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05-14-2013 (City Council) Agenda Packet
74( Wylie City Council CITY:FWYLIE NOTICE OF MEETING Regular Meeting Agenda May 14, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 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. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Woodbridge Bible Fellowship -David Keuss PRESENTATIONS TO OUTGOING COUNCIL MEMBERS • Mayor Pro Tern Kathy Spillyards • Councilman David Goss May 14,2013 Wylie City Council Regular Meeting Agenda Page 2 of 4 DECLARE UNOPPOSED CANDIDATE ELECTED TO OFFICE • Presentation of Certificates of Election by Mayor Hogue to: 1. Keith Stephens, Place 1 2. Todd Wintters, Place 3 ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS • Administered by Judge Terry Douglas: PRESENTATIONS • Presentation of"Shining the Wylie Way" - 5th 6 Weeks • Presentation of Employee Milestone Anniversaries • Proclamation—Emergency Medical Services Week; May 19-25, 2013 • Presentation of Texas Media Award from the Texas State Library Association APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tern for a one year term beginning May 2013 and ending May 2014 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. 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 April 23, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to enter into Cooperative agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement No. W9126G-13-P-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law Enforcement Services from May 17, 2013 through September 03, 2013 for a sum not to exceed $60,044.06. (I Duscio, Police Chief) C. Consider and act upon approval of Ordinance 2013-21 prohibiting parking, stopping, or standing of a vehicle along Lewis Drive from Creekside Estates Drive to a point 150 north. (C. Holsted, City Engineer) May 14,2013 Wylie City Council Regular Meeting Agenda Page 3 of 4 D. Consider, act upon, Ordinance No. 2013-22 annexing a certain 8.052 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas and more particularly, being all of a tract of land conveyed to the Kansas City Southern Railway Company by instrument recorded in document number 19960719000606400, official records of real property, Collin County, Texas. (R. 011ie, Planning Director) E. Consider and act upon approval of Resolution 2013-10(R) authorizing the City Manager of the City of Wylie, Texas, to execute the partial funding interlocal agreement #2 between Collin County and the City Of Wylie concerning the construction of Woodbridge Parkway from Sh78 to Hensley Lane. (C. Holsted, City Eng.) F. Consider, and act upon, Ordinance No. 2013-23, to amend Ordinance No. 2008-49, Section 22-23 — Qualifications of members and Section 22-26 Tenure of office for the Construction Code Board. (R. 011ie, Planning Director) G. Consider, and act upon Resolution No. 2013-11(R) of the City Council of the City of Wylie, Texas, repealing Resolution No. 2012-28(R) due to clerical error; approving work with ETMC and the Southeast Collin County Emergency Medical Services Coalition to apply for grant funding through the Texas Healthcare Transformation and Quality Improvement Program in accordance with Section 1115 of the Social Security Act, known as the 1115 Waiver; and providing for an effective date. (R, Corbin, Fire Chief) H. Consider and act upon the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of $52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. (J. Butters, Asst. City Mgr.) REGULAR AGENDA 1. Consider, and act upon, the appointment of two committee members to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (C. Ehrlich, City Secretary) Executive Summary In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3)WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. 2. Consider, and act upon, the appointment of a 2013 Board and Commissions City Council Interview Panel to conduct the May/June 2013 Board/Commission applicant interviews. (C. Ehrlich, City Secretary) Executive Summary Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until the later part of May of each calendar year. Additionally, in May/June of each year, the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. May 14,2013 Wylie City Council Regular Meeting Agenda Page 4 of 4 • Presentation -Watters Consulting to do a compensation study for City of Wylie employees 3. Consider and act upon Resolution NO. 2013-12(R), a resolution of the City Council of the City of Wylie, Texas, authorizing the City Manager of the City of Wylie, Texas to direct staff and/or consultants contracted by the City for a compensation study, to utilize the selected Cities for the purpose of comparison for a salary survey. (J. Butters, Asst. City Mgr.) Executive Summary At the February 26,2013 City Council meeting Council authorized the City Manager to enter into an agreement with Watters Consulting to do compensation study for City of Wylie employees.Before a salary survey can be completed the City must decide what cites we will compare our salaries to. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discussion regarding property generally located near the intersection of McCreary Rd. and McMillen Rd. (R, Corbin, Fire Chief) RECONVENE INTO OPEN SESSION Take any action as a result from Work Session or 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 certi that this Notice of Meeting was posted on this 10th day of May, 2013 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, April 23, 2013 — 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 Hogue called the meeting to order at 6:04 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Kathy Spillyards, Councilwoman Diane Culver, Councilman David Goss, Councilman Bennie Jones (arrived at 6:20 pm), Councilman Nathan Scott, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Fire Chief, Randy Corbin; Police Chief, John Duscio; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor for the Day William Henricks Kelly gave the invocation and Fire Chief Corbin led the Pledge of Allegiance. PRESENTATIONS • Proclamation - Mayor for the Day -William Henricks Kelly Mayor Hogue introduced Junior Mayor for the Day William Henricks Kelly. Mayor Hogue explained William won the silent auction for Wylie Preparatory Academy where he is a student. The winner receives the designation as "Mayor for the Day." City Secretary Ehrlich administered the student oath of office and William presided along with the Mayor during the council meeting. All funds raised from the silent auction go to the local campus PTA. Minutes April 23, 2013 Wylie City Council Page 1 • Presentation of Motorcycle Safety Awareness Mayor Hogue presented a Proclamation designation May 2013 as "Motorcycle Safety Awareness Month". Member of the Measels Motorcycle Group were present to accept the proclamation. Members asked the public to be aware of motorcyclists and use caution on the highways. 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. Lance Wallace, President of Wylie Baseball and Softball Association addressed Council thanking them for attending the opening day celebration and the public art dedication of Community Park. He stated he had just been told the WBSA was the 6th largest association nationally. 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 April 9, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2013. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon Ordinance No. 2013-20 of the City Council of the City of Wylie, Texas, adopting Division 3 (Rules and Regulations) of Article X (Public Arts Program) of Chapter 2 (Administration) of Part 2 of the Wylie Code of Ordinances' providing for repealing, savings and severability clauses, providing for a penalty for the violation of this ordinance, providing for an effective date , and providing for the publication of the caption hereof. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. Minutes April 23, 2013 Wylie City Council Page 2 REGULAR AGENDA PUBLIC HEARING 1. 2"d PUBLIC HEARING ANNEXATION: Conduct a 2"d Public Hearing for the annexation of an 8.052 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, which is contiguous to the City of Wylie, in Collin County, Texas, generally located on County Road 384 (Skyview Court) and north of S.H. 78. (1st PH 04-09-13; 2nd PH 04/23/13) (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that this annexation is at the request of the property owner, Kansas City Southern Railway Company and applicant, Multatech Engineering, Inc. The subject tract is contiguous to and is surrounded by other KCS properties currently within city limits. The request is to allow for the rezoning of said property and the potential development of a KCS Intermodal Facility in Wylie. 011ie reported there was no action required tonight but final consideration of the annexation would be help during the May 14, 2013 regular council meeting. 2. Consider, and act upon, Ordinance No. 2013-19 amending Ordinance No. 2012-27 (2012-2013 Budget) for proposed mid-year amendments for fiscal year 2012-2013. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. Council Action A motion was made by Councilman White, seconded by Councilman Scott to approve Ordinance No. 2013-19 amending Ordinance No. 2012-27 (2012-2013 Budget) for proposed mid-year amendments for fiscal year 2012-2013. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District (NTMWD) Board to fill an expired term of May 31, 2013 to May 31, 2015. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the Board of Directors of the North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member Cities for assuring that NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the Cities receiving services. Ehrlich explained the NTMWD board consists of 18 members representing all member cities. She noted that NTMWD stated that board members average 10 — 30 years on the board to gain knowledge and to communicate the needs of their representative cities. Ehrlich reported that Robert Thurmond and Marvin Minutes April 23, 2013 Wylie City Council Page 3 Fuller were the two board members representing the City of Wylie. Robert Thurmond's term will expire on May 31, 2013; he has indicated he is willing to serve another term. Council Action A motion was made by Councilman Jones, seconded by Councilman Goss to re-appoint Robert Thurmond to the North Texas Municipal Water District (NTMWD) to serve an additional term of May 31, 2013 to May 31, 2015. A vote was taken and the motion passed 7-0. 4. Consider, and act upon approval of a Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City of Wylie for 2.221 acres of right of way for the McMillen Road paving project. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on March 27, 2012 Council approved an Interlocal Agreement for the McCreary Road Paving and Drainage Improvements with the City of Murphy. The agreement outlines each cities responsibility for the construction of McCreary Road and the storm sewer improvement in McMillen Road. Staff proceeded with obtaining a right of entry from the property owner at the north east corner of the McCreary Road and McMillen Road intersection to allow the storm sewer to be installed. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Scott to a Dedication and Impact Fee Agreement between Creekside Development Inc. and the City of Wylie for 2.221 acres of right of way for the McMillen Road paving project. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No.'s 2013-19 and 2013-20 into the official record. WORK SESSION • Presentation and discussion of the draft Communications Audit Report and Strategic Recommendations by Cooksey Communications. (M. Manson, City Manager) City Manager Manson addressed Council stating that the Communication Audit Report and Strategic Recommendations from Cooksey Communications have been completed and the firm had presented their recommendations in moving forward at the March 26th council meeting. During the discussion, council recommended further review of the survey and recommendations and time to respond with comments to staff; to be discussed in a future work session. Manson reported some comments had been received and were included in the packet. She asked that the firm and council discuss the comments and recommendations tonight and hopefully come to an agreement toward an approved plan. She noted the posting was made to allow council to take action tonight if they wished to do so. Minutes April 23, 2013 Wylie City Council Page 4 Gayle Cooksey, President of Cooksey Communications addressed council stating that she had enjoyed working with council, staff and key stockholders in the preparation of the Communications Audit Report. She stated the city made a large investment when the decision was made to contract with Cooksey. Now the council is ready to discuss "next steps" to be taken in creating a plan for communications. Cooksey reported that the one thing the firm heard loud and clear was the city wished to have more marketing, branding, and more Public Relations. She noted there was a big difference between public information and marketing/branding and public relations. Public Information is the dissemination of "need to know" information to citizens. Marketing is taking your communication to another level; influencing peoples' opinions in a positive manner. She stated that in her opinion this is what was missing in Wylie. Cooksey reported most external stakeholders were happy with the dissemination of public information via the website, newsletters, marque and other media. Community stakeholders also commented that in the past few years, this communication was more effective. She noted that requests were to brand Wylie; know what events are going on and what is great about the City. Marketing can mean many things. It is proactive media relations, promotions, major events and civic involvement. These processes blend together to establish the city's image and identity. She noted this is what the council wants to identify to brand and market the city and takes the city to the next level. She reported this major step will involve more resources and funding to reach this next step. This will include retaining a marketing director or outside resource to drive this initiative. It will take both a public information staff and a marketing staff in order to move forward. Councilwoman Culver asked for some budgetary recommendations in order to decide what to move forward with. City Manager Manson replied that until the council conveyed what the council wanted to move forward with in the plan, budgetary information would be hard to compile. Mayor Hogue asked if the firm and staff were looking for direction from council regarding whether council wished to move forward with the market/branding plan. Mayor Pro Tern Spillyards stated that a desired marketing/branding plan has been communicated by the council for the past few years and council has been unable to implement a plan. The city set aside funding for the survey and still has some funding available to move forward to provide a plan. City Manager Manson explained that funding was set aside for the survey and $40,000 was left from the survey funding that could be used this year to begin the process. Direction from council was to research moving forward with recommendations for the Marketing/Branding Plan and costs associated with the plan. Mayor Hogue convened into regular session. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Council Action A motion was made by Mayor Pro Tem Spillyards, seconded by Councilwoman Culver to retain the services of Cooksey Communications at a maximum fee of $6,000 per month for a period beginning May 1, 2013 and ending September 30, 2013. A vote was taken and the motion passed 7-0. Minutes April 23, 2013 Wylie City Council Page 5 WORK SESSION • Discussion regarding the allocation of remaining contingency funds from 2005 Park Bond projects related to Founders and Community Park. (M. Sferra-R. Diaz, Public Services) Recreation Supervisor Robert Diaz addressed council stating that In a previous joint Park Board/City Council Work Session held on May 31, 2011, it was stipulated that if sufficient funds were available after completion of the 2005 Park Bond projects, separate contracts would be pursued to accomplish the following (in order of importance): 1. Concession/restrooms for football 2. Concession/restrooms for T-ball fields 3. Bleachers 4. Football scoreboard and/or press box Diaz reported after completion of the 2005 Park Bond projects, the remaining contingency funds are estimated to be $79,800. He explained the Park Board discussed the allocation of these remaining funds during their past four regular meetings and has come to the following consensus: 1. Build a restroom facility for T-ball at Community Park. The estimated cost for engineering and construction is $55,000 - $60,000. 2. After completion of the restroom facility, use remaining funds to acquire bleacher covers for the four baseball fields at Community Park. WBSA has indicated that they would be willing to participate with the City and contribute $35,000 toward the acquisition of bleacher covers. In addition any funds still available, could acquire bleachers for Cooper field. At the recent Park Board meetings, the Board concluded that the existing restrooms at Founders Park are adequate for use by football league participants. At some point in the future, the Board would welcome construction of a restroom facility at Founders Park, but in the meantime, they acknowledge that building a T-ball restroom now would essentially allow Community Park to be complete. Diaz reported the Parks and Recreation Board and staff recommend these items in the order presented. Direction from Council was to move forward with the items recommended in the same priorities, based on the remaining funding. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into regular session at 7:48 p.m. Minutes April 23, 2013 Wylie City Council Page 6 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Goss, seconded by Councilman Jones to adjourn the meeting at 7:49 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes April 23, 2013 Wylie City Council Page 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 14, 2013 Item Number: B Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: April 15, 2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Mayor to enter into Cooperative agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-13-P- 0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 17, 2013 through September 03, 2013 for a sum not to exceed $60,044.06. Recommendation Motion to approve, authorizing the Mayor to enter into Cooperative agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-13-P-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 17, 2013 through September 03, 2013 for a sum not to exceed$60,044.06. Discussion Each summer the U.S Army Corp of Engineers contracts with the City of Wylie to provide police officers to patrol the lake parks which are inside the City limits. The officers patrol East Fork Park, Avalon Park, the corps office and spillway area, Lavonia Park, Motocross area, Mallard Park, Little Ridge Park, and Pebble Beach Park. The Corp of Engineers pays for all costs associated with the delivery of services including officers pay and benefits, administrative support, and mileage. The Corp also pays all costs associated with bringing in additional dispatchers on the weekend due to Lake Patrol activity. Page 1 of 1 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 45 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24,AND 30 W45XMA31003461 2.CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION ISSUE DATE W9126G-13-P-0112 12-Apr-2013 W9126G-13-T-0022 04-Mar-2013 7.FOR SOLICITATION a.NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCAL TIME INFORMATION CALL: RUBY ORINGDE-+f 817-886-1268 02:00 PM 06 Mar 2013 9. ISSUED BY CODE W9126G 10.THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS US ARMY CORPS OF ENGINEERS FORT WORTH X UNRESTRICTED DESTINATION UNLESS Net 30 Days 819 TAYLOR ST, RM 2A17 SET ASIDE: %FOR BLOCK IS MARKED FORT WORTH TX 76102-0300 --SB n SEE SCHEDULE -HUBZONE SB Inl 13a.THIS CONTRACT IS A RATED ORDER 8(A) I I UNDER DPAS(15 CFR 700) 13b. RATING SVC-DISABLED VET-OWNED SB TEL: (817)886-1043 - 14. METHOD OF SOLICITATION EMERGING SB FAX: (817)886-6403 SIZE STD: NAICS:922120 X RFQ ❑IFB ElRFP 15. DELIVER TO CODE 967430 16.ADMINISTERED BY CODE LAVON PROJECT OFC UNKNOWN 3375 SKWIEW DRIVE FT WORTH DIST WYLIE TX75098 SEE ITEM 9 17a.CONTRACTOR/OFFEROR CODE 311B5 18a. PAYMENT WILL BE MADE BY CODE 964145 WYLIE,CITY OF MILLINGTON 2000 N HWY 78 USACE FINANCE CENTER,ATTN:CEFC-AO P WYLIE TX 75098-6043 5722 INTEGRITY DRIVE MILLINGTON TN 38054-5005 FACILITY TEL. CODE - 17b.CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.UNLESS BLOCK -SUCH ADDRESS IN OFFER BELOW IS CHECKED n SEE ADDENDUM 19. ITEM NO. 20.SCHEDULE OF SUPPLIES/SERVICES 21.QUANTITY 22. UNIT 23.UNIT PRICE 24.AMOUNT SEE SCHEDULE 25.ACCOUNTING AND APPROPRIATION DATA 26.TOTAL AWARD AMOUNT(For Govt. Use Only) See Schedule $60,044.06 ❑27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3.52.212-5 ARE ATTACHED. ADDENDA RARE RARE NOT ATTACHED 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4.FAR 52.212-5 IS ATTACHED. ADDENDA DARE DARE NOT ATTACHED 28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES 29.AWARD OF CONTRACT:REFERENCE -TO ISSUING OFFICE.CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OFFER DATED . YOUR OFFER ON SOLICITATION -SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS -(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31 c. DATR STGNED 30b.NAME AND TITLE OF SIGNER 30c.DATE SIGNED 31b. NAME, OF CONTRACTING OFFICER (TYPE OR PRINT) (TYPE OR PRINT) TEL: EMAIL: AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR(48 CFR)53.212 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF45 (CONTINUED) 19. ITEM NO. 20.SCHEDULE OF SUPPLIES/SERVICES 21.QUANTITY 22.UNIT 23.UNIT PRICE 24.AMOUNT SEE SCHEDULE 32a.QUANTITY IN COLUMN 21 HAS BEEN —RECEIVED I II INSPECTED ACCEPTED,AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: • 32b.SIGNATURE OF AUTHORIZED GOVERNMENT 32c.DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33.SHIP NUMBER 34.VOUCHER NUMBER 35.AMOUNT VERIFIED 36.PAYMENT 37.CHECK NUMBER CORRECT FOR PARTIAL I FINAL ElCOMPLETE ElPARTIAL ElFINAL 38.S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a.RECEIVED BY (Print) 41b.SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b.RECEIVED AT(Location) 42c.DATE REC'D (YY/MM/DD) 42d.TOTAL CONTAINERS AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR(48 CFR)53.212 Section B- Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Lump Sum $60,044.06 $60,044.06 Funded Amt: $60,044.06 Law Enforcement Services 2013 NAICS CD: 922120 See attached Bid Schedule,Performance Work Statement,and Quality Assurance FSC CD:R499 Suveillance Plan All invoices shall be mailed to: USACE,Lavon Lake ATTN: Michael Kinard 3375 Skyview Drive Wylie,TX 75098 POC for this action is Ruby Oringderff,Contract Specialist,817-886-12-68.E- mail: ruby.j.oringderff@usace.army.mil "Only a warranted Contracting Officer(either a Procuring Contracting Officer (PCO),or an Administration Contracting Officer(ACO)),acting within their delegated limts,has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer." COST PROPOSAL CONTRACT FOR INCREASED LAW ENFORCEMENT SERVICES Lavon Lake—2013 City of Wylie Police Deparment COST PROPOSAL LABOR: Patrol Officers: 752 hrs x 42.66/hr $32,080.32 (avg O/T rate for officers working this contract) Supervisor: 15 hrs x$68.04/hr $ 1,020.60 Clerical Support: 20 hrs x$34.69/hr $ 693.80 Dispatch(weekend) 272 hrs x$28.53/hr $ 7,760.16 FICA/Medicare: 0.0765 x$41,554.88 $ 3,178.95 Liability Ins(Officers) .32/hr x 752 hrs $ 240.64 TMRS(retirement) .1314 x$41,554.88 $ 5,460.31 Workers Comp. .0528 x$41,554.88 $ 2,194.10 $52,628.88 3 TOTAL LABOR: (Labor cost/hr: $60,044.06/752 hrs=$79.85/hr) VEHICLE COST: Est.Mileage 9,500 x allowed cost/mile$0.565= $ 5,367.50 CONTRACT SUMMARY: Labor Cost $52,628.88 Vehicle Cost $ 5,367.50 TOTAL SERVICES COST $57,996.38 PLUS one hour orientation cost (one man-hr x 48 officers) $ 2,047.68 TOTAL CONTRACT PRICE: $60,044.06 4 Section C-Descriptions and Specifications PWS PERFORMANCE WORK STATEMENT (PWS) Increased Law Enforcement Services, City of Wylie Lavon Lake 2013 1. GENERAL: This is a non-personal services contract to provide increased law enforcement services at Lavon Lake. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform increased law enforcement services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract. 1.2. Scope: Wylie Police Department (Contractor) agrees to provide a specific level of increased law enforcement services for that part of Lavon Lake lying within the City of Wylie's jurisdiction for the purpose of enforcement of State and local criminal and civil laws. Services include vehicular patrol by the contractor of the interior roads of East Fork, Avalon, Lavonia, Mallard, Little Ridge, and Pebble Beach Parks. The contractor shall accomplish enforcement of state and local laws, warnings for Title 36 violations, monitoring of visitor use to increase public safety, and assisting Corps of Engineers rangers with their visitor assistance duties if requested. When requested by the Corps of Engineers representative, the Police Department agrees to dispatch an officer or officers, within his manpower capabilities, to unforeseen or emergency situations. This assistance will be considered non-reimbursable. 1.3 Period of Performance: Contractor shall provide described services on certain days of the week from 17 May through 3 September, 2013, for a total of 752 patrol hours, further specified in Appendices A &B to this PWS. Effective start date is 1 May 2013 or after the contractor has been notified by the Contracting Officer, Fort Worth District, that the contract has been executed,whichever is later. Patrols will be conducted based on the attached schedule (See Appendices A and B). 1.4 General Information 1.4.1 Quality Control (Not applicable) 1.4.2 Quality Assurance: The Contractor will prepare a Daily Log in accordance with the attached format(Appendix C) or format accepted by the QA POC. The log will be completed daily and submitted at the close of each month to the Corps of Engineers 5 Quality Assurance Point of Contact(QA POC) listed in paragraph 1.4.11 of this plan. Any arrest or serious incident report should be forwarded to the Lavon Lake Office upon completion of the initial report. The Government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied. 1.4.3 Government Holidays: Contractor will be required to perform services on those Federal holidays falling during the contract period, namely, Memorial Day, Independence Day and Labor Day (see Appendices A and B). 1.4.4 Hours of Operation: [Not applicable] 1.4.5 Place of Performance: The work to be performed under this contract will be performed at Corps administered lands in Wylie Police Depai linent's jurisdiction as specified in Para. 1.2. State and local law enforcement agencies generally have the same authority and responsibilities on Corps administered lands as they do elsewhere in their respective jurisdictions. Because of this, requests by the Lake Manager or his authorized representatives for emergency or unanticipated law enforcement assistance will be considered non-reimbursable. 1.4.6 Type of Contract: The government will award a firm fixed price contract 1.4.7 Security Requirements: (Not applicable) 1.4.8 Special Qualifications: All Contractor personnel shall be certified and licensed Texas Peace Officers. The Contractor will provide the Corps representative designated in paragraph 1.4.11 the name of each Officer who will be performing scheduled work under this contract, in advance of the scheduled work. 1.4.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 6 1.4.10 Contracting Officer Representative (COR): A COR will not be appointed for this contract. Quality Assurance duties will be performed by the QA POC designated in Paragraph 1.4.11 1.4.11 Key Personnel: The following personnel are considered key personnel by the Government, and will serve as the Corps QA POC: Michael K. Kinard, Lake Manager, Lavon Lake; Alternate: Curry Murphy, Park Ranger, Lavon Lake. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. 1.4.12 Identification of Contractor Employees: All officers performing services under this contract shall wear standard uniforms normally worn by the law enforcement agency. All patrol vehicles shall have standard insignia and markings normally used by the law enforcement agency. 1.4.13 Contractor Travel (Not applicable): 1.4.14 Data Rights (Not applicable) 1.4.15 Organizational Conflict of Interest: (Not applicable) 1.5. GOVERNMENT FURNISHED ITEMS AND SERVICES: (Not applicable) 1.6 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 1.6.1 General: The Contractor shall furnish all manpower, vehicles, supplies, equipment, facilities and services required to perform work under this contract. 1.6.2 Equipment: The Contractor shall provide all patrol vehicles and equipment required to perform services under this contract. All such vehicles shall have standard insignia and markings normally used by the law enforcement agency. Patrol vehicles shall also be equipped with standard law enforcement type lights, radios, and any other standard equipment necessary to perform the required services. The Contractor shall be responsible for all vehicle costs, including insurance, fuel, service and maintenance, and any other costs associated with the operation of each vehicle. 1.6.3. Materials (Not applicable). 1.7 CONTRACTOR MANAGEMENT REPORTING (CMR) (Not applicable) 1.8 APPLICABLE PUBLICATIONS (CURRENT EDITIONS) (Not applicable) 7 1.9.1 Attachment 1/Technical Exhibit 1 —Performance Requirements Summary 1.9.2 Attachment 2/Technical Exhibit 2—Deliverables Schedule 19.3 Appendix A—Patrol Schedule 19.4 Appendix B—Hours by Month 19.5 Appendix C—Daily Enforcement Action Summaries 19.6 Appendix D—Law Enforcement Park Log 2.0 MISCELLANEOUS PROVISIONS: 2.1 Orientation: An appropriate orientation for all participating contract personnel will be conducted by the Corps of Engineers staff to familiarize the Contractor with the policies and procedures of the Corps, and to familiarize Corps personnel with the functions and duties of the contracted law enforcement agency. 8 TECHNICAL EXHIBIT 1 Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. Performance Standard Performance Threshold Method of Surveillance Objective The contractor shall The contractor All required shifts were Contractor's Daily provide additional provides visible covered and the specified Enforcement Action patrolling presence and presence and contract services were Summaries turned in by discretionary law actions in the performed. Contractor Contractor will be enforcement actions in designated areas at coordinated in advance with examined by QA POC to specified areas to help the specified days Corps key personnel in the ensure accuracy prior to keep the peace and and times. event of an unforeseen event authorizing payment. increase public safety which prevented an officer in parks and other from serving all or part of a designated Corps areas. shift, which would not be billable to the Government. 9 TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE Number of Medium/ Deliverable Frequency Copies Format Submit To Contract Once within 5 One copy Hard copy, US Army Corps of manager and days of contract FAX, or email Engineers alternate award Attn: Michael Kinard designated in 3375 Skyview Drive writing Wylie, Texas 75098 Invoice for Submitted to One copy of Hard copy, US Army Corps of contract services Corps by the 5th the invoice, FAX, or email Engineers performed; of every month, submitted to Attn: Michael Kinard includes billing listing contract the Corps QA 3375 Skyview Drive start/end dates, services POC Wylie, Texas 75098 hours worked, performed total charges. during the previous calendar month. Daily To Corps with One copy Hard copy, US Army Corps of Enforcement monthly invoice FAX, or email Engineers Action Attn: Michael Kinard Summaries 3375 Skyview Drive Wylie, Texas 75098 10 PERFORMANCE WORK STATEMENT APPENDIX A PATROL SCHEDULE 2013 11 May 2013 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Total Hours=100hrs 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1900-2300=4hrs 1500-2330=8hrs 19 20 21 22 23 24 25 1500-2330=8hrs 1900-2300=4hrs 1500-2330=8hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 26 27 28 29 30 31 1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 12 June 2013 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 Total Hours=188hrs 1200-2030=8hrs 1500-2330=8hrs 2 3 4 5 6 7 8 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 9 10 11 12 13 14 15 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 16 17 18 19 20 21 22 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 23 24 25 26 27 28 29 1100-1500=4hrs 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 30 1500-2330=8hrs 1100-1500=4hrs 1500-2330=8hrs 1500-2330=8hrs 13 July 2013 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 Total Hours=228hrs 1900-2300=4hrs 1900-2300=4hrs 1200-2030=8hrs 1200-1600=4hrs 1200-1600=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 7 8 9 , 10 11 12 13 1100-1930=8hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1900-2300=4hrs 1500-2330=8hrs 14 15 16 17 18 19 20 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 21 22 23 24 25 26 27 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 28 29 30 31 1100-1500=4hrs 1900-2300=4hrs 1500-2330=8hrs 14 August 2013 Sunday Monday I Tuesday Wednesday Thursday Friday Saturday 1 2 3 Total Hours=192hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 4 5 6 7 8 9 10 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 11 12 13 14 15 16 17 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 18 19 20 1 21 22 23 24 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1200-1600=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 25 26 27 28 29 30 31 1100-1500=4hrs 1900-2300=4hrs 1500-2330=8hrs 1200-1600=4hrs 1500-2330=8hrs 1900-2300=4hrs 1500-2330=8hrs 1500-2330=8hrs 15 Se tember 2013 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total Hours=44hrs 1 2 3 4 5 6 7 1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ' 25 26 27 28 29 Grand Total Hours=752 16 W9126G-13-P-0112 Page 18 of 45 PERFORMANCE WORK STATEMENT APPENDIX B HOURS BY MONTH 2013 May: 9 shifts X 8 hours=72 hours 7 shifts X 4 hours=28 hours (Includes Memorial Day) June: 15 shifts X 8 hours= 120 hours 17 shifts X 4 hours=68 hours July: 19 shifts X 8 hours= 152 hours 19 shifts X 4 hours=76 hours (Includes Independence Day) August: 15 shifts X 8 hours= 120 hours 18 shifts X 4 hours=72 hours September: 4 shifts X 8 hours=32 hours 3 shifts X 4 hours= 12 hours (Includes Labor Day) Total=752 Hours W9126G-13-P-0112 Page 19 of 45 APPENDIX C DAILY ENFORCEMENT ACTION SUMMARY OPERATING AGENCY: Wylie Police Department OFFICERS NAME: DATE: TIME STARTED: TIME ENDED: TOTAL HOURS: ABBREVIATIONS: A=Arrest C=Citation W=Written Warning V=Verbal Warning OFFENCE Action NOTES TITLE A C W V Include the name of the park where offense occurred Vehicle Offense Parking Speeding Reckless State Req. DWI Other Total Conduct Offense Loud/Unruly Pubic Intox Cont Subst. Minor Poss. Theft Vandal Litter Weapons Assault Other Total TOTALS *** For all arrests and evictions include details on back *** W9126G-13-P-0112 Page 20 of 45 Officer Number: Date: Signature: Appendix D Law Enforcement Park Log Officer's Attendant's Date Time In Time Out Initials Initials Comments W9126G-13-P-0112 Page 21 of 45 Section G-Contract Administration Data ACCOUNTING AND APPROPRIATION DATA AA:96 NA X/X 3123.0000 CCS:210 M2 X 08 2455 009580 96412 2540 2G170K NA 20778C AMOUNT:$60,044.06 CIN W45XMA310034610001:$60,044.06 W9126G-13-P-0112 Page 22 of 45 Section I-Contract Clauses CLAUSES INCORPORATED BY FULL TEXT 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL(JAN 2011) (a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12(HSPD-12),Office of Management and Budget(OMB) guidance M-05-24,and Federal Information Processing Standards Publication(FIPS PUB)Number 201. (b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following,unless otherwise determined by the Government: (1)When no longer needed for contract performance. (2)Upon completion of the Contractor employee's employment. (3)Upon contract completion or termination. (c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d)The Contractor shall insert the substance of this clause,including this paragraph(d),in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph(b)of this section,unless otherwise approved in writing by the Contracting Officer. (End of Clause) 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (AUG 2012) (a) Definitions.As used in this clause: Executive means officers,managing partners,or any other employees in management positions. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services(including construction)for performance of a prime contract.It does not include the Contractor's supplier agreements with vendors,such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following(for more information see 17 CFR 229.402(c)(2)): W9126G-13-P-0112 Page 23 of 45 (1)Salary and bonus. (2)Awards of stock,stock options,and stock appreciation rights.Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification(FASB ASC)718,Compensation- Stock Compensation. (3)Earnings for services under non-equity incentive plans.This does not include group life,health,hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4)Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5)Above-market earnings on deferred compensation which is not tax-qualified. (6)Other compensation,if the aggregate value of all such other compensation(e.g.,severance,termination payments,value of life insurance paid on behalf of the employee,perquisites or property) for the executive exceeds$10,000. (b)Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub.L. 109-282),as amended by section 6202 of the Government Funding Transparency Act of 2008(Pub.L. 110-252),requires the Contractor to report information on subcontract awards. The law requires all reported information be made public,therefore,the Contractor is responsible for notifying its subcontractors that the required information will be made public. (c)Nothing in this clause requires the disclosure of classified information. (d)(1)Executive compensation of the prime contractor.As a part of its annual registration requirement in the Central Contractor Registration(CCR)database(FAR clause 52.204-7),the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year,if— (i)In the Contractor's preceding fiscal year,the Contractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (B)$25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts),loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (ii)The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.). (2)First-tier subcontract information.Unless otherwise directed by the contracting officer,or as provided in paragraph(g)of this clause,by the end of the month following the month of award of a first-tier subcontract with a value of$25,000 or more,the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) W9126G-13-P-0112 Page 24 of 45 (i)Unique identifier(DUNS Number)for the subcontractor receiving the award and for the subcontractor's parent company,if the subcontractor has a parent company. (ii)Name of the subcontractor. (iii)Amount of the subcontract award. (iv)Date of the subcontract award. (v)A description of the products or services(including construction)being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi)Subcontract number(the subcontract number assigned by the Contractor). (vii)Subcontractor's physical address including street address,city,state,and country.Also include the nine-digit zip code and congressional district. (viii)Subcontractor's primary performance location including street address,city,state,and country.Also include the nine-digit zip code and congressional district. (ix)The prime contract number,and order number if applicable. (x)Awarding agency name and code. (xi)Funding agency name and code. (xii)Government contracting office code. (xiii)Treasury account symbol(TAS)as reported in FPDS. (xiv)The applicable North American Industry Classification System code(NAICS). (3)Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer,by the end of the month following the month of award of a first-tier subcontract with a value of$25,000 or more,and annually thereafter(calculated from the prime contract award date),the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov,if (i) In the subcontractor's preceding fiscal year,the subcontractor received— (A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts), loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (B)$25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts), loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (ii)The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,see the U.S. Security and Exchange Commission W9126G-13-P-0112 Page 25 of 45 total compensation filings at http://www.sec.gov/answers/execomp.htm.) (e)The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph(d). (f)The Contractor is required to report information on a first-tier subcontract covered by paragraph(d)when the subcontract is awarded.Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires. (g)(1)If the Contractor in the previous tax year had gross income,from all sources,under $300,000,the Contractor is exempt from the requirement to report subcontractor awards. (2)If a subcontractor in the previous tax year had gross income from all sources under$300,000, the Contractor does not need to report awards for that subcontractor. (h)The FSRS database at http://www.fsrs.gov will be prepopulated with some information from CCR and FPDS databases.If FPDS information is incorrect,the contractor should notify the contracting officer.If the CCR database information is incorrect,the contractor is responsible for correcting this information. (End of clause) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(DEC 2010) (a)Definition. Commercially available off-the-shelf(COTS)item,as used in this clause-- (1)Means any item of supply(including construction material)that is-- (i)A commercial item(as defined in paragraph(1)of the definition in FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace;and (iii)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form in which it is sold in the commercial marketplace;and (2)Does not include bulk cargo,as defined in section 3 of the Shipping Act of 1984(46 U.S.C.App. 1702),such as agricultural products and petroleum products. (b)The Government suspends or debars Contractors to protect the Government's interests.Other than a subcontract for a commercially available off-the-shelf item,the Contractor shall not enter into any subcontract,in excess of $30,000 with a Contractor that is debarred,suspended,or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c)The Contractor shall require each proposed subcontractor whose subcontract will exceed$30,000,other than a subcontractor providing a commercially available off-the-shelf item,to disclose to the Contractor,in writing, whether as of the time of award of the subcontract,the subcontractor,or its principals,is or is not debarred, suspended,or proposed for debarment by the Federal Government. W9126G-13-P-0112 Page 26 of 45 (d)A corporate officer or a designee of the Contractor shall notify the Contracting Officer,in writing,before entering into a subcontract with a party(other than a subcontractor providing a commercially available off-the-shelf item)that is debarred,suspended,or proposed for debarment(see FAR 9.404 for information on the Excluded Parties List System).The notice must include the following: (1)The name of the subcontractor. (2)The Contractor's knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3)The compelling reason(s)for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (4)The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment,suspension, or proposed debarment. (e) Subcontracts.Unless this is a contract for the acquisition of commercial items,the Contractor shall include the requirements of this clause,including this paragraph(e)(appropriately modified for the identification of the parties), in each subcontract that-- (1)Exceeds$30,000 in value;and (2)Is not a subcontract for commercially available off-the- shelf items. (End of clause) 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT(OCT 1997) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a)The Schedule(excluding the specifications). (b)Representations and other instructions. (c)Contract clauses. (d)Other documents,exhibits,and attachments. (e)The specifications. (End of clause) 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract,the Contractor shall immediately give notice,including all relevant information,to the W9126G-13-P-0112 Page 27 of 45 Contracting Officer. (End of clause) 52.222-3 CONVICT LABOR(JUN 2003) (a)Except as provided in paragraph(b)of this clause,the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa,Guam,or the U.S.Virgin Islands. (b)The Contractor is not prohibited from employing persons-- (1)On parole or probation to work at paid employment during the term of their sentence; (2)Who have been pardoned or who have served their terms;or (3)Confined for violation of the laws of any of the States,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa,Guam,or the U.S.Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction,if-- (i)The worker is paid or is in an approved work training program on a voluntary basis; (ii)Representatives of local union central bodies or similar labor union organizations have been consulted; (iii)Such paid employment will not result in the displacement of employed workers,or be applied in skills,crafts, or trades in which there is a surplus of available gainful labor in the locality,or impair existing contracts for services; (iv)The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed;and (v)The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755,as amended by Executive Orders 12608 and 12943. (End of clause) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES(FEB 1999) (a) Segregated facilities,as used in this clause,means any waiting rooms,work areas,rest rooms and wash rooms, restaurants and other eating areas,time clocks,locker rooms and other storage or dressing areas,parking lots, drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race,color,religion,sex,or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b)The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments,and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. W9126G-13-P-0112 Page 28 of 45 (c)The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. (End of clause) 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(MAY 2011) (a)Definitions.As used in this clause-- "Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65." (b)Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right- to-Know Act of 1986(EPCRA)(42 U.S.C. 11001-11050),and the Pollution Prevention Act of 1990(PPA)(42 U.S.C. 13101-13109). (c)The Contractor shall provide all information needed by the Federal facility to comply with the following: (1)The emergency planning reporting requirements of section 302 of EPCRA. (2)The emergency notice requirements of section 304 of EPCRA. (3)The list of Material Safety Data Sheets,required by section 311 of EPCRA. (4)The emergency and hazardous chemical inventory forms of section 312 of EPCRA. (5)The toxic chemical release inventory of section 313 of EPCRA,which includes the reduction and recycling information required by section 6607 of PPA. (6)The toxic chemical and hazardous substance release and use reduction goals of section 2(e)of Executive Order 13423 and of Executive Order 13514. (End of clause) 52.223-10 WASTE REDUCTION PROGRAM(MAY 2011) (a)Definitions.As used in this clause-- Recycling means the series of activities,including collection,separation,and processing,by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion. Waste prevention means any change in the design,manufacturing,purchase,or use of materials or products (including packaging)to reduce their amount or toxicity before they are discarded.Waste prevention also refers to the reuse of products or materials. Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling,or purchasing recycled and environmentally preferable products. W9126G-13-P-0112 Page 29 of 45 (b)Consistent with the requirements of section 3(e)of Executive Order 13423,the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. (End of clause) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (a)Definitions.As used in this clause-- Driving— (1)Means operating a motor vehicle on an active roadway with the motor running,including while temporarily stationary because of traffic,a traffic light,stop sign,or otherwise. (2)Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of,or off,an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device,including for the purpose of short message service texting,e-mailing,instant messaging,obtaining navigational information,or engaging in any other form of electronic data retrieval or electronic data communication.The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle,provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b)This clause implements Executive Order 13513,Federal Leadership on Reducing Text Messaging while Driving,dated October 1,2009. (c)The Contractor is encouraged to-- (1)Adopt and enforce policies that ban text messaging while driving-- (i)Company-owned or-rented vehicles or Government-owned vehicles;or (ii)Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2)Conduct initiatives in a manner commensurate with the size of the business,such as-- (i)Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving;and (ii)Education,awareness,and other outreach to employees about the safety risks associated with texting while driving. (d)Subcontracts.The Contractor shall insert the substance of this clause,including this paragraph(d),in all subcontracts that exceed the micro-purchase threshold. (End of clause) W9126G-13-P-0112 Page 30 of 45 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES(JUN 2008) (a)Except as authorized by the Office of Foreign Assets Control(OFAC)in the Department of the Treasury,the Contractor shall not acquire,for use in the performance of this contract,any supplies or services if any proclamation,Executive order,or statute administered by OFAC,or if OFAC's implementing regulations at 31 CFR chapter V,would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b)Except as authorized by OFAC,most transactions involving Cuba,Iran,and Sudan are prohibited,as are most imports from Burma or North Korea,into the United States or its outlying areas.Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerListl.html.More information about these restrictions,as well as updates,is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/. (c)The Contractor shall insert this clause,including this paragraph(c),in all subcontracts. (End of clause) 52.232-1 PAYMENTS(APR 1984) The Government shall pay the Contractor,upon the submission of proper invoices or vouchers,the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted,less any deductions provided in this contract.Unless otherwise specified in this contract,payment shall be made on partial deliveries accepted by the Government if-- (a)The amount due on the deliveries warrants it;or (b)The Contractor requests it and the amount due on the deliveries is at least$1,000 or 50 percent of the total contract price. (End of clause) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT(FEB 2002) (a)Discounts for prompt payment will not be considered in the evaluation of offers.However,any offered discount will form a part of the award,and will be taken if payment is made within the discount period indicated in the offer by the offeror.As an alternative to offering a discount for prompt payment in conjunction with the offer,offerors awarded contracts may include discounts for prompt payment on individual invoices. (b)In connection with any discount offered for prompt payment,time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice,the due date shall be calculated from the date the designated billing office receives a proper invoice,provided the agency annotates such invoice with the date of receipt at the time of receipt.For the purpose of computing the discount earned,payment shall be considered to have been made on the date that appears on the payment check or,for an electronic funds transfer,the specified payment date.When the discount date falls on a Saturday, Sunday,or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted,payment may be made on the following business day. W9126G-13-P-0112 Page 31 of 45 (End of clause) 52.232-23 ASSIGNMENT OF CLAIMS(JAN 1986) (a)The Contractor,under the Assignment of Claims Act,as amended,31 U.S.C. 3727,41 U.S.C. 15 (hereafter referred to as "the Act"),may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank,trust company,or other financing institution,including any Federal lending agency.The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b)Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract,and shall not be made to more than one party,except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c)The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract)or information related to work under this contract until the Contracting Officer authorizes such action in writing. (End of clause) 52.233-1 DISPUTES. (JUL 2002) (a)This contract is subject to the Contract Disputes Act of 1978,as amended(41 U.S.C. 601-613). (b)Except as provided in the Act,all disputes arising under or relating to this contract shall be resolved under this clause. (c)"Claim,"as used in this clause,means a written demand or written assertion by one of the contracting parties seeking,as a matter of right,the payment of money in a sum certain,the adjustment or interpretation of contract terms,or other relief arising under or relating to this contract.However,a written demand or written assertion by the Contractor seeking the payment of money exceeding$100,000 is not a claim under the Act until certified.A voucher,invoice,or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act,by complying with the submission and certification requirements of this clause,if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1)A claim by the Contractor shall be made in writing and,unless otherwise stated in this contract,submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision.A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i)The Contractor shall provide the certification specified in paragraph(d)(2)(iii)of this clause when submitting any claim exceeding$100,000. (ii)The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. W9126G-13-P-0112 Page 32 of 45 (iii)The certification shall state as follows: "I certify that the claim is made in good faith;that the supporting data are accurate and complete to the best of my knowledge and belief;that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable;and that I am duly authorized to certify the claim on behalf of the Contractor." (3)The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e)For Contractor claims of$100,000 or less,the Contracting Officer must,if requested in writing by the Contractor,render a decision within 60 days of the request.For Contractor-certified claims over$100,000,the Contracting Officer must,within 60 days,decide the claim or notify the Contractor of the date by which the decision will be made. (f)The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g)If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor,the parties,by mutual consent,may agree to use alternative dispute resolution(ADR). If the Contractor refuses an offer for ADR,the Contractor shall inform the Contracting Officer,in writing,of the Contractor's specific reasons for rejecting the offer. (h)The Government shall pay interest on the amount found due and unpaid from(1)the date that the Contracting Officer receives the claim(certified,if required); or(2)the date that payment otherwise would be due,if that date is later,until the date of payment.With regard to claims having defective certifications,as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate,fixed by the Secretary of the Treasury as provided in the Act,which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i)The Contractor shall proceed diligently with performance of this contract,pending final resolution of any request for relief,claim,appeal,or action arising under the contract,and comply with any decision of the Contracting Officer. (End of clause) 52.233-3 PROTEST AFTER AWARD(AUG. 1996) (a)Upon receipt of a notice of protest(as defined in FAR 33.101)or a determination that a protest is likely(see FAR 33.102(d)),the Contracting Officer may,by written order to the Contractor,direct the Contractor to stop performance of the work called for by this contract.The order shall be specifically identified as a stop-work order issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.Upon receipt of the final decision in the protest,the Contracting Officer shall either-- W9126G-13-P-0112 Page 33 of 45 (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. (b)If a stop-work order issued under this clause is canceled either before or after a final decision in the protest,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified,in writing,accordingly,if-- (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2)The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided,that if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. (e)The Government's rights to terminate this contract at any time are not affected by action taken under this clause. (f)If,as the result of the Contractor's intentional or negligent misstatement,misrepresentation,or miscertification,a protest related to this contract is sustained,and the Government pays costs,as provided in FAR 33.102(b)(2)or 33.104(h)(1),the Government may require the Contractor to reimburse the Government the amount of such costs.In addition to any other remedy available,and pursuant to the requirements of Subpart 32.6,the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. (End of clause) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM(OCT 2004) United States law will apply to resolve any claim of breach of this contract. (End of clause) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,EQUIPMENT,AND VEGETATION(APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings,equipment,and vegetation on the Government installation.If the Contractor's failure to use reasonable care causes damage to any of this property,the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs.If the Contractor fails or refuses to make such repair or replacement,the Contractor shall be liable for the cost,which may be deducted from the contract price. (End of clause) W9126G-13-P-0112 Page 34 of 45 52.242-15 STOP-WORK ORDER(AUG 1989) (a)The Contracting Officer may,at any time,by written order to the Contractor,require the Contractor to stop all, or any part,of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor,and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.Within a period of 90 days after a stop-work is delivered to the Contractor,or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either-- (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. (b)If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified,in writing,accordingly,if-- (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2)The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided,that,if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. (End of clause) 52.243-1 CHANGES--FIXED-PRICE(AUG 1987) (a)The Contracting Officer may at any time,by written order,and without notice to the sureties,if any,make changes within the general scope of this contract in any one or more of the following: (1)Drawings,designs,or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings,designs,or specifications. (2)Method of shipment or packing. (3)Place of delivery. W9126G-13-P-0112 Page 35 of 45 (b)If any such change causes an increase or decrease in the cost of,or the time required for,performance of any part of the work under this contract,whether or not changed by the order,the Contracting Officer shall make an equitable adjustment in the contract price,the delivery schedule,or both,and shall modify the contract. (c)The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order.However,if the Contracting Officer decides that the facts justify it,the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d)If the Contractor's proposal includes the cost of property made obsolete or excess by the change,the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e)Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (End of clause) 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE(AUG 1996) (a)Definitions. "Services," as used in this clause,includes services performed,workmanship,and material furnished or utilized in the performance of services. (b)The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c)The Government has the right to inspect and test all services called for by the contract,to the extent practicable at all times and places during the term of the contract.The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d)If the Government performs inspections or tests on the premises of the Contractor or a subcontractor,the Contractor shall furnish,and shall require subcontractors to furnish,at no increase in contract price,all reasonable facilities and assistance for the safe and convenient performance of these duties. (e)If any of the services do not conform with contract requirements,the Government may require the Contractor to perform the services again in conformity with contract requirements,at no increase in contract amount.When the defects in services cannot be corrected by reperformance,the Government may(1)require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and(2)reduce the contract price to reflect the reduced value of the services performed. (0 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements,the Government may(1)by contract or otherwise,perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or(2)terminate the contract for default. (End of clause) 52.246-25 LIMITATION OF LIABILITY--SERVICES(FEB 1997) (a)Except as provided in paragraphs(b)and(c)below,and except to the extent that the Contractor is expressly W9126G-13-P-0112 Page 36 of 45 responsible under this contract for deficiencies in the services required to be performed under it(including any materials furnished in conjunction with those services),the Contractor shall not be liable for loss of or damage to property of the Government that(1)occurs after Government acceptance of services performed under this contract, and(2)results from any defects or deficiencies in the services performed or materials furnished. (b)The limitation of liability under paragraph(a)above shall not apply when a defect or deficiency in,or the Government's acceptance of,services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term"Contractor's managerial personnel," as used in this clause,means the Contractor's directors,officers,and any of the Contractor's managers, superintendents,or equivalent representatives who have supervision or direction of-- (1)All or substantially all of the Contractor's business; (2)All or substantially all of the Contractor's operations at any one plant,laboratory,or separate location at which the contract is being performed;or (3)A separate and complete major industrial operation connected with the performance of this contract. (c)If the Contractor carries insurance,or has established a reserve for self-insurance,covering liability for loss or damage suffered by the Government through the Contractor's performance of services or furnishing of materials under this contract,the Contractor shall be liable to the Government,to the extent of such insurance or reserve,for loss of or damage to property of the Government occurring after Government acceptance of,and resulting from any defects and deficiencies in,services performed or materials furnished under this contract. (End of clause) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT(SERVICES)(SHORT FORM) (APR 1984) The Contracting Officer,by written notice,may terminate this contract,in whole or in part,when it is in the Government's interest.If this contract is terminated,the Government shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. (End of clause) 52.249-8 DEFAULT(FIXED-PRICE SUPPLY AND SERVICE)(APR 1984) (a)(1)The Government may,subject to paragraphs(c)and(d)of this clause,by written notice of default to the Contractor,terminate this contract in whole or in part if the Contractor fails to-- (i)Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii)Make progress,so as to endanger performance of this contract(but see subparagraph(a)(2)of this clause);or (iii)Perform any of the other provisions of this contract(but see subparagraph(a)(2)below). (2)The Government's right to terminate this contract under subdivisions(a)(1)(ii)and(1)(iii)of this clause,may be exercised if the Contractor does not cure such failure within 10 days(or more if authorized in writing by the Contracting Officer)after receipt of the notice from the Contracting Officer specifying the failure. W9126G-13-P-0112 Page 37 of 45 (b)If the Government terminates this contract in whole or in part,it may acquire,under the terms and in the manner the Contracting Officer considers appropriate,supplies or services similar to those terminated,and the Contractor will be liable to the Government for any excess costs for those supplies or services.However,the Contractor shall continue the work not terminated. (c)Except for defaults of subcontractors at any tier,the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor.Examples of such causes include(1)acts of God or of the public enemy,(2)acts of the Government in either its sovereign or contractual capacity,(3)fires,(4)floods,(5)epidemics,(6)quarantine restrictions,(7) strikes,(8)freight embargoes,and(9)unusually severe weather.In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d)If the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is beyond the control of both the Contractor and subcontractor,and without the fault or negligence of either,the Contractor shall not be liable for any excess costs for failure to perform,unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e)If this contract is terminated for default,the Government may require the Contractor to transfer title and deliver to the Government,as directed by the Contracting Officer,any(1)completed supplies,and(2)partially completed supplies and materials,parts,tools,dies,jigs,fixtures,plans,drawings,information,and contract rights(collectively referred to as"manufacturing materials"in this clause)that the Contractor has specifically produced or acquired for the terminated portion of this contract.Upon direction of the Contracting Officer,the Contractor shall also protect and preserve property in its possession in which the Government has an interest. (f)The Government shall pay contract price for completed supplies delivered and accepted.The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property.Failure to agree will be a dispute under the Disputes clause.The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (g)If,after termination,it is determined that the Contractor was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h)The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998) This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (End of clause) W9126G-13-P-0112 Page 38 of 45 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES(APR 1984) (a)The use in this solicitation or contract of any Federal Acquisition Regulation(48 CFR Chapter 1)clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the clause. (b)The use in this solicitation or contract of any DFARS(48 CFR Chapter 2)clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation. (End of clause) 52.253-1 COMPUTER GENERATED FORMS(JAN 1991) (a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation(FAR)may be submitted on a computer generated version of the form,provided there is no change to the name,content,or sequence of the data elements on the form,and provided the form carries the Standard or Optional Form number and edition date. (b) Unless prohibited by agency regulations,any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name,content,or sequence of the data elements on the form and provided the form carries the agency form number and edition date. (h) If the Contractor submits a computer generated version of a form that is different than the required form,then the rights and obligations of the parties will be determined based on the content of the required form. (End of clause) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS(JAN 2009) The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10 U.S.C.2409,as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement. (End of clause) 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL(DEC 2012) The agency office of the Inspector General referenced in paragraphs(c)and(d)of FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct,is the DoD Office of Inspector General at the following address: Department of Defense Office of Inspector General,Investigative Policy and Oversight,Contractor Disclosure Program,4800 Mark Center Drive,Suite 11H25,Alexandria,VA 22350-1500. Toll Free Telephone: 866-429-8011. (End of clause) W9126G-13-P-0112 Page 39 of 45 252.204-7000 DISCLOSURE OF INFORMATION(DEC 1991) (a)The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium(e.g.,film,tape,document),pertaining to any part of this contract or any program related to this contract,unless-- (1)The Contracting Officer has given prior written approval;or (2)The information is otherwise in the public domain before the date of release. (b)Requests for approval shall identify the specific information to be released,the medium to be used,and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release. (c)The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer. (End of clause) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT(APR 1992) The Contractor's procedures for protecting against unauthorized disclosure of information shall not require Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not,to the contractor. (End of clause) 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM(DEC 2012) (a)Definitions.As used in this clause-- Commercially available off-the-shelf(COTS)item-- (i)Means any item of supply(including construction material)that is-- (A)A commercial item(as defined in paragraph(1)of the definition of"commercial item"in section 2.101 of the Federal Acquisition Regulation); (B)Sold in substantial quantities in the commercial marketplace;and (C)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form in which it is sold in the commercial marketplace; and (ii)Does not include bulk cargo,as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products. Component means an article,material,or supply incorporated directly into an end product. W9126G-13-P-0112 Page 40 of 45 Domestic end product means-- (i)An unmanufactured end product that has been mined or produced in the United States;or (ii)An end product manufactured in the United States if— (A)The cost of its qualifying country components and its components that are mined,produced,or manufactured in the United States exceeds 50 percent of the cost of all its components.The cost of components includes transportation costs to the place of incorporation into the end product and U.S.duty(whether or not a duty-free entry certificate is issued). Scrap generated,collected,and prepared for processing in the United States is considered domestic.A component is considered to have been mined,produced,or manufactured in the United States (regardless of its source in fact)if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that-- (1)Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined,produced,or manufactured in the United States;or (2)It is inconsistent with the public interest to apply the restrictions of the Buy American statute;or (B)The end product is a COTS item. End product means those articles,materials,and supplies to be acquired under this contract for public use. Foreign end product means an end product other than a domestic end product. Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country,and the memorandum or agreement complies,where applicable,with the requirements of section 36 of the Arms Export Control Act(22 U.S.C.2776)and with 10 U.S.C.2457.Accordingly,the following are qualifying countries: Australia,Austria,Belgium,Canada,Czech Republic,Denmark,Egypt,Finland,France,Germany,Greece,Israel, Italy,Luxembourg,Netherlands,Norway,Poland,Portugal, Spain, Sweden, Switzerland,Turkey,United Kingdom of Great Britain and Northern Ireland. Qualifying country component means a component mined,produced,or manufactured in a qualifying country. Qualifying country end product means-- (i)An unmanufactured end product mined or produced in a qualifying country;or (ii)An end product manufactured in a qualifying country if-- (A)The cost of the following types of components exceeds 50 percent of the cost of all its components: (1)Components mined,produced,or manufactured in a qualifying country. (2)Components mined,produced,or manufactured in the United States. (3)Components of foreign origin of a class or kind for which the Government has determined that sufficient and reasonably available commercial quantities of a satisfactory quality are not mined,produced,or manufactured in the United States; or W9126G-13-P-0112 Page 41 of 45 (B)The end product is a COTS item.United States means the 50 States,the District of Columbia,and outlying areas. (b)This clause implements,Buy American. In accordance with 41 U.S.C. 1907,the component test of the Buy American statute is waived for an end product that is a COTS item(see section 12.505(a)(1)of the Federal Acquisition Regulation).Unless otherwise specified,this clause applies to all line items in the contract. (c)The Contractor shall deliver only domestic end products unless,in its offer,it specified delivery of other end products in the Buy American--Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product,the Contractor shall deliver a qualifying country end product or,at the Contractor's option,a domestic end product. (d)The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry. (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012) (a)Definitions.As used in this clause— (1)Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2)Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems.Facsimile,e-mail,and scanned documents are not acceptable electronic forms for submission of payment requests.However,scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow(WAWF)or another electronic form authorized by the Contracting Officer. (3)Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (4)Receiving report means the data required by the clause at 252.246-7000,Material Inspection and Receiving Report. (b)Except as provided in paragraph(c)of this clause,the Contractor shall submit payment requests and receiving reports using WAWF,in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol,or World Wide Web input.Information regarding WAWF is available on the Internet at https://waw£eb.mil/. (c)The Contractor may submit a payment request and receiving report using other than WAWF only when— (1)The Contracting Officer administering the contract for payment has determined,in writing,that electronic submission would be unduly burdensome to the Contractor.In such cases,the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; (2)DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system(e.g.,PowerTrack,Transportation Financial Management System,and Cargo and Billing System); W9126G-13-P-0112 Page 42 of 45 (3)DoD makes payment for rendered health care services using the TRICARE Encounter Data System(TEDS)as the electronic format; or (4)When the Governmentwide commercial purchase card is used as the method of payment,only submission of the receiving report in electronic form is required. (d)The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e)In addition to the requirements of this clause,the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. (End of clause) 252.232-7010 LEVIES ON CONTRACT PAYMENTS(DEC 2006) (a)26 U.S.C. 6331(h)authorizes the Internal Revenue Service(IRS)to continuously levy up to 100 percent of contract payments,up to the amount of tax debt. (b)When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract,the Contractor shall promptly notify the Procuring Contracting Officer in writing,with a copy to the Administrative Contracting Officer,and shall provide-- (1)The total dollar amount of the levy; (2)A statement that the Contractor believes that the levy may result in an inability to perform the contract,including rationale and adequate supporting documentation;and (3)Advice as to whether the inability to perform may adversely affect national security,including rationale and adequate supporting documentation. (c)DoD shall promptly review the Contractor's assessment,and the Procuring Contracting Officer shall provide a written notification to the Contractor including-- (1)A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and (2)(i)If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security,the total amount of the monies collected that should be returned to the Contractor;or (ii)If the levy may result in an inability to perform the contract but will not impact national security,a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation. (d)Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act. (End of clause) 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) W9126G-13-P-0112 Page 43 of 45 When costs are a factor in any price adjustment under this contract,the contract cost principles and procedures in FAR part 31 and DFARS part 231,in effect on the date of this contract,apply. W9126G-13-P-0112 Page 44 of 45 Section J-List of Documents,Exhibits and Other Attachments QASP QUALITY ASSURANCE SURVEILLANCE PLAN Increased Law Enforcement Contract, City of Wylie 1. Overview: This contract establishes a specific increased level of law enforcement services to be provided by Wylie Police Department to the US Army Corps of Engineers at Lavon Lake. This is a sole-source contract, since the Wylie Police Department is the only agency with the requisite authority and responsibility to provide these services. 2. Definition of Services: Increased services are defined in the contract's Performance Work Statement (PWS) as the contractor's provision of a dedicated officer and vehicle to patrol and enforce applicable state and local laws in accordance with their agency policy, procedures, and interpretations. Services will be performed in accordance with the schedule contained in the PWS. Contracted services are to supplement the year-round duties and activities which the contractor is responsible to perform even absent the contract. 3. Surveillance of Services: Officers providing service under this contract are required to complete and submit a Daily Enforcement Action Summary Log documenting their activities performed during their work shifts, and to turn the logs into their supervisor at the end of each shift. The completed daily enforcement action summary logs will then be submitted to the Lake Manager by the fifth day after the end of the month of service. For arrests and serious violations, the Corps requests a copy of the police report once the initial report is complete for their reporting requirements. 4. Surveillance Documentation: a. The contractor shall provide a request for payment each month for reimbursable services performed. The request for payment shall include the number of man-hours worked during the billing period (which must correspond with the Daily Enforcement Action Logs) and the total monthly expenses. The Quality Assurance Point of Contact (QA POC) will examine logs to ensure accuracy prior to authorizing payment. b. The QA POC will document verification of the contractor's performance monthly for verification to the Contracting Officer. These reports will become part of the formal QA documentation. The QA POC will maintain a complete QA file, containing copies of all evaluations and related documentation. The QA POC will forward these records to the Contracting Officer at completion of the contract. c. The services provided by the contractor are subject to inspection by the QA POC to ensure adherence to the terms of the PWS. If the contractor fails to provide the services as specified, the Government reserves the right to terminate the contract. W9126G-13-P-0112 Page 45 of 45 A. OFWk.f� e Wylie City Council r av,vt .` AGENDA REPORT .14 1ss7_" -Are or it,'" Meeting Date: May 14,2013 Item Number: C Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: April 30,2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon approval of Ordinance No. 2013-21, amending Section 110-173 (stopping, standing, or parking prohibited in certain places) of Article VI (stopping, standing, and parking) of Chapter 110 (traffic and vehicles) of the Wylie Code Of Ordinances; prohibiting parking, stopping or standing of a vehicle along Lewis Drive from Creekside Estates Drive to a point 150 feet north during those times set forth in this Ordinance; establishing an offense; providing for a penalty for the violation of this ordinance. Recommendation Motion to approve Ordinance No. 2013-21, amending Section 110-173 (stopping, standing, or parking prohibited in certain places) of Article VI (stopping, standing, and parking) of Chapter 110 (traffic and vehicles) of the Wylie Code Of Ordinances; prohibiting parking, stopping or standing of a vehicle along Lewis Drive from Creekside Estates Drive to a point 150 feet north during those times set forth in this Ordinance; establishing an offense; providing for a penalty for the violation of this ordinance. Discussion The Creekside Estates development includes a large amount of park land located along Lewis and Hinnant Drives. Vehicles have been parking along Lewis Drive in close proximity to the traffic circle at the intersection of Creekside Estates Drive making it difficult for large vehicles to exit the traffic circle traveling northbound. The attached ordinance will restrict parking along Lewis Drive from the traffic circle to a point 150 feet north. Page 1 of 1 ORDINANCE NO. 2013-21 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 110-173 (STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES) OF ARTICLE VI (STOPPING, STANDING, AND PARKING) OF CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE WYLIE CODE OF ORDINANCES; PROHIBITING PARKING, STOPPING OR STANDING OF A VEHICLE ALONG LEWIS DRIVE FROM CREEKSIDE ESTATES DRIVE TO A POINT 150 FEET NORTH DURING THOSE TIMES SET FORTH IN THIS ORDINANCE; ESTABLISHING AN OFFENSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to prohibit the stopping, standing, or parking of a vehicle along Lewis Drive from Creekside Estates Drive to a point 150 feet north(the "Zone"); and WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to prohibit the stopping, standing, or parking of a vehicle in the Zone; and WHEREAS, the City Council further finds that the stopping, standing, or parking of a vehicle in the Zone is dangerous and creates a traffic hazard that threatens the health, safety, and welfare of motorists and pedestrians; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare of the school children to prohibit the stopping, standing, or parking located in Wylie, as set forth below. 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 Section 110-173 (Stopping, Standing, or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances. Section 110-173 (Stopping, Standing, or Parking Prohibited in Certain Places) of Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances is amended to read as follows: Ordinance No.2013-21 Prohibiting Stopping, Standing,or Parking in Designated Areas Page 1 of 4 "Sec. 110-173. Stopping, standing or parking prohibited in certain places. (a) An operator may not stop, stand or park a vehicle: (1) On the roadway side of a vehicle stopped or parked at the edge or curb of a street; (2) On a sidewalk; (3) In an intersection; (4) On a crosswalk; (5) Between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by signs or markings; (6) Alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic; (7) On a bridge or other elevated structure on a highway or in a highway tunnel; (8) On a railroad track; (9) Where an official sign prohibits stopping; or (10) In the following designated areas, if a no stopping, standing, and parking sign is posted: (A) Glen Lakes Court from the northern most point of Glen Lakes Court, extending one hundred and twenty (120) feet south of said point from 30 minutes prior to the start of school until 30 minutes after the start of school and from 30 minutes prior to the end of school until 30 minutes after the end of school when Groves Elementary School is in session; and (B) Martinez Lane from SH 78 to Alanis Drive at any time; and (C) South side of Hensley Lane from Woodbridge Parkway to a point 1,000 feet east of Jerry Wayne Combest Drive; and (D) Lewis Drive from Creekside Estates Drive north 150 feet. (b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle: (1) In front of a public or private driveway; (2) Within 15 feet of a fire hydrant; (3) Within 20 feet of a crosswalk at an intersection; (4) Within 30 feet on the approach to a flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway; (5) Within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or (6) Where an official sign prohibits standing. Ordinance No.2013-21 Prohibiting Stopping, Standing,or Parking in Designated Areas Page 2 of 4 (c) An operator may not, except temporarily to load or unload merchandise or passengers,park an occupied or unoccupied vehicle: (1) Within 50 feet of the nearest rail of a railroad crossing; or (2) Where an official sign prohibits parking. (d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. (e) A private vehicle operated by an elevator constructor responding to an elevator emergency shall be exempt from subsections (a)(1), (a)(5), (a)(6), and (a)(9), (b), and(c) of this section. (f) Subsections (a), (b) and(c) of this section do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic control device." SECTION 3: ENFORCEMENT: In no way shall those areas where stopping, standing, or parking is prohibited be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the area in which stopping, standing, or parking is prohibited at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the area where stopping, standing, or parking is prohibited and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: 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, 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 6: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars ($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance No.2013-21 Prohibiting Stopping, Standing,or Parking in Designated Areas Page 3 of 4 Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances, any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings, when used, and the deleted portions shall be removed when amendments are printed in the code. The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this l4th day of May, 2013. ERIC HOGUE, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date of publication in The Wylie News - Ordinance No.2013-21 Prohibiting Stopping, Standing,or Parking in Designated Areas Page 4 of 4 g Ga • ® Wylie City Council r. : . AGENDA REPORT "rE op S'E0 Meeting Date: May 14, 2013 Item Number: D. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 24, 2013 Budgeted Amount: Exhibits: 4 Subject Consider, act upon, Ordinance No. 2013-22 authorizing the annexation of an 8.052 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, which is contiguous to the City of Wylie, in Collin County, Texas, generally located on County Road 384 (Skyview Court) and north of S.H. 78. Recommendation Motion to adopt Ordinance No. 2013-22 authorizing the annexation of an 8.052 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, which is contiguous to the City of Wylie, in Collin County, Texas, generally located on County Road 384 (Skyview Court) and north of S.H. 78. Discussion This annexation is at the request of the property owner, Kansas City Southern Railway Company and applicant, Multatech Engineering, Inc. The subject tract as described in Exhibit "A" (Legal Description) and Exhibit "B" (Boundary Map) is contiguous to and is surrounding by other KCS property currently within city limits. The request is to allow for the rezoning of said property and the potential development of a KCS Intermodal Facility in Wylie. Access to the property is currently from County Road 384, with direct access from S.H. 78. By adoption of this ordinance, the property is temporarily classified as Ag/30 (Agricultural District) until permanent zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 27, 2013 and April 3, 2013 First Public Hearing April 9, 2013 Second Public Hearing April 23, 2013 Page 1 of 2 Page 2 of 2 Adoption of Ordinance May 14, 2013 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. ORDINANCE NO. 2013-22 AN ORDINANCE ANNEXING A CERTAIN 8.052 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS AND MORE PARTICULARLY, BEING ALL OF A TRACT OF LAND CONVEYED TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY BY INSTRUMENT RECORDED IN DOCUMENT NUMBER 19960719000606400, OFFICIAL RECORDS OF REAL PROPERTY, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and Ordinance 2013-22—Annexation- 8.052 Acres Francisco de la Pina Survey Page 1 of 3 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a temporary zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit "A" (Legal Description) and Exhibit "B" (Boundary Map) attached hereto and made a part hereof for all purposes. SECTION 2: The Service Plan for the Property has been prepared in full compliance with Section 46.056, Local Government Code, and is attached hereto as Exhibit "C" and made a part hereof for all purposes. SECTION 3: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for by this Ordinance and the Comprehensive Zoning Ordinance of the City, and any amendments thereto. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such Ordinance 2013-22—Annexation- 8.052 Acres Francisco de la Pina Survey Page 2 of 3 cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance.' SECTION 9: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 14th day of May, 2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: ,in the Ordinance 2013-22—Annexation- 8.052 Acres Francisco de la Pina Survey Page 3 of 3 Annexation Exhibit KCS Wylie, TX Intermodal Page 1 of 3 EXHIBIT"A" Property Description BEING AN 8.052 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NUMBER 688, COLLIN COUNTY, TEXAS AND MORE PARTICULARLY, BEING ALL OF A TRACT OF LAND CONVEYED TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY (HENCEFORTH, REFERRED TO AS KCS TRACT I) BY INSTRUMENT RECORDED IN DOCUMENT NUMBER 19960719000606400, OFFICIAL RECORDS OF REAL PROPERTY, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the intersection of the southerly line of the Kansas City Southern Railway Company right-of-way(a called 100-foot wide right-of-way at this point, henceforth referred to as KCS RR ROW) by instrument recorded in Document Number 19941026000963290, said Official Records and the west right-of-way line of County Road No. 384 (Skyview Court) (a called 60-foot right-of-way, no recording information found),being the Northeast corner of said KCS Tract I; THENCE S 01°00'56" E, along the common line of said KCS Tract I and said County Road No. 384 west right-of-way line, a distance of 357.00 feet to the Southeast corner of said KCS Tract I and the Northeast corner of a tract of land situated in said Pina Survey, conveyed to James C. Harris and wife, Dorris Harris by instrument recorded in Volume 571, Page 577, Deed Records of Collin County,Texas; THENCE N 88°03'22" W, departing the common line of said KCS Tract I and said County Road No. 384 west right-of-way line, with the common line of said KCS Tract I and said Harris tract, at a distance of 140 feet, pass the Northwest corner of said Harris tract and the Northeast corner of a tract of land situated in said Pina Survey conveyed to WPA Ministries by instrument recorded in Document Number 20090810001004530, said Official Records, continuing with the common line of said KCS Tract I and said WPA Ministries tract, in all, a total distance of 540.80 feet to the Northwest corner of said WPA Ministries tract and the Northeast corner of a tract of land situated in said Pina Survey, conveyed to Kansas City Southern Railway Company(henceforth referred to as KCS Tract II) by merger recorded in Document Number 20070803001083280, said Official Records (the description of said KCS Tract II being contained within the instrument recorded in Document Number 19960925000829480, said Official Records); Annexation Exhibit KCS Wylie,TX Interrnodal Page 2 of 3 THENCE N 88°42'25" W, with the common line of said KCS Tract I and said KCS Tract II, passing at a distance of 1,276.87 feet the East corner of a tract of land situated in said Pina Survey, conveyed to said Kansas City Southern Railway Company (henceforth referred to as KCS Tract III) by instrument recorded in Document Number 19990521000634300, said Official Records, continuing along the common line of said KCS Tract I and said KCS Tract III, a total distance of 1,429.30 feet to a the intersection of the north line of said KCS Tract III and the south line of said KCS RR ROW for the west corner of said KCS Tract I; THENCE N 81°51'05" E, departing the north line of said KCS Tract IIl, with the common line of said KCS Tract I and said KCS RR ROW, a distance of 839.56 feet; THENCE N 03°15'05"W, continuing with the common line of said KCS Tract I and said KCS RR ROW,a distance of 25.09 feet; THENCE N 81°51'05" E, continuing with the common line of said KCS Tract I and said KCS RR ROW, a distance of 1,145.00 feet to the POINT OF BEGINNING containing 8.052 acres of land,more or less. Note: Bearings based on deed to the Kansas City Southern Railway Company recorded in Document Number 19960719000606400,O.R.O.R.P.C.C.T. Note: Plat to accompany this legal description. Note: All 5/8-inch iron rods set have a yellow cap stamped"SAM INC." Note: This document was prepared under 22 TAC §663.21,does not reflect the results of an on the ground survey,and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." PRELIMINARY: . THIS DOCUMENT SHALL NOT OF BE RECORDED FOR ANY PURPOSE. co S.. •F f. at S. Kevin Wendell 6,1 �A co, �. F4'' k` Registered Professional Land Surveyor S. KEVIN WENDELL • Texas Registration Number 5500 SS00 aF `O� Dated: February 25, 2013 1S'�,• .fS• • . • t SUR ANNEXATION 300' 150' 0 300'I EXHIBIT IIIIII GRAPHIC SCALE IN FEET 1" • 300' FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 L_____ 9 � lYi 9Y � P.09 z A,. 50UT i D LLI � cr . to- 400. " aoF "o 9•56) O ° 5'05"E 83 ..--•- (N3 15"W I1• ti ° (N61°51'0 ..r25.09') 1 onsR va (N$8 03'22"W �� (N88°42'25"W 1,429.30') 540.80') tix zo THE KANSAS CITY (1,276.87') " ` ` '—'— oN WUTHERN RAILWAY COMPANY (140.00') $ ~� DOC.NO.19990521000634300 O O.R.O.R.P,C.C.T. THE KqNSA$ CITY JAMS C HARRIS s >-Uo� SOUTHERN RAILWAY COMPANY i go Op602006 1 s 7 4a: DOC. N . 1971906400 b.R.d. . i1 O.R.O.R.P,C.C.T. 0 00 �3z rig rig THE KANSAS CITY WPA MINISTRIES SOUTHERN RAILWAY COMPANY DOC.NO.20090810001004530 BY MERGER RECORDED IN O.R,O.R.P.C.C.7. DOC.NO.20070803010083280 O.R•O.R.P.C.cc (DESCRIPTION OF PROPERTY BEING CONTAINED WITHIN THE INSTRUMENT RECORDED IN 0OC.NO.19960925000829480 O.R.O.R.P.C.C.T.) LEGEND D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS O.R.O.R.P.C.C,T.OFFICIAL RECORDS OF REAL PROPERTY, COLLIN COUNTY, TEXAS NOTE 2: THIS DOCUMENT WAS PREPARED UNDER 22 TAC P.0.8. POINT OF BEGINNING §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY NOTE1: A DESCRIPTION OF EVEN DATE TO ACCOMPANY TH'S PLAT. OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. • PRNTED ON / SHEET TITLE 1 ' 3,S✓21 W1 ,,'1 p .�`''� ANNEXATION EXHIBIT 7101 ENVOY COURT A Lb'. ,0 •; t • A DALLAS, TEXAS 75247 (214)631-7688 • • ... . ... A' FAX: (214)631-7103 ' '' ' ' ` I'11'4 PROJECT P 1 330 3 IQNI,DGN •: • ' ' KCS WYLIE, TX INTERMODAL PROD NO: 3304 't ,,1�� • SO' Q+7 SCALE: Y'•300' r DATE: z(y /2413 4 S `/ BEARINGS BASED ON DEED TO THE KANSAS CITY SOUTHERN DRAWN BY: JA9 r RAILWAY COMPANY RECORDED IN DOC.NO.19960719000606400 PG. 3 OF 3 CHECKED BY: SKW + Of THE O.R.O.R.P.C.C.T. REVISED DATE: CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA KCS TRACT EXHIBIT "C" ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: May 14, 2013 ACREAGE ANNEXED: 8.052 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. OF WI.).f� ; Wylie City Council AGENDA REPORT Were or tst�'° Meeting Date: May 14,2013 Item Number: E Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: April 29,2013 Budgeted Amount: Exhibits: 2 Subject Consider and act upon approval of Resolution No. 2013-10(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Recommendation Motion to approve Resolution No. 2013-10(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Discussion The 2007 Collin County Bond Program included funds for the reconstruction of Ballard Avenue from Alanis Drive to the Collin County Line. The project includes approximately 6,300 linear fee of 4-lane divided concrete roadway with underground storm sewer improvements. The County previously released engineering funds and the construction plans are nearing completion. The necessary right of way to construct the project has been identified and includes ten parcels and twelve drainage easements. Approval of the attached agreement will fund $350,000 for the right of way acquisition for the project. Once the parcels have been acquired, another agreement will be presented for Council consideration which will authorize the construction funding. Page 1 of 1 RESOLUTION NO. 2013-10(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 THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COLLIN COUNTY LINE. 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, the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 14t" day of May, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2013-10(R)—Interlocal Agreement - City of Wylie & Collin County Construction of Ballard Ave, from Alanis Drive to Collin County Line Page 1 of 2 EXHIBIT "A" Interlocal Agreement Resolution No. 2013-10(R)—Interlocal Agreement - City of Wylie & Collin County Construction of Ballard Ave, from Alanis Drive to Collin County Line Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COUNTY LINE, BOND PROJECT # 07-098 (CR 819) 2009 FUNDING WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of Ballard Avenue and other improvements from Alanis Drive to the County Line in 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, On November 18, 2008, Collin County approved an Interlocal Agreement with the city of Wylie (CO#2008-1050-11-18)that covered Engineering costs; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Ballard Avenue, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,300 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. Page 1 of 4 ARTICLE III. The City estimates the total actual cost of the Project to be $5,400,000, which shall include land acquisition, engineering, utility relocations, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount of Funds remitted by the County for the Project activities identified in this 2009 funding ILA shall not exceed $350,000. The Project activities and payment schedule is as follows: (a) Within thirty (30) days after the City request payment for the County, the County shall remit a portion of the Funds to the City to cover any and all right of way acquisition costs for the Project, including but not limited to, the cost to acquire the right of way through eminent domain. (b) At the completion of the Project in its entirety, the City shall provide a final accounting of expenditures for the Project. (c) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30) days until Project completion. ARTICLE V. 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 VI. 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, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY Page 2 of 4 WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. 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 VIII. 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 IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. 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 XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. Page 3 of 4 ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 2013,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE, TEXAS By: By: Name: Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: Page 4 of 4 '` - `" Wylie City Council Sri:'I`ve .trettrr` - k AGENDA REPORT �ssy,3. Were or tst0 Meeting Date: May 14,2013 Item Number: F. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 6 , 2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2013-23, to amend Ordinance No. 2008-49, Section 22-23 — Qualifications of members and Section 22-26 Tenure of office for the Construction Code Board. Recommendation Motion to approve Ordinance No. 2013-23, to amend Ordinance No. 2008-49, Section 22-23 —Qualifications of members and Section 22-26 Tenure of office for the Construction Code Board. Discussion Ordinance No. 2008-49 requires that certain qualifications be met for board appointment to the Construction Code Board. However, in an effort to reach as many volunteers as possible, staff request an amendment that will allow us to broaden our base of applicants. Section 22-23 Qualifications of members of the current ordinance requires the following members: (a) One designated member shall be a taxpaying resident of the city. (b) Two designated members shall be taxpaying resident building contractors. (c) Two designated members shall be taxpaying resident plumbers. (d) Two designated members shall be taxpaying resident electricians (one master and one journeyman). (e) If members in the subsection(b), (c) or (d) categories of this section are not available for appointment, one of the two designated tradesmen for each category may be replaced with a member in the subsection (a) category of this section. In addition, staff is requesting that the tenure of office be amended to clarify that no time limits exist for serving. Sec. 22-26. - Tenure of office of the current ordinance states the following: The members and alternate members of the board shall serve for two-year staggered terms. After the expiration of the terms of the appointees, members and alternate members shall continue until their successor is appointed. Any member of the board may be removed by the city council for cause. Vacancies within the board shall be filled by appointment for the unexpired term. Page 1 of 2 Therefore, it is recommended that the following changes be made to Ordinance 2008-49: ARTICLE II. CONSTRUCTION CODE BOARD Sec. 22-23 Qualifications of members. The city council shall endeavor, to the extent reasonable available, to appoint at least one taxpaying citizen of Wylie and the remaining members be registered voters from the following: (a) Two designated members shall be building contractors. (b) Two designated members shall be plumbers. (c) Two designated members shall be electricians (one master and one journeyman). (d) If members in subsection(a), (b) or(c) categories of this section are not available for appointment, one of the two designated tradesmen for each category may be replaced with a taxpaying citizen of Wylie. In the event no one from the designated tradesmen categories above is available for appointment, they may be replaced with a registered voter tradesman outside the City of Wylie. Sec. 22-26. - Tenure of office. The members and alternate members of the board shall serve for two-year staggered terms. After the expiration of the terms of the appointees, the member may seek reappointment or shall continue until their successor is appointed. Any member of the board may be removed by the city council for cause. Vacancies within the board shall be filled by appointment for the unexpired term. Each board member shall serve without compensation, but may be reimbursed for actual expenses approved in advanced by the City Council. ORDINANCE NO. 2013-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2008-49, SECTIONS 22-23 AND 22-26; REVISING THE REQUIRED QUALIFICATIONS AND TENURE OF BOARD MEMBERS TO THE CONSTRUCTION CODE BOARD; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2008-49, Section 22-23 Qualifications of members and Section 22-26 Tenure of office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Findings Incorporated. The findings set forth in the ordinance from which this division is derived are incorporated into the body of this division as if fully set forth herein. SECTION 2. Amendment to Ordinance No. 2008-49, Section 22-23 Qualifications of members The City of Wylie's Ordinance No. 2008-49, Section 22-23 Qualifications of members, is hereby amended to read as follows: Section 22-23 Qualifications of members The city council shall endeavor, to the extent reasonable available, to appoint at least one taxpaying citizen of Wylie and the remaining members be registered voters from the following: (a) Two designated members shall be building contractors. (b) Two designated members shall be plumbers. (c)Two designated members shall be electricians(one master and one journeyman). (d) If members in subsection (a), (b) or(c) categories of this section are not available for appointment, one of the two designated tradesmen for each category may be replaced with a taxpaying citizen of Wylie. In the event no one from the designated tradesmen categories above is available for appointment, they may be replaced with a registered voter tradesman outside the City of Wylie. Sec. 22-26. -Tenure of office. Ordinance No.2013-23 -Construction Code Board Amendment Page 1 of 2 The members and alternate members of the board shall serve for two-year staggered terms. After the expiration of the terms of the appointees,the member may seek reappointment or shall continue until their successor is appointed.Any member of the board may be removed by the city council for cause. Vacancies within the board shall be filled by appointment for the unexpired term. Each Board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. SECTION 3. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said 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, 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 5. Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as provided by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 14th day of May, 2013. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2013-23 -Construction Code Board Amendment Page 2 of 2 A OF Tyke g • ® Wylie City Council g�r ,` AGENDA REPORT 1i 01887•*i► "rE op S'E0 Meeting Date: May 14,2013 Item Number: G. Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: N/A Date Prepared: May 6, 2013 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon Resolution No. 2013-11(R) of the City Council of the City of Wylie, Texas, repealing Resolution No. 2012-28(R) due to clerical error; approving work with ETMC and the Southeast Collin County Emergency Medical Services Coalition to apply for grant funding through the Texas Healthcare Transformation and Quality Improvement Program in accordance with Section 1115 of the Social Security Act, known as the 1115 Waiver; and providing for an effective date. Recommendation Motion to approve Resolution No. 2013-11(R) of the City Council of the City of Wylie, Texas, repealing Resolution No. 2012-28(R) due to clerical error; approving work with ETMC and the Southeast Collin County Emergency Medical Services Coalition to apply for grant funding through the Texas Healthcare Transformation and Quality Improvement Program in accordance with Section 1115 of the Social Security Act, known as the 1115 Waiver; and providing for an effective date. Discussion The SECCEMS Coalition and ETMC are investigating the possibility of applying for funding through the 1115 Waiver Program offered through the Texas Health and Human Services Department matching public funds to an EMS delivery system. In order to apply for funding, the government requires a resolution be considered through a public meeting. The program offers funding which matches, for instance, every dollar the Coalition pays ETMC for ambulance service, and could match over 100% of the funds currently expended. The additional funds acquired from the program could initially go towards funding a second ETMC Coalition ambulance for approximately eight hours a day, five days a week, during peak hours, if this joint public-private submittal is successful. The funding offered is for a four year time period. Resolution No. 2013-11(R)will replace Resolution 2012-28(R) and correct the caption verbiage. Page 1 of 1 RESOLUTION NO. 2013-11j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEALING RESOLUTION NO. 2012-28 DUE TO CLERICAL ERROR; APPROVING WORK WITH ETMC AND THE SOUTHEAST COLLIN COUNTY EMERGENCY MEDICAL SERVICES COALITION TO APPLY FOR GRANT FUNDING THROUGH THE TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM IN ACCORDANCE WITH SECTION 1115 OF THE SOCIAL SECURITY ACT, KNOWN AS THE 1115 WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted Resolution No. 2012-28 to approve grant funding through the Texas Healthcare Transformation and Quality Improvement Program; and WHEREAS, it has come to the attention of the City of Wylie, Texas ("City") that a clerical error occurred in the caption to Resolution No. 2012-28; and WHEREAS, the City desires to repeal Resolution No. 2012-28, based upon the clerical error, and adopt a resolution to correct the clerical error and adopt the recitals and substance of Resolution No. 2012-28; and WHEREAS on December 12, 2011, the Centers for Medicare and Medicaid Services approved the Texas request for a new Medicaid demonstration waiver entitled "Texas Healthcare Transformation and Quality Improvement Program" in accordance with section 1115 of the Social Security Act, known as the 1115 Waiver, this new program was approved through September 30, 2016; and WHEREAS, this program replaces the Medicaid Upper Payment Limit (UPL) supplemental payment program with two new supplemental payment programs called the Delivery System Reform Incentive Payment (DSR1P) program and the Uncompensated Care (DC) program; and WHEREAS, the City desires to be able to consider making an Resolution No.2013-11(R)ETMC&The Southeast Collin County Emergency Medical Services Coalition Grant Funding- 1115 Waiver Page 1 of 3 intergovernmental transfer (IGT) of funds to the Texas Health and Human Services Commission for either DSRIP or UC participation purposes with one or more performing providers who have met the qualifications established by the 1115 Waiver, during the period October 1, 2012 to September 30, 2016. 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. That the City may provide IGT's under the terms of the 1115 Waiver during the period October 1,2012 to September 30, 2016 for DSRIP or DC purposes for the performing providers and DSR1P projects listed below: East Texas Medical Center Athens East Texas Medical Center Carthage East Texas Medical Center Clarksville East Texas Medical Center Crockett East Texas Medical Center Fairfield East Texas Medical Center Gilmer East Texas Medical Center Henderson East Texas Medical Center Jacksonville East Texas Medical Center Mt. Vernon East Texas Medical Center Pittsburg East Texas Medical Center Quitman East Texas Medical Center Trinity East Texas Medical Center Tyler DSR1P projects: 1. Expand primary care access (physician recruitment). 2. Expand primary care access (extend clinic operating hours). 3. Reduce inappropriate emergency department use (develop & implement triage protocol). 4. Reduce readmissions (provide post discharge support for congestive heart failure patients). Section 3. That this resolution shall become effective from and after its passage. Resolution No.2013-XX(R)ETMC&The Southeast Collin County Emergency Medical Services Coalition Grant Funding- 1115 Waiver Page 2 of 3 DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 14th day of May, 2013. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2013-XX(R)ETMC&The Southeast Collin County Emergency Medical Services Coalition Grant Funding- 1115 Waiver Page 3 of 3 RESOLUTION NO. 2012-28 (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 AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS, THE CITY OF MURPHY, TEXAS AND ALCATEL-LUCENT USA, INC. FOR THE PURCHASE OF PRODUCTS AND SERVICES RELATED TO A MICROWAVE RADIO SYSTEM FOR A JOINT RADIO COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: WHEREAS on December 12, 2011, the Centers for Medicare and Medicaid Services approved the Texas request for a new Medicaid demonstration waiver entitled "Texas Healthcare Transformation and Quality Improvement Program" in accordance with section 1115 of the Social Security Act. Known as the 1115 Waiver, this new program was approved through September 30, 2016. WHEREAS, this program replaces the Medicaid Upper Payment Limit (UPL) supplemental payment program with two new supplemental payment programs called the Delivery System Reform Incentive Payment (DSRIP) program and the Uncompensated Care (DC) program. WHEREAS, The City of Wylie, Texas desires to be able to consider making an intergovernmental transfer (IGT) of funds to the Texas Health and Human Services Commission for either DSRIP or UC participation purposes with one or more performing providers who have met the qualifications established by the 1115 Waiver, during the period October 1,2012 to September 30,2016. BE IT RESOLVED that The City of Wylie, may provide IGT's under the terms of the 1115 Waiver during the period October 1,2012 to September 30, 2016 for DSRIP or DC purposes for the performing providers and DSRIP projects listed below. Resolution No.2012-28(R) Alcatel-Lucent USA Agreement East Texas Medical Center Athens "" East Texas Medical Center Carthage East Texas Medical Center Clarksville East Texas Medical Center Crockett East Texas Medical Center Fairfield East Texas Medical Center Gilmer East Texas Medical Center Henderson East Texas Medical Center Jacksonville East Texas Medical Center Mt. Vernon East Texas Medical Center Pittsburg East Texas Medical Center Quitman East Texas Medical Center Trinity East Texas Medical Center Tyler DSR1P projects: 1. Expand primary care access(physician recruitment). 2. Expand primary care access(extend clinic operating hours). 3. Reduce inappropriate emergency department use (develop & implement triage protocol). 4. Reduce readmissions (provide post discharge support for congestive heart failure patients). DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 14th day of August, 2012. e Eric Hogue, or ATTEST TO: _.. i.. file-4' i‘ee_. -, ,8.1_,44.:r fiLO.(?!..11,1rk_ et:e.-4,‘\ \ Carole Ehrlich, t Secreta C - "3 ' F 1 Ar • s► .a suwy� ,'. •1887• Resolution No.2012-28(R) Alcatel-Lucent USA Agreement +t`L OF Wp ra • Wylie City Council le AGENDA REPORT oiss7•, "rE op S'E0 Meeting Date: May 14,2013 _ Item Number: H Department: Jeff Butters—Asst. City Mgr (City Secretary's Use Only) Prepared By: Glenna Hayes -Purchasing Account Code: 112-5615-58910 Date Prepared: May 7, 2013 Budgeted Amount: $80,000 Exhibits: n/a Subject Consider and act upon the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of$52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. Recommendation Consider and act upon the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of$52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. Discussion Staff recommends the award of bid number W2013-43-B for the Wylie Senior Center Interior Renovation in the total amount of$52,653.00 as follows: Concord Commercial Services Inc.—Plumbing, glasswork and touch-up painting $26,480.00 Lutz Woodworks—Millwork/cabinetry $13,673.00 Wylie Carpet and Tile—Flooring $12,500.00 The recommended award by trade represents the overall best value for the City, and a cost savings of $20,147.00 vs. award in-total to a single contractor at$72,800.00. Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 14, 2013 Item Number: 1. Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: April 8, 2013 Budgeted Amount: Exhibits: Ordinance No. 2005-55 Subject Consider, and act upon, the appointment of two committee members to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Recommendation Motion to appoint and to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Discussion In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Pursuant to Ordinance No. 2005-55, the Subcommittee shall consist of three members, to be appointed by the Wylie City Council for the remainder of the term that said member serves on the council or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term (of office), that member shall not continue his/her membership until replaced. Current members serving on the sub-committee are: WISD Trustee members: Heather Leggett-Chairperson, Tom Westhora-Trustee, and Mitch Herzog-Trustee. Current City Council members are: Chair, Kathy Spillyards, Mayor Eric Hogue, and Council member David Goss. Also in attendance are: WISD Committee facilitator David Vinson and City of Wylie facilitator City Manager Mindy Manson. Mayor Pro Tem Kathy Spillyards and Councilman David Goss did not seek re-election to the Wylie City Council in 2013 leaving those positions on the Subcommittee vacant per Ordinance No. 2005-55. Staff is requesting these positions on the subcommittee be filled by appointment of another council member to serve in each capacity. Page 1 of 1 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. 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: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3) weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: 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, 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 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Date to be published in The Wylie News— November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 14, 2013 Item Number: 2. Department: City Secretary (City Secretary's Use Only) Prepared By: Lisa Pruett Account Code: Date Prepared: April 25, 2013 Budgeted Amount: Exhibits: Resolution No. 2006-17(R) Subject Consider, and act upon, the appointment of a 2013 Board and Commissions City Council Interview Panel to conduct the May/June 2013 board applicant interviews. Recommendation Motion to appoint , , and to serve on the 2013 Boards and Commissions City Council Interview Panel. Discussion Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until late May of each calendar year. Additionally, in May/June of each year,the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures in Resolution 2006-17(R) comply with the Texas Open Meetings Act. The Resolution is attached for your review. Proposed interview meeting dates will be Monday, May 20th, Wednesday, May 22nd, and Thursday, May 23rd, from 6:00 p.m. - 9:30 p.m. each night. An alternate date of May 29th can be used in the event panel members are unable to attend one of the above dates. Immediately following the final evening's interviews, the panel will deliberate on recommendations to be submitted to the City Council at the June 11, 2013 regular meeting. This timeline for approval by June 11th will allow time for each new member to be sworn in at the June 25th Council meeting and begin their terms on July 1, 2013. All Council members will receive the scheduled appointment list and all applications submitted prior to the interview process. Page 1 of 1 RESOLUTION NO. 2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS,the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three(3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No.2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 23`d day of May 2006. John ondy, ayor ATTEST: OF 1vj _ SEAL 771. Caro a Ehrlich, ecretary s• yt/E,TEi"%%0• 1nrn����ttt Resolution No.2006-17(R) Boards and Commission Interview Process '` - `" Wylie City Council Sri:'I`ve .trettrr` - k AGENDA REPORT �ssy,3. Were or tst0 Meeting Date: May 14,2013 Item Number: 3. (City Secretary's Use Only) Department: City Manager Prepared By: Jeff Butters Account Code: Date Prepared: April 23,2013 Budgeted Amount: Exhibits: Resolution Subject Consider and act upon Resolution NO. 2013-12 (R), a resolution of the City Council of the City of Wylie, Texas, authorizing the City Manager of the City of Wylie, Texas to direct staff and/or consultants contracted by the City for a compensation study, to utilize the selected Cities for the purpose of comparison for a salary survey. Recommendation Motion to approve Resolution No. 2013-12 (R), a resolution of the City Council of the City of Wylie, Texas, authorizing the City Manager of the City of Wylie, Texas to direct staff and/or consultants contracted by the City for a compensation study, to utilize the following cities: for the purpose of comparison for a salary survey. Discussion At the February 26, 2013 City Council meeting Council authorized the City Manager to enter into an agreement with Watters Consulting to do a compensation study for City of Wylie employees. Before a salary survey can be completed the City must decide what cites we will compare our salaries to. The last Compensation Study undertaken by the City of Wylie was in 2005. At that time the City Council chose the following cities to use for comparison: Allen, Frisco, Garland, McKinney, Murphy, Plano, Richardson, Rowlett, and Sachse. Staff would like feedback from the Council as to which cities to use for comparison for the 2013 salary survey, and annual salary surveys thereafter. Page 1 of 1 RESOLUTION NO. 2013-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO DIRECT STAFF AND/OR CONSULTANTS CONTRACTED BY THE CITY FOR A COMPENSATION STUDY, TO UTILYZE THE SELECTED CITIES FOR THE PURPOSE OF COMPARISON FOR A SALARY SURVEY. 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 to direct staff and/or consultants contracted by the City to complete a compensation study, to utilize the following Cites for the purpose of comparison for a salary survey, attached hereto as Exhibit "A" and incorporated herein for all purposes. SECTION 2. This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14thday of May, 2013. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2013-12(R) Comparison Cities for the City of Wylie 2013 Salary Survey Page 1 of 2 Exhibit "A" (Comparison Cities) Resolution No.2013-12(R) Comparison Cities for the City of Wylie 2013 Salary Survey Page 2 of 2 THE WATERS Compensation Consulting ElCONSULTING Executive Recruitment GROUP, INC. Web Based HR Solutions BUILDING EFFECTIVE CLASSIFICATION AND COMPENSATION SYSTEMS TO ATTRACT 714/71: AND RETAIN TALENTED EMPLOYEES Presented to: City Council — City of Wylie CITY OF WYLIE May 14, 2013 `q rit 4 c r-‘ INP Presented by: ra-4-r ile , N4,,v) Linda G. Wishard, Senior Consultant f 4 i ` '+". . ,. The Waters Consulting Group, Inc. s Lii ! 4N - Serving LOCAL GOVERNMENT THE WATERS CONSULTING GROUP, INC. & ORGANIZATIONS 5050 Quorum Drive Phone: 972.481.1950 Suite 625 Toll-free: 800.899.1669 uuuunuu Dallas,TX 75254 Fax 972.481.1951 nmmllnnn I amomM . IIIt III :nlnM1 Iron.. i ills I"' Ilfill Dallas Austin 1 Cleveland Denver waters ulti . corn BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie I May 14,2013 CITE WYLIE Purpose of Today's Meeting • Review Project Scope • City Compensation Philosophy • Benchmark Organizations — Competitive Survey • Other City Council Feedback and Concerns Dallas Austin Cleveland Denver ©2013-The Waters Consulting Group, Inc. consulting BUILDING EFFECTIVE CLASSIFICATION& 151 THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie May 14,2013 CITE WYLIE Project Objectives An effective compensation system must be: Consistent with organizational structure ✓ CoiMIRM to the management style a objectives ✓ Externally and internally competitive ✓ Easily understood lexible to meet the changing needs of the City ✓ Financially sound ✓ Effectively and efficiently administered Dallas I Austin I Cleveland Denver ©2013-The Waters Consulting Group, Inc Nil consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMSII Innovative Human Resouce Management Solutions City of Wylie I May 14,2013 CITE WYLIE g Project Overview Joy �i�aJ!Jai ti psi iryJ J ,ii) —► J`1J-i_rsk ' ir_1J�Iry System/Pay .c- c - -rc 3tJrl y rJ'!J UT Administration Goals & Objectives Pay Philosophy and Policy COMMUNICATION Dallas I Austin I Cleveland Denver ©2013-The Waters Consulting Group, Inc. iiiii. consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie May 14,2013 CITE WYLIE Benefits of a Compensation Philosophy Simply Defined: An Organization's commitment to how it values its employees l Typical Goals of the Philosophy is to define how the organization will "Attract, Retain, and Motivate Qualified Employees" Utilization of a Total Compensation Philosophy to: Prioritize dollars between direct pay, benefits, and incentives Establish strategies to support key principles Determine relationship of pay to market Dallas Austin Cleveland Denver ©2013-The Waters Consulting Group, Inc. consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie I May 14,2013 CITE WYLIE For Future Discussion : Pay Policy Options Above Market Strategy Range midpoints above market average At Market Strategy Range midpoints on average with market Below Market Strategy Range midpoints below market average Dallas I Austin I Cleveland I Denver ©2013-The Waters Consulting Group, Inc. consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie May 14,2013 CITE WYLIE Job Analysis J J 11 ri J r usi Em Job Analysis Management val "cis) .IJL1f L f](Li (education and experience equirements, essential Orientation Sessions Man. ` ent functions, etc.) C uestionnaire Review/ Updated Job Review and Create New Determination of FLSA Classification System Descriptions Status Dallas I Austin I Cleveland Denver ©2013-The Waters Consulting Group, Inc. consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS111 Innovative Human Resouce Management Solutions City of Wylie May 14,2013 CITE WYLIE Job Evaluation System Compensable Factors Create an Internal Hierarchy of Jobs ••• actors are paid-for, measurable qualities, features or requirements common to all jobs. •' Performance at an acceptable level is assumed. ❖ Considers what the job requires most of the time under normal circumstances. actors are relatively easy to describe and consistently applied across departments. Dallas I Austin I Cleveland Denver ©2013-The Waters Consulting Group, Inc. consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie May 14,2013 CITE YYYLIE Compensable Factors Formal Education Experience I r �r 111- i_ if , I JII " " ® . L • G a .tion fDrrfEdii i H ii.iiJrt� r ciLJ yri,)HJ equired for the job, this factor measures r9Fj!iJr fJ fur rirry inn rf_1 he degree of experience required for Management/Supervision Human Collaboration Skills Freedom to Act Technical Skills Working Conditions Fiscal Responsibility Dallas I Austin I Cleveland I Denver ©2013 The Waters Consulting Group, Inc. waters .com AI BUILDING EFFECTIVE CLASSIFICATION& EITHE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS1115 Innovative Human Resouce Management Solutions City of Wylie May 14,zo13 CITE WYLIE Market Survey u • is ed urvey I aa and Customized Survey tailored to the City's specific requirements, including both pay and pay practices data collection - 0. 4-- - - z _,1. Dallas I Austin I Cleveland Denver ©2013-The Waters Consulting Group, Inc. .Com BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie I May 14,2013 CITE WYLIE Labor Market Identification Competition for talent, skills Similar services, size, positions Proximity Spread a wide net, then screen for comparables Dallas I Austin I Cleveland Denver ©2013-The Waters Consulting Group, Inc. consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions City of Wylie May 14,2013 CITE WYLIE Updating Salary Structures In recommending updates to the City of Wylie's compensation plan, WCG will consider: 0.4Number of Structures and range spread (distance from inimum to maximum); 20 Midpoint progression (difference in midpoint from one range to the next); and 03 Relationship to market data based on compensation philosophy. L.. - Dallas I Austin I Cleveland Denver ©2013-The Waters Consulting Group, Inc. consulting BUILDING EFFECTIVE CLASSIFICATION& THE WATERS CONSULTING GROUP, INC. COMPENSATION SYSTEMS IP Innovative Human Resouce Management Solutions ll City of Wylie I May 14,2013 CITE WYLIE Implementation and Maintenance il Implementation Assessor - ,r { _ Final Report Scenarios Need for ,iyrJ31if) and (based on 0 Changes to P. y gigPresentation of impact analysis) Practices Stud, Results 1 t. J al 61. Dallas Austin Cleveland Denver ©2013-The Waters Consulting Group, Inc. iiiii consulting BUILDING EFFECTIVE CLASSIFICATION& 17 THE WATERS CONSULTING GROUP, INC. i COMPENSATION SYSTEMS Innovative Human Resouce Management Solutions j City of Wylie I May 14,2013 CITY II OF WYLIE Jq Questions? • -/ Dallas Austin Cleveland Denver ©2013-The Waters Consulting Group, Inc. consulting WYLIE, TX POTENTIAL BENCHMARK ORGANIZATIONS FOR SALARY SURVEY April 2013 ERI Land People Factor Population Median Median Area Per (Cost of Salaries Population Change Household House Value (Sq. Square Geographic Geographic Organization County (July 2011) Since 2000 Income 2009 2009 Miles) Mile Differntial) Differential Wylie, TX Collin 41,753 175.90% $ 67,572 $ 159,514 19.40 2,156 99.6 n/a Local Cities - Population size medium 1 Bedford, TX Tarrant 47,183 0.10% $ 59,386 $ 154,325 10.00 4,717 95.1 4.5% 2 DeSoto, TX Dallas 49,194 30.70% $ 57,537 $ 149,561 21.60 2,280 98.8 0.8% 3 Grapevine, TX Tarrant 46,536 10.60% $ 73,131 $ 210,566 32.30 1,442 94.4 5.2% 4 Hurst, TX Tarrant 37,496 3.40% $ 52,094 $ 139,618 9.90 3,786 94.1 5.5% 5 Keller, TX Tarrant 39,804 45.60% $ 113,760 $ 261,421 18.40 2,159 95.0 4.6% 6 Lancaster, TX Dallas 36,470 40.80% $ 47,154 $ 114,579 29.30 1,245 98.5 1.1 7 Little Elm, TX Denton 26,077 615.20% $ 75,806 $ 156,246 4.85 5,375 102.3 -2.7% 8 Mansfield, TX Tarrant 56,611 102.00% $ 84,855 $ 180,944 36.50 1,552 98.0 1.6% 9 Murphy, TX Collin 17,848 475.90% $ 107,806 $ 253,186 5.25 3,397 99.6 0.0% 10 Rockwall, TX Rockwall 37,937 111.00% $ 76,958 $ 206,497 22.30 1,703 98.4 1.2% 11 Rowlett, TX Dallas 56,406 26.70% $ 79,293 $ 159,904 20.20 2,789 99.6 0.0% 12 Sachse, TX Dallas 20,423 109.40% $ 82,219 $ 171,362 9.73 2,098 99.6 0.0% Local Cities - Popluation size large 13 Allen, TX Collin 84,913 95.00% $ 100,843 $ 197,500 26.30 3,224 102.3 -2.7% 14 Frisco, TX Collin 117,871 249.60% $ 101,972 $ 238,600 69.90 1,687 102.3 -2.7% 15 Garland, TX Dallas 227,559 5.50% $ 49,504 $ 117,400 57.10 3,985 99.6 0.0% 16 McKinney, TX Collin 132,140 143.00% $ 74,784 $ 188,800 58.00 2,277 98.3 1.3% 17 Mesquite, TX Dallas 140,245 12.60% $ 50,057 $ 112,400 43.40 3,230 99.5 0.1 18 Plano, TX Collin 261,888 18.00% $ 77,140 $ 212,000 71.60 3,659 99.6 0.0% 19 Richardson, TX Dallas 99,660 8.60% $ 60,059 $ 179,200 28.60 3,489 99.7 -0.1 Regional Cities - Other Texas Metro Areas 20 Conroe, TX Montgomery 57,466 56.10% $ 43,897 $ 125,550 37.80 1,521 98.4 1.2% 21 League City, TX Galveston 83,961 84.80% $ 86,085 $ 177,900 51.20 1,639 98.3 1.3% 22 Missouri City, TX Fort Bend 67,964 28.40% $ 83,424 $ 169,900 29.70 2,289 98.2 1.4% 23 New Braunfels, TX Comal 58,226 59.50% $ 58,584 $ 171,609 29.20 1,991 90.3 9.3% 24 San Marcos, TX Hays 45,205 30.20% $ 26,357 $ 123,301 18.20 2,483 95.4 4.2% Private Sector Data - Published Surveys Economic Research Institute Salary Assessor