05-25-2010 (City Council) Agenda Packet Wylie City Council
CITY i F WYLIE NOTICE OF MEETING
Regular Meeting Agenda
May 25, 2010 - 6:00 pm
Wylie Municipal Complex
Council Chambers/Council Conference Room
2000 Highway 78 North
Eric Hogue Mayor
M. G. "Red" Byboth Mayor ProTem
David Goss Place 1
Kathy Spillyards Place 3
Bennie Jones Place 4
Rick White Place 5
Carter Porter 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 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must 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.
May 25,2010 Wylie City Council Regular Meeting Agenda Page 2 of 3
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 May 11, 2010 Regular Meeting and
the May 18, 2010 Special Called Canvass Meeting of the Wylie City Council. (C. Ehrlich,
City Secretary)
B. Consider, and act upon, approval for a Re-plat of the Williams Addition, Block A, Lots 3-5
creating three commercial lots. Subject property being generally located north of FM 544
and approximately 825 feet west of Springwell Parkway. (R. 011ie, Planning Director)
C. Consider and act upon executing a contract between the Corp of Engineers and the City of
Wylie for Lake Patrol. (Police Department)
D. Consider and place on file the City of Wylie Monthly Revenue and Expenditure Reports as
of April 30,2010 (L. Bantz, Finance)
E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of April 30, 2010. (S. Satterwhite, Wylie Economic
Development Corporation)
F. Consider, and act upon awarding a bid for the purchase and installation of a new
emergency generator. (J.. Holcomb, Purchasing)
REGULAR AGENDA
Public Hearing
1. Conduct a Public Hearing for the dis-annexation of a 2.0 acre tract of land situated in the
Francisco de la Pina Survey, Abstract No. 688, Block 1, Tract 201, Collin County, Texas,
generally located east of Paul Wilson Road and south of Skyview Drive. (R. 011ie, Planning
Director)
Executive Summary
This dis-annexation is at the written request of the property owner, MICHELLE BLOCKER. She is requesting that
the City dis-annex the subject property, citing failure of the City to provide city services to the property. Owners
who reside on property to be dis-annexed can force dis-annexation for non-provision of services. Ms. Blocker does
not reside on the property and cannot force the City to dis-annex. However, the Council may grant the request,
though it does not have to,by adoption of an ordinance dis-annexing the property.
May 25,2010 Wylie City Council Regular Meeting Agenda Page 3 of 3
General Business
2. Consider and act upon the final art design recommendation for the Founder's Park CIP
Public Art Project and authorize the City Manager to execute an agreement to commission
the art. (C. Ehrlich, City Secretary/Public Arts Advisory Board)
Executive Summary
The Wylie Public Arts Advisory Board is recommending the selection of"Catch" by artist Madeline Wiener as the
final design for the Founder's Park Public Art Project. The proposed space for the art project is located in a circular
area in the middle of the main concession stand/restroom area near the soccer fields. In the course of the
presentation to both the selection panel and the board,different designs were reviewed to accomplish the best design
to enhance both the art space and the activities that would be taking place in the park. The artist and panel/board
members also discussed the best way to display the art from a pedestrian vantage point, coming into this area from
either walkway.The board also wanted to insure there was space within the area for seating. The final design creates
two sculptures catching an imaginary ball. The board added larger risers to each sculpture to allow additional
seating. The"catcher"will measure 6 feet in width by 6 feet in length and will be installed on a riser 9 feet in width
and 18"in height bringing the total height to over 7 feet. The sculpture throwing the imaginary ball will be 5 feet in
width by 5 feet in length and will be installed on a 6 foot riser with 18" height, bringing the total height to over 6
feet. This will still leave ample space within the circular art space (26' in diameter) and will allow both interaction
with the sculptures and areas for rest.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 21st day of May, 2010 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this
agenda is also posted on the City of Wylie website: www.wylietexas..gay.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, May 11, 2010 - 6:00 p.m.
Wylie Municipal Complex - Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:05 p.m. with the following Wylie City Council
members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Carter Porter, Councilman Bennie Jones and Councilman Rick White.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City
Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Building Official, Mike McAnnally; Fire
Chief, Randy Corbin; Public Services Director, Mike Sferra; Finance Director, Linda Bantz;
Library Director, Rachel Orozco; WEDC Executive Director; City Secretary, Carole Ehrlich;
Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Randy Corbin gave the invocation and Junior Girl Scout Troop 1516 led the Pledge of
Allegiance. Troop members present included: Kennedy Russel, Niki McVicker, Katherine
Hairston, Savanna Bearden, Brittany Blythe, Reilly Clark, and Emily Gray. Troop Leader Twana
McVicker was also in attendance.
PRESENTATIONS
• Presentation from Ryan Tomlinson, a student of the TPSP/Independent Study class at
Wylie High School to present a special project for the South Ballard Overlay District. (R
011ie, Planning Director)
Planning Director Renae' 011ie introduced Mr. Ryan Tomlinson, a student of the
TPSP/Independent Study class at Wylie High School. Mr. Tomlinson explained that as a class
project he had decided to research the newly proposed South Ballard Overlay project for the
City of Wylie. He explained he was interested in pursuing a career in architecture and felt this
project would benefit both the city and his future studies.
Mr. Tomlinson displayed several ideas for multi-use "brownstone" designed buildings ranging
from 1,600 square feet to 3,700 square feet. He presented several options of floor plans and
explained that within the two to three story structures, business offices and retail shops could be
Minutes May 11, 2010
Wylie City Council
Page 1
housed on the ground floors. Additionally, a bridge linking south Ballard to north Ballard was
presented. He explained this would allow easy access to both downtown areas across SH 78.
Council members thanked Mr. Tomlinson for his research and presentation. Mr. Tomlinson
invited those present to his final presentation on May 25, 2010 at the Wylie High School.
• Presentation to 5th Six Weeks Star Students Demonstrating the Character Trait of
"Fairness." (Mayor Eric Hogue)
Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the
character trait of"Fairness." Each six weeks one student from each WISD campus is chosen as
the 'star student."
• Presentation of Motorcycle Safety and Awareness Month. (Mayor Hogue)
Mayor Hogue presented a proclamation designating the month of May as "Motorcycle Safety
Awareness Month." Members of the Wylie Black Sheep Motorcycle Club were present to
receive the proclamation.
• Presentation for a proposed new Wylie Senior Center (Don Hallum)
Don Hallum, Reverend Al Draper, and Rita Smith presented a proposal to use the current Rita
and Truett Smith Public Library for a new senior adult center. He explained that once the library
moved to the new location within the complex on SH 1378, the current library would be available
and would provide additional space for the seniors currently using the Bart Peddicord
Community Center. He noted that funding could be raised to offset some of the costs of
renovating the current library for this purpose.
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.
There were no citizens present to address council during citizen's comments.
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 27, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
Council Action
A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
Tabled Item from 4-27-2010
Minutes May 11, 2010
Wylie City Council
Page 2
Council Action
A motion was made by Councilman Porter to remove Item #1 from the table and consider.
Consensus of the council was to remove and consider.
1. Consider and act upon approval of Ordinance No. 2010-06, establishing speed zones
for SH 78 from south of Sanden Blvd. to north of Kirby Street and from Oak Street
to Spring Creek Parkway. (C. Holsted, City Engineer)
Executive Summary
City Engineer Hoisted addressed council stating that the Texas Department of Transportation (TxDOT)
has a widening project currently under construction from north of the President George Bush Tollway to
Spring Creek Parkway. TxDOT has requested that the City lower the speed limit along SH 78 to 45 miles
per hour. The reduction in speed will provide a safer working environment for the workers and help
reduce traffic accidents by allowing the installation of a low profile median barrier which provides better
site distance for motorists.
Mr. Hoisted explained that he had contacted TxDOT and they had recommended the additional wording
to allow the speed limits to be enforced during construction periods only. The approved Ordinance will be
forwarded to TxDOT and will authorize them to install the appropriate speed limit signs.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to approve
Ordinance No. 2010-06 establishing speed zones for SH 78 from south of Sanden Blvd. to north
of Kirby Street and from Oak Street to Spring Creek Parkway. A vote was taken and the motion
passed 7-0.
2. Consider, and act upon, the appointment of a 2010 Board and Commissions City
Council Interview Panel to conduct the June 2010 board applicant interviews.
(C.Ehrlich, City Secretary)
Staff 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
May 31st of each calendar year. Additionally, in June of each year, the applications are compiled into
appointment timeframes to allow the three council member panel 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.
Mayor Hogue asked council for a motion to appoint the 2010 three member panel. Mayor Pro Tem
Byboth noted that since the Mayor Pro Tem was a member of this panel and the selection of the 2010
Mayor Pro Tem position would not be determined until May 18th, could the item be tabled to that meeting.
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to table
consideration of the 2010 Boards and Commissions Interview Panel to the May 18, 2010
Special Called Meeting. A vote was taken and the motion passed 7-0.
Minutes May 11, 2010
Wylie City Council
Page 3
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article 111, Section 13-D.
City Secretary Ehrlich read the caption to Ordinance No. 2010-06 into the official records.
WORKSESSION
• Work session with staff regarding recommendations from the Parks and Recreation
Board for the new Recreation Center's operating names, business hours, facility
rental fees, membership dues, daily use fees and employee membership fees.
Recreation Supervisor Robert Diaz addressed council stating that after the last work session
regarding facility fees, membership fees and naming of the new facility, staff and the parks
board revised some of the proposed fees to be in line with the direction given by council.
Mr. Diaz presented comparisons of fees charged by other cities with regard to membership and
rental of the facilities. He reported the fees presented were very much in line with other cities.
Diaz explained that in the new proposal for membership fees, option #3 allowed cost recovery of
up to 91% (12 month period) of the operating expenses. He reported the fees at this level were
still much lower than commercial fitness facilities and provided many services. Diaz reported the
parks board had recommended naming the facility the Wylie Recreation Center.
Direction from council was to further research fees charged on rentals to clean the rooms and
cancellation fees charged by other cities
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Goss, seconded by Mayor Pro Tem Byboth to adjourn the meeting at 8:45 p.m. Consensus of
the council was to adjourn.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes May 11, 2010
Wylie City Council
Page 4
Wylie City Council
CITY OF WYLIE
Minutes
Special Called Meeting Agenda
May 18, 2010 — 6:00 p.m.
Wylie Municipal Complex-Council Chambers
2000 North Highway 78
Wylie, Texas
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Hogue called the meeting to order at 6:02 p.m. with the following city council members
present: Councilwoman Kathy Spillyards, Mayor Pro Tern "Red" Byboth, Councilman David
Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Bennie Jones.
Staff present were: City Manager Mindy Manson, Assistant City Manager, Jeff Butters; Public
Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
John Spillyards, husband of Councilwoman Kathy Spillyards gave the invocation and Austin
Goss, son of Councilman David Goss and Barbara Goss led the Pledge of Allegiance.
CANVASS OF ELECTION
• Consider, and act upon, Resolution No. 2010-19(R) declaring the results of the
Official Canvass of the General Election of May 8, 2010.
Council Action
A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Jones to approve
Resolution No. 2010-19(R) declaring the results of the official canvass for the general election of
May 8, 2010 and electing Place 1, David Goss and Place 3, Kathy Spillyards to the Wylie City
Council for a three year terms. A vote was taken and the motion passed 7-0.
ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS
• Presented by Judge Art Maldonado
Minutes— May 18, 2010
Special Called Meeting
Canvass of May 8, 2010 General Election
Wylie City Council
Page 1
Judge Art Maldonado presented Kathy Spillyards and David Goss with the Certificates of
Elected Council Members.
ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL
MEMBERS
• Administered by Judge Art Maldonado
Judge Art Maldonado administered the oath of office to newly elected members Kathy Spillyards
and David Goss. Family members of the newly elected council members were present for the
administering of the oath.
Each member took their place on the Wylie City Council.
APPOINTMENT OF MAYOR PRO TEM
• Consider, and act upon, appointment of the Mayor Pro Tem for a one year term
beginning May 2010 and ending May 2011.
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to appoint
Councilman "Red" Byboth to serve as Mayor Pro Tern for a one year term beginning May 2010
and ending May 2011. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
Tabled Item from 5-11-2010
Motion to remove from the table and consider and act upon.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to remove
consideration of the appointment of a three council member boards and commissions interview
panel from the table. A vote was taken and the motion passed 7-0.
1. Consider, and act upon, the appointment of a 2010 Board and Commissions City
Council Interview Panel to conduct the June 2010 board applicant interviews. (C.
Ehrlich, City Secretary
Staff 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
May 31st of each calendar year. Additionally, in June of each year, the applications are compiled into
appointment timeframes to allow the three council member panel to interview each applicant and
Minutes—May 18, 2010
Special Called Meeting
Canvass of May 8, 2010 General Election
Wylie City Council
Page 2
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.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to appoint Mayor
Pro Tern "Red" Byboth, Kathy Spillyards and Bennie Jones as the 2010 Wylie Boards and
Commissions Interview Panel. A vote was taken and the motion passed 7-0.
Mayor Pro Tern Byboth addressed Mayor Hogue and the council asking if an alternate to this
panel could be appointed in the event one of the panel members was unable to attend one of
the scheduled meetings.
Mayor Hogue asked the council if they wished to reconsider this item to include an alternate.
Council Action to Reconsider
A motion was made by Councilman Porter, seconded by Councilman White to reconsider action
on Item #1. A vote was taken and the motion passed 7-0.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to appoint Mayor
Pro Tem "Red" Byboth, Councilwoman Kathy Spillyards, and Councilman Bennie Jones to the
2010 Wylie Boards and Commissions Interview Panel and Councilman Porter to serve as an
alternate in the event one of the panel members was unable to attend. A vote was taken and the
motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards,
Councilman Jones, Councilman Porter and Councilman White voting for and Councilman Goss
voting against.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Porter, seconded by Mayor Pro Tem Byboth to adjourn the meeting at 6:15 pm. A vote was
taken and the motion passed 7-0.
A reception was held immediately following the Special Called Meeting to honor the newly
elected council members Kathy Spillyards and David Goss.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes—May 18, 2010
Special Called Meeting
Canvass of May 8, 2010 General Election
Wylie City Council
Page 3
•
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 25, 2010 Item Number: B
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: May 18, 2010 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of a Replat of Williams Addition, Block A, Lots 3-5 creating three commercial
lots. Subject property being generally located north of FM 544 and approximately 825 feet west of Springwell Parkway.
Recommendation
Motion to deny a Replat for Williams Addition, Block A, Lots 3-5 creating three commercial lots. Subject property
being generally located north of FM 544 and approximately 825 feet west of Springwell Parkway.
Discussion
Due to on-going revisions of site plan and replat submitted by the applicant and reoccurring amendments to the
circulation layout; staff has concerns regarding the development of this property.
The Site Plan was approved by the Commission on April 20`h. Over the next few weeks the applicant made
significant changes to the circulation, but did not reflect those changes on the Replat. In addition, fire lanes
were added to the approved Replat, but not to the Site Plan.
The proposed revisions do not correspond with Planning & Zoning Commission's recommendation. Therefore,
staff is recommending that this item be denied without prejudice.
Approved By
Initial Date
Department Director RO 05/18/10
City Manager =% 5-6-e)///0
r ,.
Page 1 of 1
I OWNER:
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US ATLANTIC CORPORATION
April 30,2010
Charles H Lee AICP
Senior planner
City of Wylie Planning
RE:Williams Addition Block A Lots RR PLAT
Dear Charles,
As per my meeting with you yesterday regarding the common driveway connecting our lot to the Quick
Trip Lot.
At this time we are expecting to have some minor changes to the driveway. This will be necessitated in
order to align it with the Quick Trip.
Therefor it is requested that our application be put on hold and not be presented to the City Council until
the time we present you with the revised site plan.
Sincerely,
1 ),
Dinesh Mehra
2000 EAST LAMAR BLVD #600 • ARLINGTON/TX • 76006
PHONE: 8178817841 • FAX: 1 866 560 1307
74 Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 25, 2010 Item Number: C
Department: Police Department
(City Secretary's Use Only)
Prepared By: Lt Mike Atkison Account Code:
Date Prepared: May 12, 2010 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, a Cooperative agreement for additional Law Enforcement Services, Between the
City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-10-P-0220 and the U.S. Army
Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from
May 28, 2010 through September 06, 2010 for a sum not to exceed $56,561.40
Recommendation
Authorize the Mayor to enter into an agreement with the U.S. Army Corp of Engineers for the provision
of additional law enforcement services from May 28, 2010 through September 06, 2010 for a sum not to
exceed $56,561.40 Per Agreement no. W9126G-10-P-0220.
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.
Approved By
Initial Date
Department Director MRA 05/12/2010
City Manager
Page 1 of 1
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 56
OFFEROR TO COMPLETE BLOCKS 12, 17,23,24,AND 30 Wd5XMA01243338
2.CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4.ORDER NUMBER 5.SOUCITATION NUMBER 6.SOLICITATION ISSUE DATE
W9126G-10-P-0220 10-May-2010 W9126G-10-T-0111 04-May-2010
7.FOR SOLICITATION a NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCALTIME
INFORMATION CALL ELIZABETH J KELLEY 817-886-1044 02:00 PM 14 May 2010
9.ISSUED BY CODE W9126G 10.THIS ACQUISITION IS 11.DELIVERY FOR FOB 12.DISCOUNT TERMS
X UNRESTRICTED DESTINATION UNLESS Net 30 Days
US ARMY CORPS OF ENGINEERS FORT WORTH - BLOCK IS MARKED
819 TAYLOR ST,RM 2A19 SET ASIDE: %FOR
FORT WORTH TX76102-0300 -- 0 SEE SCHEDULE
SB
-
HUBZONE SB 13a.THIS CONTRACT IS A RATED ORDER
- -UNDER DPAS(15 CFR 700)
8(A)
- 13b.RATING
SVC-DISABLED VET-OWNED SB
TEL: (817)886-1267 EMERGING SB 14.METHOD OF SOLICITATION -
FAX: (817)886-6403 SIZE STD: NAICS:922120 X RFQ ❑IFB -RFP
15.DELIVER TO CODE 1 W45XMA 16.ADMINISTERED BY CODE
US ARMY ENGINEER DISTRICT,FORT VVORTH
NO CONTACT
819 TAYLOR ST
FORT VVORTH TX 76102-0300 SEE ITEM 9
17a.CONTRACTOR/OFFEROR CODE 311B5 18a.PAYMENT WILL BE MADE BY CODE 964145
WYLIE,CITY OF MILLINGTON
2000 N HWY 78 USAGE FINANCE CENTER,ATTN:CEFC-AO P
WY LI E TX 75098-6043 5722 INTEGRITY DRIVE
MILLINGTON TN 38054-5005
FACILITY
TEL CODE
-
17b.CHECK IF REMITTANCE IS DIFFERENT AND FUT 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.UNLESS BLOCK
- SUCH ADDRESS IN OFFER BELOW IS CHECKED ❑ SEE ADDENDUM
19.ITBN 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 $56,561.40
❑27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4.FAR 52.212-3.52.212-5 ARE ATTACHED. ADDENDA[ARE--ARE NOT ATTACHED
❑27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4.FAR 52.212-5 IS ATTACHED. ADDENDA[ARE DARE NOT ATTACHED
28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 0 COPIES 29.AWARD OF CONTRACT:REFERENCE W9126G-10-T-0111
TO ISSUING OFFICE.CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS 17 OFFER DATED 07-Mav-2010 . YOUR OFFER ON SOLICITATION
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS ILI(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: SEE SCHEDULE
30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ftt/.SE- L aj�/4 / 12-May-2010
30b.NAME AND TITLE OF SIGNER 30c.DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
(TYPE OR PRINT) JUNE WOHLBACH / CONTRACT OFFICER
TEL: 817-886-1069 EMAIL: june.wohlbach@usace.army.mil
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 OF56
(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 ❑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
❑COMPLETE ❑PARTIAL ❑FINAL
PARTIAL FINAL
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
AUTHORIZE FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK
PREVIOUS EDII1ON 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 804 Hours $70.35 $56,561.40
Funded Amt: $56,561.40
Law Enforcement Services-City of Wylie NAICS CD:922120
FY10 Law Enforcement Services-City of Wylie Police Department for Lavon ,FSC CD: S206
Lake.,TX.
PROJECT NO.: 155702
SOW
Contract for Increased Law Enforcement Services
Lavon Lake—2010
City of Wylie Police Department
SCOPE OF WORK
1,. The City of Wylie Police Department agrees to provide supplemental law enforcement
services (enforcement of state criminal and civil laws and local criminal and civil laws above
and beyond normal coverage) on U.S. Government Property within the city limits of Wylie at
Lavon Lake. Standard surveillance will be concentrated primarily in developed park areas.
Standard surveillance will include vehicular patrol of the areas listed below and other areas of
government property as requested by Corps personnel (e.g. outlying areas of government
property experiencing problems with off-road vehicles, etc.).
Lavon Lake: East Fork Park, Avalon Park, Spillway area, Lavon Dam, Lavonia Park,
Mallard Park, Little Ridge Park, and Pebble Beach Park.
2. Wylie Police Department agrees to provide the following law enforcement services:
a. Patrol the areas listed in paragraph one.
b. Maintain order in the park areas.
c. Control traffic by visual observation and other means normally utilized by the
Department.
d. Inform park users of federal, state, and local laws and regulations through personal
contacts.
e. Cite or arrest violators committing applicable offenses.
f. Respond to calls for assistance by Corps of Engineer Park Rangers.
g. Assist with the nightly closures at sunset of Mallard Park, Little Ridge and Pebble
Beach Parks or other areas requested by Corps personnel.
3. Patrols will begin on the first scheduled day shown on the patrol schedule after receiving
notice that this agreement has been approved by the Contracting Officer, US Army Corps of
Engineers, Fort Worth District.
4. Wylie Officers will adjust their patrol schedules and routes to serve specific parks or other
areas as requested by Corps personnel. Permanent Park Rangers may make temporary
adjustments in patrol schedules and routes, as circumstances require.
5. The Wylie Chief of Police (or his designee) and the Lavon Lake Manager(or his designee)
will agree to and approve all permanent schedule adjustments.
6. Officers will prepare a Daily Law Enforcement Log (Attachment 2 to this Scope of Work).
The log will be completed in detail and submitted to Lavon Lake Office at the end of each week.
Copies of arrest reports and accident reports (for arrests and accidents occurring on government
property)will be submitted or faxed to the Lavon Lake Office as soon as possible. The fax
number for the Lavon Lake Office is 972/442-1109. Copies of log sheets for Wylie Police
Department records will be the responsibility of the Police Department.
7. Lake Patrol Officers will remain in the lake area(in the parks and/or moving between parks or
other areas of government property). If an emergency situation arises that makes it necessary for
a deputy to leave the lake area,that officer will, if possible, contact a Park Ranger on duty and
advise him or her of the situation. The officer will also note the time he or she left the lake area,
the purpose for having to leave, and the time returned to the lake area on the Daily Law
Enforcement Log.
8. All officers will wear the standard uniforms normally worn by Wylie Police Department
personnel.
9. All patrol vehicles will have the standard insignia and markings normally used by Wylie
Police Department. Patrol vehicles will also be equipped with standard law enforcement type
lights, radios, and any other equipment necessary to perform the required services. Wylie Police
will be responsible for all vehicle costs. This includes insurance, fuel, maintenance, and any
other costs associated with the operation of each vehicle.
10. Officers will notify a Park Ranger on duty of any accidents, fatalities, missing persons, or
serious crimes that occur on government property.
11. The duration of this agreement has a start date of the 28th of May 2010 and an end date of the
6th of Sep. 2010. Patrol schedule is included in this scope of work as Attachment#1.
12. A patrol unit will consist of a vehicle, one certified law enforcement officer, and all the
equipment necessary for the performance of the officer's duties.
13. The Wylie Police Department will provide the Lavon Lake Manager with a request for
payment for reimbursable services performed each month. The request for payment will be
based on the number of patrol hours involved,which must correspond to the Daily Law
Enforcement Log. The request for payment must include the starting and ending dates of the
billing period in question. The request for payment will be submitted no later than five calendar
days after the close of the month being reported. Failure to meet the criteria mentioned above
may result in delayed payment.
14. The following individuals are designated to issue and receive requests for reimbursable law
enforcement services under this agreement:
Corps of Engineers Representative
Heath McLane
Lavon Lake Manager
3375 Skyview Drive
Wylie, TX 75098
972/442-3141
Fax 972/442-1109
Wylie Police Department Representative
John Duscio
Chief of Police
2000 N. Hwy 78
Wylie, TX 75098
972/442-8171
15. An orientation for all Wylie Police Officers who plan to volunteer for this patrol shall be
conducted to familiarize them with the policies and procedures of the Corps of Engineers and to
familiarize Corps personnel with the function and duties of the local law enforcement-
contracting agency. This orientation will be no longer than one hour and paid for under this
contract at the hourly rate agree upon in this contract.
16. State and local law enforcement agencies generally have the same authority and
responsibilities on U.S. Army Corps of Engineers' property as they do elsewhere in their
respective jurisdictions. Therefore,requests by the Corps of Engineers for emergency law
enforcement or responses by Wylie Police Department to situations occurring outside of the
scope of this agreement will not be reimbursable. (E.g. officers responding to a call on
government property after the scheduled patrol hours, officers working a call on government
property and having to stay past the scheduled patrol time, etc
W9126G-10-P-0220
Page 6 of 55
DAILY LOG
Attachment 2
Contract for Increased Law Enforcement Services
Lavon Lake—2010
Wylie Police Department
DAILY LAW ENFORCEMENT LOG
Date : Day: Officers Name:
Beginning of shift (time):
End of shift (time):
Total shift hours worked on this contract (today):
Log (time and details) of calls, complaints, visitor assists, enforcement actions, etc.:
W9126G-10-P-0220
Page 7of55
(cont. on back if needed)
W9126G-10-P-0220
Page 8 of 55
Section E-Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government
W9126G-10-P-0220
Page 9 of 55
Section F-Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 28-MAY-2010 TO N/A US ARMY ENGINEER DISTRICT,FORT W45XMA
06-SEP-2010 WORTH
NO CONTACT
819 TAYLOR ST
FORT WORTH TX 76102-0300
817-886-1059
FOB: Destination
W9126G-10-P-0220
Page 10 of 55
Section G-Contract Administration Data
POINTS OF CONTACT
Contact Information
Heath McLane
Lavon Lake Manager
3375 Skyview Drive
Wylie, TX 75098
Email: Heath.R.McLaneAusace.army.mil
9'72-442-3141
9'72-442-1109 (FAX)
And
Elizabeth J. Kelley
USACE- SWF-CT
P.O. Box 17300
Fort Worth, TX76102-0300
or
Elizabeth.J.Kelley2(a,usace.army.mil
Contractor Information
Lt. Mike Atkinson
Wylie Police Department
2000 N. Highway 78
Wylie, TX 75098
9'72-442-8183
972-429-8662 FAX
MIKE.ATKISONAWYLIETEXAS.GOV
ACCOUNTING AND APPROPRIATION DATA
AA:96X31230000 082455 2520D4D7K5009580 NA 96412
AMOUNT:$56,561.40
CIN W45XMA012433380001:$56,561.40
W9126G-10-P-0220
Page 11 of 55
Section H-Special Contract Requirements
WAGE DETERMINATION
WD 05-2509 (Rev.-9) was first posted on www.wdol.gov on 11/10/2009
************************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor WAGE AND HOUR DIVISION
WASHINGTON D.C. 20210
Wage Determination No.: 2005-2509
Shirley F. Ebbesen Division of Revision No.: 9
Director Wage Determinations Date Of Revision: 11/04/2009
State: Texas
Area: Texas Counties of Collin, Cooke, Dallas, Delta, Denton, Ellis, Fannin,
Grayson, Henderson, Hopkins, Hunt, Kaufman, Lamar, Navarro, Rains, Rockwall,
Smith, Van Zandt, Wood
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 14.36
01012 - Accounting Clerk II 16.13
01013 - Accounting Clerk III 18.03
01020 - Administrative Assistant 25.99
01040 - Court Reporter 17.29
01051 - Data Entry Operator I 13.15
01052 - Data Entry Operator II 14.36
01060 - Dispatcher, Motor Vehicle 19.42
01070 - Document Preparation Clerk 13.45
01090 - Duplicating Machine Operator 13.45
01111 - General Clerk I 11.32
01112 - General Clerk II 12.54
01113 - General Clerk III 15.30
01120 - Housing Referral Assistant 21.60
01141 - Messenger Courier 10.78
01191 - Order Clerk I 13.51
01192 - Order Clerk II 14.75
01261 - Personnel Assistant (Employment) I 16.10
01262 - Personnel Assistant (Employment) II 18.02
01263 - Personnel Assistant (Employment) III 20.09
01270 - Production Control Clerk 21.36
01280 - Receptionist 13.60
01290 - Rental Clerk 15.30
01300 - Scheduler, Maintenance 17.32
01311 - Secretary I 17.32
01312 - Secretary II 19.38
01313 - Secretary III 21.60
01320 - Service Order Dispatcher 15.88
01410 - Supply Technician 25.99
01420 - Survey Worker 17.29
01531 - Travel Clerk I 13.07
01532 - Travel Clerk II 14.04
01533 - Travel Clerk III 15.06
01611 - Word Processor I 12.80
01612 - Word Processor II 15.30
01613 - Word Processor III 17.29
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 20.00
05010 - Automotive Electrician 23.04
05040 - Automotive Glass Installer 20.93
05070 - Automotive Worker 22.02
05110 - Mobile Equipment Servicer 18.52
05130 - Motor Equipment Metal Mechanic 22.16
05160 - Motor Equipment Metal Worker 20.93
05190 - Motor Vehicle Mechanic 22.99
05220 - Motor Vehicle Mechanic Helper 17.27
05250 - Motor Vehicle Upholstery Worker 19.82
05280 - Motor Vehicle Wrecker 20.93
W9126G-10-P-0220
Page 12 of 55
05310 - Painter, Automotive 24.22
05340 - Radiator Repair Specialist 20.93
05370 - Tire Repairer 12.44
05400 - Transmission Repair Specialist 22.16
07000 - Food Preparation And Service Occupations
07010 - Baker 11.26
07041 - Cook I 9.39
07042 - Cook II 10.63
07070 - Dishwasher 8.38
07130 - Food Service Worker 9.61
07210 - Meat Cutter 13.11
07260 - Waiter/Waitress 8.25
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 15.32
09040 - Furniture Handler 10.24
09080 - Furniture Refinisher 15.32
09090 - Furniture Refinisher Helper 12.02
09110 - Furniture Repairer, Minor 13.78
09130 - Upholsterer 16.53
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 10.81
11060 - Elevator Operator 9.70
11090 - Gardener 12.94
11122 - Housekeeping Aide 9.46
11150 - Janitor 9.70
11210 - Laborer, Grounds Maintenance 10.39
11240 - Maid or Houseman 8.04
11260 - Pruner 11.58
11270 - Tractor Operator 12.58
11330 - Trail Maintenance Worker 11.07
11360 - Window Cleaner 11.12
12000 - Health Occupations
12010 - Ambulance Driver 15.63
12011 - Breath Alcohol Technician 19.80
12012 - Certified Occupational Therapist Assistant 26.02
12015 - Certified Physical Therapist Assistant 24.86
12020 - Dental Assistant 19.08
12025 - Dental Hygienist 36.14
12030 - EKG Technician 28.89
12035 - Electroneurodiagnostic Technologist 28.89
12040 - Emergency Medical Technician 15.63
12071 - Licensed Practical Nurse I 17.70
12072 - Licensed Practical Nurse II 19.80
12073 - Licensed Practical Nurse III 21.27
12100 - Medical Assistant 15.37
12130 - Medical Laboratory Technician 19.22
12160 - Medical Record Clerk 15.45
12190 - Medical Record Technician 15.92
12195 - Medical Transcriptionist 17.00
12210 - Nuclear Medicine Technologist 33.52
12221 - Nursing Assistant I 10.43
12222 - Nursing Assistant II 11.72
12223 - Nursing Assistant III 12.80
12224 - Nursing Assistant IV 14.36
12235 - Optical Dispenser 15.48
12236 - Optical Technician 12.53
12250 - Pharmacy Technician 14.30
12280 - Phlebotomist 14.36
12305 - Radiologic Technologist 23.47
12311 - Registered Nurse I 25.82
12312 - Registered Nurse II 31.58
12313 - Registered Nurse II, Specialist 31.58
12314 - Registered Nurse III 38.19
12315 - Registered Nurse III, Anesthetist 38.19
12316 - Registered Nurse IV 45.78
12317 - Scheduler (Drug and Alcohol Testing) 24.53
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 18.77
13012 - Exhibits Specialist II 23.25
13013 - Exhibits Specialist III 28.44
13041 - Illustrator I 24.95
13042 - Illustrator II 30.91
13043 - Illustrator III 35.26
13047 - Librarian 31.56
W9126G-10-P-0220
Page 13 of 55
13050 - Library Aide/Clerk 14.33
13054 - Library Information Technology Systems 25.95
Administrator
13058 - Library Technician 14.81
13061 - Media Specialist I 18.72
13062 - Media Specialist II 20.94
13063 - Media Specialist III 23.34
13071 - Photographer I 15.23
13072 - Photographer II 17.04
13073 - Photographer III 21.16
13074 - Photographer IV 25.83
13075 - Photographer V 31.25
13110 - Video Teleconference Technician 19.70
14000 - Information Technology Occupations
14041 - Computer Operator I 15.84
14042 - Computer Operator II 17.72
14043 - Computer Operator III 20.78
14044 - Computer Operator IV 24.67
14045 - Computer Operator V 27.31
14071 - Computer Programmer I (see 1) 26.27
14072 - Computer Programmer II (see 1)
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103' - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 15.84
14160 - Personal Computer Support Technician 24.67
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 33.42
15020 - Aircrew Training Devices Instructor (Rated) 38.09
15030 - Air Crew Training Devices Instructor (Pilot) 41.90
15050 - Computer Based Training Specialist / Instructor 32.25
15060 - Educational Technologist 28.93
15070 - Flight Instructor (Pilot) 41.90
15080 - Graphic Artist 22.70
15090 - Technical Instructor 22.61
15095 - Technical Instructor/Course Developer 26.97
15110 - Test Proctor 18.16
15120 - Tutor 18.16
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 9.32
16030 - Counter Attendant 9.32
16040 - Dry Cleaner 11.86
16070 - Finisher, Flatwork, Machine 9.32
16090 - Presser, Hand 9.32
16110 - Presser, Machine, Drycleaning 9.32
16130 - Presser, Machine, Shirts 9.32
16160 - Presser, Machine, Wearing Apparel, Laundry 9.32
16190 - Sewing Machine Operator 12.50
16220 - Tailor 13.33
16250 - Washer, Machine 10.19
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 19.18
19040 - Tool And Die Maker 22.04
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 15.02
21030 - Material Coordinator 19.45
21040 - Material Expediter 19.45
21050 - Material Handling Laborer 12.80
21071 - Order Filler 13.57
21080 - Production Line Worker (Food Processing) 15.02
21110 - Shipping Packer 13.52
21130 - Shipping/Receiving Clerk 13.52
21140 - Store Worker I 10.77
21150 - Stock Clerk 15.61
21210 - Tools And Parts Attendant 14.96
21410 - Warehouse Specialist 15.02
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 29.75
23021 - Aircraft Mechanic I 28.39
23022 - Aircraft Mechanic II 29.75
23023 - Aircraft Mechanic III 31.14
23040 - Aircraft Mechanic Helper 19.25
W9126G-10-P-0220
Page 14 of 55
23050 - Aircraft, Painter 25.32
23060 - Aircraft Servicer 22.08
23080 - Aircraft Worker 23.34
23110 - Appliance Mechanic 17.18
23120 - Bicycle Repairer 12.44
23125 - Cable Splicer 19.60
23130 - Carpenter, Maintenance 17.25
23140 - Carpet Layer 16.43
23160 - Electrician, Maintenance 20.94
23181 - Electronics Technician Maintenance I 24.56
23182 - Electronics Technician Maintenance II 26.35
23183 - Electronics Technician Maintenance III 29.34
23260 - Fabric Worker 16.68
23290 - Fire Alarm System Mechanic 19.04
23310 - Fire Extinguisher Repairer 15.48
23311 - Fuel Distribution System Mechanic 19.28
23312 - Fuel Distribution System Operator 16.29
23370 - General Maintenance Worker 17.70
23380 - Ground Support Equipment Mechanic 28.39
23381 - Ground Support Equipment Servicer 22.08
23382 - Ground Support Equipment Worker 23.34
23391 - Gunsmith I 15.48
23392 - Gunsmith II 17.79
23393 - Gunsmith III 19.76
23410 - Heating, Ventilation And Air-Conditioning 19.31
Mechanic
23411 - Heating, Ventilation And Air Contditioning 20.23
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 18.86
23440 - Heavy Equipment Operator 16.51
23460 - Instrument Mechanic 22.51
23465 - Laboratory/Shelter Mechanic 18.74
23470 - Laborer 11.46
23510 - Locksmith 18.99
23530 - Machinery Maintenance Mechanic 20.83
23550 - Machinist, Maintenance 17.52
23580 - Maintenance Trades Helper 13.22
23591 - Metrology Technician I 22.51
23592 - Metrology Technician II 23.59
23593 - Metrology Technician III 24.69
23640 - Millwright 22.28
23710 - Office Appliance Repairer 17.15
23760 - Painter, Maintenance 16.85
23790 - Pipefitter, Maintenance 22.46
23810 - Plumber, Maintenance 21.38
23820 - Pneudraulic Systems Mechanic 19.76
23850 - Rigger 21.28
23870 - Scale Mechanic 17.79
23890 - Sheet-Metal Worker, Maintenance 18.28
23910 - Small Engine Mechanic 16.15
23931 - Telecommunications Mechanic I 23.56
23932 - Telecommunications Mechanic II 24.66
23950 - Telephone Lineman 21.34
23960 - Welder, Combination, Maintenance 17.75
23965 - Well Driller 19.02
23970 - Woodcraft Worker 19.53
23980 - Woodworker 14.17
24000 - Personal Needs Occupations
24570 - Child Care Attendant 10.73
24580 - Child Care Center Clerk 13.39
24610 - Chore Aide 7.26
24620 - Family Readiness And Support Services 12.46
Coordinator
24630 - Homemaker 17.11
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 22.92
25040 - Sewage Plant Operator 17.35
25070 - Stationary Engineer 22.92
25190 - Ventilation Equipment Tender 14.16
25210 - Water Treatment Plant Operator 17.35
27000 - Protective Service Occupations
27004 - Alarm Monitor 17.51
27007 - Baggage Inspector 12.90
27008 - Corrections Officer 18.17
W9126G-10-P-0220
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27010 - Court Security Officer 23.50
27030 - Detection Dog Handler 16.68
27040 - Detention Officer 19.99
27070 - Firefighter 20.79
27101 - Guard I 14.10
27102 - Guard II 16.92
27131 - Police Officer I 26.53
27132 - Police Officer II 29.49
2E000 - Recreation Occupations
28041 - Carnival Equipment Operator 11.95
28042 - Carnival Equipment Repairer 12.69
28043 - Carnival Equpment Worker 9.26
28210 - Gate Attendant/Gate Tender 13.60
28310 - Lifeguard 11.19
28350 - Park Attendant (Aide) 15.21
28510 - Recreation Aide/Health Facility Attendant 11.10
28515 - Recreation Specialist 16.36
28630 - Sports Official 12.12
28690 - Swimming Pool Operator 21.99
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 17.12
29020 - Hatch Tender 17.12
29030 - Line Handler 17.12
29041 - Stevedore I 15.37
29042 - Stevedore II 17.08
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.03
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.54
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.12
30021 - Archeological Technician I 17.54
30022 - Archeological Technician II 20.27
30023 - Archeological Technician III 25.23
30030 - Cartographic Technician 25.23
30040 - Civil Engineering Technician 23.51
30061 - Drafter/CAD Operator I 18.20
30062 - Drafter/CAD Operator II 20.36
30063 - Drafter/CAD Operator III 22.70
30064 - Drafter/CAD Operator IV 27.94
30081 - Engineering Technician I 15.96
30082 - Engineering Technician II 17.91
30083 - Engineering Technician III 20.03
30084 - Engineering Technician IV 24.82
30085 - Engineering Technician V 30.36
30086 - Engineering Technician VI 36.74
30090 - Environmental Technician 24.73
30210 - Laboratory Technician 22.28
30240 - Mathematical Technician 25.23
30361 - Paralegal/Legal Assistant I 17.84
30362 - Paralegal/Legal Assistant II 22.10
30363 - Paralegal/Legal Assistant III 27.03
30364 - Paralegal/Legal Assistant IV 32.70
30390 - Photo-Optics Technician 25.23
30461 - Technical Writer I 24.36
30462 - Technical Writer II 29.81
30463 - Technical Writer III 36.06
30491 - Unexploded Ordnance (UXO) Technician I 23.54
30492 - Unexploded Ordnance (UXO) Technician II 28.48
30493 - Unexploded Ordnance (UXO) Technician III 34.13
30494 - Unexploded (UXO) Safety Escort 23.54
30495 - Unexploded (UX0) Sweep Personnel 23.54
30620 - Weather Observer, Combined Upper Air Or (see 2) 22.70
Surface Programs
30621 - Weather Observer, Senior (see 2) 25.23
3:000 - Transportation/Mobile Equipment Operation Occupations
31020 - Bus Aide 10.18
31030 - Bus Driver 14.88
31043 - Driver Courier 15.51
31260 - Parking and Lot Attendant 8.87
31290 - Shuttle Bus Driver 16.96
31310 - Taxi Driver 9.76
31361 - Truckdriver, Light 16.96
31362 - Truckdriver, Medium 19.69
31363 - Truckdriver, Heavy 21.04
31364 - Truckdriver, Tractor-Trailer 21.04
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99000 - Miscellaneous Occupations
99030 - Cashier 9.50
99050 - Desk Clerk 9.75
99095 - Embalmer 20.31
99251 - Laboratory Animal Caretaker I 10.06
99252 - Laboratory Animal Caretaker II 11.00
99310 - Mortician 22.94
99410 - Pest Controller 17.25
99510 - Photofinishing Worker 13.54
99710 - Recycling Laborer 15.88
99711 - Recycling Specialist 19.54
99730 - Refuse Collector 14.05
99810 - Sales Clerk 13.65
99820 - School Crossing Guard 9.30
99830 - Survey Party Chief 21.89
99831 - Surveying Aide 13.11
99832 - Surveying Technician 16.80
99840 - Vending Machine Attendant 14.09
99841 - Vending Machine Repairer 17.03
99842 - Vending Machine Repairer Helper 14.05
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther
King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does
not apply to any employee who individually qualifies as a bona fide executive,
administrative, or professional employee as defined in 29 C.F.R. Part 541. Because
most Computer System Analysts and Computer Programmers who are compensated at a rate
not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per
week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations
within those job families. In addition, because this wage determination may not
list a wage rate for some or all occupations within those job families if the survey
data indicates that the prevailing wage rate for the occupation equals or exceeds
$27.63 per hour conformances may be necessary for certain nonexempt employees. For
example, if an individual employee is nonexempt but nevertheless performs duties
within the scope of one of the Computer Systems Analyst or Computer Programmer
occupations for which this wage determination does not specify an SCA wage rate,
then the wage rate for that employee must be conformed in accordance with the
conformance procedures described in the conformance note included on this wage
determination.
Additionally, because job titles vary widely and change quickly in the computer
industry, job titles are not determinative of the application of the computer
professional exemption. Therefore, the exemption applies only to computer employees
who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
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(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400) .
2 AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
:[f you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work) .
HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees
employed in a position that represents a high degree of hazard when working with or
in close proximity to ordinance, explosives, and incendiary materials. This
includes work such as screening, blending, dying, mixing, and pressing of sensitive
ordance, explosives, and pyrotechnic compositions such as lead azide, black powder
and photoflash powder. All dry-house activities involving propellants or explosives.
Demilitarization, modification, renovation, demolition, and maintenance operations
on sensitive ordnance, explosives and incendiary materials. All operations
involving regrading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the
like; minimal damage to immediate or adjacent work area or equipment being used.
All operations involving, unloading, storage, and hauling of ordance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost) , reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day) . However, in
those instances where the uniforms furnished are made of "wash and wear"
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
The duties of employees under job titles listed are those described in the
"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,
unless otherwise indicated. Copies of the Directory are available on the Internet. A
links to the Directory may be found on the WHD home page at http://www.dol.
gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at
http://wdol.gov/.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE (Standard Form
1444 (SF 1444) 1
Conformance Process:
The contracting officer shall require that any class of service employee which is
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not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination. Such
conformed classes of employees shall be paid the monetary wages and furnished the
fringe benefits as are determined. Such conforming process shall be initiated by
the contractor prior to the performance of contract work by such unlisted class(es)
of employees. The conformed classification, wage rate, and/or fringe benefits shall
be retroactive to the commencement date of the contract. {See Section 4.6 (C) (vi) }
When multiple wage determinations are included in a contract, a separate SF 1444
should be prepared for each wage determination to which a class(es) is to be
conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s) .
2) After contract award, the contractor prepares a written report listing in order
proposed classification title(s) , a Federal grade equivalency (FGE) for each
proposed classification(s) , job description(s), and rationale for proposed wage
rate(s) , including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
for review. (See section 4.6(b) (2) of Regulations 29 CFR Part 4) .
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF 1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of
Occupations" (the Directory) should be used to compare job definitions to insure
that duties requested are not performed by a classification already listed in the
wage determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination.
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GASP
QUALITY ASSURANCE SURVEILLANCE PLAN
Contract for Increased Law Enforcement Services
Lavon Lake - 2010
WYLIE POLICE DEPARTMENT
1. Overview: This contract establishes a specific increased level of law enforcement services
to be provided by Wylie Police Department within their corporate limits 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 Scope of Work
(SOW) 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
SOW. 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 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 logs will then be submitted to the Lake
Manager.
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 Law Enforcement Logs) and
the total monthly expenses. Contracting Officer's Representative (COR) will examine logs to
ensure accuracy prior to authorizing payment.
b. The COR will document verification of the contractor's performance monthly for
Quality Assurance. These reports will become part of the formal QA documentation. The
COR will maintain a complete QA file, containing copies of all evaluations and related
documentation. The COR will forward these records to the Contracting Officer at completion
of the contract.
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c. The services provided by the contractor are subject to inspection by the COR to ensure
adherence to the terms of the Scope of Work. If the contractor fails to provide the services as
specified, the Government reserves the right to terminate the contract.
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Section I-Contract Clauses
CLAUSES INCORPORA fED BY FULL TEXT
52.203-7 ANTI-KICKBACK PROCEDURES. (JUL 1995)
(a)Definitions.
"Kickback,"as used in this clause,means any money,fee,commission,credit,gift,gratuity,thing of value,or
compensation of any kind which is provided,directly or indirectly,to any prime Contractor,prime Contractor
employee, subcontractor,or subcontractor employee for the purpose of improperly obtaining or rewarding
favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime
contract.
"Person,"as used in this clause,means a corporation,partnership,business association of any kind,trust,joint-stock
company,or individual.
"Prime contract,"as used in this clause,means a contract or contractual action entered into by the United States for
the purpose of obtaining supplies,materials,equipment,or services of any kind.
"Prime Contractor,"as used in this clause,means a person who has entered into a prime contract with the United
States.
"Prime Contractor employee,"as used in this clause,means any officer,partner,employee,or agent of a prime
Contractor.
"Subcontract,"as used in this clause,means a contract or contractual action entered into by a prime Contractor or
subcontractor for the purpose of obtaining supplies,materials,equipment,or services of any kind under a prime
contract.
"Subcontractor,"as used in this clause,(1)means any person,other than the prime Contractor,who offers to furnish
or furnishes any supplies,materials,equipment,or services of any kind under a prime contract or a subcontract
entered into in connection with such prime contract,and(2)includes any person who offers to furnish or furnishes
general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee,"as used in this clause,means any officer,partner,employee,or agent of a subcontractor.
(b)The Anti-Kickback Act of 1986(41 U.S.C. 51-58)(the Act),prohibits any person from-
(1)Providing or attempting to provide or offering to provide any kickback;
(2)Soliciting,accepting,or attempting to accept any kickback;or
(3)Including,directly or indirectly,the amount of any kickback in the contract price charged by a prime Contractor
to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier
subcontractor.
(c)(1)The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible
violations described in paragraph(b)of this clause in its own operations and direct business relationships.
(2)When the Contractor has reasonable grounds to believe that a violation described in paragraph(b)of this clause
may have occurred,the Contractor shall promptly report in writing the possible violation. Such reports shall be
made to the inspector general of the contracting agency,the head of the contracting agency if the agency does not
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have an inspector general,or the Department of Justice.
(3)The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in
paragraph(b)of this clause.
(4)The Contracting Officer may(i)offset the amount of the kickback against any monies owed by the United States
under the prime contract and/or(ii)direct that the Prime Contractor withhold,from sums owed a subcontractor
under the prime contract,the amount of any kickback. The Contracting Officer may order the monies withheld
under subdivision(c)(4)(ii)of this clause be paid over to the Government unless the Government has already offset
those monies under subdivision(c)(4)(i)of this clause. In either case,the Prime Contractor shall notify the
Contracting Officer when the monies are withheld.
(5)The Contractor agrees to incorporate the substance of this clause,including this subparagraph(c)(5)but
excepting subparagraph(c)(1),in all subcontracts under this contract which exceed$100,000.
CLAUSES INCORPORATED BY FULL TEXT
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER(AUG 2000)
(a)Definitions.As used in this clause--
"Postconsumer material"means a material or finished product that has served its intended use and has been
discarded for disposal or recovery,having completed its life as a consumer item.Postconsumer material is a part of
the broader category of"recovered material."For paper and paper products,postconsumer material means
"postconsumer fiber"defined by the U.S.Environmental Protection Agency(EPA)as--
(1)Paper,paperboard,and fibrous materials from retail stores,office buildings,homes,and so forth,after they have
passed through their end-usage as a consumer item,including:used corrugated boxes;old newspapers;old
magazines;mixed waste paper;tabulating cards;and used cordage;or
(2)All paper,paperboard,and fibrous materials that enter and are collected from municipal solid waste;but not
(3)Fiber derived from printers'over-runs,converters'scrap,and over-issue publications.
"Printed or copied double-sided"means printing or reproducing a document so that information is on both sides of a
sheet of paper.
"Recovered material,"for paper and paper products,is defined by EPA in its Comprehensive Procurement
Guideline as"recovered fiber"and means the following materials:
(1)Postconsumer fiber;and
(2)Manufacturing wastes such as--
(i)Dry paper and paperboard waste generated after completion of the papermaking process(that is,those
manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls
or rough sheets)including:envelope cuttings,bindery trimmings,and other paper and paperboard waste resulting
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from printing,cutting,forming,and other converting operations;bag,box,and carton manufacturing wastes;and
butt rolls,mill wrappers,and rejected unused stock;and
(ii)Repulped finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers,
merchants,wholesalers,dealers,printers,converters,or others.
(b)In accordance with Section 101 of Executive Order 13101 of September 14, 1998,Greening the Government
through Waste Prevention,Recycling,and Federal Acquisition,the Contractor is encouraged to submit paper
documents,such as offers,letters,or reports,that are printed or copied double-sided on recycled paper that meet
minimum content standards specified in Section 505 of Executive Order 13101,when not using electronic
commerce methods to submit information or data to the Government.
(c)If the Contractor cannot purchase high-speed copier paper,offset paper,forms bond,computer printout paper,
carbonless paper,file folders,white wove envelopes,writing and office paper,book paper,cotton fiber paper,and
cover stock meeting the 30 percent postconsumer material standard for use in submitting paper documents to the
Government,it should use paper containing no less than 20 percent postconsumer material.This lesser standard
should be used only when paper meeting the 30 percent postconsumer material standard is not obtainable at a
reasonable price or does not meet reasonable performance standards.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 CENTRAL CONTRACTOR REGISTRATION(APR 2008)
(a)Definitions.As used in this clause--
Central Contractor Registration(CCR)database means the primary Government repository for Contractor
information required for the conduct of business with the Government.
Data Universal Numbering System(DUNS)number means the 9-digit number assigned by Dun and Bradstreet,Inc.
(D&B)to identify unique business entities.
Data Universal Numbering System+4(DUNS+4)number means the DUNS number assigned by D&B plus a 4-
character suffix that may be assigned by a business concern.(D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR
records for identifying alternative Electronic Funds Transfer(EFT)accounts(see the FAR at Subpart 32.11)for the
same parent concern.
Registered in the CCR database means that--
(1)The Contractor has entered all mandatory information,including the DUNS number or the DUNS+4 number,
into the CCR database;and
(2)The Government has validated all mandatory data fields,to include validation of the Taxpayer Identification
Number(TIN)with the Internal Revenue Service(IRS),and has marked the record"Active".The Contractor will
be required to provide consent for TIN validation to the Government as a part of the CCR registration process.
(b)(1)By submission of an offer,the offeror acknowledges the requirement that a prospective awardee shall be
registered in the CCR database prior to award,during performance,and through final payment of any contract,basic
agreement,basic ordering agreement,or blanket purchasing agreement resulting from this solicitation.
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(2)The offeror shall enter,in the block with its name and address on the cover page of its offer,the annotation
"DUNS"or"DUNS+4"followed by the DUNS or DUNS+4 number that identifies the offeror's name and address
exactly as stated in the offer.The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the CCR database.
(c)If the offeror does not have a DUNS number,it should contact Dun and Bradstreet directly to obtain one.
(1)An offeror may obtain a DUNS number--
(i)Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access,it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States;or
(ii)If located outside the United States,by contacting the local Dun and Bradstreet office.The offeror should
indicate that it is an offeror for a U.S.Government contract when contacting the local Dun and Bradstreet office.
(2)The offeror should be prepared to provide the following information:
(i)Company legal business.
(ii)Tradestyle,doing business,or other name by which your entity is commonly recognized.
(iii)Company Physical Street Address,City, State,and Zip Code.
(iv)Company Mailing Address,City,State and Zip Code(if separate from physical).
(v)Company Telephone Number.
(vi)Date the company was started.
(vii)Number of employees at your location.
(viii)Chief executive officer/key manager.
(ix)Line of business(industry).
(x)Company Headquarters name and address(reporting relationship within your entity).
(d)If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e)Processing time,which normally takes 48 hours,should be taken into consideration when registering.Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f)The Contractor is responsible for the accuracy and completeness of the data within the CCR database,and for
any liability resulting from the Government's reliance on inaccurate or incomplete data.To remain registered in the
CCR database after the initial registration,the Contractor is required to review and update on an annual basis from
the date of initial registration or subsequent updates its information in the CCR database to ensure it is current,
accurate and complete.Updating information in the CCR does not alter the terms and conditions of this contract and
is not a substitute for a properly executed contractual document.
(g)(1)(i)If a Contractor has legally changed its business name,"doing business as"name,or division name
(whichever is shown on the contract),or has transferred the assets used in performing the contract,but has not
completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12,the
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Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of
its intention to(A)change the name in the CCR database;(B)comply with the requirements of Subpart 42.12 of the
FAR;and(C)agree in writing to the timeline and procedures specified by the responsible Contracting Officer.The
Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii)If the Contractor fails to comply with the requirements of paragraph(g)(1)(i)of this clause,or fails to perform
the agreement at paragraph(g)(1)(i)(C)of this clause,and,in the absence of a properly executed novation or
change-of-name agreement,the CCR information that shows the Contractor to be other than the Contractor
indicated in the contract will be considered to be incorrect information within the meaning of the"Suspension of
Payment"paragraph of the electronic funds transfer(EFT)clause of this contract.
(2)The Contractor shall not change the name or address for EFT payments or manual payments,as appropriate,in
the CCR record to reflect an assignee for the purpose of assignment of claims(see FAR Subpart 32.8,Assignment
of Claims).Assignees shall be separately registered in the CCR database.Information provided to the Contractor's
CCR record that indicates payments,including those made by EFT,to an ultimate recipient other than that
Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment"
paragraph of the EFT clause of this contract.
(h)Offerors and Contractors may obtain information on registration and annual confirmation requirements via the
interne at http://www.ccr.gov or by calling 1-888-227-2423,or 269-961-5757.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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)
CLAUSES INCORPORATED BY FULL TEXT
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
Contracting Officer.
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(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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)
CLAUSES INCORPORATED BY FULL TEXT
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.
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(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.
(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)
CLAUSES INCORPORATED BY FULL TEXT
52.222-26 EQUAL OPPORTUNITY(MAR 2007)
(a)Definition.United States,as used in this clause,means the 50 States,the District of Columbia,Puerto Rico,the
Northern Mariana Islands,American Samoa,Guam,the U.S.Virgin Islands,and Wake Island.
(b)(1)If,during any 12-month period(including the 12 months preceding the award of this contract),the Contractor
has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of
$10,000,the Contractor shall comply with this clause,except for work performed outside the United States by
employees who were not recruited within the United States.Upon request,the Contractor shall provide information
necessary to determine the applicability of this clause.
(2)If the Contractor is a religious corporation,association,educational institution,or society,the requirements of
this clause do not apply with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on of the Contractor's activities(41 CFR 60-1.5).
(c)(1)The Contractor shall not discriminate against any employee or applicant for employment because of race,
color,religion,sex,or national origin.However,it shall not be a violation of this clause for the Contractor to extend
a publicly announced preference in employment to Indians living on or near an Indian reservation,in connection
with employment opportunities on or near an Indian reservation,as permitted by 41 CFR 60-1.5.
(2)The Contractor shall take affirmative action to ensure that applicants are employed,and that employees are
treated during employment,without regard to their race,color,religion,sex,or national origin.This shall include,
but not be limited to,(i)employment,(ii)upgrading,(iii)demotion,(iv)transfer,(v)recruitment or recruitment
advertising,(vi)layoff or termination,(vii)rates of pay or other forms of compensation,and(viii)selection for
training,including apprenticeship.
(3)The Contractor shall post in conspicuous places available to employees and applicants for employment the
notices to be provided by the Contracting Officer that explain this clause.
(4)The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the
Contractor,state that all qualified applicants will receive consideration for employment without regard to race,
color,religion,sex,or national origin.
(5)The Contractor shall send,to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding,the notice to be provided by the Contracting Officer
advising the labor union or workers'representative of the Contractor's commitments under this clause,and post
copies of the notice in conspicuous places available to employees and applicants for employment.
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(6)The Contractor shall comply with Executive Order 11246,as amended,and the rules,regulations,and orders of
the Secretary of Labor.
(7)The Contractor shall furnish to the contracting agency all information required by Executive Order 11246,as
amended,and by the rules,regulations,and orders of the Secretary of Labor.The Contractor shall also file Standard
Form 100(EEO-1),or any successor form,as prescribed in 41 CFR part 60-1.Unless the Contractor has filed
within the 12 months preceding the date of contract award,the Contractor shall,within 30 days after contract award,
apply to either the regional Office of Federal Contract Compliance Programs(OFCCP)or the local office of the
Equal Employment Opportunity Commission for the necessary forms.
(8)The Contractor shall permit access to its premises,during normal business hours,by the contracting agency or
the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations.The
Contractor shall permit the Government to inspect and copy any books,accounts,records(including computerized
records),and other material that may be relevant to the matter under investigation and pertinent to compliance with
Executive Order 11246,as amended,and rules and regulations that implement the Executive Order.
(9)If the OFCCP determines that the Contractor is not in compliance with this clause or any rule,regulation,or
order of the Secretary of Labor,this contract may be canceled,terminated,or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts,under the procedures authorized in
Executive Order 11246,as amended.In addition,sanctions may be imposed and remedies invoked against the
Contractor as provided in Executive Order 11246,as amended;in the rules,regulations,and orders of the Secretary
of Labor;or as otherwise provided by law.
(10)The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that
is not exempted by the rules,regulations,or orders of the Secretary of Labor issued under Executive Order 11246,
as amended,so that these terms and conditions will be binding upon each subcontractor or vendor.
(11)The Contractor shall take such action with respect to any subcontract or purchase order as the contracting
officer may direct as a means of enforcing these terms and conditions,including sanctions for noncompliance;
provided,that if the Contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor
as a result of any direction,the Contractor may request the United States to enter into the litigation to protect the
interests of the United States.
(c)Notwithstanding any other clause in this contract,disputes relative to this clause will be governed by the
procedures in 41 CFR 60-1.1.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,VETERANS OF THE
VIETNAM ERA,AND OTHER ELIGIBLE VETERANS(SEP 2006)
(a)Definitions.As used in this clause--
All employment openings means all positions except executive and top management,those positions that will be
filled from within the Contractor's organization,and positions lasting 3 days or less.This term includes full-time
employment,temporary employment of more than 3 days duration,and part-time employment.
Executive and top management means any employee--
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(1)Whose primary duty consists of the management of the enterprise in which the individual is employed or of a
customarily recognized department or subdivision thereof;
(2)Who customarily and regularly directs the work of two or more other employees;
(3)Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the
hiring or firing and as to the advancement and promotion or any other change of status of other employees will be
given particular weight;
(4)Who customarily and regularly exercises discretionary powers;and
(5)Who does not devote more than 20 percent or,in the case of an employee of a retail or service establishment,
who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly
and closely related to the performance of the work described in paragraphs(1)through(4)of this definition.This
paragraph(5)does not apply in the case of an employee who is in sole charge of an establishment or a physically
separated branch establishment,or who owns at least a 20 percent interest in the enterprise in which the individual
is employed.
Other eligible veteran means any other veteran who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized.
Positions that will be filled from within the Contractor's organization means employment openings for which the
Contractor will give no consideration to persons outside the Contractor's organization(including any affiliates,
subsidiaries,and parent companies)and includes any openings the Contractor proposes to fill from regularly
established"recall"lists.The exception does not apply to a particular opening once an employer decides to consider
applicants outside of its organization.
Qualified special disabled veteran means a special disabled veteran who satisfies the requisite skill,experience,
education,and other job-related requirements of the employment position such veteran holds or desires,and who,
with or without reasonable accommodation,can perform the essential functions of such position.
Special disabled veteran means--
(1)A veteran who is entitled to compensation(or who but for the receipt of military retired pay would be entitled to
compensation)under laws administered by the Department of Veterans Affairs for a disability--
(i)Rated at 30 percent or more;or
(ii)Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C.3106 to have a
serious employment handicap(i.e.,a significant impairment of the veteran's ability to prepare for,obtain,or retain
employment consistent with the veteran's abilities,aptitudes,and interests);or
(2)A person who was discharged or released from active duty because of a service-connected disability.
Veteran of the Vietnam era means a person who--
(1)Served on active duty for a period of more than 180 days and was discharged or released from active duty with
other than a dishonorable discharge,if any part of such active duty occurred--
(i)In the Republic of Vietnam between February 28, 1961,and May 7, 1975;or
(ii)Between August 5, 1964,and May 7, 1975,in all other cases;or
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(2)Was discharged or released from active duty for a service-connected disability if any part of the active duty was
performed--
(i)In the Republic of Vietnam between February 28, 1961,and May 7, 1975;or
(ii)Between August 5, 1964,and May 7, 1975,in all other cases.
(b)General.(1)The Contractor shall not discriminate against the individual because the individual is a special
disabled veteran,a veteran of the Vietnam era,or other eligible veteran,regarding any position for which the
employee or applicant for employment is qualified.The Contractor shall take affirmative action to employ,advance
in employment,and otherwise treat qualified special disabled veterans,veterans of the Vietnam era,and other
eligible veterans without discrimination based upon their disability or veterans'status in all employment practices
such as--
(i)Recruitment,advertising,and job application procedures;
(ii)Hiring,upgrading,promotion,award of tenure,demotion,transfer,layoff,termination,right of return from
layoff and rehiring;
(iii)Rate of pay or any other form of compensation and changes in compensation;
(iv)Job assignments,job classifications,organizational structures,position descriptions,lines of progression,and
seniority lists;
(v)Leaves of absence,sick leave,or any other leave;
(vi)Fringe benefits available by virtue of employment,whether or not administered by the Contractor;
(vii)Selection and financial support for training,including apprenticeship,and on-the-job training under 38 U.S.C.
3687,professional meetings,conferences,and other related activities,and selection for leaves of absence to pursue
training;
(viii)Activities sponsored by the Contractor including social or recreational programs;and
(ix)Any other term,condition,or privilege of employment.
(2)The Contractor shall comply with the rules,regulations,and relevant orders of the Secretary of Labor issued
under the Vietnam Era Veterans'Readjustment Assistance Act of 1972(the Act),as amended(38 U.S.C.4211 and
4212).
(c)Listing openings.(1)The Contractor shall immediately list all employment openings that exist at the time of the
execution of this contract and those which occur during the performance of this contract,including those not
generated by this contract,and including those occurring at an establishment of the Contractor other than the one
where the contract is being performed,but excluding those of independently operated corporate affiliates,at an
appropriate local public employment service office of the State wherein the opening occurs.Listing employment
openings with the U.S.Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the
local employment service office.
(2)The Contractor shall make the listing of employment openings with the local employment service office at least
concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a
bona fide job order,including accepting referrals of veterans and nonveterans.This listing of employment openings
does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not
intended to relieve the Contractor from any requirements of Executive orders or regulations concerning
nondiscrimination in employment.
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(3)Whenever the Contractor becomes contractually bound to the listing terms of this clause,it shall advise the State
public employment agency in each State where it has establishments of the name and location of each hiring
location in the State.As long as the Contractor is contractually bound to these terms and has so advised the State
agency,it need not advise the State agency of subsequent contracts.The Contractor may advise the State agency
when it is no longer bound by this contract clause.
(d)Applicability.This clause does not apply to the listing of employment openings that occur and are filled outside
the 50 States,the District of Columbia,the Commonwealth of Puerto Rico,the Commonwealth of the Northern
Mariana Islands,American Samoa,Guam,the Virgin Islands of the United States,and Wake Island.
(e)Postings.(1)The Contractor shall post employment notices in conspicuous places that are available to
employees and applicants for employment.
(2)The employment notices shall--
(i)State the rights of applicants and employees as well as the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified employees and applicants who are special
disabled veterans,veterans of the Vietnam era,and other eligible veterans;and
(ii)Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs,
Department of Labor(Deputy Assistant Secretary of Labor),and provided by or through the Contracting Officer.
(3)The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the
contents of the notice(e.g.,the Contractor may have the notice read to a visually disabled veteran,or may lower the
posted notice so that it can be read by a person in a wheelchair).
(4)The Contractor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement,or other contract understanding,that the Contractor is bound by the terms of the Act and is
committed to take affirmative action to employ,and advance in employment,qualified special disabled veterans,
veterans of the Vietnam era,and other eligible veterans.
(f)Noncompliance.If the Contractor does not comply with the requirements of this clause,the Government may
take appropriate actions under the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant
to the Act.
(g)Subcontracts.The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of
$100,000 or more unless exempted by rules,regulations,or orders of the Secretary of Labor.The Contractor shall
act as specified by the Deputy Assistant Secretary of Labor to enforce the terms,including action for
noncompliance.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES(JUN 1998)
(a)General.(1)Regarding any position for which the employee or applicant for employment is qualified,the
Contractor shall not discriminate against any employee or applicant because of physical or mental disability.The
Contractor agrees to take affirmative action to employ,advance in employment,and otherwise treat qualified
individuals with disabilities without discrimination based upon their physical or mental disability in all employment
practices such as--
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(i)Recruitment,advertising,and job application procedures;
(ii)Hiring,upgrading,promotion,award of tenure,demotion,transfer,layoff,termination,right of return from
layoff,and rehiring;
(iii)Rates of pay or any other form of compensation and changes in compensation;
(iv)Job assignments,job classifications,organizational structures,position descriptions,lines of progression,and
seniority lists;
(v)Leaves of absence,sick leave,or any other leave;
(vi)Fringe benefits available by virtue of employment,whether or not administered by the Contractor;
(vii)Selection and financial support for training,including apprenticeships,professional meetings,conferences,and
other related activities,and selection for leaves of absence to pursue training;
(viii)Activities sponsored by the Contractor,including social or recreational programs;and
(ix)Any other term,condition,or privilege of employment.
(2)The Contractor agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor
(Secretary)issued under the Rehabilitation Act of 1973(29 U.S.C.793)(the Act),as amended.
(b)Postings.(1)The Contractor agrees to post employment notices stating--
(i)The Contractor's obligation under the law to take affirmative action to employ and advance in employment
qualified individuals with disabilities;and
(ii)The rights of applicants and employees.
(2)These notices shall be posted in conspicuous places that are available to employees and applicants for
employment.The Contractor shall ensure that applicants and employees with disabilities are informed of the
contents of the notice(e.g.,the Contractor may have the notice read to a visually disabled individual,or may lower
the posted notice so that it might be read by a person in a wheelchair).The notices shall be in a form prescribed by
the Deputy Assistant Secretary for Federal Contract Compliance of the U.S.Department of Labor(Deputy Assistant
Secretary)and shall be provided by or through the Contracting Officer.
(3)The Contractor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of
the Act and is committed to take affirmative action to employ,and advance in employment,qualified individuals
with physical or mental disabilities.
(c)Noncompliance.If the Contractor does not comply with the requirements of this clause,appropriate actions may
be taken under the rules,regulations,and relevant orders of the Secretary issued pursuant to the Act.
(d)Subcontracts.The Contractor shall include the terms of this clause in every subcontract or purchase order in
excess of$10,000 unless exempted by rules,regulations,or orders of the Secretary.The Contractor shall act as
specified by the Deputy Assistant Secretary to enforce the terms,including action for noncompliance.
(End of clause)
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CLAUSES INCORPORATED BY FULL TEXT
52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,VETERANS OF THE
VIETNAM ERA,AND OTHER ELIGIBLE VETERANS(SEP 2006)
(a)Unless the Contractor is a State or local government agency,the Contractor shall report at least annually,as
required by the Secretary of Labor,on--
(1)The number of disabled veterans and the number of veterans of the Vietnam era in the workforce of the
contractor by job category and hiring location;and
(2)The total number of new employees hired during the period covered by the report,and of that total,the number
of disabled veterans,and the number of veterans of the Vietnam era.
(b)The above items shall be reported by completing the form entitled"Federal Contractor Veterans'Employment
Report VETS-100."
(c)Reports shall be submitted no later than September 30 of each year beginning September 30, 1988.
(d)The employment activity report required by paragraph(a)(2)of this clause shall reflect total hires during the
most recent 12-month period as of the ending date selected for the employment profile report required by paragraph
(a)(1)of this clause.Contractors may select an ending date:(1)As of the end of any pay period during the period
January through March 1st of the year the report is due,or(2)as of December 31,if the contractor has previous
written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the
Employer Information Report EEO-1 (Standard Form 100).
(e)The count of veterans reported according to paragraph(a)of this clause shall be based on voluntary disclosure.
Each Contractor subject to the reporting requirements at 38 U.S.C.4212 shall invite all disabled veterans and
veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C.4212 to identify
themselves to the Contractor.The invitation shall state that the information is voluntarily provided;that the
information will be kept confidential;that disclosure or refusal to provide the information will not subject the
applicant or employee to any adverse treatment;and that the information will be used only in accordance with the
regulations promulgated under 38 U.S.C.4212.
(f)Subcontracts.The Contractor shall include the terms of this clause in every subcontract or purchase order of
$100,000 or more unless exempted by rules,regulations,or orders of the Secretary.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)
(a)Definitions.As used in this clause--
"Act," means the Service Contract Act of 1965 (41 U.S.C.351,et seq.).
"Contractor,"when this clause is used in any subcontract,shall be deemed to refer to the subcontractor,except in
the term"Government Prime Contractor."
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"Service employee,"means any person engaged in the performance of this contract other than any person employed
in a bona fide executive,administrative,or professional capacity,as these terms are defined in Part 541 of Title 29,
Code of Federal Regulations,as revised.It includes all such persons regardless of any contractual relationship that
may be alleged to exist between a Contractor or subcontractor and such persons.
(b)Applicability.This contract is subject to the following provisions and to all other applicable provisions of the
Act and regulations of the Secretary of Labor(29 CFR Part 4).This clause does not apply to contracts or
subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C.356,as interpreted in
Subpart C of 29 CFR Part 4.
(c)Compensation.(1)Each service employee employed in the performance of this contract by the Contractor or any
subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in
accordance with the wages and fringe benefits determined by the Secretary of Labor,or authorized representative,
as specified in any wage determination attached to this contract.
(2)(i)If a wage determination is attached to this con-tract,the Contractor shall classify any class of service
employee which is not listed therein and which is to be employed under the contract(i.e.,the work to be performed
is not performed by any classification listed in the wage determination)so as to provide a reasonable relationship
(i.e.,appropriate level of skill comparison)between such unlisted classifications and the classifications listed in the
wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe
benefits as are determined pursuant to the procedures in this paragraph(c).
(ii)This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the
unlisted class of employee.The Contractor shall submit Standard Form(SF) 1444,Request For Authorization of
Additional Classification and Rate,to the Contracting Officer no later than 30 days after the unlisted class of
employee performs any contract work.The Contracting Officer shall review the proposed classification and rate and
promptly submit the completed SF 1444(which must include information regarding the agreement or disagreement
of the employees'authorized representatives or the employees themselves together with the agency
recommendation),and all pertinent informa-tion to the Wage and Hour Division,Employment Standards
Administration,U.S.Department of Labor.The Wage and Hour Division will approve,modify,or disapprove the
action or render a final determination in the event of disagreement within 30 days of receipt or will notify the
Contracting Officer within 30 days of receipt that additional time is necessary.
(iii)The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the
Contracting Officer who shall promptly notify the Contractor of the action taken.Each affected employee shall be
furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage
determination.
(iv)(A)The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in
a wage determination cannot be reduced to any single formula.The approach used may vary from wage
determination to wage determination depending on the circumstances. Standard wage and salary administration
practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may,for
example,be relied upon.Guidance may also be obtained from the way different jobs are rated under Federal pay
systems(Federal Wage Board Pay System and the General Schedule)or from other wage determina-tions issued in
the same locality.Basic to the establishment of any conformable wage rate(s)is the concept that a pay
relationship should be maintained between job classifications based on the skill required and the duties performed.
(B)In the case of a contract modification,an exercise of an option,or extension of an existing contract,or in any
other case where a Contractor succeeds a contract under which the classification in question was previously
conformed pursuant to paragraph(c)of this clause,a new conformed wage rate and fringe benefits may be assigned
to the conformed classification by indexing(i.e.,adjusting)the previous conformed rate and fringe benefits by an
amount equal to the average(mean)percentage increase(or decrease,where appropriate)between the wages and
fringe benefits specified for all classifications to be used on the contract which are listed in the current wage
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determination,and those specified for the corresponding classifications in the previously applicable wage
determination.Where conforming actions are accomplished in accordance with this paragraph prior to the
performance of contract work by the unlisted class of employees,the Contractor shall advise the Contracting Officer
of the action taken but the other procedures in subdivision(c)(2)(ii)of this clause need not be followed.
(C)No employee engaged in performing work on this contract shall in any event be paid less than the currently
applicable minimum wage specified under section 6(a)(1)of the Fair Labor Standards Act of 1938,as amended.
(v)The wage rate and fringe benefits finally determined under this subparagraph(c)(2)of this clause shall be paid
to all employees performing in the classification from the first day on which contract work is performed by them in
the classification.Failure to pay the unlisted employees the compensation agreed upon by the interested parties
and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees
commenced contract work shall be a violation of the Act and this contract.
(vi)Upon discovery of failure to comply with subparagraph(c)(2)of this clause,the Wage and Hour Division shall
make a final determination of conformed classification,wage rate,and/or fringe benefits which shall be retroactive
to the date such class or classes of employees commenced contract work.
(3)Adjustment of Compensation.If the term of this contract is more than 1 year,the minimum monetary wages and
fringe benefits required to be paid or fur-nished thereunder to service employees under this contract shall be subject
to adjustment after 1 year and not less often than once every 2 years,under wage determinations issued by the Wage
and Hour Division.
(d)Obligation to Furnish Fringe Benefits.The Contractor or subcontractor may discharge the obligation to furnish
fringe benefits specified in the attachment or determined under subparagraph(c)(2)of this clause by furnishing
equivalent combinations of bona fide fringe benefits,or by making equivalent or differential cash payments,only in
accordance with Subpart D of 29 CFR Part 4.
(e)Minimum Wage.In the absence of a minimum wage attachment for this contract,neither the Contractor nor any
subcontractor under this contract shall pay any person performing work under this contract(regardless of whether
the person is a service employee)less than the minimum wage specified by section 6(a)(1)of the Fair Labor
Standards Act of 1938.Nothing in this clause shall relieve the Contractor or any subcontractor of any other
obligation under law or contract for payment of a higher wage to any employee.
(f)Successor Contracts.If this contract succeeds a contract subject to the Act under which substantially the same
services were furnished in the same locality and service employees were paid wages and fringe benefits provided
for in a collective bargaining agreement,in the absence of the minimum wage attachment for this contract setting
forth such collectively bargained wage rates and fringe benefits,neither the Contractor nor any subcontractor under
this contract shall pay any service employee performing any of the contract work(regardless of whether or not such
employee was employed under the predecessor contract),less than the wages and fringe benefits provided for in
such collective bargaining agreement,to which such employee would have been entitled if employed under the
predecessor contract,including accrued wages and fringe benefits and any prospective increases in wages and fringe
benefits provided for under such agreement.No Contractor or subcontractor under this contract may be relieved of
the foregoing obligation unless the limitations of 29 CFR 4.1b(b)apply or unless the Secretary of Labor or the
Secretary's authorized representative finds,after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe
benefits provided for in such agreement are substantially at variance with those which prevail for services of a
character similar in the locality,or determines,as provided in 29 CFR 4.11,that the collective bargaining agreement
applicable to service employees employed under the predecessor contract was not entered into as a result of arm's
length negotiations.Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or
4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's
collective bargaining agreement are substantially at variance with those which prevail for services of a character
similar in the locality,and/or that the collective bargaining agreement applicable to service employees employed
under the predecessor contract was not entered into as a result of arm's length negotiations,the Department will
issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such
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determination shall be made part of the contract or subcontract,in accordance with the decision of the
Administrator,the Administrative Law Judge,or the Administrative Review Board,as the case may be,irrespective
of whether such issuance occurs prior to or after the award of a contract or subcontract(53 Comp.Gen.401 (1973)).
In the case of a wage determination issued solely as a result of a finding of substantial variance,such determination
shall be effective as of the date of the final administrative decision.
(g)Notification to Employees.The Contractor and any subcontractor under this contract shall notify each service
employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be
paid pursuant to this contract,or shall post the wage determination attached to this contract.The poster provided by
the Department of Labor(Publication WH 1313)shall be posted in a prominent and accessible place at the worksite.
Failure to comply with this requirement is a violation of section 2(a)(4)of the Act and of this contract.
(h)Safe and Sanitary Working Conditions.The Contractor or subcontractor shall not permit any part of the services
called for by this contract to be performed in buildings or surroundings or under working conditions provided by or
under the control or supervision of the Contractor or subcontractor which are unsanitary,hazardous,or dangerous to
the health or safety of the service employees.The Contractor or subcontractor shall comply with the safety and
health standards applied under 29 CFR Part 1925.
(i)Records.(1)The Contractor and each subcontractor performing work subject to the Act shall make and maintain
for 3 years from the completion of the work,and make them available for inspection and transcription by authorized
representatives of the Wage and Hour Division,Employment Standards Administration,a record of the following:
(i)For each employee subject to the Act--
(A)Name and address and social security number;
(B)Correct work classification or classifications,rate or rates of monetary wages paid and fringe benefits provided,
rate or rates of payments in lieu of fringe benefits,and total daily and weekly compensation;
(C)Daily and weekly hours worked by each employee;and
(D)Any deductions,rebates,or refunds from the total daily or weekly compensation of each employee.
(ii)For those classes of service employees not included in any wage determination attached to this contract,wage
rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative
under the terms of paragraph(c)of this clause.A copy of the report required by subdivision(c)(2)(ii)of this clause
will fulfill this requirement.
(iii)Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by
paragraph(n)of this clause.
(2)The Contractor shall also make available a copy of this contract for inspection or transcription by authorized
representatives of the Wage and Hour Division.
(3)Failure to make and maintain or to make available these records for inspection and transcription shall be a
violation of the regulations and this contract,and in the case of failure to produce these records,the Contracting
Officer,upon direction of the Department of Labor and notification to the Contractor,shall take action to cause
suspension of any further payment or advance of funds until the violation ceases.
(4)The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews
with employees at the worksite during normal working hours.
(j)Pay Periods.The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and
clear and without subsequent deduction(except as otherwise provided by law or regulations,29 CFR Part 4),rebate,
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or kickback on any account.These payments shall be made no later than one pay period following the end of the
regular pay period in which the wages were earned or accrued.A pay period under this Act may not be of any
duration longer than semi-monthly.
(k)Withholding of Payments and Termination of Contract.The Contracting Officer shall withhold or cause to be
withheld from the Government Prime Contractor under this or any other Government contract with the Prime
Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the
Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or
subcontractor.In the event of failure to pay any employees subject to the Act all or part of the wages or fringe
benefits due under the Act,the Contracting Officer may,after authorization or by direction of the Department of
Labor and written notification to the Contractor,take action to cause suspension of any further payment or advance
of funds until such violations have ceased.Additionally,any failure to comply with the requirements of this clause
may be grounds for termination of the right to proceed with the contract work.In such event,the Government may
enter into other contracts or arrangements for completion of the work,charging the Contractor in default with any
additional cost.
(1)Subcontracts.The Contractor agrees to insert this clause in all subcontracts subject to the Act.
(m)Collective Bargaining Agreements Applicable to Service Employees.If wages to be paid or fringe benefits to be
furnished any service employees employed by the Government Prime Contractor or any subcontractor under the
contract are provided for in a collective bargaining agreement which is or will be effective during any period in
which the contract is being performed,the Government Prime Contractor shall report such fact to the Contracting
Officer,together with full information as to the application and accrual of such wages and fringe benefits,including
any prospective increases,to service employees engaged in work on the contract,and a copy of the collective
bargaining agreement.Such report shall be made upon commencing performance of the contract,in the case of
collective bargaining agreements effective at such time,and in the case of such agreements or provisions or
amendments thereof effective at a later time during the period of contract performance such agreements shall be
reported promptly after negotiation thereof.
(n)Seniority List.Not less than 10 days prior to completion of any contract being performed at a Federal facility
where service employees may be retained in the performance of the succeeding contract and subject to a wage
determination which contains vacation or other benefit provisions based upon length of service with a Contractor
(predecessor)or successor(29 CFR 4.173),the incumbent Prime Contractor shall furnish the Contracting Officer a
certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last
month of contract performance.Such list shall also contain anniversary dates of employment on the contract either
with the current or predecessor Contractors of each such service employee.The Contracting Officer shall turn over
such list to the successor Contractor at the commencement of the succeeding contract.
(o)Rulings and Interpretations.Rulings and interpretations of the Act are contained in Regulations,29 CFR Part 4.
(p)Contractor's Certification.(1)By entering into this contract,the Contractor(and officials thereof)certifies that
neither it(nor he or she)nor any person or firm who has a substantial interest in the Contractor's firm is a person or
firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act.
(2)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract under section 5 of the Act.
(3)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001.
(q)Variations,Tolerances,and Exemptions Involving Employment.Notwithstanding any of the provisions in
paragraphs(b)through(o)of this clause,the following employees may be employed in accordance with the
following variations,tolerances,and exemptions,which the Secretary of Labor,pursuant to section 4(b)of the Act
prior to its amendment by Pub.L.92-473,found to be necessary and proper in the public interest or to avoid serious
impairment of the conduct of Government business:
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(1)Apprentices,student-learners,and workers whose earning capacity is impaired by age,physical or mental
deficiency,or injury may be employed at wages lower than the minimum wages otherwise required by section
2(a)(1)or 2(b)(1)of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under
section 2(a)(2)of the Act,in accordance with the conditions and procedures prescribed for the employment of
apprentices,student-learners,handicapped persons,and handicapped clients of sheltered workshops under section
14 of the Fair Labor Standards Act of 1938,in the regulations issued by the Administrator(29 CFR Parts 520,521,
524,and 525).
(2)The Administrator will issue certificates under the Act for the employment of apprentices,student-learners,
handicapped persons,or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of
1938,or subject to different minimum rates of pay under the two acts,authorizing appropriate rates of minimum
wages(but without changing requirements concerning fringe benefits or supplementary cash payments in lieu
thereof),applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of
1938(29 CFR Parts 520,521,524,and 525).
(3)The Administrator will also withdraw,annul,or cancel such certificates in accordance with the regulations in 29
CFR Parts 525 and 528.
(r)Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they perform
when they are employed and individually registered in a bona fide apprenticeship program registered with a State
Apprenticeship Agency which is recognized by the U.S.Department of Labor,or if no such recognized agency
exists in a State,under a program registered with the Office of Apprenticeship Training,Employer,and Labor
Services(OATELS),U.S.Department of Labor.Any employee who is not registered as an apprentice in an
approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for
the journeyman classification of work actually performed.The wage rates paid apprentices shall not be less than the
wage rate for their level of progress set forth in the registered program,expressed as the appropriate percentage of
the journeyman's rate contained in the applicable wage determination.The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to
the Contractor as to his entire work force under the registered program.
(s)Tips.An employee engaged in an occupation in which the employee customarily and regularly receives more
than$30 a month in tips may have the amount of these tips credited by the employer against the minimum wage
required by section 2(a)(1)or section 2(b)(1)of the Act,in accordance with section 3(m)of the Fair Labor
Standards Act and Regulations,29 CFR Part 531.However,the amount of credit shall not exceed$1.34 per hour
beginning January 1, 1981.To use this provision--
(1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized;
(2)The employees must be allowed to retain all tips(individually or through a pooling arrangement and regardless
of whether the employer elects to take a credit for tips received);
(3)The employer must be able to show by records that the employee receives at least the applicable Service
Contract Act minimum wage through the combination of direct wages and tip credit;and
(4)The use of such tip credit must have been permitted under any predecessor collective bargaining agreement
applicable by virtue of section 4(c)of the Act.
Disputes Concerning Labor Standards.The U.S.Department of Labor has set forth in 29 CFR Parts 4,6,and 8
procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in
accordance with those procedures and not the Disputes clause of this contract.Disputes within the meaning of this
clause include disputes between the Contractor(or any of its subcontractors)and the contracting agency,the U.S.
Department of Labor,or the employees or their representatives.
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(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.222-50 COMBATING TRAFFICKING IN PERSONS(FEB 2009)
(a)Definitions.As used in this clause--
Coercion means--
(1)Threats of serious harm to or physical restraint against any person;
(2)Any scheme,plan,or pattern intended to cause a person to believe that failure to perform an act would result in
serious harm to or physical restraint against any person;or
(3)The abuse or threatened abuse of the legal process.
Commercial sex act means any sex act on account of which anything of value is given to or received by any person.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal
services or of those of a person under his or her control as a security for debt,if the value of those services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are
not respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work under the contract
who has other than a minimal impact or involvement in contract performance.
Forced Labor means knowingly providing or obtaining the labor or services of a person--
(1)By threats of serious harm to,or physical restraint against,that person or another person;
(2)By means of any scheme,plan,or pattern intended to cause the person to believe that,if the person did not
perform such labor or services,that person or another person would suffer serious harm or physical restraint;or
(3)By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude includes a condition of servitude induced by means of--
(1)Any scheme,plan,or pattern intended to cause a person to believe that,if the person did not enter into or
continue in such conditions,that person or another person would suffer serious harm or physical restraint;or
(2)The abuse or threatened abuse of the legal process.
Severe forms of trafficking in persons means--
(1)Sex trafficking in which a commercial sex act is induced by force,fraud,or coercion,or in which the person
induced to perform such act has not attained 18 years of age;or
(2)The recruitment,harboring,transportation,provision,or obtaining of a person for labor or services,through the
use of force,fraud,or coercion for the purpose of subjection to involuntary servitude,peonage,debt bondage,or
slavery.
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Sex trafficking means the recruitment,harboring,transportation,provision,or obtaining of a person for the purpose
of a commercial sex act.
(b)Policy.The United States Government has adopted a zero tolerance policy regarding trafficking in persons.
Contractors and contractor employees shall not--
(1)Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2)Procure commercial sex acts during the period of performance of the contract;or
(3)Use forced labor in the performance of the contract.
(c)Contractor requirements.The Contractor shall--
(1)Notify its employees of--
(i)The United States Government's zero tolerance policy described in paragraph(b)of this clause;and
(ii)The actions that will be taken against employees for violations of this policy.Such actions may include,but are
not limited to,removal from the contract,reduction in benefits,or termination of employment;and
(2)Take appropriate action,up to and including termination,against employees or subcontractors that violate the
policy in paragraph(b)of this clause.
(d)Notification.The Contractor shall inform the Contracting Officer immediately of--
(1)Any information it receives from any source(including host country law enforcement)that alleges a Contractor
employee,subcontractor,or subcontractor employee has engaged in conduct that violates this policy;and
(2)Any actions taken against Contractor employees,subcontractors,or subcontractor employees pursuant to this
clause.
(e)Remedies.In addition to other remedies available to the Government,the Contractor's failure to comply with the
requirements of paragraphs(c),(d),or(f)of this clause may result in--
(1)Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2)Requiring the Contractor to terminate a subcontract;
(3)Suspension of contract payments;
(4)Loss of award fee,consistent with the award fee plan,for the performance period in which the Government
determined Contractor non-compliance;
(5)Termination of the contract for default or cause,in accordance with the termination clause of this contract;or
(6)Suspension or debarment.
(f)Subcontracts.The Contractor shall include the substance of this clause,including this paragraph(f),in all
subcontracts.
(g)Mitigating Factor.The Contracting Officer may consider whether the Contractor had a Trafficking in Persons
awareness program at the time of the violation as a mitigating factor when determining remedies.Additional
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information about Trafficking in Persons and examples of awareness programs can be found at the website for the
Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA(JAN 1997)
(a)"Hazardous material",as used in this clause,includes any material defined as hazardous under the latest version
of Federal Standard No.313(including revisions adopted during the term of the contract).
(b)The offeror must list any hazardous material,as defined in paragraph(a)of this clause,to be delivered under this
contract.The hazardous material shall be properly identified and include any applicable identification number,such
as National Stock Number or Special Item Number.This information shall also be included on the Material Safety
Data Sheet submitted under this contract.
Material Identification No.
(If none,
insert"None")
(c)This list must be updated during performance of the contract whenever the Contractor determines that any other
material to be delivered under this contract is hazardous.
(d)The apparently successful offeror agrees to submit,for each item as required prior to award,a Material Safety
Data Sheet,meeting the requirements of 29 CFR 1910.1200(g)and the latest version of Federal Standard No.313,
for all hazardous material identified in paragraph(b)of this clause.Data shall be submitted in accordance with
Federal Standard No.313,whether or not the apparently successful offeror is the actual manufacturer of these items.
Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being
considered nonresponsible and ineligible for award.
(e)If,after award,there is a change in the composition of the item(s)or a revision to Federal Standard No.313,
which renders incomplete or inaccurate the data submitted under paragraph(d)of this clause,the Contractor shall
promptly notify the Contracting Officer and resubmit the data.
(f)Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the
Contractor of any responsibility or liability for the safety of Government,Contractor,or subcontractor personnel or
property.
(g)Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State,and
local laws,codes,ordinances,and regulations(including the obtaining of licenses and permits)in connection with
hazardous material.
(h)The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
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(1)To use,duplicate and disclose any data to which this clause is applicable.The purposes of this right are to--
(i)Apprise personnel of the hazards to which they may be exposed in using,handling,packaging,transporting,or
disposing of hazardous materials;
(ii)Obtain medical treatment for those affected by the material;and
(iii)Have others use,duplicate,and disclose the data for the Government for these purposes.
(2)To use,duplicate,and disclose data furnished under this clause,in accordance with subparagraph(h)(1)of this
clause,in precedence over any other clause of this contract providing for rights in data.
(3)The Government is not precluded from using similar or identical data acquired from other sources.
(End of clause)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(AUG 2003)
(a)Definitions.As used in this clause--
Priority chemical means a chemical identified by the Interagency Environmental Leadership Workgroup or,
alternatively,by an agency pursuant to section 503 of Executive Order 13148 of April 21,2000,Greening the
Government through Leadership in Environmental Management.
"Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65."
(b)Executive Order 13148 requires Federal facilities 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,priority chemical,and hazardous substance release and use reduction goals of sections 502
and 503 of Executive Order 13148.
(End of clause)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES(JUN 2008)
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(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)
52.229-3 FEDERAL, STATE,AND LOCAL TAXES(APR 2003)
(a)As used in this clause--
"Contract date"means the date set for bid opening or, if this is a negotiated contract or a modification,the effective
date of this contract or modification.
"All applicable Federal, State,and local taxes and duties"means all taxes and duties,in effect on the contract date,
that the taxing authority is imposing and collecting on the transactions or property covered by this contract.
"After-imposed Federal tax"means any new or increased Federal excise tax or duty,or tax that was exempted or
excluded on the contract date but whose exemption was later revoked or reduced during the contract period,on the
transactions or property covered by this contract that the Contractor is required to pay or bear as the result of
legislative,judicial,or administrative action taking effect after the contract date.It does not include social security
tax or other employment taxes.
"After-relieved Federal tax"means any amount of Federal excise tax or duty,except social security or other
employment taxes,that would otherwise have been payable on the transactions or property covered by this contract,
but which the Contractor is not required to pay or bear,or for which the Contractor obtains a refund or drawback,as
the result of legislative,judicial,or administrative action taking effect after the contract date.
Local taxes includes taxes imposed by a possession or territory of the United States,Puerto Rico,or the Northern
Mariana Islands,if the contract is performed wholly or partly in any of those areas.
(b)The contract price includes all applicable Federal,State,and local taxes and duties.
(c)The contract price shall be increased by the amount of any after-imposed Federal tax,provided the Contractor
warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included
in the contract price,as a contingency reserve or otherwise.
(d)The contract price shall be decreased by the amount of any after-relieved Federal tax.
(e)The contract price shall be decreased by the amount of any Federal excise tax or duty,except social security or
other employment taxes,that the Contractor is required to pay or bear,or does not obtain a refund of,through the
Contractor's fault,negligence,or failure to follow instructions of the Contracting Officer.
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(f)No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds
$250.
(g)The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or
duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take
appropriate action as the Contracting Officer directs.
(h)The Government shall,without liability,furnish evidence appropriate to establish exemption from any Federal,
State,or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the
exemption.
(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.
(End of clause)
52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS(APR 1984)
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If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts
otherwise payable to the Contractor for supplies delivered or services performed,the total of the amounts withheld
at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at
that time;provided,that this limitation shall not apply to--
(a)Withholdings pursuant to any clause relating to wages or hours of employees;
(b)Withholdings not specifically provided for by this contract;
(c)The recovery of overpayments;and
(d)Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.
(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
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Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2)(i)The contractors shall provide the certification specified in subparagraph(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.
(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 disput 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 request.
(h)The Government shall pay interest on the amount found due and unpaid from(1)the date 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)48 CFR
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)
52.233-4 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)
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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)
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:
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(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.
(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.
(f)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.
W9126G-10-P-0220
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(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
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
W 9126G-10-P-0220
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(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.
(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):
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www.fars ite.h i l 1.a£m i l
(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)
252.204-7000 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)
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252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM(JAN 2009)
(a)Definitions.As used in this clause--
(1)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 section 3 of the Shipping Act of 1984(46 U.S.C.40102),such as
agricultural products and petroleum products.
(2)Component means an article,material,or supply incorporated directly into an end product.
(3)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 Act;or
(B)The end product is a COTS item.
(4)End product means those articles,materials,and supplies to be acquired under this contract for public use.
(5)Foreign end product means an end product other than a domestic end product.
(6)Qualifying country means any country set forth in subsection 225.872-1 of the Defense Federal Acquisition
Regulation Supplement.
(7)Qualifying country component means a component mined,produced,or manufactured in a qualifying country.
W9126G-10-P-0220
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(8)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 the cost of the following types of components exceeds
50 percent of the cost of all its components:
(A)Components mined,produced,or manufactured in a qualifying country.
(B)Components mined,produced,or manufactured in the United States.
(C)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.
(8)United States means the 50 States,the District of Columbia,and outlying areas.
(b)This clause implements the Buy American Act(41 U.S.C. Section 10a-d).In accordance with 41 U.S.C.431,the
component test of the Buy American Act 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 Act--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
(MAR 2008)
(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.
(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,
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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 authorizes use of another electronic form.With such an authorization,the Contractor
and the Contracting Officer shall agree to a plan,which shall include a timeline,specifying when the Contractor will
transfer to WAWF;
(2)DoD is unable to receive a payment request or provide acceptance in electronic form;
(3)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;or
(4)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).
(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
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(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)
ATTACHMENT#1
Contract for Increased Law Enforcement Services
Lavon Lake—2010
City of Wylie Police Department
PATROL SCHEDULE
May 2010
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
2 3 4 5 6 7 1/8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
30 31
1500-2330=8hrs 1500-2330=8hrs
1500-2330=8hrs 1900-2300=41-irs 52 hours
June 2010
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs 1300-2130=8hrs
1900-2300=4hrs 1500-2330=8hrs
6 7 8 9 10 11 12
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs 1300-2130=8hrs
1900-2300=4hrs 1500-2330=8hrs
13 14 15 16 17 18 19
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs 1300-2130=8hrs
1900-2300=4hrs 1500-2330=8hrs
20 21 22 23 24 25 26
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs 1300-2130=8hrs
1900-2300=4hrs 1500-2330=8hrs
27 28 29 30
1500-2330=8hrs 1900-2300=4hrs I900-2300=4hrs 1900-2300=4hrs
216 Hours
July 2010
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
4 5 6 7 8 9 10
I500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs
11 12 13 14 15 16 17
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
18 19 20 21 22 23 24
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
25 26 27 28 29 30 31
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
248 Hours
August 2010
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
8 9 10 11 12 13 14
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
15 16 17 18 19 20 21
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
22 23 24 25 26 27 28
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
29 30 31
224 hours
1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs
September 2010
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs
1500-2330=8hrs 1500-2330=8hrs
5 6 7 8 9 10 11
1500-2330=8hrs 1500-2330=8hrs
1500-2330=8hrs 1900-2300=4hrs
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
64 hours
804 Total Hrs.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 25, 2010 Item Number: D
Department: Finance
(City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: May 5, 2010 Budgeted Amount:
Revenue and Expenditure
Exhibits: Monthly Report
Subject
Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2010.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30,
2010.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Approved By
Initial Date
Department Director LB 05/05/10
City Manager `4p
Page 1 of 1
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
April 30,2010
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33%
ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 15,748,774 7,313 13,363,082 84.85% A
FRANCHISE FEES 1,984,240 525 729,952 36.79% B
LICENSES AND PERMITS 292,030 4,656 313,132 107.23% C
INTERGOVERNMENTAL REV. 645,027 4,511 440,315 68.26%
SERVICE FEES 2,250,032 34,545 1,087,203 48.32% D
FINES AND FORFEITURES 548,107 5,490 228,233 41.64% E
INTEREST INCOME 61,000 0 16,061 26.33% F
MISCELLANEOUS INCOME 248,407 588 134,390 54.10%
OTHER FINANCING SOURCES 455,000 0 455,000 100.00%
TOTAL REVENUES 22,232,617 57,628 16,767,368 75.42%
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 132,460 0 58,965 44.52%
CITY MANAGER 784,440 21,057 427,214 54.46%
CITY SECRETARY 272,235 5,854 160,819 59.07%
CITY ATTORNEY 173,000 0 107,820 62.32%
FINANCE 739,324 12,554 413,846 55.98%
FACILITIES 180,400 156 94,791 52.54%
MUNICIPAL COURT 311,022 5,140 159,185 51.18%
HUMAN RESOURCES 195,700 4,457 111,169 56.81%
PURCHASING 113,518 3,043 65,718 57.89%
INFORMATION TECHNOLOGY 530,681 6,105 296,253 55.83%
POLICE 5,196,773 135,704 2,997,966 57.69%
FIRE 5,161,562 113,457 3,069,436 59.47%
ANIMAL CONTROL 257,983 6,061 140,802 54.58%
PLANNING 384,345 9,843 217,617 56.62%
BUILDING INSPECTION 702,568 17,115 381,900 54.36%
CODE ENFORCEMENT 194,600 3,436 91,791 47.17%
STREETS 1,237,551 20,015 564,129 45.58%
PARKS 1,535,405 18,253 790,463 51.48%
RECREATION 232,440 0 7,799 3.36%
LIBRARY 878,024 19,790 483,931 55.12%
COMBINED SERVICES 5,438,087 901 4,125,310 75.86% G
TOTAL EXPENDITURES 24,652,118 402,941 14,766,924 59.90%
REVENUES OVER/(UNDER)EXPENDITURES -2,419,501 -345,313 2,000,444 15.52%
A. Property Tax Collections for FY09-10 as of April 30 are 93.90%, in comparison to FY08-09 for the same time period 97.39%.
B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority.
C. Licenses and Permits:Are recognized periodically, but we have seen an increase in plumbing, electrical and mechanical permits.
D. Service Fees:Animal control fees/fines are down 5.6%with the remaining fees coming from WAVE and other seasonal fees.
E. Fines and Forfeitures: Municipal Court Fines are down 8.43%and court admin/warrant fees are down 7.93%.
F. Interest Income: In relation to the last 6 months in FY 09,the current interest is in line, however, is lower by 32%than benchmark.
G. Combined Services:The increase is due to the transfer of funds to the emergency services of$1,400,000 that was scheduled to take place.
Throughout the remainder of the year this will level out and should adhere to the budgeted amount.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
April 30,2010
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33%
ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 9,400,000 1,152 4,960,300 52.77%
INTEREST INCOME 30,000 0 16,070 53.57%
MISCELLANEOUS INCOME 30,000 287 22,541 75.14%
OTHER FINANCING SOURCES 1,500,000 0 1,500,000 100.00%
TOTAL REVENUES 10,960,000 1,439 6,498,911 59.30%
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 569,765 13,603 323,308 56.74%
UTILITIES-WATER 1,109,986 16,048 559,489 50.41%
CITY ENGINEER 489,070 8,930 195,634 40.00%
UTILITIES-SEWER 500,660 7,377 266,754 53.28%
UTILITY BILLING 566,017 8,450 270,507 47.79%
COMBINED SERVICES 7,561,582 0 4,688,507 62.00% A
TOTAL EXPENDITURES 10,797,080 54,408 6,304,199 58.39%
REVENUES OVER/(UNDER)EXPENDITURES 162,920 -52,969 194,712 0.91%
A. Combined Services:The increase is due to the scheduled transfer of funds of$450,000 to the General Fund as well as Bond payments.
Throughout the remainder of the year this will level out and should adhere to the budgeted amount.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
g
Meeting Date: 5-25-10 Item Number: E
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: 5-13-10 Budgeted Amount:
Exhibits: 1
Subject
Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of April 30, 2010.
Recommendation
Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development
Corporation as of April 30, 2010.
Discussion
The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials
on May 20, 2010.
Approved By
Initial Date
Department Director SS 5-13-10
City Manager
Page 1 of 1
5-18-2010 12:08 PM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS 0. : APRIL 30TH, 2010
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT$ TITLE
ASSETS
1000-10110 CLAIM ON CASH AND CASH EQUIV. 673,796.86
1000-10115 CASH - WEDC - INWOOD 0.00
1000-10135 INWOOD BANK - ESCROW 0.00
1000-10180 DEPOSITS (EARNEST MONEY) 0.00
1000-10198 OTHER - MISC CLEARING 0.00
1000-10341 TEXPOOL 0.00
1000-10343 LOGIC 0.00
1000-10481 INTEREST RECEIVABLE 0.00
1000-11511 ACCTS REC - MISC 0.00
1000-11517 ACCTS REC - SALES TAX 0.01
1000-12996 LOAN REC - JACOBY 0.00
1000-12997 ACCTS REC - JTM TECH 0.00
1000-12998 ACCTS REC - SAVAGE 361,236.86
1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00
1000-14116 INVENTORY - LAND 2,811,424.40
1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00
1000-14310 PREPAID EXPENSES - MISC 0.00
1000-14410 DEFERRED CHARGES 379,614.20
4,226,072.33
TOTAL ASSETS 4,226,072.33
LIABILITIES
2000-20110 FEDERAL INCOME TAX PAYABLE 0.00
2000-20111 MEDICARE PAYABLE 0.00
2000-20112 CHILD SUPPORT PAYABLE 0.00
2000-20113 CREDITT UNION PAYABLE 0.00
2000-20114 IRS LEVY PAYABLE 0.00
2000-20115 NATIONWIDE DEFERRED COMP 0.00
2000-20116 HEALTH INSUR ?AY-EMPLOYEE ( 228.57)
2000-20117 TMRS PAYABLE 0.00
2000-20118 ROTH IRA PAYABLE 0.00
2000-20119 WORKERS COMP PAYABLE 0.00
2000-20120 F_:CA PAYABLE 0.00
2000-20121 TEC PAYABLE 0.00
2000-2022 STUDENT LOAN LEVY PAYABLE 0.00
2000-20123 ALIMONY PAYABLE 0.00
2000-20:24 BANKRUPTCY PnVn3LS 0.00
2000-20125 VALIC DEFERRED COMP 0.00
2000-20126 ICMA PAYABLE J.00
2000-20130 FLEXIBLE SPENDING ACCOUNT 800.00
2000-20151 ACCRUED WAGES PAYABLE 0.00
2000-20180 ADDIT EMPLOYEE INSUR PAY 1.46
2000-20199 MISC PAYROLL PAYABLE 0.00
2000-20201 AP PENDING 2,507.46
2000-202:0 ACCOUNTS PAYABLE 0.00
2000-20530 PROPERTY TAXES PAYABLE 0.00
2000-20540 NCTES PAYABLE 379,614.20
2000-208:0 DUE TO GENERAL FUND 0.00
5-18-2010 12:08 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: APRIL 30TH, 2010
111-WYLIE ECONOMIC REVEL CORP
ACCOUNT# TITLE
2000-22270 DEFERRED REVENUE 262,319.66
2000-22915 RENTAL DEPOSITS 1,000.00
TOTAL LIABILITIES 646,014.21
EQUITY
3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,812,134.15
TOTAL BEGINNING EQUITY 3,812,134.15
TOTAL REVENUE 563,517.18
TOTAL EXPENSES 795,593.21
REVENUE OVER/(UNDER) EXPENSES ( 232,076.03)
TOTAL EQUITY & OVER/(UNDER) 3,580,058.12
TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,226,O72.33
5-12-2010 07:37 AM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: APRIL 30TH, 2010
922-GEN LONG TERM DEBT (WEDC)
ACCOUNT# TITLE
ASSETS
1000-10312 GOVERNMENT NOTES 0.00
1000-18110 LOAN - WEDC 0.00
1000-18120 LOAN - BIRMINGHAM 0.00
1000-18210 AMOUNT TO BE PROVIDED 0.00
1000-18220 BIRMINGHAM LOAN 0.00
0.00
TOTAL ASSETS 0.00
LIABILITIES
2000-20310 COMPENSATED ABSENCES PAYABLE 36,069.88
2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00
2000-21410 AIP - GO/CO BONDS 0.10
2000-28205 WEDC LOANS - CURRENT 69,847.90
2000-28220 BIRMINGHAM LOAN 0.00
2000-28230 INWOOD LOAN 446,505.57
2000-28240 HUGHES LOAN 222,478.21
2000-28250 CITY OF WYLIE LOAN 0.00
2000-28260 PRIME KUTS LOAN 175,505.00
2000-28270 BOWLAND/ANDERSON LOAN 36,261.58
2000-28280 CAPITAL ONE CAZAD LOAN 146,718.99
TOTAL LIABILITIES 1,133,387.23
EQUITY
3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 1,133,387.23)
TOTAL BEGINNING EQUITY ( 1,133,387.23)
TOTAL REVENUE 0.00
TOTAL EXPENSES 0.00
REVENUE OVER/(UNDER) EXPENSES 0.00
TOTAL EQUITY & OVER/(UNDER) ( 1,133,387.23)
TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00
5-12-2010 37:38 AM CITY OF WYLIE PAGE: 1
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: APRIL 30TH, 2013
111-WYLIE ECONOMIC DEVEL CORP
FINANCIAL SUMMARY
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
REVENUE SUMMARY
TAXES 1,295,556.00 89,119.23 0.00 504,723.33 0.00 790,832.67 38.96
INTEREST INCOME 3,000.00 112.59 0.00 1,261.96 0.00 1,738.04 42.07
MISCELLANEOUS INCOME 82,900.00 4,254.00 0.00 57,531.89 0.00 25,368.11 69.40
OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL REVENUES 1,381,456.00 93,485.82 0.00 563,517.18 0.00 817,938.82 40.79
EXPENDITURE SUMMARY
DEVELOPMENT CORP-WEDC 2,092,321.00 53,631.40 0.00 795,593.21 400.00 1,296,327.79 38.04
TOTAL EXPENDITURES 2,092,321.00 53,631.40 0.00 795,593.21 400.00 1,296,327.79 38.04
REVENUE OVER/(UNDER) EXPENDITURES ( 710,865.00) 39,854.42 0.00 ( 232,076.03) ( 400.00) ( 478,388.97) 32.70
5-12-200 07:38 AM CITY OF WYLIE PAGE: 2
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: APRIL 30TH, 2010
111-WYLIE ECONOMIC DEVEL CORP
REVENUES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
TAXES
4000-40210 SALES TAX 1,295,556.00 89,119.23 0.00 504,723.33 0.00 790,832.67 38.96
TOTAL TAXES 1,295,556.00 89,119.23 0.00 504,723.33 0.00 790,832.67 38.96
INTEREST INCOME
4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 112.59 0.00 1,261.96 0.00 1,738.04 42.07
4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL INTEREST INCOME 3,000.00 112.59 0.00 1,261.96 0.00 1,738.04 42.07
MISCELLANEOUS INCOME
4000-48110 RENTAL INCOME 82,900.00 4,100.00 0.00 34,900.00 0.00 48,000.00 42.10
4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-48410 MISCELLANEOUS INCOME 0.00 154.00 0.00 22,631.89 0.00 ( 22,631.89) 0.00
4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL MISCELLANEOUS INCOME 82,900.00 4,254.00 0.00 57,531.89 0.00 25,368.11 69.40
OTHER FINANCING SOURCES
4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL REVENUES 1,381,456.00 93,485.82 0.00 563,517.18 0.00 817,938.82 40.79
5-12-2010 07:38 AM CITY CF WYLIE PAGE: 3
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: APRIL 30TH, 2010
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
PERSONNEL SERVICES
5611-51110 SALARIES 166,778.00 12,832.50 0.00 91,102.67 0.00 75,675.33 54.63
5611-51130 OVERTIME 0.000 0.00 0.00 0.00 0.00 0.00 0.00
5611-51140 LONGEVITY PAY 960.00 0.00 0.00 868.00 0.00 92.00 9C.42
5611-51145 SICK LEAVE BUYBACK 1,924.00 0.00 0.00 1,925.04 0.00 ( 1.04) 100.05
5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 6,182.54 0.00 5,137.46 54.62
5611-51220 PHONE ALLOWANCE 3,456.00 265.84 0.00 1,885.62 0.00 1,570.38 54.56
5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51310 TMRS 20,142.00 1,529.62 0.00 10,708.76 0.O0 9,433.24 53.17
5611-51410 HOSPITAL & LIFE INSURANCE 15,145.00 1,309.78 0.00 10,546.86 0.0C 4,598.14 69.64
5611-51420 LONG-TERM DISABILITY 951.00 38.22 0.00 305.76 0.00 645.24 32.15
5611-51440 FICA 11,404.00 840.22 0.00 4,240.63 0.00 7,163.37 37.19
5611-51450 MEDICARE 2,667.00 196.50 0.00 1,449.48 0.00 1,217.52 54.35
5611-51470 WORKERS COMP PREMIUM 464.00 0.00 0.00 384.85 0.00 79.15 82.94
5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 378.00 0.00 378.00 0.00 162.00 70.00
TOTAL PERSONNEL SERVICES 235,751.00 18,261.46 0.00 129,978.21 0.00 105,772.79 55.13
SUPPLIES
5611-52010 OFFICE SUPPLIES 4,750.00 200.42 0.00 2,243.62 0.00 2,506.38 47.23
5611-52040 POSTAGE & FREIGHT 1,250.00 25.24 0.00 210.71 0.00 1,039.29 16.86
5611-52130 TOOLS/ EQUIP - UNDER $100 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-52810 FOOD SUPPLIES 5,872.00 837.04 0.00 2,442.32 0.00 3,429.68 41.59
5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL SUPPLIES 11,872.00 1,062.70 0.00 4,896.65 0.00 6,975.35 41.25
MATERIALS FOR MAINTENANC
5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-54810 COMPUTER HARD/SOFTWARE 2,500.00 0.00 0.00 1,596.49 0.00 903.51 63.86
5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL MATERIALS FOR MAINTENANC 2,500.00 0.00 0.00 1,596.49 0.00 903.51 63.86
CONTRACTUAL SERVICES
5611-56030 INCENTIVES 1,163,826.00 887.47 0.00 411,134.79 0.00 752,691.21 35.33
5611-56040 SPECIAL SERVICES 27,330.00 1,939.90 0.0C 18,728.37 0.00 8,601.63 68.53
5611-56080 ADVERTISING 35,360.00 225.00 0.00 18,888.41 0.00 16,471.59 53.42
5611-56090 COMMUNITY DEVELOPMENT 42,363.00 9,285.14 0.00 28,998.14 0.00 13,364.86 68.45
5611-56110 COMMUNICATIONS 3,440.00 434.39 0.03 2,437.20 0.00 1,002.80 70.85
5611-56180 RENTAL 15,900.00 1,346.67 0.00 11,008.88 0.00 4,891.12 69.24
5611-56210 TRAVEL & TRAINING 25,452.00 4.22 0.00 5,299.74 0.00 20,152.26 20.82
5611-5625C DUES & SUBSCRIPTIONS 8,163.00 0.00 0.00 5,656.20 0.00 2,506.80 69.29
5611-56310 INSURANCE 303.00 0.00 0.00 303.00 0.00 0.00 100.00
5611-56510 AUDIT & LEGAL SERVICES 12,600.00 0.00 0.00 5,744.00 0.00 6,856.00 45.59
5611-56570 ENGINEERING/ARCHITECTURAL 12,956.00 0.00 0.00 3,610.00 400.00 8,946.00 30.95
5611-56610 UTILITIES-ELECTRIC 3,500.00 618.86 0.00 1,943.11 0.00 1,556.89 55.52
TOTAL CONTRACTUAL SERVICES 1,351,193.00 14,741.65 0.00 513,751.84 400.00 837,041.16 38.05
5-12-2010 37:38 AM CITY OF WYLIE PAGE: 4
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: APRIL 30TH, 2010
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF
BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
DEBT SERVICE & CAP. REPL
5611-57110 DEBT SERVICE-BOND DEBT 235,005.00 19,565.59 0.00 139,721.50 0.00 95,283.50 59.45
5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL DEBT SERVICE & CAP. REPL 235,005.00 19,565.59 0.00 139,721.50 0.00 95,283.50 59.45
CAPITAL OUTLAY
5611-58110 LAND-PURCHASE PRICE 250,000.00 0.00 0.00 0.00 0.00 250,000.00 0.00
5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58810 COMPUTER HARD/SOFTWARE 1,000.00 0.00 0.00 648.52 0.00 351.48 64.85
5611-58830 FURNITURE & FIXTURES 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL CAPITAL OUTLAY 251,000.00 0.00 0.00 648.52 0.00 250,351.48 0.26
OTHER FINANCING (USES)
5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00
5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00
TOTAL DEVELOPMENT CORP-WEDC 2,092,321.00 53,631.40 0.00 795,593.21 400.00 1,296,327.79 38.04
TOTAL EXPENDITURES 2,092,321.00 53,631.40 0.00 795,S93.21 400.00 1,296,327.79 38.04
REVENUE OVER (UNDER) EXPENDITURES ( 710,865.00) 39,854.42 0.00 ( 232,076.03) ( 400.00) ( 478,388.97) 32.70
*** END OF REPORT ***
Wylie Economic Development Corporation
Balance Sheet Subledger
April 30, 2010
Inventory-Land
Date of Pur. Address Acreage Improvements (sq. ft.) Cost Basis
McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00
Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22
Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00
Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50
KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87
Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21
R.O.W. 0.18 41,585.26
Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00
R.O.W. 0.11 n/a 77,380.45
Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55
Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00
Sale of R.O.W. 2/14/07 -0.09 -20,094.48
Crossroads 6/12/09 2804 F.M. 544 0.44 4,750 171,842.02
Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00
Sale to Savage 5/28/08 -3.87 -98,917.20
Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00
Total 29.47 2,811,424.40
*A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes
owed and therefore not part of the land value.
`Prime Kuts total purchase price was $306,664.45. The distribution between 207 Industrial and R.O.W. purchased was
developed by Seller for tax purposes.
Wylie Economic Development Corporation
Balance Sheet Sub ledger
April 30, 2010
Notes Payable
Payment Beginning Bal. Principal Interest Principal Balance
March 31, 2010 $1,111,338.15
April
Inwood(#54 of 120) $9,669.72 $490,600.43 7,319.77 $2,349.95 $483,280.66
Hughes (#45 of 120) 3,774.70 238,176.41 2,583.82 1,190.88 235,592.59
Prime Kuts (#30 of 120) 2,539.59 185,305.20 1,613.07 926.53 183,692.13
Bowland(#30 of 60) 773.31 22,155.99 662.53 110.78 21,493.46
Anderson(#3o of so) 773.31 22,155.98 662.53 110.78 21,493.45
CapitalOne(#25 of 120) 2,034.96 152,944.14 1,185.86 ' 849.10 151,758.28
April 30, 2010 14,027.58 $5,538.02 $1,097,310.57
Note: Principal and Interest payments vary by date of payment.
Wylie Economic Development Corporation
Loan Term Sheet
As of April 30, 2010
Property Date of Purchase Interest Rate Current Balance
Inwood(#54 of 120) 8/26/05 5.75% $483,280.66
Hughes(#45 of 120) 7/25/06 6.00% 235,592.59
Prime Kuts(#30 of 120) 10/8/07 6.00% 183,692.13
Bowland(#30 of 60) 10/9/07 6.00% 21,493.46
Anderson(#30 of so) 10/9/07 6.00% 21,493.45
CapitalOne(#25 of 120) 3/17/08 6.25% 151,758.28
Total $1,097,310.57
WYLIE ECONOMIC DEVELOPMENT CORPORATION
SALES TAX REVENUE
FOR THE MONTH OF MAY 2010
MONTH WEDC WEDC WEDC DIFF % DIFF
2008 2009 2010 09 VS 10 09 VS 10
DECEMBER $82,384 $90,500 $81,014 -$9,486 -10.48%
JANUARY 89,898 101,531 91,593 -9,938 -9.79%
FEBRUARY 132,441 145,246 153,281 8,035 5.53%
MARCH 86,460 87,584 89,717 2,133 2.43%
APRIL 86,004 86,040 89,119 3,079 3.58%
MAY 130,208 130,966 144,953 13,987 10.68%
JUNE 99,523 94,993
JULY 98,845 95,282
AUGUST 132,563 117,541
SEPTEMBER 112,165 104,015
OCTOBER 100,202 100,312
NOVEMBER 142,985 144,326
Sub-Total $1,293,678 $1,298,336 $649,676 $7,809 1.20%
AUDIT ADJ
TOTAL $1,293,678 $1,298,336 $649,676 $7,809 1.20%
WEDC SALES TAX ANALYSIS
$180,000 -
$160,000 - --
$140,000 ----
$120,000 - - - -ft _
r
$100,000 �' # 11.,
t
$80,000 13j ec - 102009,
- _`
$60,000 �.
i
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Wylie City Council
CI_ittt
TY OF WYLIE AGENDA REPORT
Meeting Date: May 25, 2010 Item Number: F
Department: Purchasing (City Secretary's Use Only)
Prepared By: Jim Holcomb Account Code: 131-5641-58850
Date Prepared: May 13, 2010 Budgeted Amount: $150,000
Exhibits: Bid
Subject
Consider, and act upon awarding a bid for the purchase and installation of a new emergency generator.
Recommendation
Motion to award a bid to Willaby Electric in the amount of$138,687 for the purchase and installation a new
emergency generator.
Discussion
The existing emergency backup generator for the Municipal Complex is not capable of supporting the current
911 system, public safety communications, HVAC, EOC and network servers in the event of a power outage.
Money has been allocated in the Emergency Communications Fund for the purchase and installation of a new
500kva diesel generator set capable of powering all necessary systems in the event of an outage.
Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government
Code. One bid was submitted by Willaby Electric. The total lump sum bid is $138,687 to provide all necessary
equipment and labor, including engineering services for MEP and site plan drawings.
Approved By
Initial Date
Department Director JH 5-13-2010
City Manager 57;0/7��
Page 1 of 1
CITY OF WYLIE
INVITATION FOR BIDS
EMERGENCY GENERATOR
The City of Wylie is soliciting competitive bids for the purchase and installation of one
new 500kva diesel generator set. Bids shall be sealed, clearly marked and delivered to:
City of Wylie
Office of the Purchasing Agent
2000 North Highway 78
Wylie, Texas 75098
Bids will be accepted until 2:00 p.m. May 12, 2010 at which time all duly received bids
will be publicly opened. The City reserves the right to reject any or all bids and to
accept the bid that provides the best value for the City.
SPECIFICATIONS
AND SCOPE OF WORK
Contractor shall furnish and install one new 500kva diesel generator set with 48 hour
capacity fuel tank. The generator shall be tied into the existing 800amp 480v service for
the Wylie Municipal Complex located at 2000 North Highway 78 in Wylie, Texas. The
generator will power the entire facility in the event of a power outage. Generator to be
installed on North side of building in a parking space adjacent to the existing power
company transformer.
Contractor shall furnish and install one new Automatic Transfer Switch in the main
electrical room of the facility. City will be responsible for relocation of existing phone
equipment in electrical room as needed to provide space for transfer switch.
Contractor shall also remove existing Automatic Transfer Switch in the other electrical
room and rewire. Contractor shall demo existing feeder to old generator.
Contractor shall disconnect 800amp feeder coming in to main panel from transformer
and feed to new transfer switch. Contractor shall re-feed main panel from new transfer
switch and install 800amp feeder from transfer switch in equipment room outside to
generator set.
Contractor shall furnish and install one annunciator panel in main electrical room for
monitoring system. Contractor shall provide 120v control circuits to the generator set for
battery charger and block heater and one]20v circuit to the remote annunciator.
Contractor shall provide concrete pad for generator in accordance with City-
approved plans. City will be responsible for installation of protective bollards.
Contractor shall be responsible for providing necessary MEP and site plan drawings.
Contractor shall provide crane to off load and set up new generator.
Contractor shall obtain all applicable City permits (permit fees waived).
BID SUBMITTAL
BID ITEM BID AMOUNT
GENERATOR SET, ALL OTHER COMPONENTS,
INSTALLED (7 i ? Cm , u (-}
FEEDER RELOCATION, ASSOCIATED WIRING TO COMPLETE
SYSTEM ;'yf lu 7S . cJ (}
MEP AND SITE PLAN DRAWINGS GI die) . 0 6 (Aker
CONCRETE
WORK -t'-RG )* , . I. r1rP ,, _yet_S ,
OFF LOAD & SET-UP GENERATOR, INCLUDING CRANE
SERVICE 3 o 00
TOTAL LUMP SUM BID, ALL
ITEMS /. , '"- . u C i
LIST
EXCEPTIONS/EXCLUSIONS i ,,+/-0.'v . f r� �.�//(. htN 0 744 a�,fs .4,, 4 0AI,
,{ L`dAA,►J.z e ,e,y, /A.la .f rfi-/fL.-1r-P f'l" �r C tA/E/� I41/ 8,I
BIDDER INFORMATION
COMPANY NAME & ADDRESS /LI
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1'Vir!./,�- � �t I L. .��''6 �if/�/1v' ��7'�/ �'�Cf 1�
PHONE NUMBER &
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EMAIL �1.7-7 ' `/4/ " 7/ % 7 iv, 4_,e,le(>4 C pavt. roa ,,..
AUTHORIZED SIGNATURE
de/1/1/1
SIGNATURE
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: May 25, 2010 Item Number: 1
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: March 4, 2010 Budgeted Amount:
Exhibits: 4
Subject
Conduct a Public Hearing for the disannexation of a 2.0 acre tract of land situated in the Francisco de la Pina
Survey, Abstract No. 688, Collin County, Texas, generally located east of Paul Wilson Road and south of
Skyview Drive. DA2010-01
Recommendation
ALTERNATIVES:
(1) Grant request for disannexation of a 2.0 acre tract of land situated in the Francisco de la Pina Survey,
Abstract No. 688, Collin County, Texas, generally located east of Paul Wilson Road and south of
Skyview Drive by adoption of ordinance disannexing property from City;
OR
(2) Deny request for disannexation of a 2.0 acre tract of land situated in the Francisco de la Pina Survey,
Abstract No. 688, Collin County, Texas, generally located east of Paul Wilson Road and south of
Skyview Drive.
Discussion
This disannexation is at the written request of the property owner, MICHELLE BLOCKER. She is requesting
that the City dis-annex the subject property, citing failure of the City to provide city services to the property.
Owners who reside on property to be disannexed can force disannexation for non-provision of services. Ms.
Blocker does not reside on the property and cannot force the City to disannex. However, the Council may grant
the request,though it does not have to, by adoption of an ordinance disannexing the property.
The subject property is a 2 acre tract of vacant land and was rezoned from Single-Family Residential (SF-
8.5/17) to Commercial Corridor (CC) to allow for mini-warehouse for boats and other self-storage uses at the
request of the property owner in March of 2003. The vacant tract was originally annexed into the City of Wylie
as part of a 46.5 acre parcel in September of 1984, at the voluntary request of the property owner at that time.
The subject property is surrounded on three sides by unincorporated Collin County. Paul Wilson Road is a rural
asphalt roadway. A 4 acre tract containing a residential use and barn are located to the north, an approximate 2
acre tract containing a single family residential structure and barn/warehouse type structures are located to the
south, North Texas Municipal Water District treatment and storage plant is located to the east, which limits
potential expansion and further development of the existing rural settlement. Most of these neighboring
properties are now sparsely developed in rural residential uses, utilizing onsite septic systems with no public
sewer services.
Page 1 of 3
Page 2 of 3
In April 1994, the City disannexed approximately 14 acres of that 46.5 acre tract at the request of several new
property owners, who cited the City's failure to provide municipal sewer services in a timely manner. Those
dis-annexations were at the request of new property owners who claimed to not have been aware that the
properties were in the city limits. The original owner sold off the tracts prior to the annexation being finalized.
The tracts disannexed in 1994 abuts to the north and south of the land Ms. Blocker now owns.
In October of 2001, a request was made for disannexation of an 80 acre tract along Sachse Road for similar
reasons as the request currently under consideration. The Council denied that request and the applicant sued.
The courts have thus far upheld the Council's denial, based on arguments that the statute of limitations for
redress of the annexation had expired and that the property owner should have known that public sewer services
could not likely be provided in a timely manner.
The applicant petitioned the city in September of 2002 to disannex the subject property stating failure to provide
city services. It was the decision of the Council to deny the request stating that if the property was disannexed
we would still provide emergency services, as we would to all areas within our jurisdiction. Further, that we
would prefer that when a structure is built, it be built to City codes as opposed to County codes in the event of a
fire.
The City of Wylie is obligated to provide normal municipal services, including public sewer as well as police
and fire response, to all newly annexed areas within a reasonable time. The specifics of when and how such
public services are to be provided to annexed areas are to be incorporated into an Annexation Service Plan,
which serves as a legal contract. However, no such plan was apparently formulated and adopted in 1984 when
the annexation occurred. Water is provided to the tract by the Wylie Northeast Special Utilities District rather
than the City of Wylie.
The closest City sewer services are located at least 2,000 feet to the southwest in the Kensington Manor
Subdivision, but cannot be tapped into as it is a force main. Thus providing sanitary sewer service to the subject
area would be a very expensive endeavor. The City has no current plans to provide sewer services and urban
streets to this area.
The Comprehensive Land Use Map adopted in 2006 recommends that the subject property be developed as Low
Density Residential uses, permitting single-family dwellings on lots of one acre and larger. This
recommendation is somewhat consistent with the character of existing development surrounding the subject
tract. The County cannot control uses of land within city limits, and only the City Zoning Ordinance can
regulate uses and development regulations to assure that whatever is constructed on the vacant subject tract is
compatible with the existing development.
Section 43.141 of the Texas Local Government Code states that a "majority of the qualified voters of an
annexed area may petition the governing body of the municipality to disannex the area if the municipality fails
or refuses to provide services to the area. If the governing body fails or refuses to disannex the area within 60
days after the date of the petition, any one of the signers of the petition may bring a cause of action in a district
court of the county in which the area is located to request that the area be disannexed. The District Court shall
enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and the
municipality failed to perform its obligations in accordance with the annexation service plan. If the area is
disannexed, it may not be annexed again within 10 years after the date of disannexation."
Sec. 43.148. REFUND OF TAXES AND FEES of the Texas Local Government Code states that(a) If an area
is disannexed, the municipality disannexing the area shall refund to those landowners of the area the amount of
money collected by the municipality in property taxes and fees from those landowners during the period that the
area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of
the area during that period.
Page 3 of 3
(b) A municipality shall proportionately refund the amount under Subsection(a) to the landowners according to
a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of
the taxes and fees being refunded.
(c) A municipality required to refund money under this section shall refund the money to current landowners in
the area not later than the 180th day after the date the area is disannexed. Money that is not refunded within the
period prescribed by this subsection accrues interest at the rate of:
(1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and
(2) one percent each month after the 210th day after the date the area is disannexed.
A refund of$2,273 would be due based on an M&O Tax Rate multiplied by the number of years the current
property has been within the city limits under the current owner. State law allows the municipality to deduct the
amount of money that the municipality spent for the direct benefit of the area during that period.
Based on the City's Per Capita Expenditures, the City has spent $4,069.00 for the direct benefit of the property.
The per capita amount is based on Public Safety benefits and those departments within the General Fund,
including but not limited to: Planning, Building Inspections, Code Enforcement& Library.
Therefore, in accordance with Section 43.148 of the Texas Local Government Code, no refund is due to the
current property owner. Furthermore, the subject property is currently provided "like services" and no less
services than are provided to other undeveloped properties which were brought into the City as part of the 1984
annexation.
The Council may grant the request by adoption of an ordinance or resolution disannexing the subject tract, or
can deny the request to disannex.
Approved By
Initial Date
Department Director RO 05/18/10
City Manager �% 57,—y" 1-'
EXHIBIT "A "
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file:///KVAnnexation-Disannexations/A0688%20B1k%201%20Tr%2...%20F.%20DELA%2OBLOCK%201%20TRACT%20201%20ACRES%202.0000.txt
From: Michelle Blocker
Sent: Wednesday, February 24, 2010 3:58 PM
To: Renae' 011ie
Subject: dis-annex request for ABSTRACT A0688 PINA, F. DELA, BLOCK 1, TRACT 201,
ACRES 2.0000
Hi Renae,
I am requesting that the city of Wylie dis-annex the property I own at the
following location: ABSTRACT A0688 PINA, F. DELA, BLOCK 1, TRACT 201, ACRES
2.0000. I am requesting this due to the lack of city services on the
property. I have owned the property for over seven years and no development
or changes in services have been made during this time. Please let me know
if you need further information from me to process this request.
You can reach me via email at r by phone at 214-
876-9807.
Thank you,
Michelle Blocker
file:///KI/Annexation-Disannexations/A0688%20B1k%...LA%20BLOCK%201%20TRACT%20201%20ACRES%202.0000.txt[5/10/2010 10:44:57 AM]
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DISCLAIMER
This data has been compiled for
City Wylie pity of Wylie.Various official and
J unofficial sources were used to "
� a y:f•a' 1 W lI .0 W111c }S.Com gather this infomation.Every
effort was made to ensure the u
accuracy of this data,however,
no guarantee is given or implied
as to the accuracy of said data.
Exhibit 4
Amount Paid by Expenditures Per Capita
Year Value M&O Tax Rate Property Owner General Fund Population Gen. Fund Expend.
2002 28000 0.503900 141 9,403,592 18,350 512
2003 42000 0.534000 224 10,599,111 21,350 496
2004 50000 0.555900 278 12,596,080 26,150 482
2005 60000 0.561900 337 16,137,358 29,800 542
2006 60000 0.561947 337 16,630,156 33,000 504
2007 60000 0.561950 337 18,462,787 35,500 520
2008 60000 0.561950 337 20,647,934 40,709 507
2009 50000 0.561950 281 20,952,761 41,461 505
$ 2,273 $ 4,069
11/ Wylie City Council
CITY of WYLIE AGENDA REPORT
Meeting Date: May 25, 2010 Item Number: 2
Department: City Secretary/Art Liaison (City Secretary's Use Only)
Prepared By: C. Ehrlich Account Code:
Date Prepared: May 14, 2010 Budgeted Amount: $54,000
Exhibits: Design/Contract
Subject
Consider, and act upon, the final artist and art design for the Founder's Park Public Art Project and authorize
the City Manager to execute a contract to commission the art.
Recommendation
A motion approving the final art design, "CATCH" by Madeline Wiener and authorize the City Manager to
execute a contract between Madeline Wiener and the City of Wylie, in the amount of$40,000 to commission
the art piece for the Founder's Park Public Art Project.
Discussion
The Wylie Public Arts Advisory Board is recommending the selection of"Catch" by artist Madeline Wiener as
the final design for the Founder's Park Public Art Project.
Artist, Madeline Wiener was one of the semi-finalists in the Municipal Complex call for artists. Although
Wiener was not the final artist chosen for Site #2, the board and selection panel thought her work would be very
appropriate for a park setting. The board used direct selection and chose Wiener to prepare three proposals for
the Founder's Park Public Art Project.
The proposed space for the art project is located in a circular area in the middle of the main concession
stand/restroom area near the soccer fields. In the course of the presentation to both the selection panel and the
board, different designs were reviewed to accomplish the best design to enhance both the art space and the
activities that would be taking place in the park. The artist and panel/board members also discussed the best
way to display the art from a pedestrian vantage point, coming into this area from either walkway. The board
also wanted to insure there was space within the area for seating.
The final design creates two sculptures catching an imaginary ball. The board added larger risers to each
sculpture to allow additional seating. The "catcher" will measure 6 feet in width by 6 feet in length and will be
installed on a riser 9 feet in width and 18" in height bringing the total height to over 7 feet. The sculpture
throwing the imaginary ball will be 5 feet in width by 5 feet in length and will be installed on a 6 foot riser with
18" height, bringing the total height to over 6 feet. This will still leave ample space within the circular art space
Page 1 of 1
Page 2 of 2
(26' in diameter) and will allow both interaction with the sculptures and areas for rest.
Staff collaborated with the design architect, landscape architects, park staff and the artist to determine the best
material to install within the space. It was recommended that decomposed granite with a stabilizer be used for
this art space. Additionally native grasses will be installed at the edge of each walkway entrance within the
circle (see diagram)to soften the area and give additional movement to the sculptures.
At the April 29, 2009 joint meetings of the Public Arts Advisory Board and the Founder's Park Selection Panel,
all members unanimously recommended this selection for the final art design and directed staff to create a
contract between Madeline Wiener and the City of Wylie, to commission the art. The proposed contract has
been reviewed and approved by the city attorney.
Madeline Wiener will be present by Skype to answer any question the council may have.
Approved By
Initial Date
Department Director CE 5-2-2010
City Manager
��1% ,S ` r)/l
AGREEMENT
BETWEEN
THE CITY OF WYLIE,TEXAS (CITY)
AND
MADELINE WIENER
(ARTIST)
FOR
THE FABRICATION AND INSTALLATION OF THE PROPOSED
FOUNDERS PARK IMPROVMENTS PUBLIC ART PROJECT
851 HENSLEY LANE
WYLIE,TEXAS 75098
Made as of the 25th day of May, in the Year 2010
BETWEEN the City: The City of Wylie,Texas
2000 State Highway 78
Wylie,Texas 75098
Telephone 972-442-8100
Facsimile
and the Artist(s): Madeline Wiener
1335 35th Street
Denver,CO 80205
Telephone: 303-297-1429
Facsimile: 303-627-9320
For the following Project: Fabrication and Installation of the proposed Founder's Park Public Art Project
The City and the Artist agree as set forth below.
THIS AGREEMENT is made and entered by and between the City of Wylie,Texas, a Home-Rule Municipal
Corporation, hereinafter referred to as (the "City"), and Madeline Wiener, hereinafter referred to as (the
"Artists"), to be effective from and after the date as provided herein, hereinafter referred to as (the
"Agreement").
WHEREAS, the City desires to engage the services of the Artist to fabricate and install the proposed Founder's
Park Public Art Project, hereinafter referred to as the"Project";and
WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided
herein.
NOW,THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the covenants contained herein,and for the mutual benefits to be obtained
hereby,the parties hereto agree as follows:
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
ARTICLE 1
ARTIST'S SERVICES
I.I Employment of the Artist -The City hereby agrees to retain the Artist to perform the services set forth
herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and
conditions of this Agreement.
1.") Scope of Services - The parties agree that Artist shall perform such services as are set forth and
described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes. The
parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A",
in the form of written change orders. may be authorized from time to time by the City.
1.3 Schedule of Work - The Artist agrees to commence work immediately upon execution of this
Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in
the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and incorporated herein
by reference for all purposes, but in no event shall the Project be completed any later than December 15,2010.
ARTICLE 2
THE CITY'S RESPONSIBILITIES
2.1 Project Data - The City shall furnish required information, that it currently has in its possession, as
expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the
accuracy and completeness thereof.
3.2 City Project Manager- The City shall designate, when necessary, a representative authorized to act on
the City's behalf with respect to the Project(the "Project Manager"). The City or such authorized representative
shall examine the documents submitted by the Artist and shall render any required decisions pertaining thereto
as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services.
ARTICLE 3
ARTIST'S COMPENSATION
3.1 Compensation for Artist's Services - As described in "Article 1. Artist's Services", compensation for
this Project shall be Forty Thousand Dollars ($ 40.000.00) ("Artist's Fee") and will cover all services to be
rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in
accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit
"B", attached hereto. The final fifteen (15) percent of the Artist's Fee, or Six Thousand Dollars ($6,000.00)
shall not be paid until the Artist has completed, delivered and installed, where applicable, all of the Artwork
services and tasks described in Exhibits"A" and"B",attached hereto.
3.2 Invoices—No payment to the Artist shall be made until Artist tenders an invoice to the City. Payments
are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City
within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion
of each individual task listed in Exhibit"A". If any invoice remains outstanding and unpaid for more than sixty
(60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, the Artist
has the option upon written notice to the City, to suspend all work specified under this Agreement until the
account is brought current. Continued performance and/or completion of work by the Artist under this
Agreement shall resume upon the payment of the earned fees by the City.
3.3 Failure to Pay - Failure of the City to pay an invoice, for a reason other than cause, to the Artist within
sixty (60)days from the date of the invoice shall grant the Artist the right, in addition to any and all other rights
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
57.4350 v2
provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts
shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by
the Artist if the Artist breached any provision(s)herein.
3.4 Adjusted Compensation - If the Scope of the Project or if the Artist's Services are materially changed,
the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional
amounts paid to the Artist as a result of any material change to the Scope of the Project shall be agreed upon in
writing by both parties before the services are performed.
3.5 Project Suspension - If the Project is suspended or abandoned in whole or in part, by the City for more
than three(3) months,Artist shall be entitled to compensation for any and all work completed to the satisfaction
of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of
such suspension or abandonment, Artist shall deliver to City all finished or unfinished documents,data, studies,
surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection
with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for
more than three (3)months,the Artist's compensation shall be equitably adjusted as approved by the City. Any
additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties
before the services are performed.
ARTICLE 4
OWNERSHIP AND COPYRIGHT
4.1 Ownership of Work - The Project is the property of the City, and the Artist shall not make any
duplicate work of the same or substantially similar size, nor shall the Artist grant permission to others to do so
except with the written permission of the City. The City shall be entitled to copies of the plans and the maquette,
which are prepared by the Artist in connection with the development and fabrication of the Project under this
Agreement. The ownership of the art for Founder's Park Public Art Project transferred to the City upon full
payment of Artwork described in Exhibits"A"and"B"attached hereto.
4.2 Ownership of Copyright- Artist shall retain the copyright to the Artwork. Artist shall take all steps, at
his own expense,to protect the copyright of the Artwork.
4.3 License to City - The Artist irrevocably licenses the City, its employees, representatives, officers and
agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for
educational, public relations, arts promotional and other non-commercial purposes. For the purposes of this
Agreement,the following, among others,are deemed to be reproductions and/or adaptations for non-commercial
purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and
calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not
primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not
intended for a mass audience, and television from stations operated for educational purposes or on programs for
educational and news purposes from all stations.
4.4 Copyright Notice—The City undertakes to use its reasonable efforts to include in any reproductions
which it makes of the Artwork a copyright notice in the following form:
Copyright Madeline Wiener, Artist"
4.5 Representations and Warranties Regarding Copyright—The Artist represents and warrants that the
Artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other intangible
rights of any third party.
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
ARTICLE 5
FABRICATION
5.1 Specifications—Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity
with the Design approved by City as set forth in Exhibit"A".
5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be
approved in writing by the other party. For purposes of this Agreement, a "significant change" will mean any
change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork,which
affects cost, installation, site preparation, maintenance and concept as represented in the Design described in
Exhibit "A". If Artist wishes to make a significant change to the Artwork, he/she must request written approval
from the City of the change in writing at the address provided in Section 14. City will provide a written
response within thirty(30)calendar days.
5.3 Review of the Artwork — The City will be given access to the Artwork during reasonable business
hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with
fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of
Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above.
5.4 Notification of Fabrication Completion —Artist will notify the City in writing pursuant to Section 15
below when the Artwork is completed and ready for delivery. Designated representatives of the City will have
the opportunity to inspect the Artwork for conformity with the design and structural requirements prior to
delivery and to give written approval or disapproval of the Artwork for thirty (30) business days following
notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted
to the City upon completion of the Artwork.
5.5 Preparation of Site—Due to the nature of the site project and installation of the Artwork, cooperation
from the City's designated Landscape Architect is required. City will provide Artist with the specifications and
drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining
and forwarding to City design drawings and calculations for the installation of the Artwork prepared by a
professional structural engineer. The drawings will illustrate the Artwork's support system, including without
limitation, connection to the base. The Landscape Architect will utilize these drawings and if, during
installation, the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's
responsibility to remedy the discrepancy and bring the Agreement into conformance with the drawings.
5.6 Warranty of Craftsmanship —The Artist warrants that the Artwork will be free of defects in
workmanship and materials. In the event that any defects become apparent in the workmanship or materials
within five(5)years of the execution of this Agreement, Artist will remedy any defects at Artist's sole cost and
expense.
ARTICLE 6
STORAGE
6.1 Storage — The Artist shall be solely responsible for any and all necessary storage and transportation
costs associated with this Agreement and/or the Project. Artist shall remain solely responsible for ensuring the
safety of the Artwork until the permanent installation is completed and the Artist receive final approval of
artwork as required herein.
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
ARTICLE 7
FINAL APPROVAL OF ARTWORK
Within ten (10) business days of the permanent installation of the Artwork, the City will inspect the Artwork to
determine whether it conforms to all of the requirements of this Agreement.
If the City desires any modifications to the Artwork or finds that any aspect of the Artwork is not in
conformance with this Agreement, the City will notify Artist in writing within seven (7) business days of the
inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of the City
within fifteen (15)days of the date of the City's notice provided pursuant to Article 7.
ARTICLE 8
INTEGRITY OF THE WORK
8.1 Repairs and Maintenance - The City undertakes to exercise reasonable care to protect, repair, and
maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine
maintenance, including,without limitation, damage by acts of God, vandalism, conservation and/or replacement
of any portion of the Artwork to the extent that he or she is able to do so.
During Artist's lifetime, the City will not undertake any non-routine maintenance on the Artwork without
attempting to consult with the Artist or his or her authorized representative unless an emergency requires the
City to do so.
8.2 Relocation of the Work—To the extent that the Artwork is capable of being relocated, the City shall
have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of
the Artwork prior to any such relocation; however,the Artist's approval is not required for the relocation, if any.
If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork.
If Artist renounces credit for his Artwork, this would include, among other things, relinquishment and
abandonment of the copyrights described herein.
8.3 Credit—The City agrees, at its own expense,to prepare and install at or near the Project a public notice,
the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of
the Artwork.
ARTICLE 9
INSURANCE COVERAGE
Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects
and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a
minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100
Dollars ($2,000,000.00) aggregate. In addition, Artist shall provide and maintain insurance for loss (including
theft, fire and damage)and employee health and disability insurance,as well as any statutorily required workers'
compensation insurance. All insurance and certificate(s)of insurance shall contain the following provisions:
1. Name the City, its officers,agents, representatives,and employees as additional insured are as
to all applicable coverage with the exception of workers' compensation insurance.
2. Provide for at least thirty(30)days prior written notice to the City for cancellation, non-
renewal,or material change of the insurance.
3. Provide for a waiver of subrogation against the City for injuries, including death, property
damage, or any other loss to the extent the same is covered by the proceeds of insurance.
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
Insurance company qualification: All insurance companies providing the required insurance shall be authorized
to transact business in Texas and rated at least"A"by AM Best or other equivalent rating service.
Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later
than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a
certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended.
ARTICLE 10
AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE
The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist
shall make available to representatives of the City for examination all of its records with respect to all matters
covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make
excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all matters covered by this Agreement,
all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer
period, if any,as may be required by applicable statute or other lawful requirement.
The Artist agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on
the Affidavit, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit
attached hereto as Exhibit "C" and incorporated herein by reference for all purposes. Artist understands and
agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement
void able.
The Artist agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local
Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the
Artist shall execute the Conflict of Interest Questionnaire, Form ClQ, attached hereto as Exhibit "D" and
incorporated herein for all purposes.
ARTICLE 11
TERMINATION OF AGREEMENT/REMEDIES
11.1 Artist Default — Failure or refusal of the Artist to perform any act herein required, unless mutually
agreed to in writing by the City and the Artist shall constitute a default. In the event of a default, in addition to
any other remedy available to the City, this Agreement may be terminated by the City upon ten (10)day written
notice. Such notice does not waive any other legal remedies available to the City.
11.2 Conditions for Termination of Agreement Other than Artist's Default — If the City deems, in its
sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein
are not met due, in whole or in part,to the Artist's actions and/or omissions, or if cost estimates indicate that the
Project cannot be completed within the Project budget,the City retains the right to terminate this Agreement and
is released from the obligation to enter into fabrication and installation of the Artist's design concept for the
Project.
In the event of any termination, Artist shall deliver to City all work,entirely or partially completed.
The Artist shall receive as compensation, full payment for services satisfactorily, as solely determined by the
City, performed as outlined in Exhibit"B",as applicable,to the date of the termination notice received. The City
shall make this final payment within thirty(30)days of notifying the Artist.
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by
either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are
given in addition to any other rights the parties may have by law, statute,ordinance or otherwise.
ARTICLE 12
DISPUTE RESOLUTION/MEDIATION
In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out
of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation
to be conducted by a mutually acceptable mediator.
ARTICLE 13
INDEMNITY
ARTIST SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL
MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL
DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE),
CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER
INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES,DEMANDS,SUITS,JUDGMENTS AND
COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES
AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY
NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD
PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS
AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO
THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY
OF TIIE CITY (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE
TERM "CLAIMS"IS ALSO SPECIFICALLY INTENDED TO APPLY TO,BUT NOT LIMITED TO,ANY AND ALL
CLAIMS,WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY
OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE
BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES,
ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN,EXISTING OR
CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN
ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR
EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING
BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR
PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL,
STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION,
BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF
UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY
FOR WORKERS COMPENSATION INSURANCE,AND ANY OTHER CLAIM, WHETHER IN TORT,CONTRACT
OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS.
IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL
TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, IN FULFILLING ITS
OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY
WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS
OWN DEFENSE; HOWEVER,CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS
NOT TO BE CONSTRUED AS A WAIVER OF ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN
CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE
THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS
TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE
COUNSEL ON ITS OWN BEHALF,AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY.
ARTICLE 14
NOTICES
Artist agrees that all notices or communications to City permitted or required under this Agreement shall be
delivered to City at the following addresses:
Mindy Manson
City Manager
Carole Ehrlich
Public Arts Coordinator
City of Wylie
2000 State Highway 78
Wylie,Texas 75098
City agrees that all notices or communication to Artist permitted or required under this Agreement shall be
delivered to Artist at the following address:
Madeline Wiener
1335 35th Street
Denver, CO 80205
Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and
may be effected by registered or certified mail,return receipt requested.
All notices or communication required to be given in writing by one party or the other shall be considered as
having been given to the addressee on the date such notice or communication is postmarked by the sending
party. Each party may change the address to which notice may be sent to that party by giving notice of such
change to the other party in accordance with the provisions of this Agreement.
ARTICLE 15
MISCELLANEOUS
15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "D", all of
which are incorporated herein for all purposes, constitute the entire agreement by and between the parties
regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral
understandings. This Agreement may not be amended, supplemented, and/or modified except by written
agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict
with the provisions of an exhibit,the provisions of this Agreement shall prevail.
15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be
performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further
agrees that the assignment or subletting of any portion or feature of the work or materials required in the
performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this
Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and
there shall be no third party billing.
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574350.v2
15.3 Successors and Assigns -City and Artist, and their partners, assigns, successors, subcontractors,
executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and
conditions of this Agreement.
15.4 Severability- In the event a term, condition, or provision of this Agreement is determined to be invalid,
illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or
provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such
invalid,illegal,void, unenforceable or unlawful provision had never been contained herein.
15.5 Venue - This entire Agreement is performable in Collin County, Texas and the venue for any action
related directly or indirectly, to this Agreement or in any manner connected therewith shall be Collin County,
Texas,and this Agreement shall be construed under the laws of the State of Texas.
15.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or
duress for any substantial consideration,the sufficiency of which is forever confessed.
15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below
represent to each other that all appropriate and necessary action has been taken to authorize the individual who
is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that
there are no other parties or entities required to execute this Agreement in order for the same to be an authorized
and binding agreement on the party for whom the individual is signing this Agreement and that each individual
affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the
date thereof.
15.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to
enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such
party's right thereafter to enforce and compel strict compliance.
15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience
of reference and are not to be full or accurate descriptions of the content thereof.
15.10 Multiple Counterparts-This Agreement may be executed in a number of identical counterparts,each of
which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an
original if properly executed.
15.11 Sovereign Immunity—The parties agree that the City has not waived its sovereign immunity by entering
into and performing its obligations under this Agreement.
15.12 Representations — Each signatory represents this Agreement has been read by the party for which this
Agreement is executed and that such party has had the opportunity to confer with its counsel.
15.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties
hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning,
and any presumption or principle that the language herein is to be construed against any party shall not apply.
15.14 Death of Artist—In the event the Artist dies or becomes incapacitated during the term of this Agreement,
the fabrication, delivery, and installation of the Artwork shall be completed pursuant to the Artist's design,
conception, and plans by: Josh Wiener,Artist.
15.15 No Third Party Beneficiaries—Nothing in this Agreement shall be construed to create any right in any
third party not a signatory to this Agreement,and the parties do not intend to create any third party beneficiaries
by entering into this Agreement.
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574350.v2
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be
effective on the latest day as reflected by the signatures below.
EFFECTIVE DATE: May 25,2010
CITY: ARTIST:
The City of Wylie,Texas Madeline Wiener,Artist
By: By:
Mindy Manson,City Manager Print Name: Madeline Wiener
Title: Artist
Approved as to Form:
By:
c
Abernathy, Roeder, Bo &Joplin, P.C.
City Attorneys
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on this day
personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration
expressed, and in the capacity therein stated.
Given under my hand and seal of office this 25h day of May,2010.
Notary Public in and For the State of Texas
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for this State of
this day personally appeared Madeline Wiener, Artist, known to me to be the person whose name is subscribe$•;•;
to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and.•
consideration expressed, and in the capacity therein stated.
Given under my hand and seal of office this day of , 2010. . . .
Notary Public in and For the State of
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
EXHIBIT"A"
SCOPE OF SERVICES
AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY)
AND MADELINE WIENER(ARTIST)
FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED
FOUNDER'S PARK CIP ART PROJECT
200 COUNTRY CLUB ROAD.
WYLIE,TEXAS 75098
Project Description
Founder's Park Public Art Project
To fabricate and install the proposed Founder's Park Public Art Project artist Madeline Wiener will
perform the following tasks:
A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted
maquette to City staff and the Public Arts Advisory Board for their review and approval within sixty(60)
days of the receipt of this agreement. These drawings will include:
■ Detailed information of every physical feature of the construction of the Artwork and its
integration with the site with any proposed changes to the previously submitted concept
highlighted. (Final Design).
■ A description of any issues involved in the construction, integration and maintenance of the
Artwork, as well as any third party subcontractors needed to work on the project.
■ A final project budget breakdown not to exceed$40,000.
■ An installation timeline.
B) Following formal approval by the Public Arts Advisory Board, and the Wylie City Council, the
Artist shall submit drawings stamped by an engineer, licensed by the State of Texas and paid for by the
Artist, for certification that the Artwork, foundation, and its connection will be structurally sound.
C) The Artist shall fabricate and install the Artwork in substantial conformity with the approved
design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It
is the responsibility of the Artist to coordinate with the City, the Project Landscape Architect, and
Contractor to ensure that the site is prepared to receive the Artwork. The Artist will be responsible for
preparation of the site, including installation of the foundation base, risers, sculptures and lighting. The
City will be responsible for landscaping around the space and electrical power to the site.
D) Upon completion of the permanent installation and clean-up of the site, the City Project Manager
will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will
complete the City's maintenance worksheet and submit it to the City within ten (10) days of City's final
acceptance of the Artwork.
MAINTENANCE PROCEDURES
Materials and Care Information Sheet(to be filled out by the artist and submitted upon completion of the project
prior to final payment.)
Artist: Madeline Wiener Date: 05/21/2010
Title of Work: "Catch"
Media: Adair Dolomitic/Concrete Plinths
Specific materials used(Brand name and type of all materials, i.e.type of paper and fiber content,
mental alloy, chemical composition of patina, etc.)
Dolomitic Limestone
Specific techniques used in the fabrication of the Artwork. (Airbrush painting, lost wax casting, TIG
welding,etc.):
Cutting with hydraulic chain saw and diamond blades of varying sizes;finishing with various sanding
accessories.
Fabricator name and address(if other than artist):
Installation materials and techniques(Attach as-built drawings as appropriate):
Forklift and mortar mix
Recommended Maintenance Procedures: (Be as specific as possible about techniques and materials):
Coat figures with silicon impregnator, stone pro once a year. If art is stained, it can be power washed.
Cautions regarding maintenance, handling, etc:
If stains should persist; cold wax with Johnsons Acrylic Floor Wax and simply wash as needed.
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
513257.v1
EXHIBIT"B"
COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET
AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY)
AND "MADELINE WIENER" (ARTISTS)
FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED FOUNDER'S PARK PUBLIC
ART PROJECT LOCATED AT 851 HENLSEY LANE,WYLIE TEXAS 75098
Completion Schedule and Project Billing
TASK DESCRIPTION PAYMENT TIMELINE
1 Execution of Agreement and Notice to Proceed. $20,000. 5-25-10
Insurance documentation sent to City.
2 Submit final design and budget breakdown for
approval to city staff. Stamped engineered
drawings submitted.
3 Artist begins work upon issuance of city permit. 6-25-10 -
7-10-10
4 Artist carving stone (half complete) confirmed $10,000. 9-15-10
with staff. (pictures or examination)
5 Artist ships work from studio to site 12-10-10
6 Artist installs work at site $4,000. 12-14-10
7 City inspection and approval-final signoff $6,000. 12-15-10
TOTAL $40,000.
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574350.v2
EXHIBIT"C"
AFFIDAVIT
THE STATE.OF §
COUNTY OF §
I, /l11/jifL et/� Artist,make this affidavit and hereby on oath state the following:
I, and/or a person or persons related to me, have the following interest in a business entity that would be
peculiarly affected by the work or decision on the project(check all that apply);
_ Ownership of 10%or more of the voting shares of the business entity.
Ownership of$2,500 or more of the fair market value of the business entity.
Funds received from the business entity exceed 10%of my income for the previous year.
Real property is involved and I have an equitable or legal ownership with a fair market value of at least
$2,500.
None of the above.
A relative of mine has substantial interest in the business entity or property that would be affected by
my decision of the public body of which I am a member,
Other:
Upon the filing of this affidavit with the City of Wylie, Texas, I affirm that no relative of mine, in the first
degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of
the public body which took action on the agreement.
SIGNED this.p day of DilAti ,20 J 0 .
i nature of Official/Title
BEFORE ME, the undersigned authority,this day personally appeared and on oath
stated that the facts hereinabove stated are true to the best of his/her knowledge or belief.
Sworn to and subscribed before me on this day of,20T
Notary Public in and for
The State of
My commission expires:
Agreement for rounder's Park Public Art Project,Madeline Wiener,Artists
57435D.v2
EXIBIT"D"
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
4.1 Name of local governlnont officer with wttornflier has alfltitatlonor business relationship, (Co moletetliis section only ifthe
answer to A,B.or 0 is YES.)
lids section.Item 5 Including subparts A. B.G&D, must be completed for each officer with whom the filer has affiliation or
business relationship. Attach additional pages to this Form CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable Income tram the titer of the
questionnaire?
aYes �Vo
B. Is the filer orb*questionnaire receiving or likely to receive taxable Income from or at the direction of the local government
officer named In this section AND the taxable income is not from the local governmental entlty7
EDYes [No
C. Is the Der of this questionnaire affiliated with a corporation or other baainess entity that the local government officer serves
as an officer or director,or holds an ownership of 10 percent or more?
0 Yes "/,No
D. Describe each affiliation or business retatlonslvp.
Describe any Other atittfadon or business relationship that might cause acontlict of Interest.
of person doing buSeass with the governmental entity i7ale
MtedeE Dimon"
Agreement for Founder's Park Public Art Project,Madeline Wiener,Artists
574350.v2
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Presentation
for
Founder's Park
Wylie, Texas
"Catch "
May 25, 2010
Submitted by:
Madeline Wiener
Sculptor
1335 35th Street
Denver, Colorado 80205
(303) 297-1429 studio
(303) 627-9320 fax
madeline@madelinewiener.corn
www.madelinewiener.corn
TABLE OF CONTENTS
for
Founder's Park
Wylie, Texas
"Catch"
Reference Work 3
Proposed Design 4
Proposed Art Site "5
Concept Statement .. 6
Budget 7
Timeline ".8
Resume
9-10
References 11
Stone Sculpture Reference Work
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Even'afternoon when I pick up my grandson kindergarten at ,,,,00.
Do vie venient410t,School,we spend time on pour"'.e ightJid sculpture,
)estrr�dar heout that 6 people. couldsit onthe large piece o th00p,e
Rl���,
r m
girl reading, where more cr t n than not, a real girl is actually reading
.
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Ronan's favorite piece is the one closest to the Recreation Center He sits ' ,, .=�
nea
e front and 1 sit on the
t area, with my back to his, Then he drives or 0.* ''
flies rrrsrsomewhere, 3e love the ,w warmth, theco/nib rrt bodies c youngand l cal ' ,:. ';.Iro ,..:,
the snit and the htrrrrcrr in " tarry°tire "�, It`s ama,�magnet lo00
t,,,r�kids and adults. Thank
von. " Deborahr,Arts Educator anFounderof Playwrights Project .,:;�s.>',.--,. •
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ARTIST STATEMENT
for
Founder's Park
Wylie, Texas
"Catch"
I am very enthusiastic about creating an installation for Founder's Park in Wylie, Texas. The overwhelming response to the
interactive spirit of my sculpture leads me to believe that my sculptures would be well suited for this recreational park.
In viewing the proposed area for the sculptures I'm presenting, I immediately felt the excitement of going to a sporting event
—and creating sculptures that suggest just the sport that can be viewed in Founder's Park. I have created an installation in my
contemporary style that suggests one figure of a girl throwing a ball and one figure running to catch it. These figures in
"action" suggest movement in the space.
The setting is perfect for these figures as there is room for people to move around and mimic them by tossing a ball around
and to just feel the excitement of going to a sporting event. I have seen the same familiar scene each time I have gone to a
baseball game—be it in my local park where I've lived and raised my sons or at a Colorado Rockies game. People of all ages
are tossing a ball to their friends, dad, grandparent, or sibling and playing catch in exhilaration of being at a baseball game.
The larger figure would be approximately 6' x 6' x 2' and the smaller figure would be 5' x 5' x 2'. The figures will be
created out of Dolomitic Limestone, a very durable stone that would work beautifully with the surroundings. This stone is
heavily used in architecture for its ability to look new after a hundred years. It can be partially polished and textured to create
a beautiful contrast. This material is impenetrable by acid and is my personal favorite for heavy use because it is very
integral and durable for interactive, outdoor sculpture. I have created numerous other interactive sculptures out of this stone
and they are all holding up perfectly under constant use. The pieces will be sealed with silicon impregnators and the best
state of the art sealer, making them easily restored from graffiti or stains. Stone requires little to no maintenance and holds
up very well with the seasonal temperature extremes, remaining comfortable to sit on throughout the year.
The sculptures will be pinned;therefore,they will need two separate foundations, one for under each piece. The sculptures
will be installed with a forklift and placed on quickset mortar-mix. I will "tuck point"the bottoms to the concrete pads,
giving each element a professional, finished look, leaving the installation neat and attractive. We will need water in order to
mix the mortar-mix.
Being a figurative artist, I have been designing public sculptures that are both visually and physically interactive for many
years. I enjoy exaggerating lines and creating movement with stone. The movement happens with a gesture that is created
with a simple line, a twist, and volume. I respond to the people who live in the communities where my sculptures are going,
and with their help,the art often becomes the icon for the community.
At the time of the installation and/or dedication, I usually hold mini-workshops for the community to participate by going
over the sculptures with fine sanding pads, giving them the experience of finishing a sculpture(even though the pieces are
finished when installed). At that time, I will explain how the sculptures were created. I even hand out chips that were part of
the stone so they will be able to 'own a piece of the sculpture',thus taking `ownership' of the artwork. Engaging the
community enables the people to know more about the selected artwork and not be left with unanswered questions. This is a
great way to get the community involved and has proven to be an essential step for curious community members and insures
a greater positive acceptance and response to the overall commission.
I enjoy creating work that will be both functional and visually pleasing. It is always my desire through my work to engage
viewers and entice them to come close and experience my stone sculpture. My style is timeless, so it can fulfill the needs of
future generations. My sculptures have been found to be entertaining, stimulating, and memorable. All my public work
evokes some sort of expression in that I get feedback from the public and the commissioning bodies suggesting that the work
is successful. All of my past projects have been on time and within budget.
"Every afternoon when I pick up my grandson from kindergarten at Doyle Elementary School, we spend time on your
delightful sculpture. Yesterday he figured out that 6 people could sit on the large piece of the girl reading, where more often
than not, a real girl is actually reading. Ronan's favorite piece is the one closest to the Recreation Center. He sits near the
front and I sit on the flat area, with my back to his. Then he drives or flies us somewhere. We love the warmth, the comfort
for bodies young and old, the wit and the humor in "Storytime". It's a magnet for kids and adults. Thank you. "
Deborah Salzer, Arts Educator and Founder of Playwrights Project
6
BUDGET
for
Founder's Park
Wylie, Texas
"Catch"
Artist Fees
Fabrication& Design fee $ 7,900
Professional Consultation Fees
Engineering $ 500
Materials
Stone(6' x 6' x 2' and 5' x 5' x 2') $ 7,900
Concrete for foundation $ 3,000
Tools(diamond chainsaw blade, diamond blades, fuel) $ 1,000
Sealer $ 400
Sub-total $ 12,300
Shipping
Delivery of stones to studio $ 3,300
Delivery of sculptures to site $ 1,700
Sub-total $ 5,000
Forklift(setting stones in studio/picking sculpture up from studio) $ 2,000
Installation
Fork-lift at installation site $ 1,000
Excavation and Foundation $ 2,000
Travel $ 600
Site Restoration $ 1,500
Assistant at site $ 1,000
Sub-total $ 6,100
General Operating
Insurance $ 500
Studio $ 1,000
Administrative $ 700
Sub-total $ 2,200
Contingency $ 4,000
Total $ 40,000
7
ESTIMATED TIMELINE
for
Founder's Park
Wylie, Texas
"Catch"
*Deliver & install sculpture — 8 months from signing of Contract
This Timeframe includes:
City approval* (— 8 weeks)
Signing of Contract/Receipt of Deposit* (— 8 weeks)
Order & Ship stones to studio (—4 weeks)
Begin carving (at receipt of signed contract & down payment)
(*pending city approval/signing of contract/receipt of deposit meets the estimated
timeline presented here)
8
RESUME
Personal: Born in New York,NY, 1947. Married. Two children.
Education: 1967-74: New York School of Visual Arts.
Commissions:
Numerous indoor and outdoor commissions, including:
2011 Chanticleer Park, Santa Cruz, CA
2010 City of Campbell/East Campbell Avenue Improvement Project,Campbell, CA
2010 San Juan Regional Medical Center(Healing Garden), Farmington,NM
2010 Norview Community Center,Norfolk, VA
2010 Canyon Country Park, Santa Clarita, CA
2009 Brooks College of Health,Jacksonville, FL
2009 The Gainsboro Library, Roanoke, VA
2009 Little Toots Park, Steamboat, CO
2009 Ocean Springs Library, Ocean Springs, MS
2009 Goodson Recreation Center, Centennial, CO
2008 City of Novato Bench Project,Novato, CA (2-sites)
2008 "Intersection of Art& Function" Bench Project, Aurora, CO
2007 Rancho Cielo, Santa Barbara, CA
2006 Kohl Children's Museum, Glenview, IL
2005 Benson Park, Loveland, CO
2005 University of Hyderabad, Hyderabad, India
2004 Denver University, Chambers College for Women, Denver, CO
2004 The Valley School, Bangalore, India
2003 Doyle Park, San Diego, CA
2003 Pine Lane Primary School, Douglas County, CO
2002 Denver University, Center for Performing Arts, Denver, CO
2001 Denver University, Lamont School of Music, Denver, CO
2000 The Cable Center, Denver, CO
2000 Sculpture Park at Scripps Memorial Hospital, La Jolla, CA
2000 Ritchie Center, Denver University, Denver, CO
1999, 1998 Montrose Library, Montrose, CO
1999, 1992 Museum of Outdoor Arts, Denver, CO
1999 Adichunchanagiri Medical College, Karnataka, India
1998 Monarch Contemporary Art Center, Tenino, Washington
1996 Cadzow Glen Sculpture Park, Hamilton, Scotland
1996 The Lake House, Evergreen, CO
1996(annually) National Sports Center for the Disabled, Winter Park, CO
1995 Livingston Development Corporation, Livingston, Scotland
1992 Artist in Residency, Greenwood Village/Cherry Creek High School, Denver, CO
1991 Colorado Council on the Arts& Humanities, Art in Public Places CO
1991 Humana Hospital, Los Angeles, CA
Selected Collections: Museum of Outdoor Arts, Englewood, CO
Loveland Museum Denver Broncos
University of Denver Blue Cross and Blue Shield of Colorado
Benson Park, Loveland, Colorado Wells Fargo
Remax Corporation Coors Foundation
Hertz Denver Post
Texaco Little Nell Hotel, Aspen, CO
Colorado Rockies First National Bank, Trinidad
Town of Hamilton, Scotland Rocky Mountain News
Town of Livingston, Scotland Seal Furniture, San Diego, CA
Town of Evergreen, Colorado US West, CO
9
Madeline Wiener Résumé
Selected Exhibitions:
2009, 08,, 07, 06, 05, 04, 03 Invited Artist, "Sculpture in the Park", Loveland, CO
2008, 2005, 2004 Governor's Invitational at Loveland Museum, Loveland, CO
2008 "Character Sketches" Exhibition at Loveland Museum, Loveland, CO
2008 "Sculpture on the Fax",Aurora, CO
2009, 2010 City of Atlanta Public Artists Registry,juried
2008, 2007 Pre-qualified Artist Pool juried, El Paso, TX
2008-2009 City of Evanston's pre-qualified database-juried, Evanston, IL
2007, 2005, 2004 Arts Student League Invitational Show, Denver, CO
2007 Best in Sculpture, Manhattan Arts International 24th Anniversary competition
2007 Manhattan Arts On-line Gallery
2007 International Sculpture Center/Sculpture Magazine Portfolio
2007 Access Gallery, Denver CO
2007 Functional Park Art Catalog for City of Colorado Springs, CO
2004 October Armory Art Center—Master Artist Exhibition, W. Palm Beach, FL, CO
2001 Historical Museum, Stone Sculpture Exhibition, Denver, CO
2000 January The Invisible Museum, Denver, CO
1999 May-November Museum of Outdoor Arts, Englewood, CO
1999 May Celebrate Colorado Artists, Denver, CO
1999 May Museum of Outdoor Arts, Englewood, CO
1998 December Indoor exhibit, Museum of Outdoor Arts, Englewood, CO
1998 August Art Concepts Gallery, Tacoma, WA
1993 Nov/Dec Loveland Museum, Loveland, CO
1993 Naropa Institute, Boulder,CO
1992, 1991, 1990 Colorado Historical Museum/Art Students League of Denver, Denver, CO
1990, 1989 North American Sculpture Exhibition, Golden, CO
1990 Colorado Sampler,JFK Center for the Performing Arts, Washington DC
1989, 1988, 1987 Saks Gallery/Art Students League of Denver, Denver, CO
1989 Greenwood Village all Colorado Exhibition
1988 Loveland Museum Biennial, Loveland, CO
1987, 1980, 1979 Gilpin County Arts Assoc., Central City, CO
1986, 1984, 1979 Jewish Community Center, Denver, CO
1980 Edgar Britton Gallery, one-woman show, Denver, CO
1979 Petroleum Club, Denver, CO
1976 Unicorn Gallery,New York,NY
1976 Gallimaufry Gallery, Croton-on-Hudson,NY
1975 School of Visual Arts,New York,NY
1974 Lynn Kottler Gallery,New York,NY
Teaching& Speaking Engagements:
1989-annually Founder, Director and Instructor, MARBLE/marble Symposium, Marble, CO
2008 Guest speaker/stone carving demonstration, Denver Art Museum, Denver CO
2008, 1993 Guest speaker at Loveland Museum, Loveland, CO
2007 Guest speaker, "Sculpture in the Park" seminar, Loveland, CO
2005 Instructor, Armory Art Center Master Artist Workshop, W. Palm Beach, FL
2005 Guest speaker, Mesa State College, Grand Junction, CO
2003 Workshop with Installation of`Storytime', Doyle Park, San Diego, CA
2000 Workshop with Installation of`Family Reflections', La Jolla, CA
1998 Guest speaker, Monarch Center for Contemporary Art,Olympia, WA
1995-1987 Instructor in stone carving, Art Students League of Denver, CO
1982 Workshop, Rehabilitation Center for Blind, Denver, CO
Selected Publications:
Sculptors of the Rockies book, Southwest Art publ., 2009 • LUXE, Fall 2007 • Reporter-Herald/Loveland, CO,
August 12, 2007 • Southwest Art Magazine, July 2007 • The Valley Journal/Marble, CO, July 19-25, 2007 • Stone
in America, 2006 • Sculptural Pursuit Magazine, 2005 • American Parade, 2005 • Sunset Magazine, 2004 • The
Leher Report, 2004 • Sculpture Review magazine, 2003 • Westward, 2003 • Sculpture Magazine, 1995 • Good
Afternoon CO, Denver Channel 9, 1993 • CO Homes& Lifestyles 1984 • Denver Post& Rocky Mountain News,
numerous
10
REFERENCES
1. Karen Rudd, Cultural Affairs Manager
City of Norfolk, 208 East Main Street,Norfolk, Virginia 23510
Phone: (757)664-6883 E-mail: Karen.Rudd@norfolk.gov
Project: "Storyteller", 2009, Norview Community Center, Norfolk, VA
2. Winnie DelliQuadri
City of Steamboat Springs, PO Box 775088, Steamboat Springs, CO 80477
Phone: (970) 879-2060 E-mail: wdelliquadri@steamboatsprings.net
Project: "Let the Music Play", 2009, Little Toots Park, Steamboat Springs, CO
3. Susan Jennings, Public Art Coordinator
City of Roanoke, Department of Economic Development, 117 W. Church Ave, Roanoke VA 24011-1905
Phone: (540) 853-5652 E-mail: susan.jennings@roanokeva.gov
Project: "Healing Garden", 2009, Gainsboro Library, Roanoke, VA
4. Jacquie Kitzelman
South Suburban's Goodson Recreation Center, 6315 South University Blvd., Centennial, CO
Phone: (303) 798-5131 E-mail: hijac@q.com
Project: "Stretch", 2009, Goodson Recreation Center, Centennial, CO
5. Polly Juneau, LHPAC Board of Directors
Loveland High Plains Arts Council, P.O. Box 7006, Loveland, CO 80537-0006
Phone: (970)663-2940 Fax: (970) 669-7390 E-mail: pollyj@frii.com
Project: "The Conversation", 2005, Benson Park, Loveland, CO
6. Naomi McLean, Chairperson
Doyle Community Park Recreational Council, 4089 Caminito Terviso, San Diego, CA 92122
Phone: (858)453-5450 Fax: (858)457-4144 E-mail: mcleans1@hotmail.com
Project: "Storytime", 2003, Doyle Community Park, San Diego, CA
7. Kathy Kormos, Deputy Director
City of Novato, Purchasing Agent, 75 Rowland Way#200,Novato, CA 94947
Phone: (415) 899-8987 E-mail: kkormos@ci.novato.ca.us
Project: "Bench Girl"& "Portly Man", 2008, City of Novato Bench Project, Novato, CA (2-sites)
8. Mary Trieschmann
Kohl Children's Museum of Greater Chicago, 2100 Patriot Boulevard, Glenview, IL 60026
Phone: (847) 832-6600 Fax: (847) 724-6469
Project: "Once upon a time... there was a tully monster", 2006, Chicago, IL
9. Mark Rodgers, University Architect
University of Denver, 2400 S. Race St., Denver, CO 80208
Phone: (303) 871-4746 E-mail: m44rodgers@earthlink.net
Project: Set of Bronze Gates for Private Residence (Chancellor Ritchie), 2007, Rancho Cielo, Santa Barbara, CA
Project: "Celebration of Women", 2004, University of Denver, CO
Project: "Porch Performers with Throne", 2002, University of Denver, CO
Project: University of Denver/Lamont School of Music, 2000, University of Denver, CO
Project: Ritchie Center, Marion Gottesfeld Ballroom, 2000, University of Denver, CO
10.Chancellor Daniel Ritchie, University of Denver,July 1989-June 2005, Chairman Emeritus, DU Board of Trustees
University of Denver, 2199 S. University Boulevard, Denver, CO 80208
Phone: (303) 871-2122 E-mail: dritchie@du.edu
Chairman and CEO, Denver Center for Performing Arts, 1101 Thirteenth Street, Denver CO 80204
Phone: (303)446-4819 E-mail: dritchie@dcpa.org
Project: Set of Bronze Gates for Private Residence (Chancellor Ritchie), 2007, Rancho Cielo, Santa Barbara, CA
Project: "Celebration of Women", 2004, University of Denver, CO
Project: University of Denver/Lamont School of Music, 2000, University of Denver, CO
Project: Ritchie Center, Marion Gottesfeld Ballroom, 2000, University of Denver, CO
11