Town Council & 4B EDC Board Joint Meeting

AGENDA

Town Council & 4B EDC Board Joint Meeting

Monday, April 13, 2026

5:00 pm Town Council

Town Hall

127 N Collins Rd.

Sunnyvale, TX 75182

A. Joint Meeting

B. Invocation

C. Pledge of Allegiance

D. Call Meeting to Order

E. Announcements and Acknowledgements

Pursuant to Texas Government Code Section 551.0415 the Mayor, Council and Staff may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; (6) announcements involving imminent threat to public health and safety.

F. Public Comment

The Town Council invites citizens to address the Town Council on any matter, except items on the agenda and public hearings that are included on the agenda. Comments related to items on the agenda and public hearings will be heard when the specific item/hearing starts. Citizen comments are limited to three (3) minutes, unless otherwise required by law. To address the Council, please fill out a Public Comment Card and submit it to a staff member prior to the Public Comment section on the agenda. The Council is not permitted to take any action or discuss any item not listed on the agenda. Council may choose to place the item on a future agenda.

G. Consent Agenda Items

1. Consider and act upon the minutes from the February 2, 2026 and March 23, 2026 meetings.

H. Discussion and Action Items

1. Discuss, consider and act upon a professional services agreement with Stantec Consulting Services, Inc. related to the update and development of the Sunnyvale Economic Development Strategic Plan, and authorize the Interim Town Manager to execute agreement in an amount not to exceed $55,000.00.

Stantec Professional Services Agreement

Proposed Scope of Work, Schedule and Budget

I. Adjourn

NOTE: The Town Council reserves the right to meet in Executive Session closed to the public at any time in the course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551, including §551.071 (private consultation with the attorney for the Town); §551.072 (purchase, exchange, lease or value of real property); §551.074 (personnel or to hear complaints against personnel); §551.076 (deployment, or specific occasions for implementation of security personnel or devices); and §551.087 (economic development negotiations). Any decision held on such matters will be taken or conducted in Open Session following the conclusion of the Executive Session.

The Town of Sunnyvale is committed to compliance with the Americans with Disabilities Act (ADA). Reasonable accommodations and equal access to communications will be provided to those who provide notice to the Town Secretary at 972-226–7177 at least 48 hours prior to the meeting.

Notice is hereby given that the Sunnyvale Town Council and the 4B Economic Development Board will conduct Joint Meeting on Monday, April 13, 2026 at the Sunnyvale Town Hall. The public is encouraged to attend the meeting. Email comments may also be submitted to rachel.ramsey@townofsunnyvale.org by 3 p.m. the day of the meeting. The link to the live stream of the meeting will be posted on Sunnyvale’s Facebook page Town of Sunnyvale – Government.

I hereby certify that the foregoing notice was posted at Town Hall, 127 N. Collins Rd., Sunnyvale, Texas and remained so posted continuously for at least three (3) business days preceding the scheduled date of said meeting:

Rachel Ramsey, MPA

Director of Administration/Town Secretary

Date Posted: Online: April 7, 2026 Bulletin Board: April 7, 2026

Time Posted: Online: 4:30 p.m. Bulletin Board: 4:30 p.m.

AGENDA Town Council & 4B EDC Board Joint Meeting Monday, April 13, 2026 5:00 pm Town Council Town Hall 127 N Collins Rd. Sunnyvale, TX 75182 A. Joint Meeting B. Invocation C. Pledge of Allegiance D. Call Meeting to Order E. Announcements and Acknowledgements F. Public Comment G. Consent Agenda Items 1. Consider and act upon the minutes from the February 2, 2026 and March 23, 2026 meetings. H. Discussion and Action Items Pursuant to Texas Government Code Section 551.0415 the Mayor, Council and Staff may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; (6) announcements involving imminent threat to public health and safety. The Town Council invites citizens to address the Town Council on any matter, except items on the agenda and public hearings that are included on the agenda. Comments related to items on the agenda and public hearings will be heard when the specific item/hearing starts. Citizen comments are limited to three (3) minutes, unless otherwise required by law. To address the Council, please fill out a Public Comment Card and submit it to a staff member prior to the Public Comment section on the agenda. The Council is not permitted to take any action or discuss any item not listed on the agenda. Council may choose to place the item on a future agenda. 1

1. Discuss, consider and act upon a professional services agreement with Stantec Consulting Services, Inc. related to the update and development of the Sunnyvale Economic Development Strategic Plan, and authorize the Interim Town Manager to execute agreement in an amount not to exceed $55,000.00. I. Adjourn Stantec Professional Services Agreement Proposed Scope of Work, Schedule and Budget NOTE: The Town Council reserves the right to meet in Executive Session closed to the public at any time in the course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551, including §551.071 (private consultation with the attorney for the Town); §551.072 (purchase, exchange, lease or value of real property); §551.074 (personnel or to hear complaints against personnel); §551.076 (deployment, or specific occasions for implementation of security personnel or devices); and §551.087 (economic development negotiations). Any decision held on such matters will be taken or conducted in Open Session following the conclusion of the Executive Session. The Town of Sunnyvale is committed to compliance with the Americans with Disabilities Act (ADA). Reasonable accommodations and equal access to communications will be provided to those who provide notice to the Town Secretary at 972-226–7177 at least 48 hours prior to the meeting. Notice is hereby given that the Sunnyvale Town Council and the 4B Economic Development Board will conduct Joint Meeting on Monday, April 13, 2026 at the Sunnyvale Town Hall. The public is encouraged to attend the meeting. Email comments may also be submitted to rachel.ramsey@townofsunnyvale.org by 3 p.m. the day of the meeting. The link to the live stream of the meeting will be posted on Sunnyvale’s Facebook page Town of Sunnyvale – Government. I hereby certify that the foregoing notice was posted at Town Hall, 127 N. Collins Rd., Sunnyvale, Texas and remained so posted continuously for at least three (3) business days preceding the scheduled date of said meeting: Rachel Ramsey, MPA Director of Administration/Town Secretary Date Posted: Online: April 7, 2026 Bulletin Board: April 7, 2026 Time Posted: Online: 4:30 p.m. Bulletin Board: 4:30 p.m. 2

PROFESSIONAL SERVICES AGREEMENT Page 1 Z:\0ProjDev-SunnyvaleTX-EconomicDevelopmentStrategy\Sunnyvale Economic Development Strategic Plan - Draft Contract.dotm This Agreement is made and entered into effective March 23, 2026 (the “Agreement Date”) by and between: “Client” Name: Town of Sunnyvale Address: 127 N. Collins Road, Sunnyvale, TX 75182 Phone: 972-203-4164 Representative: Surupa Sen, AICP Director of Planning and Development Email: surupa.sen@townofsunnyvale.org “Stantec” Name: Stantec Consulting Services Inc. Address: 733 Marquette Ave, Suite 1000 Phone: 612-712-2154 Representative: Thomas Leighton, Senior Urban Planner and Economic Development Specialist Email: tom.leighton@stantec.com Sunnyvale Economic Development Strategic Plan (the “Project”): DESCRIPTION OF WORK: Stantec shall render the services described in Attachment “A” (hereinafter called the “Services”) in accordance with this Agreement. Stantec may, at its discretion and at any stage, engage subconsultants to perform all or any part of the Services. The Client and Stantec by written amendment to this Agreement may from time to time make changes to the Services. All changed work shall be carried out under this Agreement. The time for completion of the Services shall be adjusted accordingly. COMPENSATION: Charges for the Services rendered will be made in accordance with the Contract Price indicated in Attachment “A”, or, if no Contract Price is indicated, in accordance with Stantec’s Schedule of Fees and Disbursements in effect at the time the Services are rendered. Invoices shall be paid by the Client in the currency of the jurisdiction in which the Services are provided without deduction or setoff within 28 days of receipt. Failure to make any payment when due is a material breach of this Agreement and will entitle Stantec, at its option, to suspend or terminate this Agreement and the provision of the Services. Interest will accrue on accounts overdue at the lesser of 1.5 percent per month (18 percent per annum) or the maximum legal rate of interest. The Client will make electronic payment of the invoices, the details of which can be obtained or verified by contacting ar@stantec.com. REPRESENTATIVES: Each party shall designate in the space provided above a representative who is authorized to act on behalf of that party and receive notices under this Agreement. Such representatives have complete authority to act on behalf of their principals in respect to all matters arising under this Agreement. NOTICES: All notices, consents, and approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party. All notices required by this Agreement to be given by either party shall be deemed to be properly given and received within two (2) business days if made in writing to the other party by certified mail or email, addressed to the regular business address of such party as identified above. CLIENT’S RESPONSIBILITIES: The Client shall provide to Stantec in writing, the Client's total requirements in connection with the Project, including the Project budget and time constraints. The Client shall make available to Stantec all relevant information or data pertinent to the Project which is required by Stantec to perform the Services. Stantec shall be entitled to rely upon the accuracy and completeness of all information and data furnished by the Client, including information and data originating with other consultants employed by the Client whether such consultants are engaged at the request of Stantec or otherwise. Where such information or data originates either with the Client or its consultants then Stantec shall not be responsible to the Client for the consequences of any error or omission contained therein. When requested by Stantec, the Client may engage specialist consultants directly to perform items of work necessary to enable Stantec to carry out the Services. These services shall be be provided under direct contracts to the Client unless expressly provided otherwise. The Client shall give prompt consideration to all documentation related to the Project prepared by Stantec and whenever prompt action is necessary shall inform Stantec of Client’s decisions in such reasonable time so as not to delay the schedule for providing the Services. When applicable, the Client shall arrange and make provision for Stantec’s entry to the Project site as well as other public property as necessary for Stantec to perform the Services. The Client shall obtain any required approvals, licenses and permits from governmental or other authorities having jurisdiction over the Project so as not to delay Stantec in the performance of the Services. 3

PROFESSIONAL SERVICES AGREEMENT Page 2 Z:\0ProjDev-SunnyvaleTX-EconomicDevelopmentStrategy\Sunnyvale Economic Development Strategic Plan - Draft Contract.dotm STANTEC’S RESPONSIBILITIES: Stantec shall furnish the necessary qualified personnel to provide the Services. Stantec represents that it has access to the experience and capability necessary to and agrees to perform the Services with the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services at the time when and the location in which the Services were performed. This undertaking does not imply or guarantee a perfect Project and in the event of failure or partial failure of the product or the Services, Stantec will be liable only for its failure to exercise diligence, reasonable care, and professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure Stantec’s performance. There are no other representations or warranties expressed or implied made by Stantec. In particular, but not by way of limitation, no implied warranty of merchantability or fitness for a particular purpose shall apply to the Services provided by Stantec nor shall Stantec warrant or guarantee economic, market or financial conditions, proforma projections, schedules for public agency approvals, or other factors beyond Stantec’s reasonable control. In performing the Services under this Agreement, Stantec shall operate as and have the status of an independent contractor and shall not act as or be an employee of the Client. Client and Stantec agree that Stantec is and shall perform the Services as an independent contractor and not as an employee or agent of Client, and nothing in this Agreement creates nor shall be construed to create an employer-employee relationship, a joint venture relationship, a joint enterprise, or to allow Client to exercise discretion or control over the manner in which Stantec performs and provides the Services. Stantec is solely responsible for the means and methods used in performing its services under this Agreement. Accordingly, Stantec, its employees, agents and subconsultants shall not be considered employees or agents of the Client. TERMINATION: Either party may terminate this Agreement without cause upon thirty (30) days’ notice in writing. If either party breaches this Agreement, the non-defaulting party may terminate this Agreement after giving seven (7) days’ notice to remedy the breach. On termination of this Agreement, the Client shall forthwith pay Stantec for the Services performed to the date of termination. Non-payment by the Client of Stantec’s invoices within 30 days of Stantec rendering same is agreed to constitute a material breach of this Agreement and, upon written notice as prescribed above, the duties, obligations, and responsibilities of Stantec are terminated. SUSPENSION OF SERVICES: If the project is suspended for more than thirty (30) calendar days in the aggregate, Stantec shall be compensated for services performed and charges incurred prior to receipt of notice to suspend. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension. If the Project is suspended for more than ninety (90) days, Stantec may, at its option, terminate this agreement upon giving notice in writing to the Client. ENVIRONMENTAL: Except as specifically described in this Agreement, Stantec’s field investigation, laboratory testing and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater. Where the Services include storm water pollution prevention (SWPP), sedimentation or erosion control plans, specifications, procedures or related construction observation or administrative field functions, Client acknowledges that such Services proposed or performed by Stantec are not guaranteed to provide complete SWPP, sedimentation or erosion control, capture all run off or siltation, that any physical works are to be constructed and maintained by the Client’s contractor or others and that Stantec has no control over the ultimate effectiveness of any such works or procedures. In the prosecution of work, Stantec will take reasonable precautions to avoid damage to subterranean structures or utilities. However, it is the responsibility of the Client to provide Stantec with assistance in locating underground structures and utilities in the vicinity of any construction, exploration, or investigation. Stantec shall also rely upon third party sources in order to determine the existence and location of any underground structures and utilities of any kind. The Client acknowledges and agrees that Stantec may rely on such third-party advice, so long as such third party is, in Stantec’s opinion, a reasonable source for such information, without any requirement that Stantec shall make an independent evaluation or investigation of such underground structures and utilities. If neither party can confirm the location of such structures and utilities, the Client agrees to accept all liabilities, costs, expenses and damages, whether direct, indirect, economic, punitive, incidental, special, exemplary or consequential, associated with the repair, replacement or restoration of any damages to such structures and utilities caused by Stantec or its subcontractor(s) or subconsultant(s) in the performance of the Services. BUILDING CODES, BYLAWS AND OTHER PUBLIC REGULATIONS: Stantec shall, to the best of its ability, interpret building codes, by-laws, and other public regulations as they apply to the Project and as they are published at the time Services commence. Furthermore, Stantec shall observe and comply with all applicable laws, ordinances, codes, and regulations of government agencies, including federal, state, provincial, municipal, and local governing bodies having jurisdiction over the conduct of the Services (“LAWS”). However, it is expressly acknowledged and agreed by the Client that as the Project progresses such building codes, by-laws, other public regulations, and LAWS may change or the interpretation of any public authority may differ from the interpretation of Stantec, through no fault of Stantec, and any extra costs necessary to conform to such changes or interpretations during or after execution of the Services will be paid by the Client. Stantec shall continue to provide equal employment opportunity to all qualified persons and to recruit, hire, train, promote and compensate persons in all jobs without regard to race, color, religion, sex, age, disability or national origin or any other basis prohibited by applicable laws. COST AND SCHEDULE OF CONSTRUCTION WORK: In providing opinions of probable cost and project schedule, it is recognized that neither the Client nor Stantec has control over the costs of labor, equipment, or materials, or over the Contractor’s methods of determining prices or time. The opinions of probable cost or project duration are based on 4

PROFESSIONAL SERVICES AGREEMENT Page 3 Z:\0ProjDev-SunnyvaleTX-EconomicDevelopmentStrategy\Sunnyvale Economic Development Strategic Plan - Draft Contract.dotm Stantec’s reasonable professional judgment and experience and do not constitute a warranty, express or implied, that the Contractors’ bids, project schedules, or the negotiated price of the Work or schedule will not vary from the Client’s budget or schedule or from any opinion of probable cost or project schedule prepared by Stantec. Exact costs and times will be determined only when bids have been received for the Project and when the construction work has been performed and payments finalized. ADMINISTRATION OF CONSTRUCTION CONTRACTS: When applicable, Stantec shall provide field services during the construction of the Project only to the extent that such Services are included and defined in this Agreement. The performance of the construction contract is not Stantec’s responsibility nor are Stantec’s field services rendered for the construction contractor's benefit. It is understood and agreed by the Client and Stantec that only work which has been seen during an examination by Stantec can be said to have been appraised and comments on the balance of any construction work are assumptions only. When field services are provided by Stantec, the authority for general administration of the Project shall reside with Stantec only to the extent defined in this Agreement. In such case, Stantec shall coordinate the activities of other consultants employed by the Client, only to the extent that Stantec is empowered to do so by such other consultants’ contracts with the Client. Stantec shall not be responsible for any contractor’s failure to carry out the work in accordance with the contract documents nor for the acts or omissions of any contractor, subcontractor, any of their agents or employees, or any other persons performing any of the work in connection with the Project. When field services are provided, no acceptance by Stantec of the work or services of a construction contractor or other consultants, whether express or implied, shall relieve such construction contractor or other consultants from their responsibilities to the Client for the proper performance of such work or services and further, Stantec shall not be responsible to the Client or to the construction contractor or to the other consultants for the means, methods, techniques, sequences, procedures and use of equipment of any nature whatsoever, whether reviewed by Stantec or not, which are employed by the construction contractor or the other consultants in executing, designing, or administering any phases of the Project, or for placing into operation any plant or equipment or for safety precautions and programs incidental thereto. When field services are provided, Stantec will not be designated as the party responsible for the compliance by others on the construction work site with the purposes or requirements of applicable environmental, occupational health and safety, or similar legislation. The Client shall designate a responsible party, other than Stantec, for the coordination and performance of environmental, occupational health and safety activities on the construction work site as required by applicable legislation and associated regulations. JOBSITE SAFETY: Neither the professional activities of Stantec, nor the presence of Stantec or its employees and subconsultants at a construction site, shall relieve the Client and any other entity of their obligations, duties and responsibilities with respect to job site safety. Subject only to applicable legislation, Stantec and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. INDEMNITY: Stantec shall and does hereby agree to indemnify, hold harmless and defend the Client, its officers, agents, and employees against liability for damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Stantec, Stantec’s agent, consultant under contract, or another entity over which the Stantec exercises control. INSURANCE: Stantec shall procure and maintain insurance for protection from workers’ compensation claims, claims for damages because of bodily injury, including personal injury, sickness, disease, or death, claims or damages because of injury to or destruction of property, including loss of use resulting therefrom, and claims of errors and omissions DOCUMENTS: All documents prepared by Stantec or on behalf of Stantec in connection with the Project are instruments of service for the execution of the Project. Stantec retains the property and copyright in these documents, whether the Project is executed or not. Payment to Stantec of the compensation prescribed in this Agreement shall be a condition precedent to the Client's right to use documentation prepared by Stantec. The Client shall have a permanent non- exclusive, royalty-free license to use any concept, product or process which is patentable or capable of trademark, produced by or resulting from the Services rendered by Stantec in connection with the Project, for the life of the Project. The Client shall not use, infringe upon, or appropriate such concepts, products or processes without the express written agreement of Stantec. Stantec cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format (“Electronic Files”). SOVERIGN IMMUNITY: Notwithstanding any other provision of this Agreement, nothing in this Agreement shall or may be deemed to be, or shall or may be construed to be, a waiver or relinquishment of any immunity, defense, or tort limitation to which Client, its officials, officers, employees, representatives, and agents are or may be entitled, including, without limitation, any waiver of immunity to suit. PROJECT PROMOTION: Where the Client has control or influence over construction signage, press releases and/or other promotional information identifying the project (“Project Promotion”), the Client agrees to include Stantec in such Project 5

PROFESSIONAL SERVICES AGREEMENT Page 4 Z:\0ProjDev-SunnyvaleTX-EconomicDevelopmentStrategy\Sunnyvale Economic Development Strategic Plan - Draft Contract.dotm Promotion. FORCE MAJEURE: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or contemplation of either party. Nothing herein relieves the Client of its obligation to pay Stantec for services rendered. GOVERNING LAW: This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas. If legal action is necessary to enforce this Agreement, exclusive venue will lie in Dallas County, Texas. DISPUTE RESOLUTION: If requested in writing by either the Client or Stantec, the Client and Stantec shall attempt to resolve any dispute between them arising out of or in connection with this Agreement by entering into structured non-binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the parties. The Parties agree that any actions under this Agreement will be brought in the appropriate court in the jurisdiction of Governing Law, or elsewhere by mutual agreement. Nothing herein however prevents Stantec from any exercising statutory lien rights or remedies in accordance with legislation where the project site is located. Nothing herein prevents Client from exercising any rights or remedies available under law. ATTORNEYS FEES: In the event of a dispute hereunder, the prevailing party is entitled to recover from the other party all costs incurred by the prevailing party in enforcing this Agreement and prosecuting the dispute, including reasonable attorney’s and expert’s fees, whether incurred through formal legal proceedings or otherwise. ASSIGNMENT AND SUCCESSORS: The Parties shall not, without prior written consent, assign