04-26-2016 (City Council) Agenda Packet Wylie City Council
CITY OF WYLIE NOTICE OF MEETING
Regular Meeting Agenda
April 26, 2016 — 6:00 pm
Wylie Municipal Complex
Council Chambers/Council Conference Room
300 Country Club Road, Building #100
Eric Hogue Mayor
Keith Stephens Mayor Pro Tern
Diane Culver Place 2
Todd Wintters Place 3
Candy Arrington Place 4
William Whitney Ill Place 5
David Dahl Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
T'ww.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS
00 Junior Mayor Kairi Yelverton (E. Hogue, Mayor)
00 Proclamation declaring May as Motorcycle Safety Awareness Month: Blacksheep
Motorcycle Club (E. Hogue, Mayor)
April 26,2016 Wylie City Council Regular Meeting Agenda Page 2 of 4
0o Proclamation declaring April 10, 2016 through April 16, 2016 as National Public Safety
Telecommunications Week in the City of Wylie. (B. Parker, Fire Chief)
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of April 12, 2016 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31,
2016. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
March 31, 2016. (L. Bantz, Finance Director)
D. Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for
additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas
initiates Agreement No. W9126G-16-T-0089 and the U.S. Army Corps of Engineers. This
agreement is for the provisions of additional Law enforcement Services from May 20, 2016
through September 6,2016 for a sum not to exceed$63,156.00. (A. Henderson, Police Chief)
E. Consider and act upon the award of Request for Qualifications (RFQ) #W2016-42-E for
Design Services for Wylie Municipal Complex East Meadow Trail Project to Dunaway
Associates, L.P. in the estimated amount of $91,770, and authorizing the City Manager to
sign any necessary documents. (G. Hayes, Purchasing)
REGULAR AGENDA
1. Consider, and act upon, Ordinance No. 2016-07 amending Ordinance No. 2015-30 (2015-
2016 Budget) for proposed mid-year amendments for fiscal year 2015-2016. (L. Bantz,
Finance Director)
Executive Summary
The mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue
and expenditure adjustments to the adopted budget. The detail is attached for the requested items which are
located within the General Fund, 4B Sales Tax Revenue Fund, and Utility Fund. The requests are further
defined as neutral(matching revenues to expenditures),revenue increases or expenditure increases.
April 26,2016 Wylie City Council Regular Meeting Agenda Page 3 of 4
2. Consider and act upon purchase of eight(8) Chevrolet PPV Patrol Tahoe units from Reliable
Chevrolet in the estimated amount of $285,000, through a cooperative agreement with
Tarrant County; and authorizing the City Manager to sign any necessary documents. (G.
Hayes, Purchasing)
Executive Summary
Previously, the General Motors Corporation/Chevrolet Division had made a business decision to
significantly reduce the production of pursuit rated Tahoe vehicles. This had eliminated the availability of
dealer on-the-lot inventories and created a nation-wide allocation system. Reliable Chevrolet has recently
been given authorization by General Motors to purchase inventory units, and has two(2)units on the lot and
additional units on order(deadline for current model year is June 2016). If the City chooses to wait until the
new fiscal year,the ordering for new models will not open until December 2016,thus delaying delivery into
April 2017.
3. Consider, and act upon Resolution No. 2016-11(R) directing Oncor Electric Delivery
Company, LLC to file certain information with the City of Wylie; setting a procedural
schedule for the gathering and review of necessary information in connection therewith;
setting dates for the filing of the city's analysis of the company's filing and the company's
rebuttal to such analysis; ratifying the hiring of legal counsel and consultants; reserving the
right to require the reimbursement of the City of Wylie's rate case expenses; setting a public
hearing for the purposes of determining if the existing rates of Oncor Electric Delivery
Company are unreasonable or in any way in violation of any provision of law and the
determination by the City of Wylie of just and reasonable rates to be charged by Oncor
Electric Delivery Company, LLC.; noting compliance with open meetings law; providing
notice of passage (M. Manson, City Manager)
Executive Summary
Recent Public Utility Commission of Texas ("Commission") proceedings related to approval of conversion
of Oncor into a Real Estate Investment Trust ("REIT") resulted in the Commissioners' desire to share $200
million to $250 million in annual federal income tax ("FIT") savings with Oncor ratepayers. Since the
proceeding involving a change of ownership and control of Oncor was not a rate case, the Commission had
no jurisdiction to order a reduction in rates. The new owners of Oncor indicated an intent to file a rate case
in mid-2017 to become effective in 2018. Believing that a two year wait to factor FIT savings into rates was
too long to wait, the Steering Committee of Cities Served by Oncor decided to initiate a rate case against
Oncor.
READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
WORK SESSIONS
0o Work session and direction regarding possible parking restrictions for portions of
the Cimarron Estates Subdivision due to Wylie East Student parking. (M. Manson,
City Manager)
0o Work session and direction regarding identifying possible priority
highway/freeway projects contained in the Mobility 2040 Transportation Plan.
(M. Manson, City Manager)
April 26,2016 Wylie City Council Regular Meeting Agenda Page 4 of 4
co Work session to discuss the impact of the April 11th storm (M. Manson, City
Manager)
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§Sec. 551.072.DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value
of real property if deliberation in an open meeting would have a detrimental effect on its negotiating
position.
0o Discussion regarding property generally located near the intersection of Country
Club and Brown St.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not
limited to,the following sanctions and purposes:
CERTIFICATION
I certify that this Notice of Meeting was posted on April 22, 2016 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy,
this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE
■
Minutes
City Council Meeting
Tuesday, April 12, 2016 — 6:00 p.m.
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:03 p.m. City Secretary Ehrlich took roll call
with the following City Council members present: Mayor Eric Hogue, Mayor pro tem Keith
Stephens, Councilman David Dahl, Councilwoman Candy Arrington, Councilwoman Diane
Culver, Councilman Todd Wintters, and Councilman William Whitney III.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Development Services Director, Renae 011ie; Finance Director, Linda Bantz; Fire Chief, Brent
Parker; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; City Secretary,
Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Wintters gave the invocation and Councilman Whitney led the Pledge of Allegiance.
PRESENTATIONS
• Presentation of Wylie Way Students—Third Nine Weeks (E. Hogue, Mayor)
Mayor Hogue and Mayor pro tem Stephens presented medallions to students demonstrating
"Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as
the "Wylie Way Student."
• Proclamation declaring April 10, 2016 through April 16, 2016 as National Public Safety
Telecommunications Week in the City of Wylie. (B. Parker, Fire Chief)
Mayor Hogue announced due to the severe weather and hail in Wylie, the presentation of
National Public Safety Telecommunications would be honored but presented at a future meeting
when the Telecommunications staff could be present.
Minutes April 12, 2016
Wylie City Council
Page 1
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
No Citizens were present wishing to address Council during Citizens 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 March 22, 2016 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, approval of a Final Plat for Bozman Farm Estates Phase 5,
establishing 119 single family residential lots and six open space lots on 46.888 acres,
generally located at Collins Boulevard and Troy Road. (R. 011ie, Development Services
Director)
C. Consider, and act upon, approval of a Final Plat for Creekwood Estates, creating twenty-one
single family residential lots,two open space lots and a public road on 20.613 acres, generally
located in the City of Wylie ETJ southeast of the intersection of Whitley Road and Hunters
Glen Drive. (R. 011ie, Development Services Director)
D. Consider, and act upon, Resolution No. 2016-09(R) authorizing the City Manager to execute
the declaration of deed restriction relating to property owned by Wylie and located at 900
W. Kirby, Wylie Texas 75098; Further authorizing the City Manager to take any and all
other actions necessary to effectuate the same: and providing for an effective date. (J.
Butters, Asst. City Manager)
E. Consider, and act upon, the award of bid #W2016-51-A for Parks and Recreation Mowing
and Litter Services to J. Nichols Construction, Inc. in the estimated annual amount of
$244,955.00 and authorizing the City Manager to execute any and all necessary documents.
(G. Hayes, Purchasing)
F. Consider, and act upon, Resolution No. 2016-10(R) authorizing the City Manager to execute
a Memorandum of Agreement between the Wylie Independent School District and the City
of Wylie to jointly cooperate in order to furnish clinical education to students enrolled in the
Wylie Independent School District's Emergency Medical Technician Curricula Offerings.
(B. Parker, Fire Chief)
G. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of February 29, 2016. (S. Satterwhite, WEDC
Director)
Minutes April 12, 2016
Wylie City Council
Page 2
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
1. Consider, and act upon, the appointment of a board member to the North Texas Municipal
Water District(NTMWD)Board to fill an expired term of June 1,2016 to May 31,2018.
(C. Ehrlich, City Secretary)
Executive Summary
Mayor Hogue addressed Council stating that The Board of Directors of the North Texas Municipal Water
District is a policy making body similar in nature to the City Council. The Board is responsible to both the
State of Texas and to the member Cities for assuring that NTMWD operations occur in accordance with
state and federal law, in alignment with NTMWD policy, and in the best interests of the Cities receiving
services.
Currently the board is reviewing some important issues with member cities. Board member Marvin Fuller
is one of two members representing Wylie and has served on this board for many years and is
knowledgeable with regard to the district and pending issues. Mayor Hogue stated that he had been in
contact with Mr. Fuller, who has agreed to serve another term if re-appointed.
Council Action
A motion was made by Councilwoman Arrington, seconded by Mayor pro tem Stephens to re-
appoint Marvin Fuller to the North Texas Municipal Water District for a term to begin June 1,
2016 and end May 31, 2018. A vote was taken and the motion passed 7-0.
Mayor Hogue convened into Executive Session at 6:35 p.m. reading the captions below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§Sec. 551.072.DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value
of real property if deliberation in an open meeting would have a detrimental effect on its negotiating
position.
• Discussion regarding property generally located near the intersection of Country
Club and Brown St.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Open Session at 7:17 p.m. There was no action taken as a
result of Executive Session.
Minutes April 12, 2016
Wylie City Council
Page 3
ADJOURNMENT
A motion was made by Mayor pro tern Stephens, seconded by Councilman Whitney, to adjourn
the meeting at 7:21 p.m. A vote was taken and the motion passed 7-0.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes April 12, 2016
Wylie City Council
Page 4
,f. A Wylie City Council
iyl_- • +
..:,k . .4 .. AGENDA REPORT
Meeting Date: April 26, 2016 Item Number: B
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: April 14, 2016 Budgeted Amount:
Exhibits: Investment Report
Subject
Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2016.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Investment Report for March 31, 2016.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Page 1 of 1
City Of Wylie
2015-2016 Investment Report
March 31, 2016
Money Market Accounts: MMA
Certificates of Deposit: CCD
Treasury Bills: T-Bills
Treasury Notes: T-Notes
Government Agency Notes: AN
Invest. Principal Type Of Interest Purchase Maturity
Number Amount Security Rate Issuer Date Date
1 $14,551,191.55 MMA 0.3273% Texpool 12/31/2006 NA
2 $15,071,650.61 MMA 0.3450% TexStar 3/15/2011 NA
$29,622,842.16
Total
Weighted Average Coupon: 0.3363% Money Markets: $29,622,842.16
Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00
$29,622,842.16
,f. A Wylie City Council
iyl_- • +
..:,k . .4 .. AGENDA REPORT
Meeting Date: April 26, 2016 Item Number: C
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: April 14, 2016 Budgeted Amount:
Revenue and Expenditure
Exhibits: Monthly Report
Subject
Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2016.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31,
2016.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Page 1 of 1
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
March 31,2016
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00%
ACCOUNT DESCRIPTION 2015-2016 2015-2016 2015-2016 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 23,439,014 522,889 20,252,512 86.41% A
FRANCHISE FEES 2,671,000 13,173 789,088 29.54% B
LICENSES AND PERMITS 746,000 73,934 438,411 58.77%
INTERGOVERNMENTAL REV. 725,920 15,925 314,147 43.28% C
SERVICE FEES 3,225,000 257,158 1,517,093 47.04% D
FINES AND FORFEITURES 660,832 51,270 254,153 38.46% E
INTEREST INCOME 5,000 3,713 12,061 241.21%
MISCELLANEOUS INCOME 166,000 16,691 87,490 52.70%
OTHER FINANCING SOURCES 2,054,050 0 2,165,074 105.41% F
REVENUES 33,692,816 954,753 25,830,029 76.66%
USE OF FUND BALANCE 972,783 NA NA NA G
USE OF CARRY-FORWARD FUNDS 58,907 NA NA NA
TOTAL REVENUES 34,724,506 NA NA NA
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 90,796 5,262 38,206 42.08%
CITY MANAGER 841,241 67,308 361,955 43.03%
CITY SECRETARY 276,680 31,115 124,137 44.87%
CITY ATTORNEY 147,000 14,809 35,611 24.22%
FINANCE 1,032,813 105,379 509,805 49.36%
FACILITIES 729,460 53,145 263,144 36.07%
MUNICIPAL COURT 365,036 29,104 159,205 43.61%
HUMAN RESOURCES 306,936 21,109 114,527 37.31%
PURCHASING 162,501 11,586 47,908 29.48%
INFORMATION TECHNOLOGY 1,254,236 102,688 623,435 49.71%
POLICE 8,362,316 602,320 3,635,846 43.48%
FIRE 7,161,256 570,974 3,051,848 42.62%
EMERGENCY COMMUNICATIONS 1,409,706 81,676 580,811 41.20%
ANIMAL CONTROL 671,946 38,688 236,666 35.22%
PLANNING 582,075 43,662 224,833 38.63%
BUILDING INSPECTION 485,270 26,465 149,891 30.89%
CODE ENFORCEMENT 236,744 14,972 89,439 37.78%
STREETS 2,367,884 128,952 650,419 27.47%
PARKS 2,417,139 116,654 872,284 36.09%
LIBRARY 1,770,773 117,900 754,705 42.62%
COMBINED SERVICES 4,052,699 260,849 1,749,286 43.16%
TOTAL EXPENDITURES 34,724,506 2,444,617 14,273,961 41.11%
REVENUES OVER/(UNDER)EXPENDITURES 0 -1,489,864 11,556,069 35.56%
A. Property Tax Collections for FY15-16 as of March 31 are 99.09%, in comparison to FY14-15 for the same time period of 98.16%.
B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority.
C. Intergovernmental Rev:The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly.
D.Service Fees:Trash fees billed in October are applicable towards FY 2014-15 revenue.
E. Fines and Forfeitures:The Court Fines budget was significantly increased for FY15-16.Actual revenues are up 36%compared to this time last year.
F.Other Financing Sources includes the annual transfer from the Utility Fund and proceeds from the sale of capital assets.
G. Use of Fund Balance: For Replacement/New Fleet&Equipment and Transfer to Debt Service.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
March 31,2016
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 50.00%
ACCOUNT DESCRIPTION 2015-2016 2015-2016 2015-2016 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 12,690,000 1,012,022 4,669,006 36.79% H
INTEREST INCOME 1,500 987 3,260 217.35%
MISCELLANEOUS INCOME 57,000 5,292 19,403 34.04%
OTHER FINANCING SOURCES 101,200 0 153,371 151.55%
REVENUES 12,849,700 1,018,301 4,845,040 37.71
USE OF FUND BALANCE 113,100 NA NA NA J
USE OF CARRY-FORWARD FUNDS 235,000 NA NA NA
TOTAL REVENUES 13,197,800 NA NA NA
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 480,006 33,278 176,153 36.70%
UTILITIES-WATER 1,837,773 114,154 729,408 39.69%
CITY ENGINEER 564,635 61,431 221,800 39.28%
UTILITIES-SEWER 720,733 49,798 276,654 38.39%
UTILITY BILLING 301,144 21,573 147,709 49.05%
COMBINED SERVICES 11,954,742 683,156 7,151,075 59.82% K
TOTAL EXPENDITURES 15,859,033 963,390 8,702,799 54.88%
REVENUES OVER/(UNDER)EXPENDITURES -2,661,233 54,911 -3,857,759 -17.17%
H. Most Utility Fund Revenue billed in October was applicable to FY 2014-15.
I.One-time transfer from General Fund in October to cover the cost of replacement vehicles and proceeds from the sale of capital assets.
J. Use of Fund Balance: Includes Hardware/Software to implement the GIS program.
K. Due to annual transfer to the General Fund. This will level out over the remainder of the fiscal year.
F.
/. A `,ii Wylie City Council
•...:.k .4 .. AGENDA REPORT
Meeting Date: April 26, 2016 Item Number: D
Department: Police (City Secretary's Use Only)
Anthony Henderson
Prepared By: Chief of Police Account Code:
Date Prepared: April 14, 2016 Budgeted Amount: $63,156.00
Exhibits: 2
Subject
Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for additional Law Enforcement
Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement No. W9126G-16-T-0089 and the U.S. Army
Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 20, 2016
through September 6, 2016 for a sum not to exceed$63,156.00.
Recommendation
Motion to approve, authorizing the Mayor to enter into a Cooperative agreement for additional Law Enforcement
Services, Between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-16-T-0089 and the U.S. Army
Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 20, 2016
through September 6, 2016 for a sum not to exceed$63,156.00.
Discussion
The U.S. Army Corps of Engineers has awarded the City of Wylie a $63,156.00 contract for extended law enforcement
services. The contract requires Officers to concentrate their patrols in the parks and properties deemed in the City of
Wylie Texas jurisdiction and to provide protection and enforce laws and ordinances.
The hourly rate of$103.88 charged by the City of Wylie covers all Officer and dispatch overtime wages, clerical duties
and vehicle and fuel usage.
(Rev 01/2014) Page 1 of 1
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 111
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24,AND 30 W45XMAILEFY6
2.CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION ISSUE DATE
W9126G-16-T-0089 31-Mar-2016
7.FOR SOLICITATION a.NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: GLORIA GONZALES 817-886-1082 12:00 PM 15 Apr 2016
9. ISSUED BY CODE W9126G 10.THIS ACQUISITION IS I I UNRESTRICTED OR I I SET ASIDE: %FOR:
US ARMY CORPS OF ENGINEERS FORT WORTH SMALL BUSINESS I WOMEN-OWNED SMALL I
819 TAYLOR ST, RM 2A17 LI BUSINESS(WOSB)
FORT WORTH TX 76102-0300 ECONOMICALLY DISADVANTAGED
HUBZONE SMALL NAICS:
BUSINESS WOMEN-OWNED SMALL BUSINESSLI 922120
(EDWOSB)
SERVICE-DISABLED
TEL: (817)886-1077 VETERAN-OWNED 08(A) SIZE STANDARD:
FAX: (817)886-6403 SMALL BUSINESS
11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING
TION UNLESS BLOCK IS fl 13a.THIS CONTRACT IS A
MARKED RATED ORDER UNDER
DPAS(15 CFR 700) 14. METHOD OF SOLICITATION
ri
SEE SCHEDULE I I RFQ I I IFB I I RFP
15. DELIVER TO CODE W9126G 16.ADMINISTERED BY CODE
OPERATIONS DIVISION
TIM GIBSON
USAED CESWF-OD
819 TAYLOR ST,RM 4J14
FORT WORTH TX 76102-0300
TEL:817-886-1571 FAX:8178861578
17a.CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE
OFFEROR CODE
TELEPHONE NO.
I 117b.CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.UNLESS BLOCK
I I SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
25.ACCOUNTING AND APPROPRIATION DATA 26.TOTAL AWARD AMOUNT(For Govt. Use Only)
❑27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3.52.212-5 ARE ATTACHED. ADDENDA RARE RARE NOT ATTACHED
❑27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA RARE RARE NOT ATTACHED
E28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29.AWARD OF CONTRACT:REF.
COPIES TO ISSUING OFFICE.CONTRACTOR AGREES TO FURNISH AND OFFER DATED . YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b.NAME AND TITLE OF SIGNER 30c.DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
(TYPE OR PRINT)
TEL:
EMAIL:
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)
r72EVIOUS EDITION IS NOT USABLE Prescribed by GSA-FAR(48 CFR)53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF 111
(CONTINUED)
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
32a.QUANTITY IN COLUMN 21 HAS BEEN
n I I
RECEIVED INSPECTED I (ACCEPTED,AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b.SIGNATURE OF AUTHORIZED GOVERNMENT 32c.DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33.SHIP NUMBER 34.VOUCHER NUMBER 35.AMOUNT VERIFIED 36.PAYMENT 37.CHECK NUMBER
CORRECT FOR
I II II
I PARTIAL FINAL COMPLETE PARTIAL FINAL
38.S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40. PAID BY I I I I I I
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a.RECEIVED BY (Print)
41b.SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b.RECEIVED AT(Location)
42c.DATE REC'D (YY/MM/DD) 42d.TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012) BACK
f72EVIOUS EDITION IS NOT USABLE Rescribed by GSA—FAR(48 CFR)53.212
Section B-Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Job
Funded Amt:
FY16 Law Enforcement NAICS CD: 922120
The Contractor shall provide all personnel,equipment,supplies,facilities, ,FSC CD: R499
transportation,tools,materials, supervision,and other items and non-personal
services necessary to perform increased law enforcement services as defined in this
Performance Work Statement except for those items specified as government
furnished property and services. The Contractor shall perform to the standards in
this contract.
Period of Performance: 20 May 2016 thru 6 Sep 2016
BID SCHEDULE
Bid Schedule
Lavon Lake City of Wylie PD Law Enforcement Contract
Period of Performance (18 April 2016 thru 6 Septemer 2016)
(Will conduct the orientation between 18 April 2016 thru 19 May 2016)
(Patrols run between 20 May 2016 thru 6 September 2016)
Description Hours U/M Rate Total
Labor Cost/Hour 608 EA
3
Vehicle Cost/Hour 608 EA
Orientation Cost EA
Total Contract
WAGE DETERMINATION
WD 15-2509 (Rev.-2) was first posted on www.wdol.gov on 01/05/2016
************************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER I U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT I EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor I WAGE AND HOUR DIVISION
WASHINGTON D.C. 20210
Wage Determination No.: 2015-2509
Daniel W. Simms Division of I Revision No.: 2
Director Wage Determinations' Date Of Revision: 12/29/2015
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for
calendar year 2016 applies to all contracts subject to the Service Contract
Act for which the solicitation was issued on or after January 1, 2015. If this
contract is covered by the E0, the contractor must pay all workers in any
classification listed on this wage determination at least $10.15 per hour (or
the applicable wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar year 2016. The EO
minimum wage rate will be adjusted annually. Additional information on
contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.
State: Texas
4
Area: Texas Counties of Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt,
Kaufman, Rockwall, Smith
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 14.36
01012 - Accounting Clerk II 16.13
01013 - Accounting Clerk III 18.03
01020 - Administrative Assistant 26.46
01035 - Court Reporter 17.29
01051 - Data Entry Operator I 13.20
01052 - Data Entry Operator II 14.41
01060 - Dispatcher, Motor Vehicle 21.36
01070 - Document Preparation Clerk 14.24
01090 - Duplicating Machine Operator 14.24
01111 - General Clerk I 11.32
01112 - General Clerk II 12.79
01113 - General Clerk III 15.78
01120 - Housing Referral Assistant 21.60
01141 - Messenger Courier 11.86
01191 - Order Clerk I 13.66
01192 - Order Clerk II 14.91
01261 - Personnel Assistant (Employment) I 16.75
01262 - Personnel Assistant (Employment) II 18.73
01263 - Personnel Assistant (Employment) III 20.88
01270 - Production Control Clerk 21.36
01290 - Rental Clerk 15.30
01300 - Scheduler, Maintenance 17.32
01311 - Secretary I 17.32
01312 - Secretary II 19.38
01313 - Secretary III 21.60
01320 - Service Order Dispatcher 17.47
01410 - Supply Technician 25.99
01420 - Survey Worker 17.29
5
01460 - Switchboard Operator/Receptionist 13.60
01531 - Travel Clerk I 13.07
01532 - Travel Clerk II 14.04
01533 - Travel Clerk III 15.06
01611 - Word Processor I 12.80
01612 - Word Processor II 15.30
01613 - Word Processor III 17.29
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 20.00
05010 - Automotive Electrician 23.04
05040 - Automotive Glass Installer 20.93
05070 - Automotive Worker 22.02
05110 - Mobile Equipment Servicer 18.52
05130 - Motor Equipment Metal Mechanic 22.16
05160 - Motor Equipment Metal Worker 20.93
05190 - Motor Vehicle Mechanic 22.99
05220 - Motor Vehicle Mechanic Helper 17.27
05250 - Motor Vehicle Upholstery Worker 19.82
05280 - Motor Vehicle Wrecker 20.93
05310 - Painter, Automotive 24.22
05340 - Radiator Repair Specialist 20.93
05370 - Tire Repairer 12.44
05400 - Transmission Repair Specialist 22.16
07000 - Food Preparation And Service Occupations
07010 - Baker 11.26
07041 - Cook I 10.33
07042 - Cook II 11.69
07070 - Dishwasher 8.38
07130 - Food Service Worker 9.61
07210 - Meat Cutter 13.34
07260 - Waiter/Waitress 9.03
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 15.32
09040 - Furniture Handler 10.24
09080 - Furniture Refinisher 15.32
6
09090 - Furniture Refinisher Helper 12.02
09110 - Furniture Repairer, Minor 13.78
09130 - Upholsterer 16.53
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 10.82
11060 - Elevator Operator 9.70
11090 - Gardener 13.58
11122 - Housekeeping Aide 9.70
11150 - Janitor 9.70
11210 - Laborer, Grounds Maintenance 10.39
11240 - Maid or Houseman 8.47
11260 - Pruner 11.58
11270 - Tractor Operator 12.58
11330 - Trail Maintenance Worker 11.07
11360 - Window Cleaner 11.12
12000 - Health Occupations
12010 - Ambulance Driver 15.87
12011 - Breath Alcohol Technician 19.80
12012 - Certified Occupational Therapist Assistant 28.62
12015 - Certified Physical Therapist Assistant 27.35
12020 - Dental Assistant 19.08
12025 - Dental Hygienist 36.14
12030 - EKG Technician 28.89
12035 - Electroneurodiagnostic Technologist 28.89
12040 - Emergency Medical Technician 15.87
12071 - Licensed Practical Nurse I 18.42
12072 - Licensed Practical Nurse II 20.60
12073 - Licensed Practical Nurse III 22.96
12100 - Medical Assistant 15.37
12130 - Medical Laboratory Technician 19.22
12160 - Medical Record Clerk 15.45
12190 - Medical Record Technician 17.26
12195 - Medical Transcriptionist 17.87
12210 - Nuclear Medicine Technologist 33.52
12221 - Nursing Assistant I 10.43
7
12222 - Nursing Assistant II 11.72
12223 - Nursing Assistant III 12.80
12224 - Nursing Assistant IV 14.36
12235 - Optical Dispenser 15.48
12236 - Optical Technician 13.78
12250 - Pharmacy Technician 15.18
12280 - Phlebotomist 14.36
12305 - Radiologic Technologist 25.82
12311 - Registered Nurse I 25.82
12312 - Registered Nurse II 31.58
12313 - Registered Nurse II, Specialist 31.58
12314 - Registered Nurse III 38.19
12315 - Registered Nurse III, Anesthetist 38.19
12316 - Registered Nurse IV 45.78
12317 - Scheduler (Drug and Alcohol Testing) 24.53
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 20.65
13012 - Exhibits Specialist II 25.58
13013 - Exhibits Specialist III 31.28
13041 - Illustrator I 24.95
13042 - Illustrator II 30.91
13043 - Illustrator III 36.18
13047 - Librarian 31.56
13050 - Library Aide/Clerk 14.33
13054 - Library Information Technology Systems 27.42
Administrator
13058 - Library Technician 16.29
13061 - Media Specialist I 19.78
13062 - Media Specialist II 22.13
13063 - Media Specialist III 24.67
13071 - Photographer I 16.50
13072 - Photographer II 18.46
13073 - Photographer III 22.87
13074 - Photographer IV 27.97
13075 - Photographer V 33.85
8
13110 - Video Teleconference Technician 21.59
14000 - Information Technology Occupations
14041 - Computer Operator I 15.91
14042 - Computer Operator II 17.80
14043 - Computer Operator III 20.78
14044 - Computer Operator IV 24.67
14045 - Computer Operator V 27.31
14071 - Computer Programmer I (see 1)
14072 - Computer Programmer II (see 1)
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 15.91
14160 - Personal Computer Support Technician 24.67
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 35.04
15020 - Aircrew Training Devices Instructor (Rated) 41.90
15030 - Air Crew Training Devices Instructor (Pilot) 46.09
15050 - Computer Based Training Specialist / Instructor 35.04
15060 - Educational Technologist 30.46
15070 - Flight Instructor (Pilot) 46.09
15080 - Graphic Artist 22.70
15090 - Technical Instructor 22.61
15095 - Technical Instructor/Course Developer 27.44
15110 - Test Proctor 18.16
15120 - Tutor 18.16
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 9.32
16030 - Counter Attendant 9.32
16040 - Dry Cleaner 11.86
16070 - Finisher, Flatwork, Machine 9.32
16090 - Presser, Hand 9.32
16110 - Presser, Machine, Drycleaning 9.32
9
16130 - Presser, Machine, Shirts 9.32
16160 - Presser, Machine, Wearing Apparel, Laundry 9.32
16190 - Sewing Machine Operator 12.50
16220 - Tailor 13.33
16250 - Washer, Machine 10.19
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 19.18
19040 - Tool And Die Maker 22.87
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 15.02
21030 - Material Coordinator 19.45
21040 - Material Expediter 19.45
21050 - Material Handling Laborer 12.80
21071 - Order Filler 13.57
21080 - Production Line Worker (Food Processing) 15.02
21110 - Shipping Packer 13.52
21130 - Shipping/Receiving Clerk 13.52
21140 - Store Worker I 11.85
21150 - Stock Clerk 15.94
21210 - Tools And Parts Attendant 15.02
21410 - Warehouse Specialist 15.02
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 30.47
23021 - Aircraft Mechanic I 29.07
23022 - Aircraft Mechanic II 30.47
23023 - Aircraft Mechanic III 31.89
23040 - Aircraft Mechanic Helper 19.71
23050 - Aircraft, Painter 25.93
23060 - Aircraft Servicer 22.61
23080 - Aircraft Worker 23.90
23110 - Appliance Mechanic 17.18
23120 - Bicycle Repairer 12.44
23125 - Cable Splicer 19.60
23130 - Carpenter, Maintenance 17.25
23140 - Carpet Layer 16.43
10
23160 - Electrician, Maintenance 20.94
23181 - Electronics Technician Maintenance I 25.82
23182 - Electronics Technician Maintenance II 27.21
23183 - Electronics Technician Maintenance III 29.34
23260 - Fabric Worker 16.68
23290 - Fire Alarm System Mechanic 19.04
23310 - Fire Extinguisher Repairer 15.48
23311 - Fuel Distribution System Mechanic 19.28
23312 - Fuel Distribution System Operator 16.29
23370 - General Maintenance Worker 17.70
23380 - Ground Support Equipment Mechanic 29.07
23381 - Ground Support Equipment Servicer 22.61
23382 - Ground Support Equipment Worker 23.90
23391 - Gunsmith I 15.48
23392 - Gunsmith II 17.79
23393 - Gunsmith III 19.76
23410 - Heating, Ventilation And Air-Conditioning 19.50
Mechanic
23411 - Heating, Ventilation And Air Contditioning 20.44
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 19.71
23440 - Heavy Equipment Operator 16.87
23460 - Instrument Mechanic 22.51
23465 - Laboratory/Shelter Mechanic 18.74
23470 - Laborer 12.10
23510 - Locksmith 18.99
23530 - Machinery Maintenance Mechanic 21.04
23550 - Machinist, Maintenance 17.89
23580 - Maintenance Trades Helper 13.22
23591 - Metrology Technician I 22.51
23592 - Metrology Technician II 23.59
23593 - Metrology Technician III 24.69
23640 - Millwright 22.28
23710 - Office Appliance Repairer 18.30
23760 - Painter, Maintenance 16.85
11
23790 - Pipefitter, Maintenance 22.46
23810 - Plumber, Maintenance 21.38
23820 - Pneudraulic Systems Mechanic 19.76
23850 - Rigger 21.28
23870 - Scale Mechanic 17.79
23890 - Sheet-Metal Worker, Maintenance 18.28
23910 - Small Engine Mechanic 17.03
23931 - Telecommunications Mechanic I 23.56
23932 - Telecommunications Mechanic II 24.66
23950 - Telephone Lineman 21.40
23960 - Welder, Combination, Maintenance 17.75
23965 - Well Driller 20.07
23970 - Woodcraft Worker 19.71
23980 - Woodworker 14.17
24000 - Personal Needs Occupations
24570 - Child Care Attendant 10.73
24580 - Child Care Center Clerk 13.39
24610 - Chore Aide 8.60
24620 - Family Readiness And Support Services 13.70
Coordinator
24630 - Homemaker 17.11
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 22.92
25040 - Sewage Plant Operator 17.52
25070 - Stationary Engineer 22.92
25190 - Ventilation Equipment Tender 15.57
25210 - Water Treatment Plant Operator 17.52
27000 - Protective Service Occupations
27004 - Alarm Monitor 17.51
27007 - Baggage Inspector 14.10
27008 - Corrections Officer 18.17
27010 - Court Security Officer 23.50
27030 - Detection Dog Handler 16.92
27040 - Detention Officer 19.99
27070 - Firefighter 22.87
12
27101 - Guard I 14.10
27102 - Guard II 16.92
27131 - Police Officer I 27.08
27132 - Police Officer II 30.10
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 12.31
28042 - Carnival Equipment Repairer 13.07
28043 - Carnival Worker 9.50
28210 - Gate Attendant/Gate Tender 14.18
28310 - Lifeguard 11.19
28350 - Park Attendant (Aide) 15.86
28510 - Recreation Aide/Health Facility Attendant 11.57
28515 - Recreation Specialist 18.00
28630 - Sports Official 12.63
28690 - Swimming Pool Operator 21.99
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 18.83
29020 - Hatch Tender 18.83
29030 - Line Handler 18.83
29041 - Stevedore I 16.91
29042 - Stevedore II 18.79
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.81
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.07
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.72
30021 - Archeological Technician I 19.29
30022 - Archeological Technician II 22.30
30023 - Archeological Technician III 27.75
30030 - Cartographic Technician 27.75
30040 - Civil Engineering Technician 23.51
30061 - Drafter/CAD Operator I 20.07
30062 - Drafter/CAD Operator II 22.40
30063 - Drafter/CAD Operator III 24.97
30064 - Drafter/CAD Operator IV 30.73
30081 - Engineering Technician I 17.56
13
30082 - Engineering Technician II 19.70
30083 - Engineering Technician III 22.03
30084 - Engineering Technician IV 27.30
30085 - Engineering Technician V 33.40
30086 - Engineering Technician VI 40.41
30090 - Environmental Technician 24.73
30210 - Laboratory Technician 22.28
30240 - Mathematical Technician 27.75
30361 - Paralegal/Legal Assistant I 18.92
30362 - Paralegal/Legal Assistant II 23.44
30363 - Paralegal/Legal Assistant III 28.67
30364 - Paralegal/Legal Assistant IV 34.70
30390 - Photo-Optics Technician 27.75
30461 - Technical Writer I 25.09
30462 - Technical Writer II 30.68
30463 - Technical Writer III 37.13
30491 - Unexploded Ordnance (UXO) Technician I 24.03
30492 - Unexploded Ordnance (UXO) Technician II 29.08
30493 - Unexploded Ordnance (UXO) Technician III 34.85
30494 - Unexploded (UXO) Safety Escort 24.03
30495 - Unexploded (UXO) Sweep Personnel 24.03
30620 - Weather Observer, Combined Upper Air Or (see 2) 24.97
Surface Programs
30621 - Weather Observer, Senior (see 2) 25.23
31000 - Transportation/Mobile Equipment Operation Occupations
31020 - Bus Aide 10.18
31030 - Bus Driver 14.88
31043 - Driver Courier 16.55
31260 - Parking and Lot Attendant 8.87
31290 - Shuttle Bus Driver 18.09
31310 - Taxi Driver 9.76
31361 - Truckdriver, Light 18.09
31362 - Truckdriver, Medium 19.69
31363 - Truckdriver, Heavy 21.04
31364 - Truckdriver, Tractor-Trailer 21.04
14
99000 - Miscellaneous Occupations
99030 - Cashier 9.76
99050 - Desk Clerk 9.75
99095 - Embalmer 22.34
99251 - Laboratory Animal Caretaker I 10.86
99252 - Laboratory Animal Caretaker II 11.87
99310 - Mortician 22.94
99410 - Pest Controller 18.98
99510 - Photofinishing Worker 14.89
99710 - Recycling Laborer 15.88
99711 - Recycling Specialist 19.54
99730 - Refuse Collector 14.05
99810 - Sales Clerk 13.65
99820 - School Crossing Guard 9.97
99830 - Survey Party Chief 23.31
99831 - Surveying Aide 13.96
99832 - Surveying Technician 17.89
99840 - Vending Machine Attendant 14.09
99841 - Vending Machine Repairer 17.03
99842 - Vending Machine Repairer Helper 14.05
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 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)
15
HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther
King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does
not apply to any employee who individually qualifies as a bona fide executive,
administrative, or professional employee as defined in 29 C.F.R. Part 541. Because
most Computer System Analysts and Computer Programmers who are compensated at a rate
not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per
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
16
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance, explosives, and incendiary materials. This includes work such as
screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,
and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization,
modification, renovation, demolition, and maintenance operations on sensitive
ordnance, explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordnance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
17
employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving, unloading, storage, and hauling of ordnance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of "wash and wear"
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
18
"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1),
dated September 2015, unless otherwise indicated.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
Standard Form 1444 (SF-1444)
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination. Such
conformed classes of employees shall be paid the monetary wages and furnished the
fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming
procedures shall be initiated by the contractor prior to the performance of contract
work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage
and Hour Division shall make a final determination of conformed classification, wage
rate, and/or fringe benefits which shall be retroactive to the commencement date of
the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations
are included in a contract, a separate SF-1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
the proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
19
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the Wage
and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of
Occupations" (the Directory) should be used to compare job definitions to ensure
that duties requested are not performed by a classification already listed in the
wage determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination.
20
Section C-Descriptions and Specifications
PWS
PERFORMANCE WORK STATEMENT (PWS)
Increased Law Enforcement Services, Wylie Texas
Lavon Lake
2016
1. GENERAL: This is a non-personal services contract to provide increased law
enforcement services at Lavon Lake. The Government shall not exercise any
supervision or control over the contract service providers performing the services
herein. Such contract service providers shall be accountable solely to the Contractor
who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The Contractor shall provide all personnel,
equipment, supplies, facilities, transportation, tools, materials, supervision, and other
items and non-personal services necessary to perform increased law enforcement
services as defined in this Performance Work Statement (PWS) except for those
items specified as government furnished property and services. The Contractor
shall perform to the standards in this contract.
1.2. Scope: Wylie Police Department (Contractor) agrees to provide a specific level
of increased law enforcement services for that part of Lavon Lake lying within the
City of Wylie's jurisdiction for the purpose of enforcement of State and local criminal
and civil laws. Services include vehicular patrol by the contractor of the interior
roads of East Fork, Avalon, Lavonia, Mallard, Little Ridge, Pebble Beach Parks,
Stilling Basin, Dam, and Lavon Headquarters. The contractor shall accomplish
enforcement of state and local laws, warnings for Title 36 violations, monitoring of
visitor use to increase public safety, and assisting Corps of Engineers rangers with
their visitor assistance duties if requested. When requested by the Corps of
Engineers representative, the Police Department agrees to dispatch an officer or
officers, within his manpower capabilities, to unforeseen or emergency situations.
This assistance will be considered non-reimbursable.
21
1.3 Period of Performance: Contractor shall provide described services on certain
days of the week from 20 May through 6 September, 2016, for a total of 608 patrol
hours, further specified in Appendices A & B to this PWS. Effective start date is 18
April 2016 or after the contractor has been notified by the Contracting Officer,
Fort Worth District, that the contract has been executed, whichever is later.
The 18 April 2016 contract award allows for time to coordinate and execute the
orientation before the patrols begin on 20 May 2016. Patrols will be conducted
based on the attached schedule (See Appendices A and B).
1.4 General Information
1.4.1 Quality Control (Not applicable)
1.4.2 Quality Assurance: The Contractor will prepare a Daily Enforcement Action
Summary (DEAS) in accordance with the attached format (Appendix C) or format
accepted by the QA POC. In addition, the Contractor will prepare a Daily Patrol
Log to include but not be limited to, start time of shift, end time of shift, time
in/time out of locations or action area, location and description of activities and
actions, written in a format currently used by the agency. The DEAS and Daily
Report logs will be completed daily and submitted at the close of each month to
the Corps of Engineers Quality Assurance Point of Contact (QA POC) listed in
paragraph 1.4.11 of this plan. Any arrest or serious incident report should be
forwarded to the Lavon Lake Office upon completion of the initial report. The
Government shall evaluate the contractor's performance under this contract in
accordance with the Quality Assurance Surveillance Plan. This plan is primarily
focused on what the Government must do to ensure that the contractor has
performed in accordance with the performance standards. It defines how the
performance standards will be applied.
1.4.3 Government Holidays: Contractor will be required to perform services on
those Federal holidays falling during the contract period, namely, Memorial Day,
Independence Day and Labor Day (see Appendices A and B).
1.4.4 Hours of Operation: (Not applicable)
1.4.5 Place of Performance: The work to be performed under this contract will be
performed at Corps administered lands in Wylie Police Department's jurisdiction
as specified in Para. 1.2. State and local law enforcement agencies generally
22
have the same authority and responsibilities on Corps administered lands as they
do elsewhere in their respective jurisdictions. Because of this, requests by the
Lake Manager or his authorized representatives for emergency or unanticipated
law enforcement assistance will be considered non-reimbursable. (E.g. officers
responding to a call on government property after the scheduled patrol hours, or
officers working a call on government property and which requires them to stay
past the scheduled patrol time, etc).
1.4.6 Type of Contract: The government will award a firm fixed price contract.
1.4.7 Security Requirements: (Not applicable) This contract does not require
Contractor personnel to have access to or enter secured government facilities
such as dam outlet structures, powerhouses, etc. Contractor personnel shall
follow locally-established security policies and procedures such as key control
and security of lock combinations.
1.4.7.1 Key Control: Government keys provided to the contractor will be
issued and controlled in accordance with IAW AR 190-51. The Contractor
shall establish and implement methods of making sure all keys/key cards
issued to the Contractor by the Government are not lost or misplaced and
are not used by unauthorized persons. No keys issued to the Contractor
by the Government shall be duplicated. The Contractor shall develop
procedures covering key control that shall be provided in writing to the
Corps Lake Security Officer. Such procedures shall include turn-in of any
issued keys by personnel who no longer require access to locked areas.
The Contractor shall immediately report any occurrences of lost or
duplicate keys/key cards to the Contracting Officer.
(a) The Contractor shall prohibit the use of Government issued
keys/key cards by any persons other than the Contractor and
team member. The Contractor shall prohibit the opening of
locked areas by persons other than the Contractor and team
member.
1.4.8 Special Qualifications: All Contractor personnel shall be currently certified
and licensed Texas Peace Officers in accordance with the requirements of the
Texas Commission on Law Enforcement (TCOLE). TCOLE standards meet or
exceed E-verify and background check requirements established by the
Department of Homeland Security. The Contractor will provide, in advance, the
Corps representative designated in paragraph 1.4.11 the name of each Deputy
who will be performing scheduled work under this contract.
23
1.4.9 Post Award Conference/Periodic Progress Meetings: The Contractor
agrees to attend any post award conference convened by the contracting activity
or contract administration office in accordance with Federal Acquisition
Regulation Subpart 42.5. The Contracting Officer, Contracting Officers
Representative (COR), and other Government personnel, as appropriate, may
meet periodically with the contractor to review the contractor's performance. At
these meetings the Contracting Officer will apprise the contractor of how the
Government views the contractor's performance and the contractor will apprise
the Government of problems, if any, being experienced. Appropriate action shall
be taken to resolve outstanding issues. These meetings shall be at no additional
cost to the Government.
1.4.10 Contracting Officer Representative (COR): A COR will not be appointed
for this contract. Quality Assurance duties will be performed by the QA POC
designated in Paragraph 1.4.11.
1.4.11 Key Personnel: The following personnel are considered key personnel by
the Government, and will serve as the Corps QA POC: Michael K. Kinard, Lake
Manager, Lavon Lake; Alternate: Curry Murphy, Park Ranger, Lavon Lake.
The contractor shall provide a contract manager who shall be responsible for the
performance of the work. The name of this person and an alternate who shall act
for the contractor when the manager is absent shall be designated in writing to
the Contracting Officer. The contract manager or alternate shall have full
authority to act for the contractor on all contract matters relating to daily operation
of this contract.
1.4.12 Identification of Contractor Employees: All officers performing services
under this contract shall wear standard uniforms and personal identification
normally worn and carried by the law enforcement agency. All patrol vehicles
shall have standard insignia and markings normally used by the law enforcement
agency.
1.4.13 Contractor Travel: (Not applicable):
1.4.14 Data Rights: (Not applicable)
24
1.4.15 Organizational Conflict of Interest: (Not applicable)
1.5. GOVERNMENT FURNISHED ITEMS AND SERVICES: (Not applicable)
1.6 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
1.6.1 General: The Contractor shall furnish all manpower, vehicles, supplies,
equipment, facilities and services required to perform work under this contract.
1.6.2 Equipment: The Contractor shall provide all patrol vehicles and equipment
required to perform services under this contract. All such vehicles shall have
standard insignia and markings normally used by the law enforcement agency.
Patrol vehicles shall also be equipped with standard law enforcement type lights,
radios, and any other standard equipment necessary to perform the required
services. The Contractor shall be responsible for all vehicle costs, including
insurance, fuel, service and maintenance, and any other costs associated with
the operation of each vehicle.
1.6.3. Materials: (Not applicable).
1.7 CONTRACTOR MANAGEMENT REPORTING (CMR) (Not applicable)
1.8 APPLICABLE PUBLICATIONS (CURRENT EDITIONS) (Not applicable)
25
1.9.1 Attachment 1/Technical Exhibit 1 — Performance Requirements Summary
1.9.2 Attachment 2/Technical Exhibit 2 — Deliverables Schedule
1.9.3 Appendix A— Patrol Schedule
1.9.4 Appendix B — Hours by Month
1.9.5 Appendix C — Daily Enforcement Action Summaries
1.9.6 Appendix D — Law Enforcement Park Log
2.0 MISCELLANEOUS PROVISIONS:
2.1 Orientation: An appropriate orientation for all participating contract personnel
will be conducted by the Corps of Engineers staff to familiarize the Contractor with
the policies and procedures of the Corps, and to familiarize Corps personnel with
the functions and duties of the contracted law enforcement agency.
26
TECHNICAL EXHIBIT 1
Performance Requirements Summary
The contractor service requirements are summarized into performance objectives that
relate directly to mission essential items. The performance threshold briefly describes
the minimum acceptable levels of service required for each requirement. These
thresholds are critical to mission success.
Performance Performance Threshold Method of
Objective Standard Surveillance
The contractor shall The contractor All required shifts were covered Contractor's Daily
and the specified contract
provide additional provides visible Enforcement Action
services were performed.
patrolling presence and verifiable Contractor coordinated in Summaries turned in
and discretionary law presence and advance with Corps key by Contractor will be
enforcement actions actions in the personnel in the event of an examined by QA POC
in specified areas to designated areas unforeseen event which to ensure accuracy
help keep the peace at the specified prevented an officer from serving prior to authorizing
all or part of a shift, which would
and increase public days and times. not be billable to the Government. payment.
safety in parks and
other designated
Corps areas.
27
TECHNICAL EXHIBIT 2
DELIVERABLES SCHEDULE
Number of Medium /
Deliverable Frequency Copies Format Submit To
Contract Once within 5 One copy Hard copy, US Army Corps of
manager and days of FAX, or Engineers
alternate contract award email
designated in Attn: Michael Kinard
writing 3375 Skyview Drive
Wylie, Texas 75098
Invoice for Submitted to One copy of Hard copy, US Army Corps of
contract Corps by the the invoice, FAX, or Engineers
services 5th of every submitted to email
performed; month, listing the Corps QA Attn: Michael Kinard
includes billing contract POC 3375 Skyview Drive
start/end dates, services
hours worked, performed Wylie, Texas 75098
total charges. during the
previous
calendar
month.
Daily To Corps with One copy Hard copy, US Army Corps of
Enforcement monthly FAX, or Engineers
28
Action invoice email Attn: Michael Kinard
Summaries
3375 Skyview Drive
Wylie, Texas 75098
PERFORMANCE WORK STATEMENT
APPENDIX A
PATROL SCHEDULE
2016
29
30
MAY 2016
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
Total Hours = 84
8 9 10 11 12 13 14
15 16 17 18 19 20 21
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
22 23 24 25 26 27 28
1500-1900=4hrs 1500-1900=4hrs 1100-1500=4hrs
1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs 1900-2300=4hrs
31
1900-2300=4hrs
29 30 31
1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs
1500-1900=4hrs 1500-1900=4hrs
1900-2300=4hrs 1900-2300=4hrs
1900-2300=4hrs 1900-2300=4hrs
JUNE 2016
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Total Hours = 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
136
1500-1900=4hrs
1900-2300=4hrs
32
5 6 7 8 9 10 11
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
12 13 14 15 16 17 18
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
19 20 21 22 23 24 25
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
33
26 27 28 29 30
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs
1900-2300=4hrs
JULY 2016
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
1500-1900=4hrs 1100-1500=4hrs
Total Hours 1900-2300=4hrs 1500-1900=4hrs
=188
1900-2300=4hrs 1900-2300=4hrs
1900-2300=4hrs
3 4 5 6 7 8 9
1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
34
1500-1900=4hrs 1500-1900=4hrs 1500-1900=4hrs
1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs
1900-2300=4hrs
1900-2300=4hrs
10 11 12 13 14 15 16
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
17 18 19 20 21 22 23
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
24 25 26 27 28 29 30
1500-1900=4hrs
1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
31 1500-1900=4hrs
1500-1900=4hrs 1900-2300=4hrs
35
1900-2300=4hrs
AUGUST 2016
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
Total Hours 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
=132
1500-1900=4hrs
1900-2300=4hrs
7 8 9 10 11 12 13
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
36
14 15 16 17 18 19 20
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
21 22 23 24 25 26 27
1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs
28 29 30 31
1500-1900=4hrs 1900-2300=4hrs
1900-2300=4hrs
37
SEPTEMBER 2016
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
Total Hours = 68 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs
1900-2300=4hrs 1500-1900=4hrs
1900-2300=4hrs 1900-2300=4hrs
1900-2300=4hrs
4 5 6 7 8 9 10
1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs
1500-1900=4hrs 1500-1900=4hrs
1900-2300=4hrs 1900-2300=4hrs
1900-2300=4hrs 1900-2300=4hrs
38
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
39
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PERFORMANCE WORK STATEMENT
APPENDIX B
HOURS BY MONTH
2016
May: 21 shifts X 4 hours = 84 hours
(Includes Memorial Day)
June: 34 shifts X 4 hours = 136 hours
July: 47 shifts X 4 hours = 188 hours
(Includes Independence Day)
August: 33 shifts X 4 hours = 132 hours
September: 17 shifts X 4 hours = 68 hours
(Includes Labor Day)
Total = 608 Hours
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APPENDIX C DAILY ENFORCEMENT ACTION SUMMARY
OPERATING AGENCY: Wylie Police Department
OFFICERS NAME: DATE:
TIME STARTED: TIME ENDED: TOTAL HOURS:
ABBREVIATIONS: A=Arrest C=Citation W=Written Warning V=Verbal Warning
OFFENCE Action NOTES
TITLE ACWV Include the name of the park where offense occurred
Vehicle Offense
Parking
Speeding
Reckless
State Req.
DWI
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Other
Total
Conduct Offense
Loud/Unruly
Pubic Intox
Cont Subst.
Minor Poss.
Theft
Vandal
Litter
Weapons
Assault
Other
Total
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TOTALS
*** For all arrests and evictions include details on back ***
Officer Number: Date: Signature:
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Section E-Inspection and Acceptance
QASP
QUALITY ASSURANCE SURVEILLANCE PLAN
Increased Law Enforcement Contract, Wylie, TX
1. Overview: This contract establishes a specific increased level of law enforcement
services to be provided by Wylie Police Department to the US Army Corps of
Engineers at Lavon Lake. This is a sole-source contract, since the Wylie Police
Department is the only agency with the requisite authority and responsibility to
provide these services.
2. Definition of Services: Increased services are defined in the contract's
Performance Work Statement (PWS) as the contractor's provision of a dedicated
officer and vehicle to each patrol to enforce applicable state and local laws in
accordance with their agency policy, procedures, and interpretations. Services will
be performed in accordance with the schedule contained in the PWS. Contracted
services are to supplement the year-round duties and activities which the contractor
is responsible to perform even absent the contract.
3. Surveillance of Services: Officers providing service under this contract are
required to complete and submit a Daily Enforcement Action Summary and Daily
Patrol Log documenting their activities performed during their work shifts, and to turn
the logs into their supervisor at the end of each shift. The completed daily
enforcement action summary logs will then be submitted to the Lake Manager by the
fifth day after the end of the month of service. For arrests and serious violations, the
Corps requests a copy of the police report once the initial report is complete for their
reporting requirements.
4. Surveillance Documentation:
a. The contractor shall provide a request for payment each month for
reimbursable services performed. The request for payment shall include the number
of man-hours worked during the billing period (which must correspond with the Daily
Enforcement Action Logs) and the total monthly expenses. The Quality Assurance
Point of Contact (QA POC) will examine logs to ensure accuracy prior to authorizing
payment.
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b. The QA POC will document verification of the contractor's performance
monthly for verification to the Contracting Officer. These reports will become part of
the formal QA documentation. The QA POC will maintain a complete QA file,
containing copies of all evaluations and related documentation. The QA POC will
forward these records to the Contracting Officer at completion of the contract.
c. The services provided by the contractor are subject to inspection by the QA
POC to ensure adherence to the terms of the PWS. If the contractor fails to provide
the services as specified, the Government reserves the right to terminate the
contract.
CLAUSES INCORPORATED BY REFERENCE
52.246-1 Contractor Inspection Requirements APR 1984
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Section F-Deliveries or Performance
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order AUG 1989
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Section G-Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012
Reports
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Section I-Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.222-99 ESTABLISHING a Minimum Wage for Contractors. (DEV) JUL 2014
(DEVIATION)
CLAUSES INCORPORATED BY FULL TEXT
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
(a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in
the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.4712 by section 828 of
the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239)and FAR 3.908.
(b)The Contractor shall inform its employees in writing,in the predominant language of the workforce,of employee
whistleblower rights and protections under 41 U.S.C.4712,as described in section 3.908 of the Federal Acquisition
Regulation.
(c)The Contractor shall insert the substance of this clause,including this paragraph(c),in all subcontracts over the
simplified acquisition threshold.
(End of clause)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL(JAN 2011)
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(a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that
implement Homeland Security Presidential Directive-12(HSPD-12),Office of Management and Budget(OMB)
guidance M-05-24,and Federal Information Processing Standards Publication(FIPS PUB)Number 201.
(b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor
employees in connection with performance under this contract. The Contractor shall return such identification to the
issuing agency at the earliest of any of the following,unless otherwise determined by the Government:
(1)When no longer needed for contract performance.
(2)Upon completion of the Contractor employee's employment.
(3)Upon contract completion or termination.
(c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these
requirements.
(d)The Contractor shall insert the substance of this clause,including this paragraph(d),in all subcontracts when the
subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or
routine access to a Federally-controlled information system.It shall be the responsibility of the prime Contractor to
return such identification to the issuing agency in accordance with the terms set forth in paragraph(b)of this
section,unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL(JAN 2011)
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(a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that
implement Homeland Security Presidential Directive-12(HSPD-12),Office of Management and Budget(OMB)
guidance M-05-24,and Federal Information Processing Standards Publication(FIPS PUB)Number 201.
(b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor
employees in connection with performance under this contract. The Contractor shall return such identification to the
issuing agency at the earliest of any of the following,unless otherwise determined by the Government:
(1)When no longer needed for contract performance.
(2)Upon completion of the Contractor employee's employment.
(3)Upon contract completion or termination.
(c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these
requirements.
(d)The Contractor shall insert the substance of this clause,including this paragraph(d),in all subcontracts when the
subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or
routine access to a Federally-controlled information system.It shall be the responsibility of the prime Contractor to
return such identification to the issuing agency in accordance with the terms set forth in paragraph(b)of this
section,unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2015)
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(a) Definitions.As used in this clause:
Executive means officers,managing partners,or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies
or services(including construction)for performance of a prime contract.It
does not include the Contractor's supplier agreements with vendors,such as long-term arrangements
for materials or supplies that benefit multiple contracts and/or the costs of which are normally
applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or
the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during
the Contractor's preceding fiscal year and includes the following(for more information see 17 CFR
229.402(c)(2)):
(1)Salary and bonus.
(2)Awards of stock, stock options,and stock appreciation rights.Use the dollar amount recognized
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Financial Accounting Standards Board's Accounting Standards Codification(FASB ASC)718,Compensation-Stock
Compensation.
(3)Earnings for services under non-equity incentive plans.This does not include group life,health,hospitalization
or medical reimbursement plans that do not discriminate in favor of executives,
and are available generally to all salaried employees.
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(4)Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
(5)Above-market earnings on deferred compensation which is not tax-qualified.
(6)Other compensation,if the aggregate value of all such other compensation(e.g., severance,termination
payments,value of life insurance paid on behalf of the employee,perquisites or property)
for the executive exceeds$10,000.
(b) Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub. L. 109-282),as
amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub.L.
110-252),requires the Contractor to report information on subcontract awards. The law requires all reported
information be made public,therefore,the Contractor is responsible for notifying its subcontractors that the required
information will be made public.
(c)Nothing in this clause requires the disclosure of classified information.
(d)(1)Executive compensation of the prime contractor.As a part of its annual registration
requirement in the System for Award Management(SAM)database(FAR provision 52.204-7),the
Contractor shall report the names and total compensation of each of the five most highly
compensated executives for its preceding completed fiscal year,if—
(i)In the Contractor's preceding fiscal year,the Contractor received
(A)80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,grants(and
subgrants),cooperative agreements,and other forms of Federal financial
assistance; and
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(B)$25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts), loans,grants(and
subgrants), cooperative agreements,and other forms of Federal financial
assistance; and
(ii)The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).
(2)First-tier subcontract information.Unless otherwise directed by the contracting officer,or as
provided in paragraph(g)of this clause,by the end of the month following the month of award
of a first-tier subcontract with a value of$30,000 or more,the Contractor shall report the following information at
http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall
follow the instructions at http://www.fsrs.gov to report the data.)
(i)Unique identifier(DUNS Number)for the subcontractor receiving the award and for the subcontractor's parent
company,if the subcontractor has a parent company.
(ii)Name of the subcontractor.
(iii)Amount of the subcontract award.
(iv)Date of the subcontract award.
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(v)A description of the products or services(including construction)being provided under the subcontract,
including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number(the subcontract number assigned by the Contractor).
(vii)Subcontractor's physical address including street address,city, state,and country.Also
include the nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address,city, state,and
country.Also include the nine-digit zip code and congressional district.
(ix)The prime contract number, and order number if applicable.
(x)Awarding agency name and code.
(xi)Funding agency name and code.
(xii)Government contracting office code.
(xiii)Treasury account symbol(TAS)as reported in FPDS.
(xiv)The applicable North American Industry Classification System code(NAICS).
(3)Executive compensation of the first-tier subcontractor.
Unless otherwise directed by the Contracting Officer,by the end of the month following the month
of award of a first-tier subcontract with a value of$30,000 or more, and annually thereafter(calculated
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from the prime contract award date),the Contractor shall report the names and total compensation of each of the five
most highly compensated executives for that first-tier subcontractor for the
first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—
(i) In the subcontractor's preceding fiscal year,the subcontractor received—
(A)80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),
loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial
assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts),loans,grants(and
subgrants), cooperative agreements,and other forms of Federal financial
assistance; and
(ii)The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15
U.S.C. 78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security and Exchange Commission
total compensation filings at http://www.sec.gov/answers/cxecomp.htm.)
(e)The Contractor shall not split or break down first-tier subcontract awards to a value less than$30,000 to avoid
the reporting requirements in paragraph(d)of this clause.
(f)The Contractor is required to report information on a first-tier subcontract covered by
paragraph(d)when the subcontract is awarded. Continued reporting on the same subcontract is
not required unless one of the reported data elements changes during the performance of the
subcontract. The Contractor is not required to make further reports after the first-tier subcontract
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expires.
(g)(1)If the Contractor in the previous tax year had gross income, from all sources,under
$300,000,the Contractor is exempt from the requirement to report subcontractor awards.
(2)If a subcontractor in the previous tax year had gross income from all sources under$300,000,
the Contractor does not need to report awards for that subcontractor.
(h)The FSRS database at http://www.fsrs.gov will be prepopulated with some information from
SAM and FPDS databases. If FPDS information is incorrect,the contractor should notify the
contracting officer. If the SAM database information is incorrect,the contractor is responsible for correcting this
information.
(End of clause)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING(JUL 2015)
(a)Definition.As used in this provision--
Commercial and Government Entity(CAGE)code means
(1)An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics
Agency(DLA)Contractor and Government Entity(CAGE)Branch to identify a commercial or Government entity;
or
(2)An identifier assigned by a member of the North Atlantic treaty Organization(NATO)or by the NATO Support
Agency(NSPA)to entities located outside the United States and its outlying areas that the DLA Contractor and
Government Entity(CAGE)Branch records and maintains in the CAGE master file. This type of code is known as
an NCAGE code.
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(b)The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently
in its proposal. The CAGE code entered must be for that name and address.Enter"CAGE"before the number. The
CAGE code is required prior to award.
(c)CAGE codes may be obtained via--
(1)Registration in the System for Award Management(SAM)at www.sam.gov. If the Offeror is located in the
United States or its outlying areas and does not already have a CAGE code assigned,the DLA Contractor and
Government Entity(CAGE)Branch will assign a CAGE code as a part of the SAM registration process. SAM
registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in
SAM(see paragraph(c)(3)of this provision).
(2)The DLA Contractor and Government Entity(CAGE)Branch.If registration in SAM is not required for the
subject procurement,and the offeror does not otherwise register in SAM,an offeror located in the United States or
its outlying areas may request that a CAGE code be assigned by submitting a request at
http://www.dlis.dla.mil/cage welcome.asp.
(3)The appropriate country codification bureau.Entities located outside the United States and its outlying areas may
obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a
member of NATO or a sponsored nation.NCAGE codes may be obtained from the NSPA if the foreign
entity's country is not a member of NATO or a sponsored nation.Points of contact for codification bureaus and
NSPA, as well as additional information on obtaining NCAGE codes,are available at
http://www.dlis.dla.mil/nato/ObtainCAGE.asp.
(d)Additional guidance for establishing and maintaining CAGE codes is available at
http://www.dlis.dla.mil/cage welcome.asp.
(e)When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or
52.212-3(p),the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the
Government.
(f)Do not delay submission of the offer pending receipt of a CAGE code.
(End of Provision)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE(JUL 2015)
(a)Definition.As used in this clause--
Commercial and Government Entity(CAGE)code means--
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(1)An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics
Agency(DLA)Contractor and Government Entity(CAGE)Branch to identify a commercial or government entity,
or
(2)An identifier assigned by a member of the North Atlantic Treaty Organization(NATO)or by the NATO Support
Agency(NSPA)to entities located outside the United States and its outlying areas that the DLA Contractor and
Government Entity(CAGE)Branch records and maintains in the CAGE master file. This type of code is known as
an NCAGE code.
(b)Contractors shall ensure that the CAGE code is maintained throughout the life of the contract.For contractors
registered in the System for Award Management(SAM),the DLA Contractor and Government Entity(CAGE)
Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those
changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall
notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the
CAGE code to the contracting officer within 30 days after the change, so that a modification can be
issued to update the CAGE code on the contract.
(c)Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written
change requests to the DLA Contractor and Government Entity(CAGE)Branch. Requests for changes shall be
provided on a DD Form 2051,Request for Assignment of a Commercial and Government Entity(CAGE)Code,to
the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from
the entity identified by the code.
(d)Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact
the appropriate National Codification Bureau or NSPA to request CAGE changes.Points of contact for National
Codification Bureaus and NSPA,as well as additional information on obtaining NCAGE codes,are available at
http://www.dlis.dla.mil/nato/ObtainCAGE.asp(e)Additional guidance for maintaining CAGE codes is available at
http://www.dlis.dla.mil/cage welcome.asp.
(End of Clause)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(OCT 2015)
(a)Definition. Commercially available off-the-shelf(COTS)item,as used in this clause--
(1)Means any item of supply(including construction material)that is--
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(i)A commercial item(as defined in paragraph(1)of the definition in FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form
in which it is sold in the commercial marketplace; and
(2)Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum
products.
(b)The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract
for a commercially available off-the-shelf item,the Contractor shall not enter into any subcontract, in excess of
$35,000 with a Contractor that is debarred,suspended,or proposed for debarment by any executive agency unless
there is a compelling reason to do so.
(c)The Contractor shall require each proposed subcontractor whose subcontract will exceed$35,000,other than a
subcontractor providing a commercially available off-the-shelf item,to disclose to the Contractor,in writing,
whether as of the time of award of the subcontract,the subcontractor,or its principals,is or is not debarred,
suspended,or proposed for debarment by the Federal Government.
(d)A corporate officer or a designee of the Contractor shall notify the Contracting Officer,in writing,before
entering into a subcontract with a party(other than a subcontractor providing a commercially available off-the-shelf
item)that is debarred, suspended,or proposed for debarment(see FAR 9.404 for information
on the System for Award Management(SAM)Exclusions).The notice must include the following:
(1)The name of the subcontractor.
(2)The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
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(3)The compelling reason(s)for doing business with the subcontractor notwithstanding its being listed with an
exclusion in SAM.
(4)The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's
interests when dealing with such subcontractor in view of the specific basis for the party's debarment,suspension,or
proposed debarment.
(e) Subcontracts.Unless this is a contract for the acquisition of commercial items,the Contractor shall include the
requirements of this clause,including this paragraph(e)(appropriately modified for the identification of the parties),
in each subcontract that--
(1)Exceeds$35,000 in value;and
(2)Is not a subcontract for commercially available off-the-
shelf items.
(End of clause)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a)Definitions.As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic
corporation under 6 U.S.C. 395(b),applied in accordance with the rules and definitions of
6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1)Directly by a parent corporation; or
(2)Through another subsidiary of a parent corporation.
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(b)If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic
corporation at any time during the period of performance of this contract,the Government may be prohibited from
paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or
subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in
accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c)Exceptions to this prohibition are located at 9.108-2.
(d)In the event the Contractor becomes either an inverted domestic corporation,or a subsidiary of an inverted
domestic corporation during contract performance,the Contractor shall give written notice to the Contracting
Officer within five business days from the date of the inversion event.
(End of clause)
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS(MAY 2015)
(a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the
requirements of this contract.The Government reserves the right to inspect or test any supplies or services that have
been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or
reperformance of nonconforming services at no increase in contract price.If repair/replacement or reperformance
will not correct the defects or is not possible,the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-
acceptance rights(1)within a reasonable time after the defect was discovered or should have been discovered;and
(2)before any substantial change occurs in the condition of the item,unless the change is due to the defect in the
item.
(b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
performance of this contract to a bank,trust company,or other financing institution, including any Federal lending
agency in accordance with the Assignment of Claims Act(31 U.S.C. 3727). However,when a third party makes
payment(e.g.,use of the Governmentwide commercial purchase card),the Contractor may not assign its rights to
receive payment under this contract.
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(c)Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.
(d)Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes",as amended(41 U.S.C. 601-613).
Failure of the parties to this contract to reach agreement on any request for equitable adjustment,claim,appeal or
action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR
52.233-1,Disputes,which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract,pending final resolution of any dispute arising under the contract.
(e)Definitions. The clause at FAR 52.202-1,Definitions,is incorporated herein by reference.
(f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as,acts of God or the public
enemy,acts of the Government in either its sovereign or contractual capacity,fires,floods,epidemics, quarantine
restrictions, strikes,unusually severe weather,and delays of common carriers.The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch
and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g)Invoice.
(1)The Contractor shall submit an original invoice and three copies(or electronic invoice,if authorized)to the
address designated in the contract to receive invoices. An invoice must include--
(i)Name and address of the Contractor;
(ii)Invoice date and number;
(iii)Contract number,contract line item number and,if applicable,the order number;
(iv)Description,quantity,unit of measure,unit price and extended price of the items delivered;
(v) Shipping number and date of shipment,including the bill of lading number and weight of shipment if shipped on
Government bill of lading;
(vi)Terms of any discount for prompt payment offered;
(vii)Name and address of official to whom payment is to be sent;
(viii)Name,title,and phone number of person to notify in event of defective invoice; and
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(ix)Taxpayer Identification Number(TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(x)Electronic funds transfer(EFT)banking information.
(A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B)If EFT banking information is not required to be on the invoice,in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision,contract clause(e.g.,52.232-33,Payment by Electronic Funds Transfer—System for Award
Management,or 52.232-34,Payment by Electronic
Funds Transfer--Other Than System for Award Management),or applicable agency procedures.
(C)EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2)Invoices will be handled in accordance with the Prompt Payment Act(31 U.S.C. 3903)and Office of
Management and Budget(OMB)prompt payment regulations at 5 CFR part 1315.
(h)Patent indemnity. The Contractor shall indemnify the Government and its officers,employees and agents against
liability,including costs,for actual or alleged direct or contributory infringement of,or inducement to infringe,any
United States or foreign patent,trademark or copyright,arising out of the performance of this contract,provided the
Contractor is reasonably notified of such claims and proceedings.
(i)Payment.--
(1)Items accepted.Payment shall be made for items accepted by the Government that have been delivered to the
delivery destinations set forth in this contract.
(2)Prompt payment. The Government will make payment in accordance with the Prompt Payment Act(31 U.S.C.
3903)and prompt payment regulations at 5 CFR part 1315.
(3)Electronic Funds Transfer(EFT).If the Government makes payment by EFT, see 52.212-5(b)for the appropriate
EFT clause.
(4)Discount.In connection with any discount offered for early payment,time shall be computed from the date of the
invoice. For the purpose of computing the discount earned,payment shall be considered to have been made on the
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date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.
(5)Overpayments.If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment,the Contractor shall--
(i)Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the--
(A)Circumstances of the overpayment(e.g.,duplicate payment,erroneous payment, liquidation errors,date(s)of
overpayment);
(B)Affected contract number and delivery order number,if applicable;
(C)Affected contract line item or subline item,if applicable; and
(D)Contractor point of contact.
(ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)Interest.
(i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.
7109, which is applicable to the period in which the amount becomes due,as provided in(i)(6)(v)of this clause,
and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
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(ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii)Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
within 30 days;
(B)The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(C)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer
(see 32.607-2).
(iv)If a demand for payment was previously issued for the debt,the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(v)Amounts shall be due at the earliest of the following dates:
(A)The date fixed under this contract.
(B)The date of the first written demand for payment,including any demand for payment resulting from a default
termination.
(vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due
date and ending on--
(A)The date on which the designated office receives payment from the Contractor;
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(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has
been withheld as a credit against the contract debt; or
(C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
(vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the
Federal Acquisition Regulation in effect on the date of this contract.
(j)Risk of loss.Unless the contract specifically provides otherwise,risk of loss or damage to the supplies provided
under this contract shall remain with the Contractor until,and shall pass to the Government upon:
(1)Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2)Delivery of the supplies to the Government at the destination specified in the contract,if transportation is f.o.b.
destination.
(k)Taxes.The contract price includes all applicable Federal, State,and local taxes and duties.
(1)Termination for the Government's convenience. The Government reserves the right to terminate this contract,or
any part hereof,for its sole convenience.In the event of such termination,the Contractor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to
the terms of this contract,the Contractor shall be paid a percentage of the contract price reflecting the percentage of
the work performed prior to the notice of termination,plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system,have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this
purpose. This paragraph does not give the Government any right to audit the Contractor's records.The Contractor
shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
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(m)Termination for cause. The Government may terminate this contract,or any part hereof,for cause in the event of
any default by the Contractor,or if the Contractor fails to comply with any contract terms and conditions,or fails to
provide the Government,upon request,with adequate assurances of future performance.In the event of termination
for cause,the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,
and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is
determined that the Government improperly terminated this contract for default,such termination shall be deemed a
termination for convenience.
(n)Title.Unless specified elsewhere in this contract,title to items furnished under this contract shall pass to the
Government upon acceptance,regardless of when or where the Government takes physical possession.
(o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for
use for the particular purpose described in this contract.
(p)Limitation of liability.Except as otherwise provided by an express warranty,the Contractor will not be liable to
the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q)Other compliances.The Contractor shall comply with all applicable Federal, State and local laws,executive
orders,rules and regulations applicable to its performance under this contract.
(r)Compliance with laws unique to Government contracts.The Contractor agrees to comply with 31 U.S.C. 1352
relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.431 relating
to officials not to benefit;40 U.S.C. chapter 37,Contract Work Hours and Safety Standards;41 U.S.C.
chapter 87,Kickbacks;41 U.S.C.4712 and 10 U.S.C.2409 relating to whistleblower protections;49 U.S.C.40118,
Fly American;and 41 U.S.C. chapter 21 relating to procurement integrity.
(s)Order of precedence.Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order: (1)the schedule of supplies/services; (2)The Assignments,Disputes,Payments,Invoice,Other
Compliances,Compliance with Laws Unique to Government Contracts,and Unauthorized Obligations paragraphs
of this clause; (3)the clause at 52.212-5;(4)addenda to this solicitation or contract,including any license
agreements for computer software;(5) solicitation provisions if this is a solicitation;(6)other paragraphs of this
clause; (7)the Standard Form 1449; (8)other documents, exhibits, and attachments; and(9)the specification.
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(t) System for Award Management(SAM). (1)Unless exempted by an addendum to this contract,the Contractor is
responsible during performance and through final payment of any contract for the accuracy and completeness of the
data within the SAM database,and for any liability resulting from the Government's reliance on inaccurate or
incomplete data. To remain registered in the SAM 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
SAM database to ensure it is current, accurate and complete.Updating information in the SAM does not alter the
terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(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 FAR subpart 42.12,the 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 SAM database; (B)comply with the requirements of subpart 42.12; 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(t)(2)(i)of this clause,or fails to perform the
agreement at paragraph(t)(2)(i)(C)of this clause, and,in the absence of a properly executed novation or change-of-
name agreement,the SAM 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.
(3)The Contractor shall not change the name or address for EFT payments or manual payments,as appropriate,in
the SAM record to reflect an assignee for the purpose of assignment of claims(see Subpart 32.8,Assignment of
Claims).Assignees shall be separately registered in the SAM database. Information provided to the Contractor's
SAM 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.
(4)Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM
accessed through https://www.acquisition.gov.
(u)Unauthorized Obligations.
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(1)Except as stated in paragraph(u)(2)of this clause,when any supply or service acquired under this contract is
subject to any End User License Agreement(EULA),Terms of Service(TOS),or similar legal instrument or
agreement,that includes any clause requiring the Government to indemnify the
Contractor or any person or entity for damages,costs,fees,or any other loss or liability that would create an Anti-
Deficiency Act violation(31 U.S.C. 1341),the following shall govern:
(i)Any such clause is unenforceable against the Government.
(ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause
by virtue of it appearing in the EULA,TOS,or similar legal instrument or agreement. If the EULA,TOS,or similar
legal instrument or agreement is invoked through an"I agree"click box or other comparable mechanism(e.g.,
'click-wrap"or"browse-wrap"agreements),execution does not bind the Government or any
Government authorized end user to such clause.
(iii)Any such clause is deemed to be stricken from the EULA,TOS,or similar legal instrument or agreement.
(2)Paragraph(u)(1)of this clause does not apply to indemnification by the Government that is expressly authorized
by statute and specifically authorized under applicable agency regulations and procedures.
(v)Incorporation by reference. The Contractor's representations and certifications, including those completed
electronically via the System for Award Management(SAM), are incorporated by reference into the contract.
(End of Clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-00019)(FEB 2016)
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(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a)if this contract was awarded using other than sealed bid,is in excess of the simplified acquisition threshold,and
does not contain the clause at 52.215-2,Audit and Records--Negotiation.
(1)The Comptroller General of the United States,or an authorized representative of the Comptroller General,shall
have access to and right to examine any of the Contractor's directly pertinent records involving transactions related
to this contract.
(2)The Contractor shall make available at its offices at all reasonable times the records,materials,and other
evidence for examination, audit,or reproduction,until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7,Contractor Records Retention,of the other clauses of this contract.If
this contract is completely or partially terminated,the records relating to the work terminated shall be made
available for 3 years after any resulting final termination settlement.Records relating to appeals under the disputes
clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available
until such appeals,litigation,or claims are finally resolved.
(3)As used in this clause,records include books,documents,accounting procedures and practices,and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)
(1)Notwithstanding the requirements of any other clause in this contract,the Contractor is not required to flow
down any FAR clause,other than those in this paragraph(b)(1)in a subcontract for commercial items.Unless
otherwise indicated below,the extent of the flow down shall be as required by the clause—
(i)52.203-13,Contractor Code of Business Ethics and Conduct(Apr 2010)(41 U.S.C. 3509).
(ii)52.219-8,Utilization of Small Business Concerns(Oct 2014)(15 U.S.C. 637(d)(2)and(3)),in all subcontracts
that offer further subcontracting opportunities.If the subcontract(except subcontracts to small business concerns)
exceeds$650,000($1.5 million for construction of any public facility),the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17,Nondisplacement of Qualified Workers(May 2014)(E.O. 13495).Flow down required in
accordance with paragraph(1)of FAR clause 52.222-17.
(iv)52.222-21,Prohibition of Segregated Facilities(Apr 2015).
(v)52.222-26,Equal Opportunity(Mar 2007)(E.O. 11246).
(vi)52.222-35,Equal Opportunity for Veterans(Jul 2014)(38 U.S.C.4212).
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(vii)52.222-36,Equal Opportunity for Workers with Disabilities(Jul 2014)(29 U.S.C. 793).
(viii)52.222-37,Employment Reports on Veterans(Jul 2014)(38 U.S.C.4212).
(ix)52.222-40,Notification of Employee Rights Under the National Labor Relations Act(Dec 2010)(E.O. 13496).
Flow down required in accordance with paragraph(f)of FAR clause 52.222-40.
(x)52.222-41, Service Contract Labor Standards(May 2014),(41 U.S.C. chapter 67).
(xi)(A)52.222-50,Combating Trafficking in Persons(Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627).
(B)Alternate I(Mar 2015)of 52.222-50(22 U.S.C. chapter 78 E.O. 13627).
(xii)52.222-51,Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,
Calibration,or Repair of Certain Equipment--Requirements(May 2014)(41 U.S.C. chapter 67.)
(xiii)52.222-53,Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements(May 2014)(41 U.S.C. chapter 67)
(xiv)52.222-54,Employment Eligibility Verification(Aug 2013).
(xv)52.222-55,Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).
(xvi)52.225-26,Contractors Performing Private Security Functions Outside the United States(Jul 2013)(Section
862,as amended,of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.2302 Note).
(xvii)52.226-6,Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)(42 U.S.C. 1792).Flow
down required in accordance with paragraph(e)of FAR clause 52.226-6.
(xviii)52.247-64,Preference for Privately-Owned U.S.Flag Commercial Vessels(Feb 2006)(46 U.S.C.Appx
1241(b)and 10 U.S.C.2631).Flow down required in accordance with paragraph(d)of FAR clause 52.247-64.
(2)While not required,the Contractor may include in its subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT(OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a)The Schedule(excluding the specifications).
(b)Representations and other instructions.
(c)Contract clauses.
(d)Other documents, exhibits, and attachments.
(e)The specifications.
(End of clause)
52.222-3 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--
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(1)On parole or probation to work at paid employment during the term of their sentence;
(2)Who have been pardoned or who have served their terms; or
(3)Confined for violation of the laws of any of the States,the District of Columbia,Puerto Rico,the Northern
Mariana Islands,American Samoa,Guam,or the U.S.Virgin Islands who are authorized to work at paid
employment in the community under the laws of such jurisdiction, if--
(i)The worker is paid or is in an approved work training program on a voluntary basis;
(ii)Representatives of local union central bodies or similar labor union organizations have been consulted;
(iii) Such paid employment will not result in the displacement of employed workers,or be applied in skills,crafts,or
trades in which there is a surplus of available gainful labor in the locality,or impair existing contracts for services;
(iv)The rates of pay and other conditions of employment will not be less than those paid or provided for work of a
similar nature in the locality in which the work is being performed;and
(v)The Attorney General of the United States has certified that the work-release laws or regulations of the
jurisdiction involved are in conformity with the requirements of Executive Order 11755,as amended by Executive
Orders 12608 and 12943.
(End of clause)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES(APR 2015)
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(a)Definitions.As used in this clause--
Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT FAQs.html.
Segregated facilities 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, sexual orientation,gender identity,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.
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs,andis found at www.dol.gov/ofccp/LGBT/LGBT FAQs.html.
(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)
52.222-41 SERVICE CONTRACT LABOR STANDARDS(MAY 2014)
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(a)Definitions.As used in this clause--
"Contractor,"when this clause is used in any subcontract,shall be deemed to refer to the subcontractor,except in the
term"Government Prime Contractor."
"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 41
U.S.C. chapter 67, Service Contract Labor Standards 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. 6702,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 information 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
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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
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.
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(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 Service Contract Labor Standards statute
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
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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 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 41 U.S.C. 6703 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 Service Contract Labor
Standards statute 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 Service Contract Labor Standards statute--
(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
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(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 Service Contract Labor
Standards statute all wages due free and clear and without subsequent deduction(except as otherwise provided by
law or regulations,29 CFR Part 4),rebate,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 the Service Contract Labor Standards statute 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 Service Contract Labor Standards statute all or part of the wages
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or fringe benefits due under the Service Contract Labor Standards statute,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 Service Contract Labor
Standards statute.
(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 Service Contract Labor Standards statute are
contained in Regulations,29 CFR Part 4.
(p)Contractor's Certification.
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(1)By entering into this contract,the Contractor(and officials thereof)certifies that neither it 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 41 U.S.C. 6706.
(2)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract under 41 U.S.C. 6706.
(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 41 U.S.C. 6707 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:
(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 41 U.S.C.
6703(1)without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2),
in accordance with the conditions and procedures prescribed for the employment of apprentices,student-learners,
persons with disabilities,and disabled clients of work centers 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 statute for the employment of apprentices,student-learners,
persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938,or
subject to different minimum rates of pay under the two statutes,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
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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 41 U.S.C. 6703(1),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 Labor Standards 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 41 U.S.C. 6707(c).
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)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor(29
CFR part 4),this clause identifies the classes of service employees expected to be employed under the contract and
states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage-Fringe Benefits
Dallas-Fort Worth Houston-Rayton-Huntsville
27131 Police Officer I GS-6 S25.35 $28.16
27132 Police Officer II GS-7 $27.03 S30.04
(End of clause)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(MAY 2011)
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(a)Definitions.As used in this clause--
"Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65."
(b)Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-
to-Know Act of 1986(EPCRA)(42 U.S.C. 11001-11050),and the Pollution Prevention Act of 1990(PPA)(42
U.S.C. 13101-13109).
(c)The Contractor shall provide all information needed by the Federal facility to comply with the following:
(1)The emergency planning reporting requirements of section 302 of EPCRA.
(2)The emergency notice requirements of section 304 of EPCRA.
(3)The list of Material Safety Data Sheets,required by section 311 of EPCRA.
(4)The emergency and hazardous chemical inventory forms of section 312 of EPCRA.
(5)The toxic chemical release inventory of section 313 of EPCRA,which includes the reduction and recycling
information required by section 6607 of PPA.
(6)The toxic chemical and hazardous substance release and use reduction goals of section 2(e)of Executive Order
13423 and of Executive Order 13514.
(End of clause)
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52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS(DEC 2007)
(a)Definition.As used in this clause--
Energy-efficient product—
(1)Means a product that--
(i)Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark
label;or
(ii)Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's
Federal Energy Management Program.
(2)The term"product"does not include any energy-consuming product or system designed or procured for combat
or combat-related missions(42 U.S.C. 8259b).
(b)The Contractor shall ensure that energy-consuming products are energy efficient products(i.e.,ENERGY STAR
products or FEMP-designated products)at the time of contract award,for products that are--
(1)Delivered;
(2)Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(3)Furnished by the Contractor for use by the Government; or
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(4) Specified in the design of a building or work,or incorporated during its construction,renovation,or
maintenance.
(c)The requirements of paragraph(b)apply to the Contractor(including any subcontractor)unless--
(1)The energy-consuming product is not listed in the ENERGY STAR Program or FEMP; or
(2)Otherwise approved in writing by the Contracting Officer.
(d)Information about these products is available for--
(1)ENERGY STAR at http://www.energystar.gov/products; and
(2)FEMP at http://wwwl.eere.energy.gov/femp/procurement/eep_requirements.html.
(End of clause)
52.223-16 ACQUISITION OF EPEAT®-REGISTERED PERSONAL COMPUTER PRODUCTS(OCT 2015)
(a)Definitions.As used in this clause--
Computer means a device that performs logical operations and processes data. Computers are composed of, at a
minimum:
(1)A central processing unit(CPU)to perform operations;
(2)User input devices such as a keyboard,mouse,digitizer,or game controller; and
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(3)A computer display screen to output information. Computers include both stationary and portable units,
including desktop computers,integrated desktop computers,notebook computers,thin
clients,and workstations.Although computers must be capable of using input devices and computer displays,as
noted in(2)and(3)above,computer systems do not need to include these devices on shipment to meet this
definition. This definition does not include server computers,gaming consoles,mobile telephones,portable hand-
held calculators,portable digital assistants(PDAs),MP3 players,or any
other mobile computing device with displays less than 4 inches,measured diagonally.
Computer display means a display screen and its associated electronics encased in a single housing or within the
computer housing(e.g.,notebook or integrated desktop computer)that is capable of
displaying output information from a computer via one or more inputs such as a VGA,DVI,USB,DisplayPort,
and/or IEEE 1394-2008TM, Standard for High Performance Serial Bus. Examples
of computer display technologies are the cathode-ray tube(CRT)and liquid crystal display(LCD).
Desktop computer means a computer where the main unit is intended to be located in a permanent location,often on
a desk or on the floor.Desktops are not designed for portability and utilize an external
computer display,keyboard,and mouse.Desktops are designed for a broad range of home and office applications.
Integrated desktop computer means a desktop system in which the computer and computer display function as a
single unit that receives its AC power through a single cable. Integrated desktop computers come in one of two
possible forms:
(1)A system where the computer display and computer are physically combined into a single unit;or
(2)A system packaged as a single system where the computer display is separate but is connected to the main
chassis by a DC power cord and both the computer and computer display are powered from a single power supply.
As a subset of desktop computers,integrated desktop computers are typically designed to provide similar
functionality as desktop systems.
Notebook computer means a computer designed specifically for portability and to be operated for extended periods
of time either with or without a direct connection to an AC power source.Notebooks must utilize an integrated
computer display and be capable of operation off of an integrated battery or other portable power source.In
addition,most notebooks use an external power supply and have an integrated keyboard and pointing device.
Notebook computers are typically designed to provide similar functionality to desktops,including operation of
software similar in functionality to that used in desktops. Docking stations are considered accessories for notebook
computers,not notebook computers. Tablet PCs,which may use touch-sensitive screens along with,or instead of,
other input devices,are considered notebook computers.
Personal computer product means a computer,computer display,desktop computer,integrated desktop computer,or
notebook computer.
(b)Under this contract,the Contractor shall deliver,furnish for Government use,or furnish for Contractor use at a
Federally controlled facility,only personal computer products that,at the time of submission of proposals and at the
time of award,were EPEAT® bronze-registered or higher.
(c)For information about EPEAT®,see www.epa.gov/epeat.
(End of clause)
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52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
(AUG 2011)
(a)Definitions.As used in this clause--
Driving—
(1)Means operating a motor vehicle on an active roadway with the motor running,including while temporarily
stationary because of traffic,a traffic light, stop sign,or otherwise.
(2)Does not include operating a motor vehicle with or without the motor running when one has pulled over to the
side of,or off,an active roadway and has halted in a location where one can safely remain stationary.
Text messaging means reading from or entering data into any handheld or other electronic device,including for the
purpose of short message service texting,e-mailing,instant messaging,obtaining navigational information,or
engaging in any other form of electronic data retrieval or electronic data communication. The term does not include
glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle,provided that the destination and route are programmed into the device either before driving or while
stopped in a location off the roadway where it is safe and legal to park.
(b)This clause implements Executive Order 13513,Federal Leadership on Reducing Text Messaging while Driving,
dated October 1,2009.
(c)The Contractor is encouraged to--
(1)Adopt and enforce policies that ban text messaging while driving--
(i)Company-owned or-rented vehicles or Government-owned vehicles;or
(ii)Privately-owned vehicles when on official Government business or when performing any work for or on behalf
of the Government.
(2)Conduct initiatives in a manner commensurate with the size of the business,such as--
(i)Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while
driving; and
(ii)Education,awareness, and other outreach to employees about the safety risks associated with texting while
driving.
(d) Subcontracts. The Contractor shall insert the substance of this clause,including this paragraph(d),in all
subcontracts that exceed the micro-purchase threshold.
(End of clause)
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52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES(JUN 2008)
(a)Except as authorized by the Office of Foreign Assets Control(OFAC)in the Department of the Treasury,the
Contractor shall not acquire,for use in the performance of this contract,any supplies or services if any proclamation,
Executive order,or statute administered by OFAC,or if OFAC's implementing regulations at 31 CFR chapter V,
would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(b)Except as authorized by OFAC,most transactions involving Cuba,Iran,and Sudan are prohibited,as are most
imports from Burma or North Korea, into the United States or its outlying areas.Lists of entities and individuals
subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons
at TerListl.html. More information about these restrictions,as well as updates,is available in the OFAC's
regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.
(c)The Contractor shall insert this clause,including this paragraph(c),in all subcontracts.
(End of clause)
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION(JAN 1997)
(a)The Contractor shall,at its own expense,provide and maintain during the entire performance of this contract,at
least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b)Before commencing work under this contract,the Contractor shall notify the Contracting Officer in writing that
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the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement
to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be
effective(1)for such period as the laws of the State in which this contract is to be performed prescribe,or(2)until
30 days after the insurer or the Contractor gives written notice to the Contracting Officer,whichever period is
longer.
(c)The Contractor shall insert the substance of this clause, including this paragraph(c),in subcontracts under this
contract that require work on a Government installation and shall require subcontractors to provide and maintain the
insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all
subcontractors'proofs of required insurance,and shall make copies available to the Contracting Officer upon
request.
(End of clause)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
(JULY 2013)
(a)Method of payment. (1)All payments by the Government under this contract shall be made by electronic funds
transfer(EFT),except as provided in paragraph(a)(2)of this clause. As used in this clause,the term"EFT"refers to
the funds transfer and may also include the payment information transfer.
(2)In the event the Government is unable to release one or more payments by EFT,the Contractor agrees to either--
(i)Accept payment by check or some other mutually agreeable method of payment; or
(ii)Request the Government to extend the payment due date until such time as the Government can make payment
by EFT(but see paragraph(d)of this clause).
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(b)Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information
contained in the System for Award Management(SAM)database. In the event that the EFT information changes,
the Contractor shall be responsible for providing the updated information to the SAM database.
(c)Mechanisms for EFT payment.The Government may make payment by EFT through either the Automated
Clearing House(ACH)network, subject to the rules of the National Automated Clearing House Association,or the
Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part
210.
(d)Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect,then the
Government need not make payment to the Contractor under this contract until correct EFT information is entered
into the SAM database;and any invoice or contract financing request shall be deemed not to be a proper invoice for
the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an
improper invoice and delays in accrual of interest penalties apply.
(e)Liability for uncompleted or erroneous transfers. (1)If an uncompleted or erroneous transfer occurs because the
Government used the Contractor's EFT information incorrectly,the Government remains responsible for--
(i)Making a correct payment;
(ii)Paying any prompt payment penalty due;and
(iii)Recovering any erroneously directed funds.
(2)If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect,or was
revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve
System, and--
(i)If the funds are no longer under the control of the payment office,the Government is deemed to have made
payment and the Contractor is responsible for recovery of any erroneously directed funds; or
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(ii)If the funds remain under the control of the payment office,the Government shall not make payment,and the
provisions of paragraph(d)of this clause shall apply.
(f)EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with
the prompt payment terms of this contract if,in the EFT payment transaction instruction released to the Federal
Reserve System,the date specified for settlement of the payment is on or before the prompt payment due date,
provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g)EFT and assignment of claims.If the Contractor assigns the proceeds of this contract as provided for in the
assignment of claims terms of this contract,the Contractor shall require as a condition of any such assignment,that
the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of
this clause.Notwithstanding any other requirement of this contract,payment to an ultimate recipient other than the
Contractor,or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is
not permitted.In all respects,the requirements of this clause shall apply to the assignee as if it were the Contractor.
EFT information that shows the ultimate recipient of the transfer to be other than the Contractor,in the absence of a
proper assignment of claims acceptable to the Government,is incorrect EFT information within the meaning of
paragraph(d)of this clause.
(h)Liability for change of EFT information by financial agent.The Government is not liable for errors resulting
from changes to EFT information made by the Contractor's financial agent.
(i)Payment information. The payment or disbursing office shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve
System. The Government may request the Contractor to designate a desired format and method(s)for delivery of
payment information from a list of formats and methods the payment office is capable of executing.However,the
Government does not guarantee that any particular format or method of delivery is available at any particular
payment office and retains the latitude to use the format and delivery method most convenient to the Government.If
the Government makes payment by check in accordance with paragraph(a)of this clause,the Government shall
mail the payment information to the remittance address contained in the SAM database.
(End of Clause)
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52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(a)Except as stated in paragraph(b)of this clause,when any supply or service acquired under this contract is
subject to any End User License Agreement(EULA),Terms of Service(TOS),or similar
legal instrument or agreement,that includes any clause requiring the Government to indemnify the Contractor or any
person or entity for damages,costs,fees,or any other loss or liability that would create an Anti-Deficiency Act
violation(31 U.S.C. 1341),the following shall govern:
(1)Any such clause is unenforceable against the Government.
(2)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause
by virtue of it appearing in the EULA,TOS,or similar legal instrument or agreement.If the EULA,TOS,or similar
legal instrument or agreement is invoked through an"I agree"click box or other comparable mechanism(e.g.,
'click-wrap"or 'browse-wrap"agreements),execution does not bind the Government or any
Government authorized end user to such clause.
(3)Any such clause is deemed to be stricken from the EULA,TOS,or similar legal instrument or agreement.
(b)Paragraph(a)of this clause does not apply to indemnification by the Government that is expressly authorized by
statute and specifically authorized under applicable agency regulations and procedures.
(End of clause)
52.233-3 PROTEST AFTER AWARD(AUG. 1996)
(a)Upon receipt of a notice of protest(as defined in FAR 33.101)or a determination that a protest is likely(see FAR
33.102(d)),the Contracting Officer may,by written order to the Contractor,direct the Contractor to stop
performance of the work called for by this contract. The order shall be specifically identified as a stop-work order
issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period
of work stoppage.Upon receipt of the final decision in the protest,the Contracting Officer shall either--
(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.
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(b)If a stop-work order issued under this clause is canceled either before or after a final decision in the protest,the
Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule
or contract price,or both,and the contract shall be modified,in writing,accordingly,if--
(1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable
to,the performance of any part of this contract; and
(2)The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;
provided,that if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and
act upon a proposal at any time before final payment under this contract.
(c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the
Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at
the termination settlement.
(d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting
Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order.
(e)The Government's rights to terminate this contract at any time are not affected by action taken under this clause.
(f)If,as the result of the Contractor's intentional or negligent misstatement,misrepresentation,or miscertification,a
protest related to this contract is sustained,and the Government pays costs,as provided in FAR 33.102(b)(2)or
33.104(h)(1),the Government may require the Contractor to reimburse the Government the amount of such costs.In
addition to any other remedy available,and pursuant to the requirements of Subpart 32.6,the Government may
collect this debt by offsetting the amount against any payment due the Contractor under any contract between the
Contractor and the Government.
(End of clause)
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52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM(OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
(End of clause)
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,EQUIPMENT,AND VEGETATION(APR 1984)
The Contractor shall use reasonable care to avoid damaging existing buildings, equipment,and vegetation on the
Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property,the
Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs.If
the Contractor fails or refuses to make such repair or replacement,the Contractor shall be liable for the cost,which
may be deducted from the contract price.
(End of clause)
52.237-3 CONTINUITY OF SERVICES (JAN 1991)
(a)The Contractor recognizes that the services under this contract are vital to the Government and must be
continued without interruption and that,upon contract expiration,a successor,either the Government or another
contractor,may continue them. The Contractor agrees to(1)furnish phase-in training and(2)exercise its best efforts
and cooperation to effect an orderly and efficient transition to a successor.
(b)The Contractor shall,upon the Contracting Officer's written notice,(1)furnish phase-in,phase-out services for
up to 90 days after this contract expires and(2)negotiate in good faith a plan with a successor to determine the
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nature and extent of phase-in,phase-out services required.The plan shall specify a training program and a date for
transferring responsibilities for each division of work described in the plan,and shall be subject to the Contracting
Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in,phase-out
period to ensure that the services called for by this contract are maintained at the required level of proficiency.
(c)The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain
the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary
personnel records and allow the successor to conduct onsite interviews with these employees. If selected employees
are agreeable to the change,the Contractor shall release them at a mutually agreeable date and negotiate transfer of
their earned fringe benefits to the successor.
(d)The Contractor shall be reimbursed for all reasonable phase-in,phase-out costs(i.e.,costs incurred within the
agreed period after contract expiration that result from phase-in,phase-out operations)and a fee(profit)not to
exceed a pro rata portion of the fee(profit)under this contract.
(End of clause)
52.247-5 FAMILIARIZATION WITH CONDITIONS(APR 1984)
The offeror shall become familiar with all available information regarding difficulties that may be encountered and
the conditions,including safety precautions,under which the work must be accomplished under the contract.The
offeror shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of
performing the services required in this contract because the offeror failed to investigate the conditions or to become
acquainted with all information concerning the services to be performed.
(End of clause)
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52.247-27 CONTRACT NOT AFFECTED BY ORAL AGREEMENT(APR 1984)
No oral statement of any person shall modify or otherwise affect the terms,conditions,or specifications stated in
this contract.All modifications to the contract must be made in writing by the Contracting Officer or an authorized
representative.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998)
This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in
full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may
be accessed electronically at this/these address(es):
http://farsitc.hill.af.mil/vffara.htm
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES(APR 1984)
(a)The use in this solicitation or contract of any Federal Acquisition Regulation(48 CFR Chapter 1)clause with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the clause.
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(b)The use in this solicitation or contract of any DEARS (48 CFR Chapter 2)clause with an authorized deviation is
indicated by the addition of"(DEVIATION)" after the name of the regulation.
(End of clause)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS(SEP
2011)
(a)Definition. Covered DoD official,as used in this clause,means an individual that--
(1)Leaves or left DoD service on or after January 28,2008; and
(2)(i)Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess
of$10 million,and serves or served--
(A)In an Executive Schedule position under subchapter II of chapter 53 of Title 5,United States Code;
(B)In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5,United States Code;
or
(C)In a general or flag officer position compensated at a rate of pay for grade 0-7 or above under section 201 of
Title 37,United States Code; or
(ii) Serves or served in DoD in one of the following positions: Program manager,deputy program manager,
procuring contracting officer,administrative contracting officer, source selection authority,member of the source
selection evaluation board,or chief of a financial or technical evaluation team for a contract in an amount in excess
of$10 million.
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(b)The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the
official leaves DoD service,without first determining that the official has sought and received,or has not received
after 30 days of seeking,a written opinion from the appropriate DoD ethics counselor regarding the applicability of
post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c)Failure by the Contractor to comply with paragraph(b)of this clause may subject the Contractor to rescission of
this contract,suspension,or debarment in accordance with 41 U.S.C.2105(c).
(End of clause)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS(SEP 2013)
(a)The Contractor shall inform its employees in writing,in the predominant native language of the workforce,of
contractor employee whistleblower rights and protections under 10 U.S.C.2409,as described in subpart 203.9 of the
Defense Federal Acquisition Regulation Supplement.
(b)The Contractor shall include the substance of this clause, including this paragraph(b),in all subcontracts.
(End of clause)
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252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT(APR 1992)
The Contractor's procedures for protecting against unauthorized disclosure of information shall not require
Department of Defense employees or members of the Armed Forces to relinquish control of their work products,
whether classified or not,to the contractor.
(End of clause)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment,the Contractor shall--
(a)Identify the contract line item(s)on the payment request that reasonably reflect contract work performance; and
(b)Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING(DEC 2015)
(a)Definitions.As used in this clause--
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Adequate security means protective measures that are commensurate with the consequences and probability of loss,
misuse,or unauthorized access to,or modification of information.
Compromise means disclosure of information to unauthorized persons,or a violation of the security policy of a
system, in which unauthorized intentional or unintentional disclosure,modification,destruction,or loss of an object,
or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s),whether directly
or indirectly,by the grouping of information that can be traced back to the contractor(s)(e.g.,program description,
facility locations),personally identifiable information,as well as trade secrets,commercial or financial information,
or other commercially sensitive information that is not customarily shared outside of the
company.
Contractor information system means an information system belonging to,or operated by or for,the Contractor.
Controlled technical information means technical information with military or space application that is subject to
controls on the access,use,reproduction,modification,performance,display,release,disclosure,or dissemination.
Controlled technical information would meet the criteria,if disseminated,for distribution statements B through F
using the criteria set forth in DoD Instruction 5230.24,Distribution Statements on Technical
Documents.The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an information system that is owned,or operated by or for,a
contractor and that processes,stores,or transmits covered defense information.
Covered defense information means unclassified information that--
(i)Is--
(A)Provided to the contractor by or on behalf of DoD in connection with the performance of the contract;or
(B)Collected,developed,received,transmitted,used,or stored by or on behalf of the contractor in support of the
performance of the contract; and
(ii)Falls in any of the following categories:
(A)Controlled technical information.
(B)Critical information(operations security). Specific facts identified through the Operations Security process
about friendly intentions,capabilities,and activities vitally needed by adversaries for them to plan and act
effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment(part of
Operations Security process).
(C)Export control.Unclassified information concerning certain items,commodities,technology, software,or other
information whose export could reasonably be expected to adversely affect the United States national security and
nonproliferation objectives. To include dual use items;items identified in export administration regulations,
international traffic in arms regulations and munitions list; license applications;and sensitive nuclear technology
information.
(D)Any other information,marked or otherwise identified in the contract,that requires safeguarding or
disseminationcontrols pursuant to and consistent with law,regulations, and Governmentwide policies(e.g.,privacy,
proprietary business information).
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Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or
potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering,retaining, and analyzing computer-related data for investigative
purposes in a manner that maintains the integrity of the data.
Malicious software means computer software or firmware intended to perform an unauthorized process that will
have adverse impact on the confidentiality,integrity,or availability of an information system. This definition
includes a virus,worm,Trojan horse,or other code-based entity that infects a host,as well as spyware and
some forms of adware.
Media means physical devices or writing surfaces including,but is not limited to,magnetic tapes,optical disks,
magnetic disks, large-scale integration memory chips,and printouts onto which information is recorded, stored,or
printed within an information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift,
intermodal transportation services,or logistical support that is essential to the mobilization,deployment,or
sustainment of the Armed Forces in a contingency operation.
Rapid(ly)report(ing)means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at
DFARS 252.227-7013,Rights in Technical Data-Non Commercial Items,regardless of whether or not the clause is
incorporated in this solicitation or contract.Examples of technical information include research and engineering
data, engineering drawings,and associated lists, specifications, standards,process sheets,manuals,technical reports,
technical orders,catalog-item identifications,data sets,studies and analyses and related information,and computer
software executable code and source code.
(b)Adequate security. The Contractor shall provide adequate security for all covered defense information on all
covered contractor information systems that support the performance of work under this contract. To provide
adequate security,the Contractor shall--
(1)Implement information systems security protections on all covered contractor information systems including,at a
minimum--
(i)For covered contractor information systems that are part of an Information Technology(IT) service or system
operated on behalf of the Government--
(A)Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010,
Cloud Computing Services,of this contract;and
(B)Any other such IT service or system(i.e.,other than cloud computing)shall be subject to the security
requirements specified elsewhere in this contract;or
(ii)For covered contractor information systems that are not part of an IT service or system operated on behalf of the
Government and therefore are not subject to the security requirement specified at paragraph(b)(1)(i)of this clause--
(A)The security requirements in National Institute of Standards and Technology(NIST)Special Publication(SP)
800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,"
http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by
W9126G-16-T-0089
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the Contracting Officer,as soon as practical,but not later than December 31,2017.The Contractor shall notify the
DoD CIO,via email at osd.dibcsia(c(mail.mil,within 30 days of contract award,of any security requirements
specified by NIST SP 800-171 not implemented at the time of contract award; or
(B)Alternative but equally effective security measures used to compensate for the inability to satisfy a particular
requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO;
and
(2)Apply other security measures when the Contractor reasonably determines that such measures,in addition to
those identified in paragraph(b)(1)of this clause,may be required to provide adequate security in a dynamic
environment based on an assessed risk or vulnerability.
(c)Cyber incident reporting requirement.
(1)When the Contractor discovers a cyber incident that affects a covered contractor information system or the
covered defense information residing therein,or that affects the contractor's ability to perform the requirements of
the contract that are designated as operationally critical support,the Contractor shall--
(i)Conduct a review for evidence of compromise of covered defense information,including,but not limited to,
identifying compromised computers, servers, specific data,and user accounts. This review shall also include
analyzing covered contractor information system(s)that were part of the cyber incident, as well as other information
systems on the Contractor's network(s),that may have been accessed as a result of the incident in order to identify
compromised covered defense information,or that affect the Contractor's ability to provide operationally critical
support;and
(ii)Rapidly report cyber incidents to DoD at http://dibnct.dod.mil.
(2)Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall
include,at a minimum,the required elements at http://dibnct.dod.mil.
(3)Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause,the
Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber
incidents.For information on obtaining a DoD-approved medium assurance certificate, see
http://iasc.disa.mil/pki/cca/Pagcs/indcx.aspx.
(d)Malicious software.The Contractor or subcontractors that discover and isolate malicious software in connection
with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the
Contracting Officer.
(e)Media preservation and protection.When a Contractor discovers a cyber incident has occurred,the Contractor
shall preserve and protect images of all known affected information systems identified in paragraph(c)(1)(i)of this
clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident
report to allow DoD to request the media or decline interest.
(f)Access to additional information or equipment necessary for forensic analysis.Upon request by DoD,the
Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a
forensic analysis.
(g)Cyber incident damage assessment activities.If DoD elects to conduct a damage assessment,the Contracting
Officer will request that the Contractor provide all of the damage assessment information gathered in accordance
with paragraph(e)of this clause.
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(h)DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect
against the unauthorized use or release of information obtained from the contractor(or derived from information
obtained from the contractor)under this clause that includes contractor attributional/proprietary information,
including such information submitted in accordance with paragraph(c). To the maximum extent
practicable,the Contractor shall identify and mark attributional/proprietary information. In making an authorized
release of such information,the Government will implement appropriate procedures to minimize the contractor
attributional/proprietary information that is included in such authorized release, seeking to include only that
information that is necessary for the authorized purpose(s)for which the information is being released.
(i)Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is
obtained from the contractor(or derived from information obtained from the contractor)under this clause that is not
created by or for DoD is authorized to be released outside of DoD--
(1)To entities with missions that may be affected by such information;
(2)To entities that may be called upon to assist in the diagnosis,detection,or mitigation of cyber incidents;
(3)To Government entities that conduct counterintelligence or law enforcement investigations;
(4)For national security purposes,including cyber situational awareness and defense purposes(including with
Defense Industrial Base(DIB)participants in the program at 32 CFR part 236);or
(5)To a support services contractor("recipient")that is directly supporting Government activities under a contract
that includes the clause at 252.204-7009,Limitations on the Use or Disclosure of Third-Party Contractor Reported
Cyber Incident Information.
(j)Use and release of contractor attributional/proprietary information created by or for DoD.Information that is
obtained from the contractor(or derived from information obtained from the contractor)under this clause that is
created by or for DoD(including the information submitted pursuant to paragraph(c)of this clause)is authorized to
be used and released outside of DoD for purposes and activities authorized by paragraph(i)of this clause,and for
any other lawful Government purpose or activity, subject to all applicable statutory,regulatory, and policy based
restrictions on the Government's use and release of such information.
(k)The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on
the interception,monitoring,access,use, and disclosure of electronic communications and data.
(1)Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this
clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting
pertaining to its unclassified information systems as required by other applicable
clauses of this contract,or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts.The Contractor shall--
(1)Include this clause,including this paragraph(m), in subcontracts,or similar contractual instruments,for
operationally critical support,or for which subcontract performance will involve a covered contractor information
system,including subcontracts for commercial items,without alteration,except to identify the parties;
and
W9126G-16-T-0089
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(2)When this clause is included in a subcontract,require subcontractors to rapidly report cyber incidents directly to
DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number,
automatically assigned by DoD,to the prime Contractor(or next higher-tier subcontractor)as soon as practicable.
(End of clause)
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC(NOV 2014)
(a)Definitions.As used in this clause--
Commercially available off-the-shelf(COTS)item--
(i)Means any item of supply(including construction material)that is--
(A)A commercial item(as defined in paragraph(1)of the definition of"commercial item"in section 2.101 of the
Federal Acquisition Regulation);
(B)Sold in substantial quantities in the commercial marketplace; and
(C)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form in
which it is sold in the commercial marketplace; and
(ii)Does not include bulk cargo,as defined in 46 U.S.C.40102(4),such as agricultural products and petroleum
products.
W9126G-16-T-0089
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Component means an article,material, or supply incorporated directly into an end product.
Domestic end product means--
(i)An unmanufactured end product that has been mined or produced in the United States;or
(ii)An end product manufactured in the United States if
(A)The cost of its qualifying country components and its components that are mined,produced,or manufactured in
the United States exceeds 50 percent of the cost of all its components. The cost of components includes
transportation costs to the place of incorporation into the end product and U.S. duty(whether or not a duty-free entry
certificate is issued). Scrap generated,collected, and prepared for processing in the United States is considered
domestic.A component is considered to have been mined,produced,or manufactured in the United States
(regardless of its source in fact)if the end product in which it is incorporated is manufactured in the United States
and the component is of a class or kind for which the Government has determined that--
(1) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined,produced,or
manufactured in the United States;or
(2)It is inconsistent with the public interest to apply the restrictions of the Buy American statute;or
(B)The end product is a COTS item.
End product means those articles,materials, and supplies to be acquired under this contract for public use.
Foreign end product means an end product other than a domestic end product.
Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or
international agreement with the United States in which both countries agree to remove barriers to purchases of
W9126G-16-T-0089
Page 108 of 111
supplies produced in the other country or services performed by sources of the other country, and the memorandum
or agreement complies,where applicable,with the requirements of section 36 of the Arms Export Control Act(22
U.S.C.2776)and with 10 U.S.C.2457.Accordingly,the following are qualifying countries:
Australia,Austria,Belgium,Canada,Czech Republic,Denmark,Egypt,Finland,France,Germany,Greece,Israel,
Italy,Luxembourg,Netherlands,Norway,Poland,Portugal, Spain, Sweden, Switzerland,Turkey,United Kingdom
of Great Britain and Northern Ireland.
Qualifying country component means a component mined,produced,or manufactured in a qualifying country.
Qualifying country end product means--
(i)An unmanufactured end product mined or produced in a qualifying
country;or
(ii)An end product manufactured in a qualifying country if--
(A)The cost of the following types of components exceeds 50 percent of the cost of all its components:
(1)Components mined,produced,or manufactured in a qualifying country.
(2)Components mined,produced,or manufactured in the United States.
(3)Components of foreign origin of a class or kind for which the Government has determined that sufficient and
reasonably available commercial quantities of a satisfactory quality are not mined,produced,or manufactured in the
United States;or
(B)The end product is a COTS item.United States means the 50 States,the District of Columbia,and outlying
areas.
(b)This clause implements,Buy American.In accordance with 41 U.S.C. 1907,the component test of the Buy
American statute is waived for an end product that is a COTS item(see section 12.505(a)(1)of the Federal
Acquisition Regulation).Unless otherwise specified,this clause applies to all line items in the contract.
(c)The Contractor shall deliver only domestic end products unless,in its offer,it specified delivery of other end
products in the Buy American--Balance of Payments Program Certificate provision of the solicitation.If the
Contractor certified in its offer that it will deliver a qualifying country end product,the Contractor shall deliver a
qualifying country end product or,at the Contractor's option,a domestic end product.
W9126G-16-T-0089
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(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)
252.232-7010 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
W9126G-16-T-0089
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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)
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
When costs are a factor in any price adjustment under this contract,the contract cost principles and procedures in
FAR part 31 and DFARS part 231,in effect on the date of this contract,apply.
(End of clause)
W9126G-16-T-0089
Page 111 of 111
Section L-Instructions,Conditions and Notices to Bidders
CONTRACTING OFFICER'S STMT
"Only a warranted Contracting Officer(either a Procuring Contracting Officer(PCO), or an
Administrative Contracting Officer(ACO), acting within their delegated limits,has the authority to issue
modifications or otherwise change the terms and conditions of this contract. If an individual other than
the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall
not proceed with the change and shall immediately notify the Contracting Officer."
411371N§4.7-''
,., Wylie Police Department
f >
t 5 k.
r:a
~; } --'<, . i f Memorandum
{ ,r. is-mw!
r
TO: U.S. Army Corps of Engineers
FROM: Lt Mike Atkison
DATE: April 8, 2016
SUBJECT: Contract for Increased Law Enforcement Services Lavon Lake
Labor:
Patrol Officers: 608 hrs. X $48.07 hr. $29226.56
(Average O/T rate for Officers working this contract)
Supervisor: $71.98 X 15 Hours $1079.70
Clerical Support: $39.17 X 20 Hours $783.40
Dispatch (weekends) $33.40 X 348 $11623.20
Total: $42712.86
FICA/Medicare: .0765 X $42712.86 $3267.53
LT Disability: .57 X 608 hrs. $346.56
TMRS: .1457 X $42712..86 $6223.26
Workers Comp: .0442 X $42712.86 $1887.91
Employee Insurance: .0840 X $42712.86 $3587.88
Total: $15313.14
Total Labor: $58026.00
Vehicle Cost: 9500 mi. X .54 (IRS Rate) $5130.00
Total Contract: $63156.00
Labor/Vehicle: $63156 / 608hrs. $103.88 per hour
al AA 1 Wylie City Council
..:.k 4 AGENDA REPORT
Meeting Date: April 26, 2016 Item Number: E
Department: Public Services (City Secretary's Use Only)
Prepared By: Purchasing Account Code: 112-5614-58570
Date Prepared: 4/19/2016 Budgeted Amount: $93,000
Exhibits: W2016-42-E Evaluation Tab
Subject
Consider and act upon the award of Request for Qualifications (RFQ) #W2016-42-E for Design Services for Wylie
Municipal Complex East Meadow Trail Project to Dunaway Associates, L.P. in the estimated amount of$91,770, and
authorizing the City Manager to sign any necessary documents.
Recommendation
A motion to approve the award of Request for Qualifications (RFQ) #W2016-42-E for Design Services for Wylie
Municipal Complex East Meadow Trail Project to Dunaway Associates, L.P. in the estimated amount of $91,770, and
authorizing the City Manager to sign and necessary documents.
Discussion
The Parks 4B budget for FY15-16 has funds approved for design services for the Wylie Municipal Complex East Meadow
Trail Project.
In January 2016, the City issued a Request for Qualifications (RFQ #2016-42-E) for design services for this project and
nine (9) responses were received. In accordance with Government Code Chapter 2254 (Professional and Consulting
Services), a committee of three (3) City staff members formally evaluated and ranked the submittals to determine the most
qualified firm. The results of the evaluation were returned to the Purchasing Agent, with the highest ranked firm being
Dunaway Associates, L.P. of Fort Worth, Texas.
Staff's assessment was based on the Evaluation Criteria as outlined in the RFQ:
0o Firm's understanding of the City's requested tasks and needs
00 Firm's experience with similar projects comparable in type, size and complexity
00 Demonstrated ability of the Firm to perform high-quality work and to meet strict project schedules
00 Qualifications of the Firm's staff assigned to perform the work with this project
The scope of work for the resulting contract includes professional landscape architectural and engineering services for the
City's project. The consultant will prepare preliminary design and final construction documents for approximately 6,700
linear feet of concrete trail,pedestrian bridge,parking lot, lighting and site furnishings for the purpose of publicly bidding
the work in accordance with City standards. The work will also include a Geotechnical Investigation Report and Flood
Study associated with the proposed pedestrian bridge.
Based on the above criteria and a successful negotiation process with the firm, City staff recommends award of a design
services contract to Dunaway Associates, L.P.
(Rev 01/2014) Page 1 of 1
CIiti
BID EVALUATION SUMMARY
W2016-42-E
RFQ: DESIGN SERVICES WYLIE MUNICIPAL COMPLEX
EAST MEADOW TRAIL PROJECT
(February 9, 2016 @ 3:00 pm CST)
** NOTE: All vendors were scored on a straight point scale; each of the 4
categories was worth 25 points and a score of 12.5 was set as "meets the
minimum criteria and is qualified to perform the work. Based on this scoring,
a resulting minimum score of 50 demonstrates qualified.
QUALIFICATION
FIRM SCORE
Adams Engineering & Development Consultants 52.50
Dunaway Associates, L.P 70.00
Dunkin Sims Stoffels, Inc. in Association with
Birkhoff, Hendricks &Carter, L.L.P 58.00
Kimley- Horn and Associates, Inc 66.67
Pacheco Koch, LLC 52.50
Pape-Dawson Engineers, Inc. 55.33
Teague Nall and Perkins, Inc. 62.33
RVi Planning+ Landscape Architecture 64.67
Schrickel, Rollins and Associates, Inc. 50.67
I certify that the above includes all firms who submitted a statement of qualifications:
SiePita/ Z ; z
Glenna Hayes C.P.M., A.P.P. Date
Purchasing Agent
PURCHASING DEPARTMENT
CITY OF WYLIE,TEXAS
l/. '� Wylie City Council
•
iyl_- •• +
..:,k . .4 .. AGENDA REPORT
Meeting Date: April 26, 2016 Item Number: 1
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: April 20, 2016 Budgeted Amount:
Exhibits: 2
Subject
Consider, and act upon, Ordinance No. 2016-07 amending Ordinance No. 2015-30 (2015-2016 Budget) for
proposed mid-year amendments for fiscal year 2015-2016.
Recommendation
Motion to approve Ordinance No. 2016-07 amending Ordinance No. 2015-30 (2015-2016 Budget) for proposed
mid-year amendments for fiscal year 2015-2016.
Discussion
The mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue
and expenditure adjustments to the adopted budget. The detail is attached for the requested items which are
located within the General Fund, 4B Sales Tax Revenue Fund, and Utility Fund. The requests are further
defined as neutral (matching revenues to expenditures), revenue increases or expenditure increases.
Page 1 of 1
ORDINANCE NO. 2016-07
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2015-30, WHICH ESTABLISHED THE BUDGET
FOR FISCAL YEAR 2015-2016; REPEALING ALL CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council heretofore adopted Ordinance No. 2015-30 setting forth the
Budget for Fiscal Year 2015-2016 beginning October 1, 2015, and ending September 30, 2016;
and,
WHEREAS, the City Departments and Divisions routinely review their budget
appropriations to determine if any changes are necessary; and
WHEREAS, based upon said review the City staff now recommends that certain
amendments to the Budget be considered by the City Council; and,
WHEREAS, the City Council has the authority to make amendments to the City Budget
under Article VII, Section 4 of the City Charter, as well as State law; and,
WHEREAS, the City Council has determined that the proposed amendments to the FY
2015-2016 Budget, with the revenues and expenditures therein contained, is in the best interest
of the City; and therefore, desires to adopt the same by formal action.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF WYLIE, TEXAS:
SECTION I: The proposed amendments to the FY2015-2016 Budget of the City of
Wylie, as heretofore adopted by Ordinance No. 2015-30, are, completely adopted and approved
as amendments to the said FY2015-2016 Budget.
SECTION II: All portions of the existing FY2015-2016 Budget and Ordinance No.
2015-30, except as specifically herein amended, shall remain in full force and effect, and not be
otherwise affected by the adoption of the amendatory ordinance.
SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the
part or parts as declared to be invalid, illegal, or unconstitutional.
SECTION IV: This ordinance shall be in full force and effect from and after its adoption
by the City Council and publication of its caption as the law and the City Charter provide in such
cases.
Ordinance No. 2016-07—City Council
Mid-Year Budget Amendment FY2015-2016
SECTION V: That all other ordinances and code provisions in conflict herewith are
hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the
Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or
provision of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 26th day of April, 2016.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Ordinance No. 2016-07—City Council
Mid-Year Budget Amendment FY2015-2016
City of Wylie
FY 2016 Mid-Year Adjustments
Fund/Account Account Description Mid-Year Description Amount Additional Description
100-5131-56180 Rental New Postage Machine Lease 2,000
100-5132-58910 Buildings-(Capital) FS1 Roof Replacement 25,000 Partially Funded from Ins.Proceeds
100-5211-58510 Motor Vehicles Patrol Vehicles-(6)Repl;(2)New 285,000 Due to Hail Storm Damage
100-5211-52130 Tools&Equipment Patrol Vehicle Equipment 152,740 Due to Hail Storm Damage
100-5155-52130 Tools&Equipment Patrol Vehicle Equipment 25,000 Due to Hail Storm Damage
100-5211-52130 Tools&Equipment L3 Mobile Vision Workstation 8,545
100-5211-52010 Office Supplies Fujitsu Scanners(5) 4,045
100-5211-58510 Motor Vehicles Admin.Vehicle(New) 26,000
100-5211-52130 Tools&Equipment Admin.Vehicle Equipment 8,600
100-5211-52710 Uniforms Ballistic Vests 8,544 Funded from Comptroller
100-5211-56210 Travel&Training LEOSE Reimbursements 3,391 Funded from Comptroller
100-5241-56210 Travel&Training LEOSE Reimbursements 646 Funded from Comptroller
100-5211-52250 Medical&Surgical SANE Exams 5,120 Funded from Comptroller
100-4000-43530 Fire Services Revenue From Inspiration (194,544) Budget Neutral
100-5231-51110 Salaries Inspiration Personnel(2 FF's) 24,216 Personnel Related
100-5231-51XXX Personnel Services Inspiration Personnel(2 FF's) 16,928 Personnel Related
100-5231-52710 Uniforms Inspiration Personnel(2 FF's) 10,000 Budget Neutral
100-5231-56040 Special Services Inspiration Personnel(2 FF's) 1,200 Budget Neutral
100-5231-56040 Office Supplies Inspiration Personnel(2 FF's) 2,200 Budget Neutral
100-5231-58510 Motor Vehicles ALS Squad Vehicle 65,000 Budget Neutral
100-5231-52130 Tools&Equipment ALS Squad Equipment 60,672 Budget Neutral
100-5231-54810 Computer Hard/Software ALS Squad Equipment 14,328 Budget Neutral
100-5251-52250 Medical&Surgical Medical Needs Assistance 692 Funded from Donations
100-5511-52610 Recreational Supplies Improvements at Olde City Park 2,500 Funded From Donations
100-5551-56040 Special Services Catholic Foundation Donation 4,980 Funded From Donations
100-5181-56040 Special Services Costs Associated with Hail Storms 700,000
Total General Fund $ 1,262,803
112-4000-49131 Transfer from Special Rev. Transfer from Rec Fund-(Revenue) (444,004)
112-4000-48440 Contributions/Donations WASA Donation-(Revenue) (13,371)
112-5613-52130 Tools&Equipment PA System Equipment 24,000 Partially Funded From Donations
112-5613-56040 Special Services PA System Installation 6,000 Partially Funded From Donations
112-5000-56040 Special Services Costs Associated with Hail Storms 50,000
Total 4B Sales Tax Revenue Fund $ (377,375)
611-5712-52130 Tools&Equipment Nitrogen Testing Meter 2,800
611-5712-54210 Streets&Alleys Street Repairs due to Water Leaks 7,500
611-5712-51130 Overtime Increase in Overtime 10,000 Personnel Related
611-5712-51XXX Personnel Services Increase in Taxes&Benefits 2,300 Personnel Related
611-5715-51130 Overtime Increase in Overtime 2,000 Personnel Related
611-5715-51XXX Personnel Services Increase in Taxes&Benefits 460 Personnel Related
611-5719-56040 Special Services Costs Associated with Hail Storms 200,000
Total Utility Fund 225,060
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
CURRENT AMENDED
BUDGET PROJECTED OTHER BUDGET
2015-2016 PERSONNEL SAVINGS AMENDMENTS 2015-2016
REVENUES:
Ad Valorem Taxes 18,901,356 - - 18,901,356
Sales Taxes 4,537,658 - - 4,537,658
Franchise Fees 2,671,000 - - 2,671,000
Licenses&Permits 746,000 - - 746,000
Intergovernmental Revenues 725,920 - 194,544 920,464
Service Fees 3,225,000 - - 3,225,000
Fines and Forfeitures 660,832 - - 660,832
Interest&Miscellaneous 171,000 - - 171,000
Total Revenues 31,638,766 - 194,544 31,833,310
OTHER FINANCING SOURCES:
Transfers from Other Funds 2,054,050 - - 2,054,050
Use of Fund Balance for Debt Services 200,000 - - 200,000
Use of Fund Balance for for Fleet&Equipment 772,783 - - 772,783
Use of Fund Balance for Carry Over Items 58,907 - - 58,907
Total Other Financing Sources 3,085,740 - - 3,085,740
Total Revenues&Transfer in 34,724,506 - 194,544 34,919,050
EXPENDITURES:
General Government
City Council 90,796 - - 90,796
City Manager 841,241 1,865 - 839,376
City Secretary 276,680 (66) - 276,746
City Attorney 147,000 - - 147,000
Finance 1,032,813 453 2,000 1,034,360
Facilities 729,460 31,830 25,000 722,630
Municipal Court 365,036 (5,311) - 370,347
Human Resources 306,936 21,825 - 285,111
Purchasing 162,501 28,091 - 134,410
Information Technology 1,254,236 (135) - 1,254,371
Animal Control 671,946 26,265 692 646,373
Public Safety
Police 8,362,316 212,037 527,631 8,677,910
Fire 7,161,256 89,870 194,544 7,265,930
Emergency Communications 1,409,706 52,871 - 1,356,835
Development Services
Planning 582,075 36,572 - 545,503
Building Inspections 485,270 36,132 - 449,138
Code Enforcement 236,744 (46) - 236,790
Streets 2,367,884 28,492 - 2,339,392
Community Services
Parks 2,417,139 30,832 2,500 2,388,807
Library 1,770,773 43,867 4,980 1,731,886
Combined Services 4,052,699 - 700,000 4,752,699
Total Expenditures 34,724,506 635,444 1,457,347 35,546,409
FY 2016 Mid Year Adjustments
Salary& Benefits Savings
FY 2016 Budget
City Council $ -
City Manager $ 1,865
City Secretary $ (66) Year-End Accrual Adjustments
Finance $ 453
Facilities $ 31,830 Period of vacant position(s)
Municipal Court $ (5,311) Rate increase for judge & prosecutor
Human Resources $ 21,825 Period of vacant position(s)
Purchasing $ 28,091 Period of vacant position(s)
Information Technology $ (135) Year-End Accrual Adjustments
Police $ 212,037 Period of vacant position(s)
Fire $ 89,870 Period of vacant position(s)
Emergency Communications $ 52,871 Period of vacant position(s)
Animal Control $ 26,265 Majority due to savings in benefits
Planning $ 36,572 Period of vacant position(s)
Building Inspections $ 36,132 Period of vacant position(s)
Code Enforcement $ (46) Year-End Accrual Adjustments
Streets $ 28,492 Majority due to savings in benefits
Parks $ 30,832 Majority due to savings in benefits
Library $ 43,867 Period of vacant position(s)
$ 635,444
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The Finance Department is requesting additional funds to enter into a new 48 month lease with Pitney Bowes for a new postage machine. The current
machine has been out of warranty for an extended amount of time and has become increasingly unrealiable. This request will cover the first six months
(April-September)of the new lease, as well as,any additional fees or setup costs.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5131 56180 New Postage Machine Lease (April - September) 2,000
TOTAL 2,000
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
In February of this year we received a payment from insurance to replace the roof at Fire Station 1.This was in the amount of$14,753 which would
exclude our deductible and depreciation in the amount of$6,023.96(which is recoverable if needed). I am asking for funding in the amount of$25,000 to
perform this work.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5132 58910 FS1 Reroof- Insurance Claim 25,000
TOTAL 25,000
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Eight(8) new 2016 Chevy Tahoes to be used for patrol. Six of the eight are scheduled for rotation with two being additional units to support the
increase in patrol staffing levels. During the recent hail storm events of March 23 and April 11,2016,21 of the 25 marked units(Patrol and SRO)were
heavily damaged and many are out of service pending repairs. There are currently eight(8) Patrol units being utilized 24 hours/day compared to normal
operations of 12 hours in use and 12 hours parked; impacting vehicle availability(Lake Patrol,special events, major incidents), maintenance and
longevity. There is also the potential for model years older than 2012 to be totaled by the City's risk pool provider(TMLIRP). These weather events
coupled with the ordering timeframes imposed by General Motors will impact the Police Department's ability to provide necessary services.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 58510 2016 Chevy Tahoes 285,000
100 5211 52130 Vehicle equipment - 152,740
Lights, labor, tint, Opticom, mobile radio, etc.
100 5155 52130 ICS - Calls for Service and IBRS 25,000
TOTAL 462,740
ADDITIONAL COMMENTS:
This purchase of vehicles will be in-lieu of the FY2017 vehicle replacement request of 6 patrol units and 2 ELS patrol units.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
New L3 Mobile Vision DVD/Blu Ray Robot w/built-in workstation, is needed to keep up with the increase in video data collection. The current L3 Robot
workstation operated by the Wylie Police Department is designed to copy/burn 50 videos discs a week. The Wylie Police Department's Records Division
is building 50 discs every two days. Due to the large video/audio files, multiple discs are needed for every case. The DA's office is requiring two copies
of every disc to be submitted with every case, one for the prosecution and one for the defense. The current system is unable to handle the increase in
videos being retained from in-car video and body-worn cameras.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52130 L3 Mobile Vision DVD/Blu Ray Robot w/workstation 8,545
TOTAL 8,545
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
New scanners were needed and purchased to improve productivity and assist with building reports required to file cases with the County District
Attorney's Offices. Due to changes in laws,the Wylie Police Department's Records Division is tasked with producing additional copies of case reports
and videos to be submitted to the DA's office for criminal prosecution. The previous older scanners were unable to handle the required workload,which
slowed down progress.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52010 Five Fujitsu FI-7160 4,045
TOTAL 4,045
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
One new 2016 Chevy Caprice or similar type vehicle to be used for the administrative officer assigned to recruiting/hiring,training coordinator,and Al
investigator. There is currently a detective handling these duties and once moved to an admin position, his current assigned vehicle will be left for the
new CID investigator. Recruiting and hiring requires the investigator to travel across the State conducting thorough background investigations on
applicants.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 58510 2016 Chevy Caprice or similar vehicle 26,000
100 5211 52130 Vehicle equipment - same as CID package 8,600
Lights, labor, tint, Opticom, mobile radio, etc.
TOTAL 34,600
ADDITIONAL COMMENTS:
This vehicle can possibly be purchased using the department salary savings over the first half of this FY 2016 budget.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Reallocation of funds to the Wylie Police Department Wearing Apparel& Uniform Account#100-5211-52710 reimbursed for the purchase of ballistic vests
through the Ballistic Vest Program.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52710 Reimbursement check for purchased Ballistic Vests 8,544
TOTAL 8,544
ADDITIONAL COMMENTS:
The Wylie Police Department participates in the BPV program,where the department is responsible for the upfront costs associated with purchasing
ballistic duty vests for officers. Half of the expenses spent by the department are then reimbursed back to the department.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Reallocation of reimbursed funds to the Travel&Training Accounts for both the Wylie Police Department and Wylie Fire&Rescue Telecommunicator for
an annual allocation payment from Law Enforcement Officer Standards and Education. The Comptroller is directed by the Occupations Code,Section
1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education
of persons licensed under Chapter 1701, Occupations Code,which includes police officers and telecommunicators. By law these funds must be used
for the continuing education of persons licensed under Chapter 1701, Occupations Code. The total amount of funds were averaged out over all the
sworn officers and telecommunicators as of January 1,2016 and funds were then divided between both PD and FD. The total funds received were
$4.036.47.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 56210 Reimbursement Check from LEOSE 3,391
100 5241 56210 646
TOTAL 4,037
ADDITIONAL COMMENTS:
The reimbursement check is determined by the revenue received from citations to the State of Texas.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Reallocation of reimbursed funds to the Wylie Police Department Medical&Surgical Account#100-5211-52250 for Sane Exams expenses.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5211 52250 Reimbursement Check for Expensed Sane Exams 5,120
TOTAL 5,120
ADDITIONAL COMMENTS:
The Wylie Police Department is responsible for the upfront expenses of Sane Exams conducted for Wylie PD cases. The expenses are then reimbursed
by the state.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: No New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
The community of Inspiration is going to pay for our services. The revenue listed is for personnel cost the 4th qtr of the 2015-2016 fiscal year and the
purchase of a vehicle and equipment for an ALS squad.
ACCOUNT NO. DESCRIPTION AMOUNT
100 4000 43530 Revenue from Inspiration 194,544
TOTAL 194,544
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: No New personnel? Yes Salary Grade: F1A
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Personnel to staff a squad that will be housed at Fire Station 2. The unit will primarily run EMS calls in District 2,4,Town of St. Paul, and the community
of Inspiration. The squad will be staffed during peak demand hours.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5231 51110 Salary for 2 firefighters from July- September 24,216
100 5231 51XXX Benefits 16,928
100 5231 52710 Bunker Gear, Uniforms 10,000
100 5231 56040 Medical Physical and Psych 1,200
100 5231 56040 New Hire Testing Process 2,200
TOTAL 54,544
ADDITIONAL COMMENTS:
The goal is to have two firefighter/paramedics hired by July 1st. The salary and benefit costs were taken from the ELS we submitted and divided by four
to come up with a quarterly cost. Inspiration will pay for the cost plus a 15%administrative fee.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: No New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Vehicle and equipment for new ALS squad which will be housed at Fire Station 2. Once the unit is placed in service, it will primarily respond to EMS calls
in District 2,4,Town of St. Paul,and the community of Inspiration.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5231 58510 Squad Unit- Chevy 2500 4x4 Duramax Truck & Equip 65,000
100 5231 52130 Emergency Response Equipment 60,672
100 5231 54810 MDC, EMS Tablet, ICS and NetMotion License 14,328
TOTAL 140,000
ADDITIONAL COMMENTS:
Inspiration will pay for the full amount.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Donations received and deposited into city general fund. Request to allocate funds into Animal Control medical account.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5251 52250 Medical & Surgical 692
TOTAL 692
ADDITIONAL COMMENTS:
Monetary donations were received from citizens and then deposited through accounting into city general fund. These donations were made to assist
animals in the care of the Animal Control Division. Donations will be utilized to assist with medical fees for the annual "Clear the Shelter" nationwide
adoption event.Sterilization,vaccination and microchipping will increase adoption success of abandonded animals of the City of Wylie.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Local Wylie company, Pella Corporation, donated funds and time to make park improvements at Olde City Park in the fall of 2015. Pella donated
$2,500.00 to the City in September 2015 and then they donated time making actual park improvements in late 2015. Funds were expended in the current
FY for the park improvements,which included two tables and one bench, but the donation was accounted for in FY 14-15. Staff is requesting adding
$2,500.00 back to the current FY recreation supplies account since funds for the improvements were actually used in the current FY. These additional
funds would assist staff this spring in adding playground surfacing and baseball infield surfacing we typically budget for in this account.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5511 52610 Pella Corp. park improvement project at Olde City Park 2,500
TOTAL 2,500
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: No New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Donation from the Catholic Foundation for the Library from the estate of Rita and Truett Smith.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5551 56040 Special Services 4,980
TOTAL 4,980
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Based on preliminary estimates of the damages caused by the severe weather events that occurred on 3/23/2016 and 4/11/2016,staff is requesting to set
aside$700,000 of General Fund Fund Balance to cover the cost of repairs to the City's infrastructure. These funds will be allocated to specific
departments based on actual costs incurred at a later date.
ACCOUNT NO. DESCRIPTION AMOUNT
100 5181 56040 Costs Associated w/ Hail Storms 700,000
TOTAL 700,000
ADDITIONAL COMMENTS:
4B SALES TAX REVENUE FUND
STATEMENT OF REVENUES AND EXPENDITURES
CURRENT AMENDED
BUDGET PROJECTED OTHER BUDGET
2015-2016 PERSONNEL SAVINGS AMENDMENTS 2015-2016
REVENUES:
Sales Taxes 2,257,829 - - 2,257,829
Intergovernmental Revenues - - - -
Service Fees 657,500 - - 657,500
Interest&Miscellaneous 27,600 - 13,371 40,971
Total Revenues 2,942,929 - 13,371 2,956,300
OTHER FINANCING SOURCES:
Transfers from Other Funds - - 444,004 444,004
Use of 4B Sales Tax Revenue Fund-Fund Balance 260,000 - - 260,000
Total Other Financing Sources 260,000 - 444,004 704,004
Total Revenues&Transfer in 3,202,929 - 457,375 3,660,304
EXPENDITURES:
Community Service
4B Brown House 219,435 - - 219,435
4B Senior Activities 507,021 - 30,000 537,021
4B Parks 573,569 - - 573,569
4B Bart Peddicord 46,927 - - 46,927
4B Recreation Center 1,529,250 - - 1,529,250
Combined Services 556,930 - 50,000 606,930
Total Expenditures 3,433,132 - 80,000 3,513,132
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Prior to FY 2015-16, all financial activity at the Wylie Recreation Center was recorded in the Recreation Center Fund (Fund 125). Due to GASB standards,
beginning in October 2015,the Recreation Center Fund was closed and the Recreation Center was included as a department in the 4B Sales Tax
Revenue Fund (Dept 5625). The Recreation Center Fund's ending fund balance, as of September 30,2015, of$444,004.19 was then transferred into the
4B Sales Tax Revenue Fund (Fund 112).
ACCOUNT NO. DESCRIPTION AMOUNT
112 4000 49131 Transfer from Fund 125 (Recreation Center Fund) 444,004
TOTAL 444,004
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Wylie Advocates for Senior Activities donated$13,370.49 to the City for a PA system for the Wylie Senior Recreation Center. These funds will be added
to the revenue account in the 4B Fund for FY 2016.
ACCOUNT NO. DESCRIPTION AMOUNT
112 4000 48440 WASA Donation for PA system at Wylie Senior Rec. Center 13,371
TOTAL 13,371
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Wylie Advocates for Senior Activities(WASA)donated funds in the amount of$13,370.49 to the Wylie Senior Recreation Center in January 2016 for the
sole purpose of the funds being used for a PA system for the senior center. The total approximate cost for the system is$30,000, so additional funding
will be required to complete the project. Staff is requesting the entire$30,000 for the project during the mid-year budget process. The WASA donation
$13,370.49 is already accounted for in the 4B Revenues for the current FY.
ACCOUNT NO. DESCRIPTION AMOUNT
112 5613 52130 PA system equipment and parts 24,000
112 5613 56040 PA system Installation 6,000
TOTAL 30,000
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Based on preliminary estimates of the damages caused by the severe weather events that occurred on 3/23/2016 and 4/11/2016, staff is requesting to set
aside$50,000 of 4B Sales Tax Fund Fund Balance to cover the cost of repairs to the City's infrastructure. These funds will be allocated to specific
departments based on actual costs incurred at a later date.
ACCOUNT NO. DESCRIPTION AMOUNT
112 5000 56040 Costs Associated w/ Hail Storms 50,000
TOTAL 50,000
ADDITIONAL COMMENTS:
UTILITY FUND
STATEMENT OF REVENUES AND EXPENDITURES
CURRENT AMENDED
BUDGET PROJECTED OTHER BUDGET
2015-2016 PERSONNEL SAVINGS AMENDMENTS 2015-2016
REVENUES:
Service Fees 12,690,000 - - 12,690,000
Interest&Miscellaneous 58,500 - - 58,500
Total Revenues 12,748,500 - - 12,748,500
OTHER FINANCING SOURCES:
Transfers from Other Funds - - - -
Use of Utility Fund-Fund Balance 113,100 - - 113,100
Use of Fund Balance for Carry Over Items 235,000 - - 235,000
Total Other Financing Sources 348,100 - - 348,100
Total Revenues&Transfer in 13,096,600 - - 13,096,600
EXPENDITURES:
Utilities
Utility Administration 480,006 - - 480,006
Utility-Water 1,837,773 - 22,600 1,860,373
City Engineer 564,635 - - 564,635
Utility-Sewer 720,733 - - 720,733
Utility Billing 301,144 - 2,460 303,604
Combined Services 11,954,742 - 200,000 12,154,742
Total Expenditures 15,859,033 - 225,060 16,084,093
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? Yes Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
TCEQ is requiring that Public Water Systems to develop a Nitrification Action Plan Program.The City is required to collect and test the following
samples: Total Chlorine, Mono-Chloramine, Free Ammonia, Nitrites and Nitrates.The requested meter will allow testing for all of the listed parameters.
The cost of this meter was unanticipated at the time of submittal of the FY 16 budget. This meter was purchased in March 2016 with existing funds, and
the Division is requesting that the expense be accomodated by a budget amendment so that this line item is not prematurely depleted this fiscal year.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5712 52130 Nitrogen testing meter 2,800
TOTAL 2,800
ADDITIONAL COMMENTS:
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Increase requested to account for increased amount of water leaks requiring removal and replacement of concrete and asphalt.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5712 54210 Street Repairs due to Water Leaks 7,500
TOTAL 7,500
ADDITIONAL COMMENTS:
To date over 81 percent of the budgeted amount for this line has been used,and repair work is anticipated to remain at or above current levels.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Increase in overtime budget due to more after-hours work to repair water leaks and to perform meter reading tasks.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5712 51130 Increase in Overtime 10,000
611 5712 51XXX Increase in Taxes & Benefits 2,300
TOTAL 12,300
ADDITIONAL COMMENTS:
To date over 57 percent of the budget amount has been used. Usage is expected to remain at or above current levels.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Due to the increased workload brought about by the increase in activity by the meter service technicians(meter swaps, etc.),the Utility Billing
Department is requesting an increase in overtime for the utility billing clerks. With the increased workload it has become difficult to rely solely on Comp
Time to compensate our employees for working extra hours.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5715 51130 Increase in Overtime 2,000
611 5715 51XXX Increase in Taxes & Benefits 460
TOTAL 2,460
ADDITIONAL COMMENTS:
The increase in taxes and benefits(TMRS, FICA, &Medicare)associated with the increase in overtime is also accounted for in this request.
REQUEST FORM - MID YEAR BUDGET AMENDMENT FISCAL YEAR 2016
New Request: Yes New personnel? No Salary Grade:
Funds already expensed or received? No Change Level of current personnel? From: To:
PURPOSE/OBJECTIVE OF REQUEST:
Based on preliminary estimates of the damages caused by the severe weather events that occurred on 3/23/2016 and 4/11/2016, staff is requesting to set
aside$200,000 of Utility Fund Fund Balance to cover the cost of repairs to the City's infrastructure. These funds will be allocated to specific
departments based on actual costs incurred at a later date.
ACCOUNT NO. DESCRIPTION AMOUNT
611 5719 56040 Costs Associated w/ Hail Storms 200,000
TOTAL 200,000
ADDITIONAL COMMENTS:
al AA 1 Wylie City Council
..„ 4 AGENDA REPORT
.- •'ZxhF7 _•'
Meeting Date: April 26, 2016 Item Number: 2
Department: Police Department (City Secretary's Use Only)
Prepared By: Purchasing Account Code: 100-5211-58510
Date Prepared: 4/19/2016 Budgeted Amount: $0
Exhibits:
Subject
Consider and act upon purchase of eight (8) Chevrolet PPV Patrol Tahoe units from Reliable Chevrolet in the estimated
amount of$285,000, through a cooperative agreement with Tarrant County; and authorizing the City Manager to sign any
necessary documents.
Recommendation
A motion to approve the purchase of eight(8) Chevrolet PPV Patrol Tahoe units from Reliable Chevrolet in the estimated
amount of$285,000, through a cooperative contract with Tarrant County; and authorizing the City Manager to sign any
necessary documents.
Discussion
Previously, the General Motors Corporation/Chevrolet Division had made a business decision to significantly reduce the
production of pursuit rated Tahoe vehicles. This had eliminated the availability of dealer on-the-lot inventories and
created a nation-wide allocation system. Reliable Chevrolet has recently been given authorization by General Motors to
purchase inventory units, and has two (2)units on the lot and additional units on order (deadline for current model year is
June 2016). If the City chooses to wait until the new fiscal year, the ordering for new models will not open until
December 2016,thus delaying delivery into April 2017.
During the recent hail storm events of March 23 and April 11, 2016, 21 of the 25 marked units (Patrol and SRO) were
heavily damaged and many are out of service pending repairs. There are currently eight (8) Patrol units being utilized 24
hours/day compared to normal operations of 12 hours in use and 12 hours parked; impacting vehicle availability (Lake
Patrol, special events, major incidents), maintenance and longevity. There is also the potential for model years older than
2012 to be totaled by the City's risk pool provider (TMLIRP). These weather events coupled with the ordering
timeframes imposed by General Motors will impact the Police Department's ability to provide necessary services.
Therefore staff recommends the early purchase of eight (8) Chevrolet PPV Tahoe units (pursuit rated, black/white Patrol
units) in the estimated amount of$285,000. This purchase of vehicles will be in-lieu of the FY 2017 vehicle replacement
request of 6 Patrol units and 2 ELS Patrol units. The City is authorized to purchase from a cooperative purchasing
program with another local government or a local cooperative organization pursuant to Section 271 Subchapter F of the
Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids
for items. (Tarrant County Bid#2016-006/Wylie W2016-68-I)
(Rev 01/2014) Page 1 of 1
al AA 1 Wylie City Council
..:.k 4 AGENDA REPORT
Meeting Date: April 26, 2016 Item Number: 3
Department: City Manager (City Secretary's Use Only)
Prepared By: City Secretary Account Code:
Date Prepared: April 14, 2016 Budgeted Amount:
Resolution; Chronology leading
Exhibits: to filing of Show Cause
Subject
Consider, and act upon Resolution No. 2016-11(R) directing Oncor Electric Delivery Company, LLC to file certain
information with the City of Wylie; setting a procedural schedule for the gathering and review of necessary information in
connection therewith; setting dates for the filing of the city's analysis of the company's filing and the company's rebuttal to
such analysis; ratifying the hiring of legal counsel and consultants; reserving the right to require the reimbursement of the
City of Wylie's rate case expenses; setting a public hearing for the purposes of determining if the existing rates of Oncor
Electric Delivery Company are unreasonable or in any way in violation of any provision of law and the determination by
the City of Wylie of just and reasonable rates to be charged by Oncor Electric Delivery Company, LLC.; noting
compliance with open meetings law;providing notice of passage
Recommendation
Motion to approve Resolution No. 2016-11(R) directing Oncor Electric Delivery Company, LLC to file certain
information with the City of Wylie; setting a procedural schedule for the gathering and review of necessary information in
connection therewith; setting dates for the filing of the city's analysis of the company's filing and the company's rebuttal to
such analysis; ratifying the hiring of legal counsel and consultants; reserving the right to require the reimbursement of the
City of Wylie's rate case expenses; setting a public hearing for the purposes of determining if the existing rates of Oncor
Electric Delivery Company are unreasonable or in any way in violation of any provision of law and the determination by
the City of Wylie of just and reasonable rates to be charged by Oncor Electric Delivery Company, LLC.; noting
compliance with open meetings law;providing notice of passage
Discussion
Recent Public Utility Commission of Texas ("Commission")proceedings related to approval of conversion of Oncor into
a Real Estate Investment Trust ("REIT") resulted in the Commissioners' desire to share $200 million to $250 million in
annual federal income tax ("FIT") savings with Oncor ratepayers. Since the proceeding involving a change of ownership
and control of Oncor was not a rate case, the Commission had no jurisdiction to order a reduction in rates. The new
owners of Oncor indicated an intent to file a rate case in mid-2017 to become effective in 2018. Believing that a two year
wait to factor FIT savings into rates was too long to wait, the Steering Committee of Cities Served by Oncor decided to
initiate a rate case against Oncor.
Whereas Clauses Explained
Cities have original rate making jurisdiction over Oncor's rates and services within their municipal limits. The
Commission has original jurisdiction over the environs outside municipal limits and appellate jurisdiction over city rate
mailing orders.
As a regulatory authority, Cities that retain original jurisdiction may initiate rate making proceedings by filing a
Page 1 of 2
Page 2 of 2
Resolution requiring a public utility to show cause why rates should not be reduced.
The City works with other similar Oncor Cities on regulatory issues through the Steering Committee of Cities Served by
Oncor which has functioned continuously since 1988.
The Executive Committee of the Steering Committee recommends that member Cities pass show cause resolutions to
initiate a rate case so that Oncor rates may be reduced.
Resolved Sections Explained
Section 1, provides notice to Oncor that it is compelled to file information that would otherwise be required if the
Company filed a request to increase rates at the Commission by September 1, 2016. This Section requires that historic
data from calendar year 2015 be filed to demonstrate that its rates should not be reduced.
Section 2 authorizes Cities' representatives to file requests for information which shall be answered by Oncor within 15
days of receipt.
Sections 3 and 4 set other dates critical to the procedural process for rate setting. Cities' report will be due on October 13,
2016 and the Oncor rebuttal will be due November 10,2016.
Section 5 establishes that a hearing will occur and final order will be issued between November 15, 2016 and December
15, 2016.
Section 6 provides that the procedural schedule may be amended by the City and that other orders may be extended. For
example, once the REIT conversion is finalized, Cities may enter interim orders requiring a sharing of tax savings that
benefit ratepayers.
Section 7 authorizes the hiring of legal counsel and authorizes the Executive Committee to hire consultants.
Section 8 confirms that Cities will seek reimbursement of their rate making expenses from Oncor.
Section 9 confirms that the resolution was passed in compliance with Open Meeting laws.
RESOLUTION NO. 2016— 11(R)
DIRECTING ONCOR ELECTRIC DELIVERY COMPANY, LLC TO
FILE CERTAIN INFORMATION WITH THE CITY OF WYLIE, TEXAS;
SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND
REVIEW OF NECESSARY INFORMATION IN CONNECTION
THEREWITH; SETTING DATES FOR THE FILING OF THE CITY'S
ANALYSIS OF THE COMPANY'S FILING AND THE COMPANY'S
REBUTTAL TO SUCH ANALYSIS; RATIFYING THE HIRING OF
LEGAL COUNSEL AND CONSULTANTS; RESERVING THE RIGHT
TO REQUIRE THE REIMBURSEMENT OF THE CITY OF WYLIE'S
RATE CASE EXPENSES; SETTING A PUBLIC HEARING FOR THE
PURPOSES OF DETERMINING IF THE EXISTING RATES OF ONCOR
ELECTRIC DELIVERY COMPANY ARE UNREASONABLE OR IN ANY
WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE
DETERMINATION BY THE CITY OF WYLIE, TEXAS OF JUST AND
REASONABLE RATES TO BE CHARGED BY ONCOR ELECTRIC
DELIVERY COMPANY, LLC.; NOTING COMPLIANCE WITH OPEN
MEETINGS LAW; PROVIDING NOTICE OF PASSAGE
WHEREAS, the City of Wylie, Texas is a regulatory authority under the Public Utility
Regulatory Act ("PURA") and has original jurisdiction over the rates of Oncor Electric Delivery
Company, LLC ("Oncor") to determine if such rates are just and reasonable; and
WHEREAS, Sections 33.021, 36.003 and 36.151 of PURA empower a regulatory
authority, on its own motion or on a complaint by any affected person, to determine whether the
existing rates of any public utility for any service are unreasonable or in any way in violation of
any provision of law, and upon such determination, to determine the just and reasonable rates;
and
WHEREAS, the City of Wylie, Texas has reason to believe that Oncor is over-earning
and its rates are excessive; and
WHEREAS, the City of Wylie, Texas is a member of the Steering Committee of Cities
Served By Oncor; and
WHEREAS, the Executive Committee of the Steering Committee of Cities Served by
Oncor has recommended that cities pass a resolution that requires Oncor to show cause why its
transmission and distribution rates should not be reduced; and
WHEREAS, the City of Wylie, Texas, and the City Council of the City of Wylie, Texas
desires, on its own motion, to exercise its authority under Sections 33.021, 36.003 and 36.151 of
PURA; and
WHEREAS, a procedural schedule should be established for the filing of certain
information by Oncor, procedures to be followed to obtain and review information from Oncor,
the filing of an analysis of such information by the City, the filing of rebuttal information from
Oncor, and a public hearing at which time the City shall make a determination whether the
Resolution 2016-11(R)
Directing Oncor Electric Delivery Company,LLC
To File Certain Information With The City Of Wylie,Texas
existing rates of Oncor are unreasonable or are in any way in violation of any provision of law,
and if such rates should be revised, and just and reasonable rates determined for Oncor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1. This resolution constitutes notice of the City's intent to proceed with an
inquiry into the transmission and distribution rates charged by Oncor. On or before September
1, 2016, Oncor shall file with the City of Wylie, Texas information that demonstrates good cause
for showing that Oncor's transmission and distribution rates should not be reduced. Specifically,
Oncor shall file with the City of Wylie, Texas information for the test year beginning January 1,
2015 and ending December 31, 2015, regarding Oncor's cost of service elements, including, but
not limited to, the elements detailed by the Public Utility Commission as necessary for the filing
of a Statement of Intent to Change Rates. The test year may be updated for more current data
and shall be adjusted for known and measureable changes.
SECTION 2. City's designated representatives shall have the right to obtain additional
information from Oncor through the filing of requests for information, which shall be responded
to within fifteen (15) days from the receipt of such request for information.
SECTION 3. City's designated representatives shall file their analysis of Oncor's filing
and information on or before October 13, 2016.
SECTION 4. Oncor shall file any rebuttal to the analysis of City's representatives on or
before November 10, 2016. With its rebuttal, Oncor may present whatever additional
information it desires to defend its current rates.
SECTION 5. A public hearing shall be conducted by the City Council for the City of
Wylie, Texas during a regular council meeting scheduled between November 15 and December
15. At such hearing a representative of Oncor and a representative of the City of Wylie's
consultants will each be allowed to address the City Council and summarize previously filed
reports for no more than 15 minutes. Based upon such hearing, a determination of the
reasonableness of the existing rates of Oncor shall be made by the City Council and, if
necessary, just and reasonable rates shall be determined to be thereafter observed and enforced
for all services of Oncor within the City of Wylie, Texas.
SECTION 6. The City Council may, from time to time, amend this procedural schedule
and enter additional orders as may be necessary in the public interest and to enforce the
provisions hereof.
SECTION 7. Subject to the right to terminate employment at any time, the City of
Wylie, Texas hereby ratifies the Steering Committee's selection of Geoffrey Gay with the law
firm of Lloyd, Gosselink, Rochelle & Townsend as legal counsel to assist the City of Wylie,
Texas in its ratemaking and to prosecute any appeals to the Texas Public Utility Commission or
court. The Executive Committee of the Steering Committee of Cities Served by Oncor shall
retain appropriate consultants to prepare a report and make rate recommendations.
Resolution 2016-11(R)
Directing Oncor Electric Delivery Company,LLC
To File Certain Information With The City Of Wylie,Texas
2
SECTION 8. Fees and expenses of attorneys and consultants assisting the City in the
Steering Committee's review of the reasonableness of Oncor's rates will be processed through
the Steering Committee but the City reserves the right to seek reimbursement from Oncor
pursuant to the PURA Section 33.023.
SECTION 9. That it is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law, and that public
notice of the time, place, and purpose of said meeting was given all as required by Section
551.041, Texas Government Code.
SECTION 10. That a copy of this Resolution shall be sent to E. Allen Nye, Jr., Senior
Vice President, General Counsel and Secretary, Oncor Electric Delivery Company LLC, 1616
Woodall Rodgers Freeway, Dallas, Texas 75202, and to Geoffrey Gay, General Counsel to the
Steering Committee of Cities Served by Oncor, at Lloyd Gosselink Rochelle & Townsend, P.C.,
P.O. Box 1725, Austin, Texas 78767-1725.
AND IT IS SO ORDERED.
The above and foregoing resolution was passed and approved on this the 26th day of April, 2016,
by the following vote:
Ayes:
Nays:
Abstentions:
At regular meeting April 26, 2016.
MAYOR
ATTEST:
City Clerk
APPROVED:
City Attorney
1669/-n071297
Resolution 2016-11(R)
Directing Oncor Electric Delivery Company,LLC
To File Certain Information With The City Of Wylie,Texas
3
The following chronology might be helpful in explaining the background to the need for a show cause resolution
against Oncor to city officials. Geoffrey
2007 publicly traded TXU is taken private by investors who created Energy Future Holdings (EFH). As part of its
finding that the transaction was in the public interest, the Texas Public Utility Commission (PUC)required that
regulated Oncor be financially and structurally"ring-fenced" from the deregulated portions of TXU, i.e., Luminant
(generation company) and TXU Energy (REP) to avoid Oncor being drawn into bankruptcy.
2008-2014 EFH was saddled with more than $40 billion in debt which it could not pay. EFH had bet on natural gas
rates climbing from their 2007 highs. Since natural gas prices determine the marginal cost of electricity in the Texas
wholesale market, EFH could not make sufficient profits on the sale of electricity to meet its debt obligations.
April 29, 2014, EFH and more than 70 subsidiaries (excluding Oncor) file for bankruptcy in Delaware.
December 7, 2015, the bankruptcy court signs an Order approving EFH's Sixth Amended Joint Plan of
Reorganization which includes a plan to sell Oncor to a consortium of investors who would divide Oncor into two
companies and create a Real Estate Investment Trust(REIT) in order to provide Hunter Hunt sole control over
Oncor operations and allow REIT owners to capture all federal tax savings derived from the REIT structure.
September 29, 2015, Hunt and Purchasers file an application at the PUC for approval of a transaction that would
transfer ownership and control of Oncor and restructure the Company.
January 11-14, 2016, the PUC holds hearings on whether the proposed REIT transaction is in the public interest.
March 24, 2016, the PUC in a 2-1 vote approves the transaction subject to a number of conditions supported by
Cities to offset some inherent risks associated with the REIT structure. As part of the Commissioners discussions,
substantial attention was paid to the fact that REITs receive immediate,permanent exemption from federal taxation
to the extent that the REIT distributes income to owners. Hunt and Purchasers claimed their intent is to distribute
100% of income, thus avoiding the asset company(Oncor would be divided into an asset company and an operating
company with the operating company leasing assets from the asset company) having to pay any federal income
taxes.
Oncor is currently collecting from ratepayers somewhere between $200 million and $250 million annually from
ratepayers for presumed payments to the IRS. The two commissioners who voted in favor of the transaction with
conditions expressed beliefs that the tax savings should be shared with ratepayers. Since the case pending before the
Commission was not a rate case, the Commissioners could not reduce Oncor's rates.
The PUC can only initiate rate proceedings in areas where it has original jurisdiction - the environs areas outside
municipal limits. If there is to be any rate relief within municipal limits, Cities must either initiate a rate proceeding
by passing a show cause resolution or wait until a final order from the PUC in a case initiated by Oncor, which will
not occur before mid-2018.
Geoffrey M. Gay
Attorney
Lloyd Gosselink Rochelle&Townsend
512-322-5800(Telephone)
,f. % A Wylie City Council
: 'r----t
ice_- +
% .:.k 4 AGENDA REPORT
xtk .1;L 7e _f c
Meeting Date: April 26, 2016 Item Number: Work Session 1
Department: City Manager (City Secretary's Use Only)
Prepared By: Mindy Manson Account Code:
Date Prepared: April 20, 2016
Exhibits: 1
Subject
Work session and direction regarding possible parking restrictions for portions of the Cimarron Estates
Subdivision due to Wylie East Student parking.
Recommendation
Discussion
Both the City and the WISD have received numerous complaints from residents of Cimarron Estates, primarily
those living on Palmdale Drive regarding WEHS students parking on their street. In addition to the parking,
residents are concerned about students gathering, littering, speeding, parking illegally, and possible drug
activity. The WISD cannot force students to park on school property and some of these students through other
actions may have lost their right to park on school property.
Mayor Hogue, Councilwoman Culver and several members of staff met with some of the residents of the area in
question. The City Engineer ordered traffic and speed counts for Palmdale Dr., Jamestown Dr., and Glendale
Dr. which was received April 18th. Wylie PD has been out multiple times and the WISD has spoken with the
students and continues to reinforce the need to park at WEHS if possible. Ultimately, so long as the students
are legally parked there is very little recourse.
Several options are available including taking no action, adopting an ordinance prohibiting parking during
certain hours, and adopting an ordinance permitting resident-only parking. Resident-only parking requires a
system to document/register the residents and issuing some sort of decal or permit to display. Staff has obtained
samples of resident-only parking ordinances utilized by Highland Park and University Park, a summary of
which is attached.
(Rev 01/2014) Page 1 of 1
Residential Parking only—Sample Ordinance highlights
Highland Park
- Request must be initiated by a resident with a petition signed by 51%of property owners of
area of request (1 signature per property) along with a $300 fee.
- After city receives petition, city sends a notice and ballot to property owners. Ballots in support
from 75%of property owners must be received within 30 days in order for the request to be
considered for approval.
- If 75%support is received, a Public Hearing is scheduled and notices mailed to properties with
200' of proposed area.
- If approved, restricted parking for residents only from 5:00 a.m.—6:00 p.m. with city provided
permits
- Non-permitted vehicles are allowed to park in the area for a maximum of 2 hours
- Residents may obtain additional permits for guests
- Contractors may obtain permits for a fee
University Park
- No petition process included in their Ordinance
- Once approved, some areas are restricted to residents only between 6:00 a.m.—5:00 p.m. and
some are restricted between 8:00 a.m.—5:00 p.m.
- Temporary permits for parties/events must be obtained at least 24 hours prior to the event
- Residents are issued 2 temporary permits at no cost
- Permits are valid for 1 year and have to be renewed annually
al f.
A Wylie City Council
iyl_- •• +
•...:.k .4 ..IF AGENDA REPORT
Meeting Date: April 26, 2016 Item Number: Work Session 2
Department: City Manager (City Secretary's Use Only)
Prepared By: Mindy Manson Account Code:
Date Prepared: April 20, 2016
Exhibits: 3
Subject
Work session and direction regarding identifying possible priority highway/freeway projects contained in the
Mobility 2040 Transportation Plan.
Recommendation
Discussion
Collin County cities received correspondence from the Regional Transportation Council (RTC) requesting that
each city identify their top three priority highway/freeway projects contained in the Mobility 2040
Transportation Plan. Attached is a memo from the City Engineer, the priorities identified by the Collin County
Commissioners Court and excerpts from the Mobility 2040 Plan.
Staff is seeking direction regarding Council priorities of the identified projects.
(Rev 01/2014) Page 1 of 1
MEMORANDUM
TO: COUNCIL
FROM: CHRIS HOLSTED
SUBJECT: RTC LETTER—ADVANCING FREEWAY PROJECTS IN CC
DATE: 4/18/2016
CC: MINDY MANSON
Staff received a letter from the RTC dated March 25, 2016 in reference to advancing
freeway/highway projects in Collin County (attached). The letter requests that each city
in Collin County identify, and submit by April 15`h, three major freeway/highway type
projects that should advance through the environmental process. Due to the short time
frame of the submittal and the magnitude of the potential projects, the City Manager
requested more time to make the submittal.
On February 1, 2016 the Commissioners Court of Collin County approved a priority list
of Limited Access Roadways (see attached). The prioritized corridors are:
1. Highway 380
2. SH 78
3. North-South Corridor west of Lavon
4. Outerloop (from Denton County line east to US 75)
Staff's opinion is that the request by the RTC is to confirm if the cities in Collin County
are in agreement with the Commissioners Court priorities.
SH 78 and the north-south corridor west of Lavon will have a major impact on the City
of Wylie. Collin County is updating the population projections for the County and early
indications are that there will be a significant population increase over the previous
projection and specifically in the area east of Lake Lavon. Assuming the projections are
correct, there will be a need for additional capacity in the SH 78 corridor as was also
indicated in the traffic model for the Blacklands Corridor Feasibility Study. The County
is scheduled to present the results of the increased population on the traffic model in
June.
Staff is seeking direction on the RTC letter, as well as the Commissioners Court priority
list. Council could consider a resolution supporting the county project list or develop
alternate priorities for our area. Please contact myself or the City Manager if you have
any questions or would like to discuss in further detail.
RECEIVED
APR 0 1 2016
Regional Transportation Council
The Transportation Policy Body for the North Central Texas Council of �1 ao-f sHHE cal,MANAGER
(Metropolitan Planning Organization for the Dallas-Fort Worth R: -
TO: Collin County Judge, Mayors, Commissioners, DATE: March 25, 2016
City Managers, and Regional Transportation
Council Member Representatives
FROM: Michael Morris, P.E.
Kelly Selman, P.E.
SUBJECT: Advancing Freeway/Highway Projects in Collin County
The Regional Transportation Council approved Mobility 2040, the metropolitan transportation
plan for the Dallas-Fort Worth area on March 10, 2016. While population growth is an issue for
the entire region, growth is particularly rapid in Collin County. That fact, coupled with the
comparative lack of non-tolled highway type transportation facilities presents current and future
traffic congestion problems in the County.
As we look to implement projects from Mobility 2040, it is imperative that we begin working on
environmental studies now to be prepared for funding in the near term. This will be a
collaborative process amongst local governments, the Regional Transportation Council, and the
Texas Department of Transportation. At this time, we would like to ask each city in Collin
County to identify three candidate major freeway/h ghwayfype orQects that should advance
through the environmental rocess. Please respond back to Michael Morris or Key Selman by
Aprl- 2T16, with your entity's recommendations. Again, we are looking for three candidate
highway/freeway projects contained in the Mobility 2040 Plan, www.nctcog.org/mobility2040.
We look forward to working with elected officials and the community in Collin County to advance
needed transportation projects. Please let us know if you have any questions or concerns.
�'• s pc-
Michael Morris, P.E. James K. Selman, P.E.
Director of Transportation Dallas District Engineer
North Central Texas Council of Governments Texas Department of Transportation
AW:ch
P.0.Box 5888•Arlington,Texas 76005-5888•(817)695-9240•FAX(817)640-3028
http://www.notcog.org/trans
COURT ORDER NO. 2016- O -02-01
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Limited Access Roadways (LARs) Priority List—Commissioner Precinct 4
On February 1, 2016, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self County Judge, Presiding
Susan Fletcher Commissioner, Precinct 1
Cheryl Williams Commissioner, Precinct 2
Chris Hill Commissioner, Precinct 3
Duncan Webb Commissioner, Precinct 4
During such session the court considered a request for approval to recommend and support
the Limited Access Roadways (LARs) priority list.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval to recommend the following transportation corridors be prioritized, planned,
supported and funded as Limited Access Roadways (LARs): 1.) Highway 380 2.) Highway 78
3.) North-South Corridor west of Lavon and 4.) Outerloop (from Denton County line east to US
75) and the Court requests the Regional Transportation Council and TxDOT work with Collin
County in getting these priority projects planned, cleared and funded. Same is hereby
approved in accordance with the attached documentation.
Keith Self aunty Ju ge
aleCINEite
Susan er, o eelo ere Pct. 1
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Chris Hill, o �aa o c
ATTEST: .
dais.r Duncan °names one , et. 4
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Collin County, TEXAS
tlCcdata011commissioner courtlshepherdgell Word DatalCourt 20161COURT ORDERS102-01-16 Court1Signed141124-LAR Priority List 0201.doc
Major Roadway Recommendations
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March 2016
Designated Regionally Significant Arterials
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system and also provide access to and from local land uses.
March 2016
Funded Major Arterial Improvements
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March 2016
Illustrative Major Roadway Corridors for Future Evaluation
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March 2016
: 3 __
Office of the County Judge
4Jack Hatchell Admin Building
2300 Bloomdale Rd., Suite 4192
COUNTY C O L L I N C O U N T Y McKinney, Texas 75071
COUNTY
IlIr
Office 972-548-4631
Fax 972-548-4699
www.collincountytx.gov
,
April 20,2016
TO: Collin County Mayors
Dear Mayors:
The Commissioners Court of Collin County is greatly concerned about the future mobility of those who
will live and work in the many fine cities in Collin County as well as the rural areas of the County.The
Commissioners Court approved an updated Mobility Plan in 2014 which is used by the County,the cities,
TxDOT and others as a guide to assuring adequate future mobility. However, it became evident from this
update that current transportation planning is not adequate for the long term.
At our meeting on February 1, 2016, Commissioners Court concluded that one of the major elements }`
that has to be added to the Mobility Plan is more "limited access roadways" (LARs).Any type of smaller
roadway does not have the capacity needed to accommodate Collin County's growth.The
Commissioners Court adopted a Court Order(attached)that established their perspective of priority
LARs to be considered for inclusion into the Mobility Plan in the County as well as the Regional plan and
State plan.Also attached is a map identifying the corridors of the proposed LARS. The Court is
committed to working with the cities and all other transportation agencies in the County to implement
the priorities in this Court Order. Members of the Commissioners Court are available to present this
information to your City Council;just contact your Commissioner or the County Judge.
You received a letter dated March 25,2016,from Michael Morris (NCTCOG) and Kelly Selman (TxDOT)
asking for your recommendation of three major projects to advance through the environmental process.
Although they asked for our submissions by April 15,we have learned that this was not a rigid deadline.
If you have not submitted anything we encourage you to do so as soon as possible.
P
f ,
Finally our consultant is completing traffic projections for the population and employment when our
county is"built-out".This is critical to be able to determine what transportation facilities will be €
required and for us to make wise transportation decisions as we grow.We will be sharing this I
information with you soon and asking all the transportation agencies in the County to join together to
develop a "master plan"to guide us as we all implement our parts of the plan.
Thank you for your service to your city.We look forward to working with you as we provide for the
future residents and employees of our Cities and County.
:
Sincere) , I '
Keith Self
County Judge
cc: City Secretary/City Managers/Administrators
I
I I
,/
COURT ORDER NO. 2016- O9 i -02-01
THE STATE OF TEXAS
COUNTY OF COLLIN ff
Subject: Limited Access Roadways (LARs) Priority List—Commissioner Precinct 4
On February 1, 2016, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self County Judge, Presiding
Susan Fletcher Commissioner, Precinct 1
Cheryl Williams Commissioner, Precinct 2
Chris Hill Commissioner, Precinct 3
Duncan Webb Commissioner, Precinct 4
During such session the court considered a request for approval to recommend and support
the Limited Access Roadways (LARs) priority list.
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval to recommend the following transportation corridors be prioritized, planned, {
supported and funded as Limited Access Roadways (LARs): 1.) Highway 380 2.) Highway 78 °
3.) North-South Corridor west of Lavon and 4.) Outerloop (from Denton County line east to US 1
75) and the Court requests the Regional Transportation Council and TxDOT work with Collin i'
County in getting these priority projects planned, cleared and funded. Same is hereby
approved in accordance with the attached documentation. lj
C d # ii
1
kelth Self aunty Ju,ge
R
Susan er, o ss ere Pct 'I S.1E:IN .
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April 26th Hail Storm Update
Public Works
• Inspected and repaired traffic signals, school zone beacon lights, and signs.
• Moved furniture and equipment in PSB and from PSB to PW.
• Organized shop and yard to make room for additional personnel and equipment.
• Picked up storm debris.
• Assisted fleet with getting vehicles back to operating condition.
• Put out message boards at PSB for building closure.
• Assisted CWD with picking up bulk trash storm debris twice last week.
Parks and Recreation Divisions
• All fabric shade covers at Founders, Community, and Olde City Park are damaged. USA Shade has been
contacted to quote repair. TML adjuster has been provided with invoices and POs from original purchase of
bleacher covers at Founders and Community. Gametime is working on quoting a repair for the playgrounds at
OCP and Creekside Estates.
• Playgrounds damaged at Community Park, Friendship, and Birmingham Farm—holes in plastic slides. All
damaged slides have been removed until replacements come in and the playgrounds remain open.
• At south property line of Community Park, fallen tree into private property to the south in Twin Lakes is
straddling fence. Staff is making arrangements with homeowner to remove. Right of Entry documents have
been provided to homeowners, but have not been returned to the City yet. Parks staff may be able to remove
the tree once we have right of entry established.
• All sports field athletic lighting appears to be intact and functional. Some damage has been noted to the lights
on the old side of Community Park. The TML adjuster is aware, and NEMA 3 has been out to assess damage in
preparation for quoting a repair.
• All metal roofs in parks shade structures are dented. Gazebo roof at Olde City Park is damaged, but no holes.
• Brown House has broken windows on north side, and are covered up. Roof is tarped. Dehumidifies and blowers
set up and are running. Staff have moved to Parks Division offices to operate.
• Roof has been tarped at the Senior Rec Center. All ceiling tiles and water damaged dry wall has been removed.
All equipment i.e.tables/chairs have been covered in plastic. Senior center staff are working from Parks Division
offices or Wylie Recreation Center and daily programs moved to the Wylie Recreation Center. Staff is looking at
locations to place senior center activities for the summer.
• At the Senior Rec Center, windows for larger blue bus are on order, it is still out of service. The White bus is
back in service to make pick-ups to activities at the Wylie Recreation Center.
• At Bart Peddicord, all ceiling tiles and some dry wall has been removed. Dehumidifiers and blowers still going.
All activities held have been moved or cancelled through June 2016.
• Roof leaks have developed at the Parks Division office.
Municipal Court
• The Court is fully operational at City Hall and court dockets will be held in the Council Chambers. The Tuesday
5:30 p.m.trials will be held in the Recreation Center or Library and all defendants and witnesses will be notified
where to appear.
Vehicles
• Much glass work in City vehicles has been completed. There is a purchasing Council agenda item requesting
approval to purchase eight new Tahoes for the Police Dept. Six of these would have been replacements during
the FY 16-17 budget and two of them are new. As for other vehicle repairs, currently lights are the focus.
Bodywork will be looked at later.
Insurance
• TML is finishing their review of the PSB and working on their estimate for other buildings. They have brought in
two additional adjusters to look at parks and other smaller City facilities. One adjuster is handling the PSB,
Brown House, Bart Peddicord Center and Senior Recreation Center.
• We received a check from TML for$300,000 which is an advance on our claim settlement. TML personnel will
come here the first part of May to discuss claim settlement with City management.
Debris Removal
• CWD is supplying additional bulk trucks to pick up and dispose of storm debris. During the week they are
sending from one to three bulk trucks.The weekend is when they can make up some ground because they have
additional trucks and manpower free from routes. Saturday April 16th they had 10 trucks in town and picked up
over 100 tons of debris. Saturday April 23rd they had 15 trucks in town picking up debris.
Dispatch
• Dispatch has been stabilized in the BCFS command post
• We continue to work towards establishing a "permanent"temporary facility with a portable building
• We have pricing for the building and working on pricing to move phone lines, power, equipment, etc.
The PSB
• McCarthy Architecture (designed public works building, animal shelter remodel, senior center remodel) is
putting together a proposal to do an structural assessment of the Public Safety Building.
• The building has been dried -carpet and ceiling grid removed
• Foundation concerns need to be addressed
• Damage assessment on furniture is complete and waiting for approval from TML to dispose of or have their
contractor dispose
• Leaks in roof patched
Damage Assessment/Disaster Declaration
• BOAT continues the damage assessment
• Meeting with the State and SBA this week