO I T It 0 a/Oh...,•••0•••••••••••• r im I 1wWm" •mow•w a•a••••.••.••r••a_•• I I I I GGG.••. tam R ea_•44••• .••wv.w r I...•.•r a—•.• I I rM ....•.w.•_..r-am.. .aS.••rr r..4•M .. l A I t•..w r1riT •Mi •«.w••w ra.•r•w.y..•1 I .e • •••..ne.•. •.a....• •i•i�. I .•►•.•s«.7•a i•�i�T?.Zi1-7=14.'T"..1,a• 1I � d�4wva4 Cl'�F3 a..:w..w....•�. I •.•.o.'�:oa••.i ...o.— • I r .4•41,••••MM.•••••••••••••,rrala=11.404... a+•e•.`,a.ia`.•e a a aaa...a r4.•.•a I • `r4:.•Z"P•:• •14u.:�••re rT one•."•••• 1 ••w••••••4•.alias....a,.w:6w•.• aar. III 1 r.. •+xsa a.••.••mrr••..Sala••••••w.•..••w• .4• l • :s..•••.c..SZ'r .�w+.•�•- •tee.• es. LW ••i�.w• T. i•Iaa t N.M000 I dFMITIOWN/ I n r•.•w. _ 6•.,r•r r••.•••.a .\\ _ • ••� �•�•,•.�yew••• I�t.e a4}••/ • CS •.Y f• O.ON......•.m•,iY•11 a.1 raa:c�,"y . • y � Resolution No. 2012-45(R) TDHCA Tax Credit Support-Mariposa Woodbridge LP � . OF tyipt 4 Wylie City Council `'` '. . AGENDA REPORT 8•rss7.. Meeting Date: December 11, 2012 Item Number: WS Department: City Manager Office (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: November 28, 2012 Budgeted Amount: NA Exhibits: Subject Discussion regarding the parameters for a new solid waste contract. Recommendation N/A Discussion Staff has met with our Solid Waste provider, CWD, to discuss a five year contract extension which would begin in September of 2013. Staff issues; A. Avoid a rate adjustment from the beginning of the contract until Oct. 1 2014 (excluding a .15 adjustment for Xtreme Green that will take place in Mach 2013) B. Reduce Commercial Polycart rates to (or close to) residential rates. C. Avoid a rate adjustment for two years until October 1 2015 CWD issues; 1. Allow CWD to surcharge for illegal heavy loads on commercial compactors. The surcharge would eliminate any financial incentive to intentionally overload compactors so that CWD is forced to carry illegally heavy loads. 2. Consider changing residential recycle back to every other week. Currently recycle polycarts average approximately 45 pounds per household per week. The recycle cart will hold 120 pounds. 3. Franchise temporary roll-off Currently this is not franchised. This was intentionally left out of our current contract so that residents and contractors could have options. If we will do 1,2, and 3 CWD will do B&C. If we will do 1&3 (but not 2) CWD will do A. Approved By Initial Date Department Director City Manager Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 11, 2012 Item Number: Work Session#2 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: December 4, 2012 Budgeted Amount: N/A Exhibits: 2 Subject Presentation by John Crew, Public Werks, Inc. and discussion regarding a Letter of Support for a proposed Toll Road Project between Greenville Texas and the President George Bush Turnpike. Recommendation N/A Discussion The Texas Turnpike Corporation (TTC) is a private toll road corporation that has legislative authority to build and operate toll roads in the State of Texas. Per the TTC representatives, the project is intended to alleviate traffic congestion in this area, specifically that of I-30 in Dallas and Rockwall counties. The proposed Phase 1 of the project would be built between Lavon and Greenville through a ground lease from the Northeast Texas Rural Rail Transportation District (NETEX). NETEX owns 88 miles of abandoned railroad right-of-way between Wylie and Mount Pleasant, which is commonly known as the Cotton Belt. As proposed, the project would ultimately connect with the President George Bush Turnpike. Support for the project is being sought from those communities affected by Phase 1 in order to encourage the inclusion of the project into the Metropolitan Transportation Plan by the Regional Transportation Council (RTC), which is the independent transportation policy body of the Metropolitan Planning Organization. The RTC's 43 members include local elected or appointed officials from the metropolitan area and representatives from each of the area's transportation providers. The RTC oversees the metropolitan transportation planning process including determining the allocation of federal, state and regional transportation funds, and selecting transportation projects in some programs and recommending projects to the Texas Transportation Commission for other programs. Approved By Page 1 of 2 Page 2 of 2 Initial Date Department Director MM December 4, 2012 City Manager TEXAS T8IoN RNPIKE November 16, 2012 PrilECIFIVED z Ms. Mindy Manson ,h c City Manager 'ta1V 300 Country Club Road AGAR Building 100, First Floor Wylie,Texas 75098 RE: Executive Summary of Toll Road Project Dear Ms. Manson: As you requested, enclosed is an executive summary of the toll road project that we previously discussed. I have also included a map of the proposed toll road which will extend generally from Greenville,Texas to Lavon,Texas(Phase 1) and on to the President George Bush Turnpike (Phase 2). My goal is that you would share this brief synopsis with your council so that we can present the project at your December 11th council meeting and ask for a formal indication of support for the project. Please let me know if you have any questions or need any additional information. I look forward to speaking to you soon. Best regards, John N. Crew Enclosures: Executive Summary and Map 38 i i TURTLE CREEK BLVD.,STE. 1300,DALLAS TX,75219 1 214.526.5500 1214.692.5302 (F) I WWW.PUBLICWERKS.COM Executive Summary The Project The Project includes the design, development, financing, construction, operation and maintenance of a private toll road extending approximately 20 miles from Lavon, Texas to Greenville, Texas ("Phase 1" or the "Project") along a portion of the Northeast Texas Rural Rail Transportation District's ("NETEX") right- of-way. The right-of-way for Phase 1 of the Project will be secured through a long term Ground Lease Agreement with NETEX, where the Texas Turnpike Corporation ("TTC") will lease a portion of NETEX's right-of-way ("ROW") located between Simtrott,just west of the City of Greenville, through the Cities of Josephine and Nevada,terminating just west of the ROW's intersection at State Highway 78 ("SH 78") in the City of Lavon. TTC is proposing this transportation project to help mitigate the traffic congestion in the east-central portion of the Dallas-Forth Worth Metroplex (the "Metroplex"), more specifically, the portion of Interstate 30 ("I-30") between Rockwall County and Dallas County. The proposed project consists of a limited access four lane divided toll road that will be constructed in and along the ROW, leaving room for NETEX's rail restoration plan at some point in the future. The Phase 2 Project ("Phase 2"), from SH 78 to the President George Bush Turnpike ("PGBT"), will be planned and constructed in the future.The route and developer of the project will be determined at a later date. NETEX, an established subdivision of the State of Texas, represents the counties of Collin, Hunt, Delta, Hopkins, Franklin and Titus. NETEX owns 88 miles of right-of-way from Wylie, Texas east to Mount Pleasant, Texas which is a section of the abandoned St. Louis and Southwestern rail line, otherwise known as the Cotton Belt. The proposed toll road will be on the portion of the right-of-way described above which had rails removed years ago. The length of the NETEX corridor is made up, almost entirely, of rural property. This will allow for the construction of the roadway to be completed much faster than comparable projects, not to mention, the cost of the Project will not be driven up by ancillary forces. Texas Department of Transportation standards will be employed in the construction, including the use of continuously reinforced concrete pavement. The design and construction of the Project is expected to take less than 36 months to complete. TTC, a Texas corporation, has the legislative authority to build and operate toll roads in the State of Texas. TTC was formed in 1991, prior to the repeal of the legislation that allowed for the creation of such entities, and existing corporations were grandfathered in and still carry the same powers today. It is believed that only a few, if any, other private toll road corporations exist in Texas. A private toll road corporation in Texas has the ability to construct roads that connect to existing state roads, use state lands, cross railroads and bodies of water and carries the rights of eminent domain. One of the few limitations on private toll roads in Texas is that the road must provide for an entry and/or exit at least every five miles. TTC is in good standing with the State of Texas and the existence and legality has been confirmed by the Attorney General of Texas. 1 Need for the Project A review of an aerial map of the Metroplex shows that there is a lack of development to the north and east of Dallas. Lake Ray Hubbard and Lake Lavon have blocked access to the area and stifled growth. Similar to the lack of growth in northwest Collin County prior to the opening of the Dallas North Tollway, the area northeast of Dallas has not grown due to lack of adequate transportation infrastructure. This Project is the intersection of the need for a new transportation corridor in this area and the availability of a previously abandoned rail corridor. The success of this Project, especially in the early years, will be driven by efficient connections to 1-30 to the east and SH 78 to the west. Construction has commenced on a state funded project to increase capacity on SH 78 from SH 6 north of the Project through Lavon and Wylie. With this limited access improvement, the Project route will serve as a faster and more effective route for commuters traveling into or out of the northeastern quadrant of the Metroplex. Staff at the North Central Texas Council of Governments("NCTCOG") prepared several demographic files from the travel demand model and modeled results for the Project. NCTCOG's staff used the network assumptions that were agreed upon in late September for the inputs in the model.Two phases of the toll road were modeled: Phase 1 started in Greenville and extended west to south of Lake Lavon and connects to SH 78; and Phase 2 extended further west from SH 78 to PGBT in Garland. Phase 1 was modeled independently from Phase 2 and then Phase 1 and Phase 2 were modeled together. It was assumed that Texas Turnpike Corporation would not build Phase 2 without Phase 1.All volumes represent year 2035. As a baseline for roadway volume comparison purposes,the Mobility 2035 model results for the study area were included. NCTCOG's model showed that the Project was a needed road as both an untolled and tolled facility. Financing Plan KPMG's Infrastructure Advisory Practice, headquartered in Austin, Texas, has been hired to be the financial advisor for the Project. KPMG has the largest dedicated P3 advisory team in North America. Their team combines backgrounds in municipal finance, banking,government, engineering, law and consulting. We expect the long term financing to include bank debt, bond debt and equity, secured by revenues of the facility. KPMG will help navigate through the complex bidding process to strike the right balance between protecting the equity investor's interests and developing a successful debt package. It is anticipated that KPMG will provide the latest innovative thinking and finance solutions available in the marketplace for the Project. Next Steps Significant pre-development work has been completed to date and the Project is now ready to move into the development phase. Most of the pre-development work has focused on initial feasibility, securing the right-of-way and gathering support from municipal, governmental and community stakeholders. The development phase of the Project will build on those actions while preparing the Project for construction. Development capital will be raised to fund necessary legal contracts and documentation, more advanced traffic and revenue studies, environmental studies and applicable clearances, and the pursuit of additional capital commitments. 2 Of utmost importance to a toll road project, especially one with no governmental guarantee is the accuracy of the traffic and revenue study. Gustavo Baez, an established and respected traffic economist in the state of Texas, was hired to study the corridor and produce a Level One Traffic and Revenue Study. The study does not consider an in-depth analysis of the impact of the road on the growth along the corridor. Rather, in this initial report, Mr. Baez considers data that is readily available from the Texas Department of Transportation ("TxDOT"), NCTCOG and the U.S. Census Bureau. During the development phase of the Project, a Level Two Traffic and Revenue Study will be commissioned which will delve into other growth factors, potentially uncovering more traffic and thus revenues. The steps to be taken leading to construction and opening of Phase 1 are: • Amendment of the Metropolitan Transportation Plan, Transportation Improvement Plan, and Statewide Transportation Improvement Plan to reflect the toll road from Greenville, Texas to PGBT • Minute order with TxDOT, includes approval from Federal Highway Administration to connect to 1-30 and SH 78 • Capital funding • Environmental clearance • Design • Construction Under the most ambitious schedule, construction would begin in 2014 and Phase 1 would open for traffic in 2017. 3 Public Werks, Inc. - Public Private Partnerships for Infrastructure Page 1 of 2 About Us �'..; Projects ram✓ Policies Public Werks, Inc. In the News Contact about us John N. Crew �.. µ John Crew is the President of Public Werks and currently serves on the investment committee of Republic Holdings Texas which provides capital to early stage companies with operations in Texas. He began his investment banking career in 1979 in the Public Finance division of First Southwest Company in Dallas,Texas.In 1983,he joined the Public Finance division of Dillon,Read&Co.and served as Managing Director and a member of the Board of Directors until 1997 when the company was sold.During his career,he has been involved with the issuance of more than$6 billion of governmental purpose debt. Mr.Crew has over 30 years of experience in investment banking and has originated and managed numerous large infrastructure financings and public/private partnerships.Mr.Crew holds B.S.and M.S.degrees from Texas A&M University. Stephen W. McCullough Steve McCullough retired from the City of Irving,Texas in 2005 after 30 years of service including the last 12 years as City Manager.As City Manager,he was instrumental in achieving and maintaining a AAA bond rating from both Moody's and Standard& Poor's while issuing over$400 million in general obligation and revenue bonds to meet the : needs of one of the nation's fastest growing cities.The infrastructure assets addressed during Mr.McCullough's tenure included: light rail,commuter rail,toll roads,interstate and state highways,water supply and transmission and water reuse. In 2005,Mr. McCullough received the prestigious North Texas Transportation Excellence Award in Mobility. In 1990,Mr.McCullough was appointed by the Governor of the State of Texas to the Board of Trustees of the Texas Municipal Retirement System. He served as Chairman of the Board in 1992 and 1995.Mr. McCullough received a BBA degree in Finance from the University of Texas at Austin in 1973. Alan D. Friedman x Alan Friedman With more than 33 years of development and investment experience as a principal and operation partner,Alan Friedman has developed,financed,marketed,managed,and acquired over$3.0 billion of commercial,mixed use and lifestyle properties.Since 1990,Mr.Friedman has owned an advisory company,Trisept, Inc.through which he provides acquisition,development,and financial services for commercial properties to clients as well as,developed multiple projects.Alan holds a B.A. in Finance from the University of Texas at Austin and has served as a Board Member and Foundation Trustee of Salesmanship Club of Dallas,Board Member of the North Texas NAIOP,Board Member of the DFW Command of the Salvation Army,UL1 member,Trustee for Incarnation Foundation,Trustee for Texas Christian University,Trustee for the Mary Potishman Lard Trust,and Trustee for Southwestern Medical Foundation. K. Neal Barker http://www.publicwerks.com/about.html 12/4/2012 Public Werks, Inc. - Public Private Partnerships for Infrastructure Page 2 of 2 Drawing on experience in financial information systems and technology,Neal Barker originally joined Public Werks to manage the company's sensitive information and technology assets.After several years supporting the company's unique projects,Mr.Barker has developed the ability to shepherd each project's various contracts,vendors and partners to successful completion while continuously improving process.Mr.Barker formerly served in leadership at a boutique consulting firm working with mid-sized enterprises to improve collaboration both within and without their respective organizations. In the decade after receiving a bachelor's degree at Texas Tech University,Mr.Barker worked with Information Systems in the financial industry through positions with Argo Data Resource Corporation,Heartland Payment Systems and Union Standard Insurance. Aylin O. Walsh Holding a Bachelor of Science degree in Business Administration from the Marshall School of Business at the University of Southern California,Aylin Walsh began her career 4 in finance as a credit analyst in the commercial real estate lending division at City National Bank in Beverly Hills,California. In 2008,Mrs. Walsh moved to Dallas to further develop her career and joined PlainsCapital Bank as a private banking and business development officer. Shortly after joining PlainsCapital Bank,Mrs.Walsh was promoted to commercial and personal lending officer.Today,her expertise as a financial analyst makes her an integral member of the Public Werks team. d M. Elyse O'Gara By coordinating the daily activities of the home office and developing necessary materials for business meetings,Elyse O'Gara provides more than administrative support to senior staff.After a stint in Washington,D.C.studying International Relations at American University,Miss O'Gara returned to Texas to study at the University of Texas at Arlington.She completed a degree in Broadcast Communications,graduating Cum Laude while also picking up a minor in Political Science and being actively involved with Zeta Tau Alpha women's fraternity. Before joining the Public Werks team,Miss O'Gara completed an internship at NBC Universal providing sales support for the Director of Business Development at Telemundo. 4.. • ••• • ••••••. op . . • ► i t Lr• I Home I About Us I Projects I Policies I In the News I Contact I Copyright©Public Werks,Inc.2006 http://www.publicwerks.com/about.html 12/4/2012 McKinney _ 1 ' FOrvtew , ` a 6 r -1'i J �.0 ' a� " j -� "`• aI 'zs CAP* f- iilli c aces - : 1 8 Mf j / CA q + ./LI ----- -..\ Min CA) to ` .— Iv ` q,p1 .y'W 1 JJJ2 .--•�i. ,ry 9 .,. Pw 4 ,J•tl �� Cava. t Si J S� I ' Ea Ma of the Project w �` =� CAW u�r G _ mow" ° ` ` ` .«`Ili' — • r cJr,n tw i }r /' 1 ,a ( 9 I.ii.. wr �'� LUcas 1 -_ - i .9 - I !S cab,. j/ . , 6, _ r I ` a 1` M.> - a ,� -: /'r� _ • r� r i a ' -.. 1 a _.. . ,,;_.t . _....,„\ ©� r ° _v^\ 1 I Mad. �d 2 OM 52 • ... � •�y I J' ^ -- a' M:• MN., `T2r./ \s // C-SEA _ - p+.: i/J ca aJ w �S 2 1 a .... 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