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CP 2007-09-25 (3) NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 25, 2007 DOUG STOVER, Mayor BRIANNA HINOJOSA-FLORES, Mayor Pro Tem Place 3 TIM BRANCHEAU, JAYNE PETERS, MARSHA TUNNELL, Place 1 Place 2 Place 4 BILLY FAUGHT, MARVIN FRANKLIN, BILL YORK, Place 5 Place 6 Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Work Session Immediately Following Bd/Comm Reception 6:00 p.m. - 7:00 p.m. Regular Session 7:00 p.m. Executive Session Immediately Following Council Chambers 1 st FI. Cont. Room Atrium Council Chambers 1 st FI. Cont. Room (Open to the Public) (Open to the Public) (By Invitation Only) (Open to the Public) (Closed to the Public) Notice is hereby given that the City Council of the City of Coppel!, Texas will meet in Regular Called Session on Tuesday, September 25, 2007, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., with Executive Session immediately following, to be held at Town Center, 255 Parkway Boulevard, Coppel!, Texas. As authorized by Section 551.071 (2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ag092507 Page 1 of 6 ITEM # ITEM DESCRIPTION 1 . Call to order. WORK SESSION (Open to the Public) 2. Convene Work Session A. Discussion regarding up-coming meetings. B. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:00 PM TO 7:00 PM. REGULAR SESSION (Open to the Public) 3. Convene Regular Session. 4. Invocation. 5. Pledge of Allegiance. 6. Consideration of rescinding action regarding the appointment of individuals to the Coppell Education Development Corporation taken at the September 11, 2007 meeting, and consideration of appointment of incumbents to said Corporation. 7. Swearing in of newly appointed Board/Commission/Committee members. 8. Report by Keep Coppell Beautiful. 9. Citizens' Appearances. ag092507 Page 2 of 6 ITEM # ITEM DESCRIPTION CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: September 11, 2007. B. Consider approval of renewing the service agreement with Motorola, Inc. for the maintenance of all city radios and the communication network in the amount of $60,166.68; and authorizing the City Manager to sign. C. Consider approval of a grant for technology in the amount of $139,550 for literacy between Carrollton/Farmers Branch lSD, the city of Coppel!, and the Coppell Education Development Corporation, and authorizing the City Manager to sign. D. Consider approval of a grant for technology in the amount of $54,525 for technology between Carrollton/Farmers Branch lSD, the city of Coppel!, and the Coppell Education Development Corporation, and authorizing the City Manager to sign. E. Consider approval of an agreement for the architectural services of J. Stuart Todd, Inc., for the Rolling Oaks Cemetery in an amount not to exceed $135,000 and authorizing the City Manager to sign. F. Consider approval of a professional services agreement with Brinson Benefits, Inc. for benefit consulting services and other health and wellness related services in the amount $117,839.00 and authorizing the City Manager to sign. END OF CONSENT 11. Consider approval of Supplemental Agreement #1 To Interlocal Cooperation Agreement Regarding SH-121 Dated February 1, 2000 to allow for the refund of $1,200,000.00 previously paid for SH-121; and authorizing the Mayor to sign. 12. Consider approval of the Annual Report from the Coppell Education Development Corporation. ag092507 Page 3 of 6 ITEM # ITEM DESCRIPTION 13. Consider approval of a new Tax Abatement Policy for the City of Coppell to take effect on October 1, 2007. 14. Consider approval of a tax incentive policy for Old Town Coppell to take effect on October 1, 2007. 15. Consider approval of Council goals for 2007. 16. Mayor and Council Reports. A. Report by Mayor Stover regarding the "Dig for a Cure" held on September 22nd. B. Report by Councilmember Faught regarding Grapefest. C. Report by Councilmember Tunnell regarding National League of Cities. D. Report by Councilmember Tunnell regarding Economic Development Steering Committee Meeting. 17. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Tunnell. B. CoppelllSD - Councilmembers Peters and Faught. C. Coppell Seniors - Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Mayor Pro Tem Hinojosa- Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) - Councilmember Brancheau G. Metrocrest Hospital Authority - Councilmember Tunnell. H. Metrocrest Medical Foundation - Councilmember Tunnell. I. Metrocrest Medical Services - Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center - Councilmember Tunnell. K. North Texas Council of Governments - Councilmember Brancheau. L. NTCOG/Regional Emergency Management - Councilmember Franklin. M. North Texas Commission - Councilmember York. N. Senior Adult Services - Councilmember Faught. EXECUTIVE SESSION (Closed to the Public) 18. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. ag092507 Page 4 of 6 ITEM # ITEM DESCRIPTION B. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No.3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 st District Court. 2. Seek legal advice from the City Attorney regarding applicability of City of Coppell Zoning Ordinance and actions of the Planning and Zoning Commission. Section 551.087, Texas Government Code Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. Section 551.074, Texas Government Code - Personnel Matters. 1. Deliberation regarding City Manager Evaluation. C. 19. Necessary action resulting from Work Session. 20. Necessary action resulting from Executive Session. Adjournment. Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 21 st day of September, 2007, at Libby Ball, City Secretary ag092507 Page 5 of 6 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TOO 1-800-RELA y, TX 1-800-735-2989). ag092507 Page 6 of 6 Economic Development . Promote highest and best use of Lesley tract ..- : ~~~~~~,~:~~~i~::i~~~~:act development options . Assess use/sale/acquisition of City property . Develo strate to attract and retain hi h value office/retail/develo ment Quality Public Facilities & Infrastructure . Explore funding sources for IMF . Implement ~-cent sales tax reallocation for parks . Continue focus on local/regional transportation efforts . Provide ualit ark and recreation facilities Excellent City Services & High Citizen Satisfaction . Continue strategic planning for future costs of service delivery . Timely response with quality service delivery . Optimize citizen communication efforts . Promote citizen involvement . Activel artici ate in the Ie islative rocess Sense of Community . Develop and support community special events . Encourage and evaluate teen initiatives . Reassess viability of City cemetery . Evaluate services and programs for senior citizen community . Continue support for social services benefiting Coppell citizens . Continue artnershi with ublic entities servin our communit Fiscal Stability . Continue and refine financial planning and forecasting . Continue systematic management of debt and expenditures . Balance expenditures with ability to maintain over time . Perform cost analysis on all approved projects and programs prior to implementation . Minimize otential im act of external factors and develo ments Neighborhood Integrity & Code Enforcement . Maintain communication with neighborhoods and the community . Update Master Plan and Zoning as required . Continue proactive neighborhood integrity programs Safe Community . Maintain and improve existing excellent level of service . Continue focus on Homeland Security . Provide quality public education programs . Continue traffic/speed control efforts ............. IIII ~ Ba o KEY TO COUNCIL GOALS ICONS 2007 THE.CITY.OF AGENDA REQUEST FORM COPPELL DATE: September 25, 2007 ITEM #: WS- 2 WORK SESSION A. Discussion regarding up-coming meetings. B. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn THE.CITY.OF DEPT: City Manager September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM #: 6 D WORK SESSION D CONSENT I ~ I REGULAR ITEM TYPE: PROCEDURAL ITEM CAPTION: Consideration of rescinding action regarding the appointment of individuals to the Coppel! Education Development Corporation taken at the September 11 , 2007 meeting, and consideration of appointment of incumbents to said Corporation. GOAL(S): - EXECUTIVE SUMMARY: There was a mistake made regarding two incumbents who were supposed to be reappointed considering the short life span of this corporation, and in the confusion four new individuals were appointed. FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends reappointment of the two incumbents. . Libby Ball 2007.10.23 12: 13:58 -05'00' 11CEDcappointment THE.CITY.OF DEPT: City Secretary September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM #: 7 WORK SESSION CONSENT REGULAR ITEM TYPE: PROCEDURAL ITEM CAPTION: Swearing in of newly appointed Board/Commission/Committee members. GOAL(S): EXECUTIVE SUMMARY: Board members appointed at the September 11 / 2007 City Council meeting will be sworn into office. FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: No action necessary. rin AGENDA REQUEST FORM THE.CITY.OF COPPELL DEPT: DATE: City Secretary September 25, 2007 ITEM #: 8 D WORK SESSION D CONSENT I ~ I REGULAR ITEM TYPE: REPORT ITEM CAPTION: Report by the Keep Coppell Beautiful Board. GOAL(S): 1111 EXECUTIVE SUMMARY: The semi-annual report will be made by a member of the Keep Coppell Beautiful Board. FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: No action necessary on this item. %boardreport THE.CITY.OF AGENDA REQUEST FORM COPPELL ~~~i ~" ~\ ,_~~~__'C' ~- -Il .<\' / A. S DATE: September 25, 2007 ITEM #: 9 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS " 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc THE.CITY.OF AGENDA REQUEST FORM COPPELL DEPT: DATE: City Secretary September 25, 2007 ITEM#: 10/A D WORK SESSION [(] CONSENT D REGULAR ITEM TYPE: PROCEDURAL ITEM CAPTION: Consider approval of minutes: September 11 / 2007. GOAL(S): III EXECUTIVE SUMMARY: Minutes of the City Council meeting held on September 11/ 2007. FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval. . Libby Ball 2007.10.23 12:14:25 -05'00' %minutes MINUTES OF SEPTEMBER 11,2007 The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 11, 2007, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Brianna Hinojosa - Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Billy Faught, Councilmember Bill York, Councilmember Councilmembers Tunnell and Franklin were absent from thRJ.lleeting. .Also present were City Manager Jim Witt, City Secretary Libby Ball al1dCity~tt()fIley Robert Hager. 1. Call to order. Mayor Stover called the Illeetingto order, determined that a C!uorum was present<[lIld convened.int()EJxecl1tive Se$$iQIl. EXECUTIVE SESSION (Closed>to the Public) 2. Convene Executive Session A. Sectioll 551.071, Texas Government Code - Consultation with City1\.ttorney. 1. The (Jity of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. Regulation of Group Homes. B. Section 551.087, Texas Government Code Economic Development Negotiations. cm091107 Page 1 of 1 7 1. ED Prospects West of BeltlinelDenton Tap and south of Bethel Road. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:34 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding proposal from Oncor ~1~ctri~l)elivery for the installation of street lights in thellledian)of>Parkway Boulevard from Graham Drive west to N ortI1Copp~llJR,()ad. B. Discussion regarding the naming of thep:r.-()pos~d.) Grapevine Springs Senior/Community Center. C. Discussion regarding Board/Commission Appointmellts. D. Discussion of Agenda Items. thePl.lblic) REGULAR SESSION 4. (Jonvene JR,egular Session. 5. Invocation. Pastor DalePatters()I1 of Hackberry Creek Church led those present in the Invocation. 6. PI~d.ge<of Allegiance with the Color Guard presented by the Coppell F'fre...Department. The Color Guard was presented by the Coppell Fire Department in memory of9/11/01 and the Pledge of Allegiance was led by Mayor Stover. 7. Consider approval of a proclamation naming the week of September 17 through 23, 2007 as CONSTITUTION WEEK, and authorizing the Mayor to sign. cm091107 Page 2 of 1 7 Presentation: Mayor Stover read the Proclamation for the record and presented the same to Reba Park and Sue Riddle. Action: Councilmember Peters moved to approve a proclamation naming the week of September 17 through 23, 2007 as CONSTITUTION WEEK, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of th~l11otiQI1. 8. Citizens' Appearances. A. Thomas Burrows, 138 Wynnpage, spoke to (JoUl1cil regarding mineral rights; garbage and trash around th~>Gity. CONSENT AGENDA 9. O()l1.sid.~r~pprovalofthe. followiqgcoll.selltagenda.items: A. Consid.er approval of m.in.lltes: .t\.ugust 28, 2007. B. Consid.er approval of a. Resolution amending Resolution No. 0109fj6.3, as} heretofore amended, with regard to zoning fees, libra.Ij fees, engineering fees and recreational fees and autIh.orizingthe Mayor to sign. C. Consider approval of awarding bid #RFP0089-City of Coppell Medical Plan Stop Loss Insurance to Aetna Signature Administrators in the amount of $311,285.00 and authorizing the City Manager to sign. D. Consider approval of a professional services agreement with Fiserv Health Services to provide third party health claim administration for the City of Coppell Health Benefit Plan in the amount of $132,552.00 and authorizing the City Manager to sign. cm091107 Page 3 of 1 7 E. Consider approval of an Ordinance for Case No. PD-228- HC, Vista Ridge Retail, zoning change from HC (Highway CommerciaD to PD-228- HC (Planned Development-228- Highway CommerciaD to establish a Concept Plan for retail and restaurant uses on 14.8 acres of property, and to attach a Detail Site Plan to allow the development of a grocery store with restaurant, convenience store with fuel sales & drive-through and retail uses on approximately 11 acres of property, located at the northeast corner of S.H. 121 and Denton Tap Road, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case<N6. PD-229-LI Minyard Addition (KTR Capital), zoning ~11a.nge fr()lllILI (Light Industrial) to PD-229- LI (Planned f.)eyeIQPlIlen.t"229- Light IndustriaD to allow the retention and expa.11sioIlofthe existing office/warehouse and office buildings/a.nd to allow the construction of four office/warehouse buildillgs, totaling approximately 503,250-sq\lare-feeton 79.53 acres/of property, located at the southwest corner of}i'reeport/Parkwa.y/alld Bethel Road, and authori~llg tb.eMayortosign. G. COllsider approval of an Ordill.anceof the City of Coppell ordering a Special Election to be<held on November 6, 2007 to consider the adoption ofolle-fourthofone percelltsales and use tax to provide revellU.e forJIlaintenallcealld.:repair of municipal streets; and, to consider the/creation 6fa(Jrime Control and Prevention District and/the adoption of one-fourth of one percent sales and use tax for./crime red:l1ction programs; providing for the publication and pQsting of notice; authorizing the City Manager to execute an :E]lection Agreement and Election Services Contract with Denton County Elections Department; and authorizing the Mayor to sign the ordinance. Action: Councilmember Faught moved to approve Consent Agenda Items A, B carrying Resolution No. 2007-0911.1, C, D, E carrying Ordinance No. 91500- A-482, F carrying Ordinance No. 91500-A-481 and G carrying Ordinance No. 2007-1179. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa - Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. cm091107 Page 4 of 1 7 10. Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2007 in the amount of $9,100,000, making provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to sign. Presentation: Boyd London with First Southwest made a presentation to the Council. Action: Councilmember York moved to approve Ordinance<< No.)2Q07 -1180 authorizing the issuance of City of Coppell, Texas (JombiIlatioriTax and Revenue Certificates of Obligation, Series 20Q7iIl)theamount of $9,100,000, making provisions for the security (tnerebf, and ordaining other matters relating to the subject and authoriziIlg the l\I-[a.yor to sign. Councilmember Peters seconded thelllbtion; thelllbtion cc::trried 5-0 with Mayor Pro Tem Hinojosa-FloresClIlclC()l.lIlcilmemp~ts BranCheau, Peters, Faught and York voting in favor of the motion. 11. PUBLIC HEARING: Considera.pprovalofthe AmberJ)oint Btlsilless Park at Coppell, Lot 2R- 1R and Ldt2R-3,{Block A,JR,eplat,<bei11g a replat of 55.69 acres of property into two lots, Lot 2JR,-1JR,,(colltaining 36.66 acres and Lot 2R-3 containing 19.36a.cres, allow/for separate ownership, on property located at/the sOl1theast corner of Sandy Lake Road and Northpoint Drive. Presentation: G-ary Sieb, Director of Planning, made a presentation to the Council. Brandon Luedke, representing the Applicant, indicated he was available for questions. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. cm091107 Page 5 of 1 7 Action: Councilmember York moved to close the Public Hearing and approve the Amberpoint Business Park at Coppell, Lot 2R-1R and Lot 2R-3, Block A, Replat, being a replat of 55.69 acres of property into two lots, Lot 2R-1R, containing 36.66 acres and Lot 2R-3 containing 19.36 acres, allow for separate ownership, on property located at the southeast corner of Sandy Lake Road and Northpoint Drive. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 12. Consider approval of the Pecan Creek Addition, L(]ts)l&g,Minor Plat, to subdivide this property into two (2) lots, Lot 1 containillg 1.88 acres and Lot 2 containing 2.49 acres to allow for sell8.rateoWllerships, on 4.376 acres of property located on the east sideofS.Dentol1 Tap Road, north of the DART R.O.W. Presentation: Gary Sieb, Director of PlaIlIling,Illade a preselltationtothe Collllcil. CElb~l111epiIlk, represellting the Applicarit, agdressed(jouncil. Action: Councilmelllber Fau.ght movedtoa.pprbve the Pecan Creek Addition, Lots 1 & 2, Minor <Plat, tosllbdivide tnisptoperty into two (2) lots, Lot 1 containing 1.88 acres)alld Lot 2) containing 2.49 acres to allow for separate ownerships, on 4.376 ..acres of property located on the east side of S. Denton Tap Road, north of)tne DART>R.O.W. Mayor Pro Tem Hinojosa-Flores seconded the motioIl} the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and G91.lIlcilIllembers Brancheau, Peters, Faught and York voting in favor of the I11otiOn. 13. PUBLIC HEARING: Consider approval of Case No. PD-I08R9-SF-9, The Chateaus of Coppell, a zoning change request from PD-I08R7-SF-9 (Planned Development-l08R7-Single Family-g) to PD-I08R9-SF-9 (Planned Development-l08Rg-Single Family-g), to attached a Detail Site Plan, to allow the development of 56 single-family homes and common/open cm091107 Page 6 of 1 7 space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Matthew Alexander, representing the Applicant, addressed Council. Public Hearing: Mayor Stover opened the Public Hearing and advised thqtllo<QIle had signed up to speak on this proposal. Action: Councilmember Peters moved to close the Public lIeCiriIlg and approve: Item No. 13: Case No. PD-I08R9-SF-9,The Chateaus ofCoppell,azoningchange request from l?P<-108R7-SF-9 .(PlcaIlIledl)eveloPI11eIlt-108R7-Single FaU1ily~9) to PD- lQ&ft9-SF-9(Plann~dl)e"elopl1lent-l(}8R9-Single FaIllily-9), to attached a IJetailSiteIPlan, to/allow the d(2velopment/of 56 single-family homes and common/opeIlspace/lots on 20/acres of property located at the southwest corner of Bethel andIDenton Tap Roads,<sl.lbjecfto the following conditions: 1) Revise thenote#7/on the detailplan to read as follows: there should be no parking (lgjacent t() lots 1,6,7,14,15 Block C and adjacent to Common Area 6; 2) TreeJ:~l1l0val permit is required prior to issuance of a grading permit; 3) Park Development Fees of $1285 per unit required; and 4) OJa.tification of when "no parking" signs will go up; Item No. 14: The Chateaus of Coppell, Preliminary Plat, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads, subject to the following conditions: 1) Include a sidewalk easement within common Lot IX; cm091107 Page 7 of 1 7 2) Revise notes to reflect notes on the Detail Plan, including the revision to Note #5 on the to read as follows "There shall be no parking adjacent to Lots 1, 6, 7, 14, 15 Block C (east side of Montebello Drive) and adjacent to common area 6X;" 3) Drainage easements must be abandoned by separate instrument; 4) Indicate location of proposed screening wall to assure no conflict with existing sanitary sewer line; 5) Revise "Cottonbelt Railroad" to DART; 6) Adding a disclosure that the plat of property depicted herein is adjacent to a rail line owned by Dallas Area Rapid Transit, and may in the future be utilized as an active transit line; and 7) Clarification of when "no parking" signs will go up; Item No. 15: Granting the Planning & Zoning Commission Fil1~lIE>lat apP:r()yal authority of The Chateaus of Coppell, to allow the. developIllent of 56/single-family homes and common/open space 10tsol1~(lacres ofp~opertyl()cated at the southwest corner of Bethel and Del1t()I1Tap~()ads. MCiyotIE>tQ'rem Hil1Qjo$a>Floressecol1cl~dtliemotiol1tthe motion carried 5-0 WitliMaYQt\Pro'I'eIll Hinojosa-Elcrres aIlcl/ Counqilmembers Brancheau, Peters, Fal.lglit andYQrk voting .iIlfavor of.tli~Illotion. 14. Consider a.IPprovalof The Cb.a.tea1.ls of Coppell, Preliminary Plat, to allow the)d.eveloplllent of 56 single-family homes and common/open space lots)on 20 acres of property located at the southwest corner of Bethel 8.l1.dDentoIITap Roads. This\item was considered with Item 13. See Item 13 for minutes. 15. Consider granting the Planning & Zoning Commission Final Plat approval authority of The Chateaus of Coppell, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. This item was considered with Item 13. See item 13 for minutes. cm091107 Page 8 of 1 7 16. PUBLIC HEARING: Consider approval of Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change request from R (Retail.) to PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-g) to attach a Detail Site Plan to allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition. Presentation: Gary Sieb, Director of Planning, made a presentation t9tl1~COllllcil. Matthew Alexander, representing the Applicant, addrg$sed tl1~G()llIleil. Public Hearing: Mayor Stover opened the Public HeariIlgCll1CLadviseCLthat no (Jl1e had signed up to speak on this proposal. Action: OOllIlpilI1IRI1Iper Yorl(I1Ioved to close tl1e Puplic HeariIlgand approve: Item 16: Case No. PI)-214R3-SF-9, Arbo:rlVIal1ors Phase II, zoning change request from R (Retail) to [PD-214R3-SF-g> (Planned Development-214 Revision-3- Single Family-9) to/attach a Detail Site Plan to allow the development of two (2) single-family hollles, one (1) common area lot and street right-of-way on approximately 0.87> acres of property located north of the Whispering Hills AdditioI1>and east of the Georgian Place Addition, subject to the following conditions: 1) Change Condition 5.0 in write up from "Maximum" to "Minimum" Lot Area; and 2) Include graphic example of Exhibit "C" behind legal description in write- up. and cm091107 Page 9 of 1 7 Item 17: The Arbor Manors Phase II, Preliminary Plat, to allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 17. Consider approval of the Arbor Manors Phase II, [prelimin.ary< Plat, to allow the development of two (2) single-family hQlIles, one (1) common area lot and street right-of-way on approximatelyQ.87 acres/of property located north of the Whispering Hills Addition a lId east <of the Georgian Place Addition. This item was considered with Item 16. See Item 16 fOr minutes. 18. PUBLIC HEARING.: Con.siderapproval/6f the. Arbor><Man.ors, Replat, to allow the developlllf!Ilt of 73single-falIlily<homes}a.nd 10 common area lots on approximately 25.15 acresof/propertyl()cated south of Sandy Lake Road; andw~st ofI)enton TaIlIt()~d.. Riesen ta tion: Gary Sieb,DirectorofPlanning, made a presentation to the Council. JE>l1blic Hea,:rillg: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember Brancheau moved to close the Public Hearing and approve the Arbor Manors, Replat, to allow the development of 73 single-family homes and 10 common area lots on approximately 25.15 acres of property located south of Sandy Lake Road; and west of Denton Tap Road; subject to the following conditions: cm091107 Page 10 of 17 1) Changing references on all exhibits from existing PD-SF-7/C to PD-SF- 9/C; 2) Note that access easement through Lot lOX will be constructed by this development; and 3) Need copy of Letter of Intent indicating the GTE is agreeable to selling property for Arbor Manors, Phase Two. Mayor Pro Tem Hinojosa-Flores seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa - Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 19. Consider approval of an Ordinance approving and.a.doptillgtl1e budget for the City of Coppell for the Fiscal Year of Oct()ber1,2007 through September 30, 2008, and authorizing the Mayortosigll. Presentation: City Manager Jim Witt made a pr~~~Iltati()Ilt() the C()lll1cil. J ennifex<1\1iller, FinanceDireetor,l1lade <apresen ta tionto the COllllcil. Action: Mayor Pro'I'elll Hinojosa - Flores llloved<t() <approve Ordinance No. 2007 -1181 approving aIlel adoptiIlg the bUclgetfQtthe City of Coppell for the Fiscal Year of Octoberl,~007 tlh.tough Septel1lbet30, 2008, and authorizing the Mayor to sign. Councilmembel\Brancheau seconded the motion; the motion carried 5-0 with MaYQt Pro']Jem Hinojosa-Flores and Councilmembers Brancheau, Peters, Ffil.lght and York voting in favor of the motion. 20. (Jol'lsider the approval of the property tax revenue increase as reflected in the 2007-2008 Annual Budget. Presentation: Jennifer Miller, Finance Director, made a presentation to the Council. cm091107 Page 11 of 1 7 Action: Councilmember Brancheau moved to adopt a budget that requires raising more revenue from property taxes than the previous year and to ratify the tax increase reflected in the budget. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 21. Consider approval of an Ordinance of the City of Coppell, T~xas levying the ad valorem taxes for the year 2007 at .64146/$IQQ pe:r valuation of which .47616 for operations and maintenance an.cl.16530fo:rinterest and sinking, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Finance Director, made aprE}E;entatiol1to the C()llncil. Action: CounGilIllE}mber Faughtl11()yedt() apprQy~Q~dinancR)N o. 2007-1182 levying the ad valorem taxesfoilhe year 2007\af.64146/$100per valuation of which .4t7616 fbt ()peratiol1$/and maintE}l1flrice ancl<16530fbrinterest and sinking, and authori~ing th.eMayor tO$ign. COllI1Cilmember Peters seconded the motion; thel11otioriqarried 5-Q/with <lV[ayo:r <Pro Tem Hinojosa-Flores and Councilmel11bers Brancheau, Peters, Faught and York voting in favor of the motion. 22. Consid~r}approva.l< of a Resolution denying the request by Atmos Energy Corporation to implement an annual gas reliability in.fra.structure program rate increase for the fourth consecutive year, providing notice hereof to said company, and authorizing the Mayor to sign. Presentation: City Manager Jim Witt made a presentation to the Council. cm091107 Page 1 2 of 1 7 Action: Councilmember Brancheau moved to approve Resolution No. 2007-0911.2 denying the request by Atmos Energy Corporation to implement an annual gas reliability infrastructure program rate increase for the fourth consecutive year, providing notice hereof to said company, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa - Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 23. Consider approval of a Pro Rata Agreement for the.Su\water line along SH 121 and Highland Drive to serve the ."\TistaJR,idge Retail development between City of Coppell and JDB(]oppell "\Tilla.ge Plaza- Commercial, L.P.; and authorizing the City Mana.ge:rtosigri. Presentation: Ken Griffin, Director of Engineering<<arid\Public Works, made\a\presentation to the Council. Action: COIIIlcilI1Iember York I1Ioved to <a.pp:rove aBto Rata.\Agreement for the 8" water line@()ng SI-I/121 and Highland Dpyeto serve the Vista Ridge Retail developmeIltbetw~~I1 City of/Coppelland<JDB Coppell Village Plaza- Commercial, L.P.; and authorizing the City Manager to sign. CouncilmeIllber Fallght seconded/the motion; the motion carried 5-0 with Mayor Pro/I'em HiI1ojosa-Flores and Councilmembers Brancheau, Peters, Faught and York voting in favor of the motion. 24. CQl1.sider appointments to the City's Boards/Commissions/Committees. Pl'eserita tion: Mayor Stover read the proposed slate as follows: American Red Cross: 3-year Regular Ron Carpenter cm091107 Page 13 of 17 Animal Services Advisory & Anneals Board: 2 -year Regular 2 -year Alternate Board of Adjustment: 2 -year Regular 2 -year Alternate Conduct Review Board: 2 -year Regular Connell Economic DevelonmentCommittee: 2 -year Regular Connell Education Develonment Committee: 2 -year Regular cm091107 Page 14 of 17 Tressa Broadhead Tom Sawyer Don Perschbacher John Hoppie Harold COPl1~lyJr. Virginia gIa.XIl Shann.oIlChambless AliciclGl1adarr all a )Tirgini~gIarn Barbara>Piels Linda Pilone Marie Reed )Tenky )T~I1katraman James Walker A.p ril Terry Amanda O'Neal Eric Hansen Matt Hall Darnell Reese Bill Elieson Marilyn Kibler David Caviness Jeff Kreisberg Keen Connell Beautiful Board: 2 -year Regular Thomas Hudon Mary Karish Angie Huff Carole Gayler Keen Connell Beautiful Board (Youth Advisors): I-year Student Regular Geetika Rao James Halpin Library Board: 2 -year Regular Mahesh?Guduru Erie Ratliff J enniferJohnson 2-year Alternate iN aney Maurer Library Board (Youth Advis()!s): I-y~titStllclent Regl.llar paulChllI1g WhitneY-Sun Parks and Recreatiol1. Board (Youth Advisors): I-year StucleIlt Reglllttr Anthony Ho Robert Lamilla Planning-arid Zoning Commission : 2 -y~B-rRegular Eddie Haas Charles Sangerhausen Robert Shipley David Shute 8necial Counsel: 2 -year Regular Mike Ramirez April Terry Thomas Trahan James Walker cm091107 Page 15 of 17 Action: Councilmember Peters moved to approve the appointments as read. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tem Hinojosa -Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 25. City Manager's Report. A. Council meeting schedule for NovemberlDecember. B. Joint Meetings with the Planning & Zoning Commission, Economic Development Committee and Park.&/ Recreation Board. C. Water Tower Painting & Logo. AlB City Manager Jim Witt recommended canceliIlgthe<sec()Ild meeting in December since it would fall on Christmas I)ay.}}He suggested utilizing the October 30th and N ovember.27tl1 dates to meefwith various advisory boards in a W ork-Sessiollforlllat. C. City Manager Jim.Witt stElted he wCiErrR-evaluElting thepEllilting of the wCit~r tower .CinclGity logo anclwillptesent~ternatives.for council corisideratioriirithe future. 26. Mayor and (JouncilIR,eports. A. Report by Ma.yor Stoverrega.rding Metroplex Mayors' Meeting. B. Report by}Mayor Stover regarding Coppell Women's Club Luncheon. C. R~p()rt by Mayor Stover regarding Susan G. Komen "Dig for the (J\lre" volleyball event September 21st. A. City Manager Jim Witt attended the Metroplex Mayors' Meeting where the Public Employee Benefit Alliance gave a general report. The new director for the North Texas Transportation Association was onsite and discussed transportation issues. B. Mayor Stover advised he was invited to speak at the Coppell Women's Club Luncheon where he presented updates on the half-cent sales tax election, Market Street, the cemetery and Old Town Coppell. C. Mayor Stover reminded the community of the "Dig for a Cure" fundraising event that will be held on September 21 st. The Coppell cm091107 Page 1 6 of 1 7 High School Volleyball Team will be holding a "Pink Out" in honor of former Mayor Candy Sheehan's fight against breast cancer. 27. Necessary action resulting from Work Session. Action: Councilmember Peters moved to instruct the City Manager to bring forward a contract with Oncor Electric Delivery for the installation of street lights in the median of Parkway Boulevard from Graham Drive to Coppell Road North, and in the median of MacArthur Boulevard from <Saridy/Lake Road to Condor. Mayor Pro Tem Hinojosa-Flores seconded tl1~IlI()ti()ri; the motion carried 5-0 with Mayor Pro Tem Hinojosa-Flore$/and C()l.lIlGilmembers Brancheau, Peters, Faught and York voting in favor of the IIIQti()I1. 28. Necessary action resulting from Executiy~ Sessioll. There was no action necessary undRrthis<iteIll. come before<theCJity CollIlcil, the meeting There Douglas N. Stover, Mayor cm091107 Page 1 7 of 1 7 THE.CITY.OF DEPT: Police AGENDA REQUEST FORM COPPELL DATE: September 25, 2007 ITEM #: 10/B D WORK SESSION [(] CONSENT D REGULAR ITEM TYPE: PROCEDURAL ITEM CAPTION: Consider approval of renewing the service agreement with Motorola, Inc. for the maintenance of all city radios and the communication network in the amount of $60,166.68; and authorizing the City Manager to sign. GOAL(S): o EXECUTIVE SUMMARY: This service contract is an annual contract that is funded out of the Police Department budget yearly. FINANCIAL COMMENTS: Funds are budgeted in the Police Department Operating Budget for this agreement. RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval. . Libby Ball 2007.10.23 12: 14:49 -05'00' IJMotorola - 1 AR . MOTOROLA SERVICE AGREEMENT Attn: National Service Support 1307 East Algonquin Road Schaumburg, IL 60196 (800) 247-2346 Contract Number: S00001003240 Contract Modifier: RN02-JUL-07 10:50:23 Supercedes Agreement(s): Date: 09/07/2007 Company Name: Coppell, City Of Attn: Billing Address: POBox 9478 City, State, Zip: Coppell, TX 75019 Customer Contact: Jerod Anderson Phone: (972)304-3643 Fax: Required P.O.: No Customer #: 1011985134 Bill to Tag #: 0007 Contract Start Date: 10/01/2007 Contract End Date: 09/30/2008 Anniversary Day: Sep 30th Payment Cycle: ANNUAL Tax Exempt: Exempt From All Taxes PO#: Qty Model/Option Description Monthly Ext Extended ***** Recurring Services ***** SVC01SVC1422C LOCAL RADIO COMBO PACKAGE $ 4,075.63 $ 48,907.56 2 SVC447AC ENH: GTX MOBILE 128 SVC647AA MTS2000 13 SVC652AA MTX 800/900 SERIES 23 SVC645AA MCS2000 16 SVC700AA XTS3000 (COSMO) SVC02SVC0030C SP - LOCAL REPAIR WITH ONSITE RESPO $ 938.26 $ 11,259.12 3 CLASSIC CRT CONSOLE 3 XTL5000 4 STX PORTABLE 1 MCS2000 1 CHARGER 5 SIREN PACKAGE SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR Subtotal - Recurring Services $ 5,013.89 $ 60,166.68 PERFORMANCE DESCRIPTIONS Subtotal - One-Time Event $.00 $.00 Services Total $5,013.89 $60,166.68 Taxes - - Grand Total $ 5,013.89 $ 60,166.68 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State DFW COMMUNICATIONS INC IRVING TX DFW COMMUNICATIONS INC IRVING TX I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE DATE TITLE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE (SIGNATURE) DATE Derek Johnson TITLE FAX MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE Service Terms and Conditions Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAUL T/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTEllECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC liCENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FORAN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN TH IRTY (30) DAYS OF THAT ANN IVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termi nation or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. THE.CITY.OF DEPT: City Manager September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM#: 10lC D WORK SESSION [(] CONSENT D REGULAR ITEM TYPE: CONTRACT IBID or PROPOSAL ITEM CAPTION: Consider approval of a grant for technology in the amount of $139/550 for literacy between Carrollton/Farmers Branch ISD, the city of Coppell, and the Coppell Education Development Corporation, and authorizing the City Manager to sign. GOAL(S): II EXECUTIVE SUMMARY: Approved by CEDC Board. FINANCIAL COMMENTS: Funds for this grant will be provided by the 1/2 percent CEDC sales tax. RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval. . Libby Ball 2007.10.23 12: 15:07 -05'00' I !2007L03 STATE OF TEXAS ~ COPPELL EDUCATION DEVELOPMENT CORPORATION ~ COUNTY OF DALLAS ~ GRANT AGREEMENT This Educational Development Grant Agreement ("AGREEMENT") is made by and between the city of Coppell, Texas ("CITY"), the Coppell Education Development Corporation ("CEDC") and the Carrollton/Farmers Branch Independent School District (the "CFBISD"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the CITY is authorized by TEX. Lac. GOV'T CODE S 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CFBISD has submitted a grant application No. 2007-L03 to provide funding for four full-time paraprofessional salaries and additional printed material for the library at Riverchase Elementary School in Coppell (the PROJECT); and WHEREAS, the CFBISD serves 515 students from the CITY, and has developed the PROJECT in order to raise the literacy levels of all the students; and WHEREAS, CFBISD is in need of funding the three full-time instructional support salaries and provide printed material for the library, and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CFBISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY's inhabitants and will promote career technology in the CITY. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CFBISD an education development grant (the "GRANT") in an amount not to exceed One Hundred Thirty-nine Thousand Five Hundred Fifty Dollars and no cents ($139,550.00). COPPELL EDUCATION DEVELOPMENT GRANT Page 1 2. CFBISD agrees to utilize the GRANT to fund four full-time instructional support salaries and provide printed material for the library at Riverchase Elementary School in Coppell. 3. CITY agrees to provide the GRANT of One Hundred Thirty-nine Thousand Five Hundred Fifty Dollars and no cents ($139,550.00) funds payable on a quarterly basis with the first payment to be made in November 2007. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than February 1, 2008 the CFBISD shall submit personnel costs and invoices for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, salaries, number of students from Coppell served, grade levels actually served, and any changes in personnel during the period covered by this GRANT, invoices for books and other purchases. 5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CFBISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CFBISD of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CFBISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CFBISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever arising out of the CFBISD'S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. COPPELL EDUCATION DEVELOPMENT GRANT Page 2 10. In the event anyone or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this day of , 2007. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: EXECUTED this day of , 2007. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ANTONIO ALTEMUS, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: COPPELL EDUCATION DEVELOPMENT GRANT Page 3 SIGNED this day of , 2007. CARROLL TON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT By: DR. ANNETTE GRIFFIN, SUPERINTENDENT Carrollton-Farmers Branch Independent School District 1445 North Perry Road Carrollton, Texas 75006 ATTEST: By: CITY'S ACKNOWLEDGMENT STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ This instrument was acknowledged before me on the _ day of 2007, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. Notary Public, State of Texas My Commission Expires: COPPELL EDUCATION DEVELOPMENT GRANT Page 4 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS ~ ~ ~ COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 2007, by Antonio Altemus, President of the Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: CARROLL TON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS ~ ~ ~ COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 2007, by Dr. Annette Griffin, Superintendent of Carrollton/Farmers Branch Independent School District, on behalf of said district. Notary Public, State of Texas My Commission expires: COPPELL EDUCATION DEVELOPMENT GRANT Page 5 THE.CITY.OF DEPT: City Manager September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM #: 10lD D WORK SESSION [(] CONSENT D REGULAR ITEM TYPE: CONTRACT IBID or PROPOSAL ITEM CAPTION: Consider approval of a grant for technology in the amount of $54/525 for technology between Carrollton/Farmers Branch ISD, the city of Coppell, and the Coppell Education Development Corporation, and authorizing the City Manager to sign. GOAL(S): l1li EXECUTIVE SUMMARY: Approved by CEDC Board. FINANCIAL COMMENTS: Funds for this grant are provided by the 1/2 percent CEDC sales tax. RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval. II Libby Ball 2007.10.23 12:15:24 -05'00' I !200lT05 STATE OF TEXAS ~ COPPELL EDUCATION DEVELOPMENT CORPORATION ~ COUNTY OF DALLAS ~ GRANT AGREEMENT This Educational Development Grant Agreement ("AGREEMENT") is made by and between the city of Coppell, Texas ("CITY"), the Coppell Education Development Corporation ("CEDC") and the Carrollton/Farmers Branch Independent School District (the "CFBISD"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the CITY is authorized by TEX. Lac. GOV'T CODE S 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CFBISD has submitted a grant application No. 2007-T05 to provide funding for salary and benefits for a half-time instructional technology support person, and substitutes for 27 days of technology staff development at Riverchase Elementary School in Coppell (the PROJECT); and WHEREAS, the CFBISD serves 515 students from the CITY, and has developed the PROJECT in order to raise the technology levels of all the students; and WHEREAS, CFBISD is in need of funding the half-time instructional technology support person and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CFBISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY's inhabitants, and will promote career technology in the CITY. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CFBISD an education development grant (the "GRANT") in an amount not to exceed Fifty-four Thousand Five Hundred Twenty-five Dollars and no cents ($54,525.00). COPPELL EDUCATION DEVELOPMENT GRANT Page 1 2. CFBISD agrees to utilize the GRANT to fund a half-time instructional technology support person and substitutes for 27 days of technology staff development at Riverchase Elementary School in Coppell. 3. CITY agrees to provide the GRANT of Fifty-four Thousand Five Hundred Twenty-five Dollars and no cents ($54,525.00) funds payable on a quarterly basis with the first payment to be made in November 2007. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. On a quarterly basis beginning no later than February 1, 2008 the CFBISD shall submit personnel costs for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, salaries, number of students from Coppell served, grade levels actually served, and any changes in personnel during the period covered by this GRANT. 5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the CFBISD shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by CFBISD of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CFBISD fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the CFBISD. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever arising out of the CFBISD'S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. COPPELL EDUCATION DEVELOPMENT GRANT Page 2 10. In the event anyone or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this day of , 2007. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: EXECUTED this day of , 2007. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ANTONIO ALTEMUS, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: COPPELL EDUCATION DEVELOPMENT GRANT Page 3 SIGNED this day of , 2007. CARROLL TON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT By: DR. ANNETTE GRIFFIN, SUPERINTENDENT Carrollton-Farmers Branch Independent School District 1445 North Perry Road Carrollton, Texas 75006 ATTEST: By: CITY'S ACKNOWLEDGMENT STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ This instrument was acknowledged before me on the _ day of 2007, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. Notary Public, State of Texas My Commission Expires: COPPELL EDUCATION DEVELOPMENT GRANT Page 4 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS ~ ~ ~ COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 2007, by Antonio Altemus, President of the Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: CARROLL TON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS ~ ~ ~ COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 2007, by Dr. Annette Griffin, Superintendent of Carrollton/Farmers Branch Independent School District, on behalf of said district. Notary Public, State of Texas My Commission expires: COPPELL EDUCATION DEVELOPMENT GRANT Page 5 THE.CITY.OF DEPT: City Manager September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM #: 10lE D WORK SESSION [(] CONSENT D REGULAR ITEM TYPE: CONTRACT IBID or PROPOSAL ITEM CAPTION: Consider approval of an agreement for the architectural services of J. Stuart Todd, Inc., for the Rolling Oaks Cemetery in an amount not to exceed $135/000 and authorizing the City Manager to sign. GOAL(S): B EXECUTIVE SUMMARY: Staff recommend approval. FINANCIAL COMMENTS: Funds for this agreement will be provided by the 2007 Bond Issue. 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II l~._ ! , I =: ~..., I r., ~ ~-~ II i I I II l! ~ r ~ j I :;", _:- ...: -- ~ ' j j ;..:. ~ ~ .... ~ .... .,.. ~ ~ ~I.- -" ~.~~. . ....__LL.~......::- - ~ ~ " ~ ~ ~1. r. ~~ ...: j ~ ': i\' :4 ~ =-- ~ ~~ ~U9E ~ L ~~. ~:! ~11 .ill1l1rMn~ 1j&~'pPtttnf. ~ ,. ~iljmIJIt~ .., L ~LU~:,,~ ~ ~ ' -~ ~ ;~~~ . . ~ ~ ~lfi~_-. . -:,~ '.. =: "~~._~.~.= "__':--j~~Jt ~-''1;1r~_ '_~ ~~ ~~~~'lrp~,~'-'~~~'~~aB i1klilplnITJ_ :1'~ 1lIwt-..;. ~I =~ ,- -'~ ! _1I!If~ "r"\l ",-_I .W-~:"-.'., _ e~'~ - - ..... --"I' ~~ F',. .:. ~ . ~ -... -".,.-: -- -." --~: ~ ~ ~iI~ 'iII' ~ If4IIIlIr :WI- ~ "",,:'~".';~ . . - . ~ , -~ ..1iB ~ ~ ~ iIIIIF -~ ~ . . ~ _.~ ,. ~~p~- N~ ~~~ ~~ -.. ~ ~ -~ ~. )" ~JI.~~gr~~~.LJ[DDI.p11.T~Bii_lY'~~tF.F?<~~~mr~~~~ ~ ~ ..'. ..~ THE.CITY.OF DEPT: Human Resources AGENDA REQUEST FORM COPPELL September 25, 2007 ITEM #: 10lF DATE: D WORK SESSION [(] CONSENT D REGULAR ITEM TYPE: CONTRACT IBID or PROPOSAL ITEM CAPTION: Consider approval of a professional services agreement with Brinson Benefits, Inc. for benefit consulting services and other health and wellness related services in the amount $117,839.00 and authorizing the City Manager to sign. GOAL(S): . EXECUTIVE SUMMARY: This professional services agreement is for benefit consulting services for the Cityrs entire benefit's program which consists of medical, dental, life and ad&d, long term disability, flexible spending accounts and vision programs. In addition to the benefit consulting services, Brinson Benefits, Inc. through its membership with United Benefit Advisors, allows the city to access other professional services at very discounted costs such as the cityrs electronic enrollment software (Benefits Connect) and the cityrs new wellness (Wellness Works) program and its wellness website owned by Matria. Attached you will find the professional services agreement and related costs of these programs. FINANCIAL COMMENTS: Funds are budgeted in the Self Insurance Fund for this agreement. RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval II Libby Ball 2007.10.23 12:16:03 -05'00' I&Brinsonagreement-l AR THE"CITY..OF COPPELL .~~. J'.e~ ~--&ql) .il & . \ Professional Services Agreement THE STATE OF TEXAS) DALLAS COUNTY OF TEXAS) This contract is made and entered into by and between the CITY OF COPPELL, a home rule municipal corporation, of Dallas County, Texas, (hereinafter Referred to as "CITY") and Brinson Benefits, Inc. having a principal place of business at 12720 Hillcrest Road, Suite 810-b, Dallas, TX, 75230, (hereinafter referred to as "CONTRACTOR"). 1. PURPOSE The purpose of this Contract is to state the terms and conditions under which CONTRACTOR shall provide Employee Benefit Consultant Services. 2. DESCRIPTION OF SERVICES CONTRACTOR'S services hereunder shall include, but shall not be limited to, the following: A. CONTRACTOR shall perform all the services as set forth and agreed to by the CITY attached hereto as Exhibit "A" and "B" inclusive of agreed to Contractor's fees for Required Services, both of which are made a part of this Contract for all purposes; should there be any future conflict between the terms of the Required Services and rates for the Required Services as provided by the Contractor, the agreed to terms of this Contract shall be final and binding. B. CONTRACTOR shall work closely with the Director of Administration/Human Resources or his/her designee (hereinafter referred to as "City Staff" and appropriate CITY officials) and perform any and all related tasks required by City Staff in order to fulfill the purposes of this Contract. C. CONTRACTOR shall deliver all data, reports and documents which result from its services to City Staff in such form as is satisfactory to the City Staff. D. CONTRACTOR shall work through the appropriate city staff to obtain all pricing and proposals by means that comply with State and Federal Laws. 3. PERFORMANCE OF SERVICES CONTRACTOR and its employees or associates shall perform all the services under the Contract. CONTRACTOR represents that all its employees or associates who perform services under the Contract shall be fully qualified and competent to perform the service described in Section 2. 4. TERM The term of this Contract shall begin on October 1, 2007 and renew on October 1st of each subsequent year subject to City Staff recommendation and City Council approval. CONTRACTOR understands and agrees that time is of the essence. All services, written reports, and other data are to be completed and delivered to CITY by agreed upon dates and times within the contract period unless an extension of time, based upon good reasons presented by CONTRACTOR, is approved by City Staff. 5. PAYMENT FOR SERVICES In consideration of the professional services to be performed by CONTRACTOR under the terms of the Contract, CITY shall pay CONTRACTOR for services actually performs as set out by the Fees for Required Services as defined in Exhibit "A" unless other conditions necessitate additional services, which must be authorized in advance by the City Manager or designee. CONTRACTOR'S charges for its services are not to exceed similar charges of CONTRACTOR for comparable services to other customers. Payments to CONTRACTOR shall be in the amount shown by the billings and other documentation submitted and shall be subject to City Staffs approval. All services shall be performed to the satisfaction of City Staff, and CITY shall not be liable for any payment under this Contract for services which are unsatisfactory and which have not been approved by City Staff. 6. CHANGE IN SERVICES CITY through its City Staff may request, from time to time, changes in the scope or focus of the activities and services conducted or to be conducted by CONTRACTOR pursuant to the Contract. Any such change which varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to CONTRACTOR shall be mutually agreed on by CONTRACTOR and the City Staff. Changes in the scope, which in the opinion of CONTRACTOR and the City Staff would require additional funding by CITY, must first be authorized in advance by the City Manager or his designee. 7. CONFIDENTIAL WORK No reports, information, project evaluation, project designs, data or any other documentation developed by, given to, prepared by or assembled by CONTRACTOR under this Contract shall be disclosed or made available to any individual or organization by CONTRACTOR without the express prior written approval of the City Manager. 8. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by CITY, all reports, information and other data, given to, prepared or assembled by CONTRACTOR UNDER THIS Contract, and any other related documents or items shall become the sole property of CITY and shall be delivered to CITY. CONTRACTOR may make copies of any and all documents for its files. 9. CONTRACTOR'S LIABILITY Approval of CITY shall not constitute nor be deemed a release of the responsibility and liability of CONTRACTOR, its employees, agents or associates for the accuracy and competency for their designs, reports, information, and other documents or services nor shall approval be deemed to be the assumption of such responsibility by CITY for any defect, error or omission in the documents prepared by CONTRACTOR, its employees, agents or associates. 10. INDEMNITY CONTRACTOR shall defend, indemnify, and hold CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of CONTRACTOR or any agent, servant, or employee of CONTRACTOR in the execution or performance of this Contract. 11. RIGHT OF REVIEW CITY may review any and all of the services performed by CONTRACTOR under this Contract. 12. The following shall be conditions of, and a part of, the consideration of this Contract, to- wit: CONFLICT OF INTEREST OF CITY EMPLOYEES No officer or employee of the City shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. Any violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof may be subject to removal from his office or position. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager. CONFLICT OF INTEREST OF CONTRACTOR Contractor shall not accept other employment or engage in outside activities incompatible with the proper discharge of his duties and responsibilities with the City, or which might impair his independent judgement in the performance of his duty to the City nor personally provide services for compensation, directly or indirectly, to a person or organization who is requesting an approval, investigation or determination from the City. 13. NONDISCRIMINATION As a condition of this Contract, CONTRACTOR covenants that CONTRACTOR will take all necessary actions to insure that, in connection with any work under this Contract, CONTRACTOR, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. In this regard, CONTRACTOR shall keep, retain and safeguard all records relating to the Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 14. CONTRACT PERSONAL The Contract provides for personal or professional services, and the CONTRACTOR shall not assign the Contract, in whole or in part, without the prior written consent of CITY. 15. TERMINATION CITY may terminate this Contract upon Thirty (30) days written notice to CONTRACTOR with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. CONTRACTOR shall invoice for all services completed and shall be compensated in accordance with the terms of this Contract for all such services performed by CONTRACTOR prior to the date specified in such notice. 16. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, or delivered electronically at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for CITY, to: Vivyon V. Bowman (vbowman@ci.coppell.tx.us) Director of Administration/Human Resources City of Coppell 255 Parkway Blvd. Coppell, TX 75019 If intended for CONTRACTOR, to: Brinson Benefits, Inc. 12720 Hillcrest Road, Suite 810-b Dallas, TX 75230 ATTN: Dee Beasley Hayden 17. INDEPENDENT CONTRACTOR In performing services under this Contract, CONTRACTOR is performing services of the type performed prior to this Contract, and CITY and CONTRACTOR by the execution of this Contract do not change the independent status of CONTRACTOR. No term or provision of this Contract shall be construed as making CONTRACTOR the agent, servant, or employee of CITY. 18. VENUE The obligation of the parties to this Contract are performable in Dallas County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Dallas County, Texas. 19. APPLICABLE LAWS This Contract is made subject to the provisions of the Charter and ordinances of CITY, as amended, and all applicable State and Federal laws. 20. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 21. LEGAL CONSTRUCTION In case anyone or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 22. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 23. CAPTIONS The captions to the various clause of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 24. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 25. ENTIRE AGREEMENT This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in the Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. EXECUTED this the day of CITY, signing by its City Manager and by CONTRACTOR. , 2007, by Jim Witt, City Manager BY City Manager CONTRACTOR: Brinson Benefits, Inc. BY S. Dawn Brinson President EXHIBIT A ~11f'(~~, ]I.ij-~I ~'Ir~m ~;:,~.: -,~., -~~~-"! I~^ < ~~"~-<'. =-__\,:, ;:, ~:~ --",," --";,'="'"-" City of Coppell Financial Options Brinson Benefits, Inc. services include: Purple Card Patient Advocate Plan Benefit/Cost Renewal Analysis Plan Design Consultation & Strategic Benefit Planning Plan Management and Data Analysis Vendor Negotiations Annual Plan Implementation Open Enrollment/Communication Support Customer Service The following are not included In the compensation: printing, graphic design work, custom programming, contracted third-party services &/or products (5500 preparation, Technology, Legal/Accounting, COBRA/HIPAA serVices, Wellness Services, etc.), travel outside of DFW area, and independent third party audits. Any lines of coverage or services not provided in this proposal are subject to additional fees. Revised - Total Fee Based on 333 Active & Retiree Employees ,~,QIl~"YltiI19"",E,g,g, Includes Medical (Specific and Aggregate Stop Loss), Dental, Basic Life and AD&D, and L TD $47,029 annually ,~"y"~~,g,g"y"g,!l!""R,~,!l,,g~~J~, 30/0 cost of living increase Available Upon Request PROFESSIONAL SERVICES AGREEMENT ADDENDUM EXHIBIT A City of Coppell Brinson Benefits, Inc. services include: Plan Benefit/Cost Renewal Analysis Plan Design Consultation & Strategic Benefit Planning Plan Management and Data Analysis Vendor Negotiations Annual Bid Process and Plan Implementations Open Enrollment/Communication Support Customer Service Brinson Benefits Purple Card Employee Benefit Statements Matria/Wellness Works Program (additional fees will apply if additional services are purchased, i.e. biometric screenings, incentives, custom workshops, etc.) Benefits Connect (additional fees will apply if changes are made to the system throughout the year) HRA Trust Documentation Preparation The following are not included in the compensation: 5500 preparation, printing, graphic design work, custom programming, contracted third-party services &/or products for COBRA/HI PAA, Technology, Legal/Accounting, travel outside of DFW area, and independent third party audits. Any lines of coverage or services not provided in this proposal are subject to additional fees. Total Fee Consulting Fee $47,029/Annual Includes Medical, Specific and Aggregate Stop Loss, Transplant, Dental, Vision, Basic Life & AD&D, Voluntary Products and Disability SubseQuent Renewal Annual 30/0 Cost of Living Adjustment $4,378/Annual $15 per Employee Statement $8 pepm $27,469 $2,000 To be determined at time of request and agreed upon by the City. PROFESSIONAL SERVICES AGREEMENT ADDENDUM EXHIBIT B MATRIA PROGRAM ADDENDUM The City of Coppell (the "Customer") has elected to utilize one or more wellness programs (the "Programs") developed and maintained by Matria Health Enhancement Company and its Affiliates ("Matria"). Brinson Benefits, Inc. the "Participating Member Firm") has an agreement with Matria requiring the Participating Member Firm to enter into an agreement with the Customer to have the Customer to acknowledge and fulfill certain obligations with respect to the Programs. This addendum to the contract between the Customer and the Participating Member Firm (the "Contract") sets forth those obligations and is incorporated into, and forms a part of, the Contract. For the consideration specified in the Contract, including the ability to utilize the Programs, the Customer acknowledges and agrees to the following: 1. The Customer will: (i) conduct business in a manner that does not reflect unfavorably on the products, services, goodwill and reputation of Matria or the Participating Member Firm, (ii) avoid deceptive, misleading, or unethical practices that are or might be detrimental to Matria or the Participating Member Firm or its products or services, including without limitation disparagement of Matria or the Participating Member Firm or its products or services, (iii) make no false or misleading representation with respect to the Programs, (iv) not publish or use any misleading or deceptive advertising material, and (v) not convert, adjust, alter or modify Programs without Matria' s prior written consent. 2. Matria and the Participating Member Firm may sell the Programs and any other products and services to other entities unrelated to the Customer without any obligation to the Customer. 3. The Customer will not directly or indirectly sell the Programs. 4. The Customer will use all reasonable efforts to cause its employees, Affiliates, agents, and End-Users to cooperate with the Participating Member Firm in connection with Matria's provision of the Programs. For purposes of this addendum, the term "Affiliate" means any individual, enterprise or entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such party. For purposes of this addendum, the term "End-User" means all active employees of the Customer and non- Medicare eligible retirees of the Customer eligible for a Program, all persons on long-term disability eligible for a Program, all non-Medicare eligible employees or retirees claiming COBRA coverage that are eligible for a Program, and all persons who obtain coverage, including COBRA coverage, for a non-Medicare eligible dependent who is eligible for a Program. 5. In connection with the use of the Programs, the Customer will comply with all applicable laws, including, without limitation, laws regarding confidentiality of health records, and will only access, use and disclose patient health records and information in accordance with all applicable laws. Without limiting the generality of the foregoing, the Customer agrees to comply with the applicable provisions ofHIPAA, the Employee Retirement Income Security Act ("ERISA"), if applicable, and related regulations, and to enter into such agreements with the Participating Member Firm as may be reasonably necessary from time to time to evidence such compliance. 6. The Customer will designate one member of its staff to serve as a liaison between the Customer and the Participating Member Firm and Matria with respect to the use of the Programs. 7. The Customer hereby represents and warrants to the Participating Member Firm as follows: a) The Customer owns, holds or otherwise possesses, or lawfully uses, all licenses that are in any manner necessary for it to utilize the Programs. b) To the extent required by applicable laws, including HIP AA, the Customer represents and warrants that it has obtained all legally required consents and authorizations that are necessary for the Participating Member Firm and Matria and their Affiliates to provide the Programs to the Customer and End-Users. c) The Customer will utilize the reports provided by the Participating Member Firm or Matria solely for the purpose of evaluating the Programs. The Customer will not provide the reports or any information therein to any third party without the Participant Member Firm's or Matria's prior written consent. To the extent that the Customer has requested the Participating Member Firm or Matria to provide reports or information that may in any way provide identifiable End-User information, the Customer (1) will only allow persons to have access to such information to the extent authorized in accordance with all applicable laws, including without limitation, ERISA, if applicable and HIP AA, and (2) will not use or disclose such information in violation of this addendum or any applicable law, including, without limitation, ERISA, if applicable, and HIP AA. 8. This addendum will terminate upon the termination of the Contract. This addendum may be terminated by the Participating Member Firm (1) in the event the Participating Member Firm's ability to provide the Programs terminates or (2) upon 60 days advance written notice to the Customer. The Customer may terminate this addendum upon 60 days advance written notice to the Participating Member Firm. Notwithstanding the preceding sentence, the Customer may not terminate the addendum for at least one year. If the Customer elects to utilize a 2 Program other than Matria' s "On Line Wellness Program," the use of that other Program may only be terminated by the Customer on an annual anniversary date of the commencement of the use of the On Line Wellness Program. Upon termination of this addendum for any reason, the Customer will immediately: (i) discontinue use of Matria Marks, (ii) cease all use of the Programs, and (iii) return all Confidential Information (as defined below) to Matria or the Participating Member Firm. Each of the parties will reasonably cooperate to wind-up the relationship between the parties. The Customer will bear the expense of notifying its End-Users of the termination of the addendum and any costs associated with transitioning its End-Users to a new program. Termination of this addendum will not relieve the Customer of its obligation to pay all fees incurred prior to the effective date of such termination and will not limit a party from pursuing all remedies available to it. Provisions of this addendum relating to confidentiality, proprietary rights, disclaimers, limitations of liability and indemnification, along with other provisions intended to survive, will survive termination of this addendum. 9. The Customer will (a) not, directly or indirectly, use or disclose Confidential Information except to the extent necessary to utilize the Programs, and (b) retain Confidential Information in strictest confidence. These restrictions will apply so long as this addendum is in effect and for a period of three years thereafter; provided, that with regarding to any Confidential Information constituting a "trade secret" under applicable law, these restrictions will continue to apply for so long as such item constitutes a trade secret. Notwithstanding the foregoing, a party may disclose Confidential Information when, and to the extent, required to do so by applicable law, a court of competent jurisdiction or a governmental entity; provided, however, that such party shall, to the extent practicable, give prompt notice of such requirement to the other party so that such other party may seek a protective order or other appropriate remedy and may disclose Confidential Information to its attorney. For purposes of this addendum, the term "Confidential Information" means (1) any materials, information, or data of Matria, its affiliates and suppliers in any form, and (2) any derivative works based on any such materials, information or data; provided, however, Confidential Information shall not include materials, information or data to the extent it (i) was lawfully known to the receiving party at the time of disclosure and not subject to an agreement of confidentiality between the parties, (ii) is or becomes publicly known through no act or omission by the receiving party, (iii) is disclosed to the receiving party by a third party having the legal right to make such disclosure without restriction, or (iv) is intended to be distributed to the Participating Member Firm or Customer, including but not limited to marketing materials to be provided to potential Customers. In addition, the terms of this Addendum and the pricing for the Programs will be considered Confidential Information of Mat ria. 3 10. The Programs are proprietary to Matria and/or its Affiliates and are comprised, in part, of Matria Confidential Information. Except as expressly set forth in this addendum, the Programs and Confidential Information may not be duplicated, modified, reproduced, or used for the benefit of a third party. The Customer acknowledges and agrees that it does not now own, nor by virtue of this addendum or the serves rendered hereunder will it acquire, any right, title or interest in or to the Programs or the intellectual property underlying such Programs, including, without limitation, Matria web sites, educational materials, Program software and hardware, technology, content, information, know how, forms, policies, procedures, manuals, specifications, service models, and designs, or any Matria Confidential Information, and that such right, title and interest is and will remain owned by Matria and its Affiliates, as applicable. 11. During the period in which this addendum is in effect, the parties may use the Marks of the other party to the extent reasonable and necessary to convey information and perform their obligations under this addendum; provided, that each party will retain all right, title, and interest in such Marks; further provided, that Matria may issue a statement and/or other release noting that the Customer is a customer of Matria, subj ect to the approval of the Customer. F or purposes of this addendum, "Mark" includes without limitation trademarks, trade names, service marks, and service names. The Customer and Matria reserve the right to change their Marks at any time. The Customer will be responsible for choosing Marks and private labels that do not infringe the rights of others, that do not inaccurately portray the Programs or mislead End-Users, and that are chosen and used in accordance with all applicable laws. The Customer will indemnify, defend and hold harmless Matria, its Affiliates and is subcontractors against claims brought by third parties regarding such Marks and private labels, including, but not limited to, infringement by or of its own Marks. 12. If the Customer breaches or threatens to commit a breach of any of the provisions of paragraphs 9, 10 or 11, Matria will have the right to seek injunctive relief and specific performance, each of which is in addition to, and not in lieu of, any other rights and remedies available to Matria at law or in equity (or otherwise), it being agreed that any such breach or threatened breach would cause irreparable injury to Matria and that money damages would not provide an adequate remedy. 13. THE PROGRAMS ARE EDUCATIONAL AND INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE CLINICAL SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER THE PARTICIPATING MEMBER FIRM NOR MATRIA MAKES AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAMS, THEIR ABILITY TO REDUCE COSTS OR IMPROVE OUTCOMES. IN NO EVENT SHALL EITHER THE PARTICIPATING MEMBER FIRM OR MATRIA BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL 4 DAMAGES, LOSS OF DATA OR LOST PROFITS, EVEN IF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MATRIA'S AND THE PARTICIPATING MEMBER FIRM'S AGGREGATE MONETARY LIABILITY TO THE CUSTOMER, ITS AFFILIATES AND END-USERS UNDER THIS ADDENDUM AND WITH RESPECT TO THE PROGRAMS FURNISHED HEREUNDER (WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LAW OR EQUITY) SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE LESSER OF (I) THE PRICE PAID BY THE CUSTOMER TO THE PARTICIPATING MEMBER FIRM FOR THE PROGRAMS DURING THE ONE YEAR PRECEDING THE CLAIM, OR (II) FIVE HUNDRED THOUSAND DOLLARS ($500,000). THE FOREGOING LIMIT A TION OF LIABILITY REPRESENTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING HEREUNDER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. HEALTH INFORMATION PROVIDED IS BASED ON MEDICAL LITERATURE. HOWEVER, USE OF SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE AND CARE FROM A DOCTOR. THE HEALTH INFORMATION IS INTENDED TO HELP PEOPLE MAKE BETTER HEALTH CARE DECISIONS AND TAKE GREATER RESPONSIBILITY FOR THEIR OWN HEALTH, BUT MAY NOT RESULT IN ACTUAL ACHIEVEMENT OF THESE GOALS. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT NEITHER THE PARTICIPATING MEMBER FIRM NOR MATRIA IS RESPONSIBLE FOR THE RESULTS OF ITS END-USERS' USE OF SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, END-USERS CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR END- USERS CHOOSING OR NOT CHOOSING SPECIFIC TREA TMENT. 14. In addition to the indemnity provided in the contract, the Customer will indemnify and hold harmless Matria, the Participating Member Firm, their respective Affiliates and their respective shareholders, directors, partners, officers, employees and agents, from and against any and all claims, damages, costs and expenses (including, without limitation, attorneys' fees and expenses) (collectively "Damages"), brought or otherwise claimed by a third party and arising out of or relating to any material breach by Customer of this addendum or from the willful misconduct or negligence of the Customer or any of its officers, agents or employees in any manner related to the subject matter of this addendum. The Customer's indemnification obligations under this paragraph will be conditioned on the receipt of prompt written notice from Matria or the Participating Member Firm to the Customer specifying any event or assertion of which Matria or the Participating Member Firm may request indemnification hereunder. Matria and/or the Participating Member Firm and the Customer will cooperate in determining the validity of any claim or assertion requiring 5 indemnity hereunder and in defending against third parties with respect to the same. Unless otherwise determined by the Customer in its sole discretion, the defense of such litigation will be within the control of the Customer. In the event that the Customer elects to control the defense of any such litigation, Matria and/or the Participating Member Firm will be entitled to participate in such defense with counsel of its choice at its own expense, and shall cooperate fully in connection therewith. Matria's and/or the Participating Member Firm's failure to give timely notice or to provide copies of documents or to furnish relevant data in connection with any such third party claim will constitute a defense (in whole or in part) to any claim for indemnification by it. 15. The relationship of the parties will be that of independent contractors, and nothing in this addendum will be construed to: (a) give either party the power to direct and control the day -to-day acti vi ti es of the other, (b) permit either party to make any representation on behalf of the other or to bind the other, or (c) constitute the parties as partners, joint venturers or co-owners. 16. Notwithstanding anything to the contrary, Matria will have the right to de-identify information and data (collectively, "Data") and to aggregate such de-identified Data with Matria's and/or its Affiliates' databases, and to use such de-identified Data in accordance with all applicable laws for purposes such as to evaluate and improve performance of its Programs, and such de-identified Data will be the property of Matria or its Affiliates. 17. During the period this addendum is in effect and for one year thereafter, the Customer will not, directly or indirectly, employ or offer to employ (as an employee, independent contractor, consultant or otherwise) any current or former employee of Matria or the Participating Member Firm, who then is or was during the preceding one year period involved, in any material respect, in the provisions or receipt of services under this addendum. 18. Neither Matria nor the Participating Member Firm will be liable for any claim under or breach of this addendum resulting from any failure to perform if such performance is prevented by any event of force majeure, including, without limitation, fire or explosion, flood, earthquake, severe weather or other act of God, strike, lockout, boycott, picketing, labor dispute or disturbance, order of any governmental entity, act of terrorism, or other reason beyond the reasonable control of the parties. 19. The Customer (a) makes all payment determinations with respect to an End-User or a health care provider's claim for health care services and neither the Participating Member Firm nor Matria is responsible for payment of any such claims and (b) makes all coverage decisions with respect to an End-User's eligibility for or entitlement to coverage or entitlement to receive payment for any admission or health care service provided to the End-User and neither the Participating Member Firm nor Matria shall have any duty to advise healthcare providers or End-Users, with respect to the foregoing. Neither the Participating 6 Member Firm nor Matria, its Affiliates or agents are required to engage in any activity which may be construed or deemed to constitute the practice of medicine under any state's laws. 20. The parties agree and intend that, for purposes of ERISA, if applicable, the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), and any other applicable law, neither the Participating Member Firm nor Matria will be deemed the "Administrator" and/or "named Fiduciary" or other fiduciary. The Customer waives and will not have any cause of action, at law or in equity, against the Participating Member Firm or Matria, their Affiliates, employees, agents, officers and directors, and hereby releases each of the foregoing parties of and from any and all claims, demands, obligations, liabilities, and causes of action of every nature whatsoever, relating to, arising out of, or resulting from the enforcement of any compliance with ERISA, if applicable, or COBRA. 21. Due to the provisions of the Programs by Matria to the Customer through the Participating Member Firm, Matria is entitled to the benefit of the foregoing acknowledgements, disclaimers and limitations. Executed by Customer: Date: Signature: Printed Name: KD IM-74031S 4.DOC - - 7 THE.CITY.OF DEPT: Engineering September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM #: 1 1 D WORK SESSION D CONSENT I ~ I REGULAR ITEM TYPE: CONTRACT IBID or PROPOSAL ITEM CAPTION: Consider approval of Supplemental Agreement #1 To Interlocal Cooperation Agreement Regarding SH-121 Dated February 1 / 2000 to allow for the refund of $1 /200/000.00 previously paid for SH-121 ; and authorizing the Mayor to sign. GOAL(S): --- 1111 EXECUTIVE SUMMARY: Approval of this agreement will allow a refund from Denton County to the City of Coppell of the State Infrastructure Bank Loan expenditure of $1 /200/00.00 paid toward completion of the State Highway 121 project. Staff recommends approval of Supplemental Agreement #1/ and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds will be deposited into the Street CIP accounts to be used on future street projects. RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval of Supplemental Agreement #1. . Libby Ball 2007.10.23 12:16:22 -05'00' I#SUPPlemental SH121 leA THE.CITY.OF COPPELL .~~. .ed" ~ ,&q ""-8 · \. MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DA TE: September 25,2007 REF: Consider approval of Supplemental Agreement #1 To Interlocal Cooperation Agreement Regarding SH-121 Dated February I, 2000; and authorizing the Mayor to sign. In August 1999, the Council approved Resolution 081099.3 supporting the use of the State Infrastructure Fund to expedite the State Highway 121 main lanes from Collin County to DFW Airport. One of the trade-offs in utilizing the State Infrastructure Fund was that five cities adjacent to this section of State Highway 121 committed to each paying approximately $2 million dollars so Denton County could leverage the money to borrow a larger amount to expedite the construction of State Highway 121. In September 1999, Council ratified the city's financial commitment of approximately $2 million dollars toward the expedited construction of the main lanes of State Highway 121. And, in January 2000 Council approved the Interlocal Agreement between the city of Coppell and Denton County that committed the city of Coppell to pay $2 million dollars toward the expedited construction of the State Highway 121 main lanes in five annual installments of $400,000. The city of Coppell had paid three of the annual $400,000 payments when discussions concerning the construction of the State Highway 121 main lanes started leaning more towards the road being constructed as a tollway as opposed to a freeway. In March 2004, TxDOT approved a Minute Order that allowed TxDOT to issue bonds to fund state highway system improvements. That action led TxDOT and NCTCOG to recommend that the construction of SH 121 be expedited and constructed as a tollway. This led to many, many meetings and discussions between the original participants in the State Infrastructure Bank loan, TxDOT and NCTCOG. Eventually a Memorandum of Understanding was agreed upon that would provide support from the adjacent cities for the conversion of the State Highway 121 main lanes to a tollway. Approval of that Memorandum of Understanding alleviated the cities from making any other payments and also provided the opportunity for the cities to be reimbursed for any prior payments. Shortly after a September 2004 Council meeting concerning the Memorandum of Understanding, I notified the Denton County Auditor's office that the city of Coppell would not make the final two $400,000 payments and would expect the refund of the $1.2 million previously paid. The only outstanding issue at that time concerning the repayment of the $1.2 million dollars to Coppell was the official approval to convert State Highway 121 to a tollway and just the minor task of selecting a firm to construct the project. As we all know, things are never really simple or easy. However, after a very interesting and intriguing bid process, NTTA was chosen as the firm that would construct State Highway 121 as a tollway. Now that that decision has been finalized, the city of Coppell has been notified by representatives of Denton County that the previously paid $1.2 million dollars will now be refunded. With this agenda item is a Supplemental Agreement #1 to the Interlocal Cooperation Agreement between Denton County and the city of Coppell regarding State Highway 121. Once Council approves this supplemental agreement and it is approved by the Denton County Commissioner's Court, the refund of the $1.2 million dollars will be processed through the Denton County Auditor's office for reimbursement to the city of Coppell. Staff recommends approval of the Supplemental Agreement #1 to the Interlocal Cooperation Agreement regarding State Highway 121 will be available to answer any questions at the Council meeting. PAUL JOHNSON CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION Kim Gilles, Chief John Feldt Jennifer McClure Hardy Burke Claire Yancey Dawn Bracket 1450 East McKinney, Suite 3100 P. O. Box 2850 Denton, Textls 76202 (940) 349-2750 Fax (940) 349-2751 September 12, 2007 Ms. Jennifer Miller c/o City of Coppell P.O. Box 9478 Coppell, Texas 75019 RE: Supplemental Agreement #1 to leA regarding SH 121 Dear Ms. Miller: Please find the enclosed three (3) original copies of Supplemental Agreement # 1 to the Interlocal Cooperation Agreement between Denton County and the City of Coppell for State Highway 121. Please execute and return all three (3) originals to our office. Once the Amendment is approved by the Denton County Commissioners Court, we will mail one (1) original back to your office and a check will be processed through the Denton County Auditor and sent to your attention. Thank you in advance for your cooperation in this matter. If you have any questions, please feel free to contact our office. John Feldt Assistant District Attorney Encl./klt approxbDately 12.1 acre. ~r property located at the aouthwe.t' cora.er or s. Royal L8II8 aDd Creek View Drive. I" Gary Sieb, Director of Planning and Community Services, made a present8;tion- . to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this item. Councilmember Peters moved to close the Public Hearing and approve the Freeport North, Lot 3, Block A, Freeport Building VI Site Plan, to allow the development of a 227,280 square foot office/warehouse facility on approximately 12.1 acres of property located at the southwest corner of S. Royal Lane and Creek View Drive, subject to the following condition: 1) An off-site right-of-way dedication of Creek View Drive be recorded and provided to the City prior to the Replat being recorded with Dallas County. Councilmember Keenan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 21. COlllllder approval of BIl Intel'loca1 SlreeDlent for State Hip..,. 121 between The Clt,. of CoppeD aael Denton County; BIld authorlzlnK the lIayo.. to .Jp. Mayor Sheehan made a presentation to the Council. City Manager Jim Witt made a presentation to the Council. Ken Griffin, Director of Engineering and Public Works, made a presentation to the Council. John Polster, Consultant, made a presentation to the Council. Mter discussion, Councilmember York moved to approve interlocal agreement for State Highway 121 between The City of Coppell and Denton County; and authorizing the Mayor to sign. Councilmember Keenan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 22. lfecesaary action resultlDl from Work SealoD. There was no action necessary under this item. 23. City IIBIlqer'. Report. A. Jolat U.e with CISD. B. Y2K Repon. CMOl112000 Page 12 of 14 ., " 6 RECEIVED FEB09sm 323 RECORDS CENTER CtTY OF COPPELL STATE OF TEXAS B II Ii COUNTY OF. DENTON INTERLOCAL CO OPERA TION AGREEMENT r THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into as of the ~ day of ~ftJ-tu~ 2000, by and between the City of Coppell ("City"), acting by and through its dty Council, (l Denton County, Texas (the "County"). WITNESSETH: WHEREAS, the County and the City desire to enter into an agreement for the design, construction and improvement of Section 13 of State Highway 121, CSJ-364-2-17 and 364-3-64 (the "Project"). WHEREAS, the Interlocal Cooperation Act, codified as V.T.e.A., Government Code, Chapter 791 (the "Act"), provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the tenns of the Act; and WHEREAS, the County has filed an application with the Texas Department of Transportation to obtain a $10,000,000 loan from the State Infrastructure Bank (the "sm Loan") to fund a portion of the Project, including, particularly the engineering therefore: WHEREAS, the City has heretofore expressed its support of the Project and the funding of a portion of the costs of said Project; WHEREAS, to enable the County to perform certain functions related to the Project, the City has heretofore agreed to pay to the County a to.tal amount of $ 2,000,000 payable in five equal annual installments of $ 400,000 each as hereinafter provided; WHEREAS, the parties hereto agree that if the sm Loan is not made or the conditions provided herein have not been met on or before October I, 2000, the City reserves the right to withdraw its commitment under this Agreement; WHEREAS, the City and the County have both found and determined and do hereby find and determine that the Project is in the best interests of the citizens of both the City and the County; NOW, THEREFORE, in consideration of the premises and covenants herein contained, the City and the County agree as follows: " INTERLOCAL COOPERATION AGREEldENT BETWEEN DENTON COUNTY AND CITY OF COPPEll -PAGE 1 30752 8 o 9.> o - ,.... ....... I. The provisions of this Agreement contained in the preambles set forth above are hereby incorporated by reference as if fully set forth in the body of this Agreement and shall become and are hereby made a part of this Agreement for all purposes. II. The City hereby agrees to pay, when the Project reaches priority 2, the County the'sum of Two Million Dollars ($2,000,000.00) (the UCity Commitment") payable in annual installments of Four Hundred Thousand Dollars ($400,000.00) on or before October 1 of the year priority 2 is reached and each October 1 thereafter until fully paid. The County agrees to provide and perform governmental functions and services as permitted by the Act in connection with the Project. In addition, the City reserves the right to withdraw and cancel the City Commitment in the event the County has not received the sm Loan proceeds by or before October 1, 2000. NO interest shall be charged to the City in connection with the installment payments of the City Commitment. The City hereby reserves the right to prepay the City Commitment at any time during the term of this Agreement, without penalty. In the event the Project does not achieve priority one status by TXDOT by October 1, 2002. the City shall be refunded any payments made under the terms of this Agreement. III. The City Commitment shall be paid only from current revenues of the City as those revenues exist from time to time~ IV. This Agreement shall be for a tenn of six (6) years or until the City Commitment is paid in full, whichever is less. v. This Agreement may not be amended or modified without the prior written consent of both the City and the County. VI. If any clause, provision or section of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect any of the remaining clauses, provisions or sections hereof. INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND CITY OF COPPELL -PAGE 2 30752 ~ ...... VIL This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same documents. VIR. This Agreement shall be governed in all respects by the laws of the State of Texas~ IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed by their duly authorized representatives pursuant to [ordinance or resolution 1 number _ of the City and Commissioners Cowt Order No. ~- ~ ~ 3 . DENTON COUNTY, TEXAS CITY OF COPPEIL, TEXAS ) A TIEST: By: ~ '\~~'CO,k""l},J: Kirk Wilson, Denton County Ju~ge:;f} . .~~ ", . ..,...... ~..-~ \~5;. f..e .,. ~ .- " - "...;~~~ · -0 ~ ....),. J. .....l\..~e ~ .~ 2- : : .. ~. ~ ~~. .. f!" :: : ..,.'.' ';' fOiitti.f$sT: 1'. . ~,." ... . p , . ...~. ..~.~!-. ~ $ '. ... ...oJ. \- t.~A. .,,_r,", ~.. .;.. .~ " '--~' ,~.. ~~ . \ ".) . ,..... ..~,O ~ ,M. . .. \""" J:S . '.. 01""" By: By: &w~~ Id,~-//;~ Assistant District Attorney 7 By: APPROVED AS TO FORM: INTERLOcAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND CITY OF COPP'RT T .PAGE 3 30752 THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ SUPPLEMENTAL AGREEMENT #1 TO INTERLOCAL COPOPERATION AGREEMENT REGARDING 88-121 DATED FEBRUARY 1. 2000 This Supplemental Agreement # 1 (the "Supplement") to the Interlocal Agreement - SH 121 executed February 1, 2000, is entered into as of the _ day of , 2007, by and between Denton County, Texas (hereinafter "the County") and the City of Cappell, Texas (hereinafter "the City"). WITNESSETH WHEREAS, the County and the City entered into an agreement for the design and construction of improvement of Section 13 of State Highway 121, CST-364-2-17 and 364-3-64 (hereinafter "the Project"); and WHEREAS, the lnterlocal Cooperation Act, Chapter 791 Texas Government Code, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the SH 121 Memorandum of Understanding executed March 24, 2005, stated that upon reimbursement by the Texas Department of Transportation ("TxDOT"), Denton County agrees to refund the City of Coppell' s State Infrastructure Loan expenditures. NOW THEREFORE, In consideration of the premIses and covenants herein contained, the City and the. County agree as follows: SUPPLEMENT AL AGREEMENT #] - CITY OF COPPELL Page 1 of3 Section 1. The provisions of this Agreement contained in the preambles set forth above are hereby incorporated by reference as if fully set forth in the body of this Agreement and shall become and are hereby made a part of this Agreement for all purposes. Section 2. The County hereby agrees to refund the City of Coppell's total State Infrastructure Bank Loan expenditure in the amount of ONE MILLION TWO HUNDRED THOUSAND AND NO/IOO DOLLARS ($1,200,000.00). On February 1, 2000, the City made a commitment to the County toward completion of the Project in the amount of TWO MILLION AND NO/IOO DOLLARS ($2,000,000.00), payable in five annual installments of FOUR HUNDRED THOUSAND AND NOIIOO DOLLARS ($400,000.00). The City only paid three out of five installments to the County for a total expenditure toward completion of the Project by the City of ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00). Section 3. If any clause, provision or section of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect any of the remaining clauses, provisions or sections hereof. Section 4. This Agreement may be executed in several counterparts, each of which shall be original and all of which shall constitute but one and the same documents. Section 5. This Agreement shall be governed in all respects by the laws of the State of Texas. SUPPLEMENT AL AGREEMENT # 1 - CITY OF COPPELL Page 2 of3 IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed by their duly authorized representatives pursuant to Resolution number of the City and Commissioners Court Order Number DENTON COUNTY, TEXAS CITY OF COPPELL, TEXAS By: Mary Horn, Denton County Judge By: Doug Sto~er, Mayor ATTEST: By: By: Deputy, County Clerk City Secretary APPROVED AS TO FORM: By: By: Assistant District Attorney City Attorney SUPPLEMENTAL AGREEMENT # 1 - CITY OF COPPELL Page 3 of3 THE.CITY.OF DEPT: City Manager September 25, 2007 AGENDA REQUEST FORM COPPELL DA TE: ITEM #: 1 2 D WORK SESSION D CONSENT I ~ I REGULAR ITEM TYPE: REPORT ITEM CAPTION: Consider approval of the Annual Report from the Coppel! Education Development Corporation. GOAL(S): EXECUTIVE SUMMARY: As required by CEDC Bylaws. FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval. . Libby Ball 2007.10.23 12: 16:40 -05'00' I!CEDC-1AR COPPELL EDUCATION DEVELOPMENT CORPORATION ANNUAL REPORT FY06-07 ANNUAL PERFORMANCE REVIEW FY07-08 PROJECTION OF GOALS FY08 BUDGET SEPTEMBER 25, 2007 ANNUAL CORPORATE BUDGET FY06-07 ANNUAL PERFORMANCE REVIEW, FY07-08 PROJECTION OF GOALS AND FY07 BUDGET FY06-07 ANNUAL PERFORMANCE REVIEW FY06-07 (October 1, 2006 through September 30, 2007) was the sixth fiscal year for the Coppell Education Development Corporation (CEDC). Sales tax collection for the CEDC is scheduled to end December 31, 2007. The following seven individuals comprised the CEDC Board of Directors: 1) Antonio Altemus 467 Clear Creek Lane, Coppell, TX 75019 2-yr. term 2) Gina Mote 1523 Falls Road, Coppell, TX 75019 2-yr. term 3) JoAnn Schauf* 215 Westwind Drive, Coppell, TX 70519 2-yr. term 4) Carrie Mamantov 126 Tumberry Lane, Coppell, TX 75019 I-yr. term 5) Brian Letzkus 105 Branchwood Trail, Coppell, TX 75019 2-yr. term 6) Thomas Massimi 1018 Gibbs Crossing, Coppell, TX 75019 2-yr. term 7) April Terry** 164 Bricknell Lane, Coppell, TX 75019 I-yr. term *Removed July 2007 due to failure to meet attendance requirements. **Filled unexpired term D. Michaels. The CEDC Board of Directors met on Wednesday, October 11, 2006 at Coppell Town Center. At this first meeting the CEDC Board elected the following to serve as officers per its bylaws: . Antonio Altemus, President . JoAnn Schauf, Vice President . Gina Mote, Secretary With these officers presiding, joined by the CEDC staff liaison Jim Witt, Coppell City Manager, and Kathy Bowling, Recording Secretary, the CEDC held five Board of Director meetings throughout FY06-07 including October 11, 2006, November 8, 2006, December 13, 2006, June 13, 2007 and September 12, 2007. The regularly scheduled January, February, March, April, May, July, and August 2007 meetings were cancelled because there were no grants to review. 2 GRANT APPLICATIONS AND REVIEW At the October 11, 2006 meeting the Board unanimously approved three grants from the Coppell Independent School District. They included: A grant in the amount of $804,917 for 13 Literacy Intervention Support teachers; a grant in the amount of $1,083,600 for nine certified teachers and three aides for ESOL; and a grant in the amount of $644,375 for 12 Spanish teachers. Two grants from The North Hills School were also approved. The first grant was for computers, proj ectors, screens, etc., to update technology in the amount of $16,311.53. The second grant was in the amount of $21,746.40 to purchase hardware and software for promoting foreign language. At the November 8, 2006 meeting the Board voted to approve a grant application from the Coppell Independent School District in the amount of $128,833 for three certified Spanish teachers. The Board then viewed a film on Open Meetings. At the December 13, 2006 meeting three grant applications from the Lewisville Independent School District (LISD) were approved unanimously. The first was in the amount of $7,675 for technology at Killough High School North. The second application was in the amount of $8,872 to provide funding for technology at Durham Middle School. And the third grant application was in the amount of $41, 193 for books and technology at Rockbrook Elementary. A fourth grant application in the amount of $9,917 was approved contingent upon a correction to the amount listed on page 8. The representative from LISD emailed the corrected page 8, which was forwarded to all Board members for their approval, which was received. At the June 13, 2007 meeting two grants from the Coppell Independent School District were approved unanimously. The first grant was for library print material in the amount of $126,000. The second grant was for equipment in the Engineering Technologies Pathway program at Coppell High School in the amount of $35,000. City Manager Jim Witt distributed the estimated sales tax collections as of March 31, 2007. SCHOOL #OF 0/0 OF BUDGET ALLOCATION STUDENTS FUNDS FOR AS OF 6/30/07 PLUS CARRYOVERS Coppell ISD 8,292 92.68% $8,444,401.41 Carroll ton/F arm ers 515 5.76% $633,116.02 Branch ISD North Hills School 84 .94% $48,358.64 Lewisville ISD 56 .63% $5,246.18 TOTAL 8,947 100.00% $9,131,122.26 3 At the September 12, 2007 meeting the Board voted unanimously to approve two grant applications from the Carrollton-Farmers Branch Independent School District. The first was for a half-time technology support specialist and substitutes for 27 days of staff development in the amount of $54,525. The second grant was for four full-time paraprofessional salaries and additional printed material to improve reading skills in the amount of $139,550. Also at this meeting the Board approved the Annual Corporate Budget for the Coppell Education Development Corporation. 2006 ACTUAL RESULTS CISD Total: $2,859,392 of $4,804,315 leaving $1,944,923 CFBISD Total: $154,800 of $295,444 leaving $140,644 NHS Total: $38, 058 of $36,371 leaving $-0- LISD Total: $28,531 of $31,895 leaving $3,364 $3,080, 781 of $5,168,024 Original sales tax projection was $3,045,000. Actual collections were $4,047,864 -- $1,002,864 excess due to revenues being higher than anticipated. Any unspent funds roll forward to the next year. SUMMARY OF FY 2006-07 GRANT AWARDS 2006-L03 CISD ESOL $1,083,600.00 2006-L04 CISD Literacy $804,917.00 2006-S01 CISD Spanish Teachers $644,375.00 2006-S02 CISD Spanish Teachers $128,833.00 2006- T02 North Hills Technology $ 16,311.53 2006-L05 North Hills Language Labs $ 21,746.40 2007- T01 LISD Technology $ 7,675.00 2007 - T02 LISD Technology $ 8,872.00 2007 - T03 LISD Technology $ 9,917.00 2007-L01 LISD Books $ 41,193.00 4 2007-L02 CISD Books 2007 - T04 CISD Technology $126,000.00 $ 35,000.00 $ 54,525.00 $139,550.00 2007-T05 C-FB Technology 2007-L03 C-FB Books TOTAL $3,173,624.93 FY07-08 PROJECTION OF GOALS The purpose and overriding goal of the Coppell Education Development Corporation, a nonprofit, non-stock corporation with no members, is to finance programs to publicly funded institutions which will promote literacy, foreign language and career technology for a skilled workforce, as authorized by Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as amended. The collection of a half-cent sales tax for education is scheduled to end on December 31, 2007. Members who take office in October 2007, along with the remaining board members, will continue to serve until all funds have been expended. In support of this goal, the objectives of the CEDC Board of Directors for FY07-08 (October 1, 2007 through final disbursement in 2008) are represented in brief by the following bulleted list: . Continue to convene the CEDC Board of Directors at regularly scheduled meetings throughout FY08 to faithfully administer the CEDC grant application, review and award funding in accordance with the bylaws, and the grant review policy adopted by the Mayor and Council. The current CEDC education development plan, in accordance with city of Coppell budgetary estimates, expects to administer in the remaining months of FY08 the following levels of grant awards: FY07 379A Sales Tax Revenue Estimate $10,312,372 . Successfully integrate new members into the CEDC Board of Directors In October 2007. . Process FY08 Grant Applications from October 2007 through the final collections in December 2007 that will be paid to the City sometime in 2008. . Finalize FY08 Grant Agreements from October 2007 through collections in 2008. . Develop and submit final CEDC Annual Corporate Budget report by October 1, 2008. 5 FY08 BUDGET The CEDC FY08 Budget included herein is based on the most current available estimate of FY08 collectable 379A sales tax revenues as provided by the Coppell Finance Director. This budget is also simply modeled to reflect the four (4) top-level account categories used as a standard in the budgets of the city of Coppell. Revenues Section 379A (Municipal Education Development Act) Sales Tax Revenue $1,181,250 Expenditures Salary & Benefits $0 $0 $0 Supplies Maintenance Services Grant Award Services $10,312,372 This Annual Corporate Budget report is respectfully submitted in accordance with the Bylaws of the Coppell Education Development Corporation (CEDC) this 25th day of September 2007. ON BEHALF OF THE CEDC BOARD OF DIRECTORS By: Antonio Altemus, President 6 THE.CITY.OF DEPT: City Manager's Office September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM #: 1 3 D WORK SESSION D CONSENT I ~ I REGULAR ITEM TYPE: PROCEDURAL ITEM CAPTION: Consider approval of a new Tax Abatement Policy for the City of Cappel! to take effect on October 1/ 2007. GOAL(S): 1..~l....c>........II.........".....JI~ I... ~~~~~=. ~~~ EXECUTIVE SUMMARY: City Council reviewed this policy in Work Session last October. This new policy requires a $7/000/000 investment for industrial users to qualify for a 75% abatement for 5 years and a $5/500/000 investment for office users to qualify for an 85% abatement for 5 years. FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Approve the new Tax Incentive Policy for the City of Cappel! to take effect on October 1/ 2007. . Libby Ball 2007.10.23 12:16:58 -05'00' l!Tax Abatement Policy - 1 AR T H :E..C. TY. 0., COPPELL .~~ A, I.\. TAX ABATEMENT APPLICATION City of Coppell Economic Development 255 Parkway Boulevard Phone: (972) 304-3677 Fax: (972) 304-3673 Date: Information may be submitted on this form using extra pages where necessary or submitted as a separate application document addressing the matters listed herein. Annlications must be filed with the Office of Economic Develonment no later than 60 days from the time a nroiect receives annroval from the Connell Plannin!! and Zonin!! Commission. No nroiect currently under construction or comnleted will receive consideration for any tyne of incentive. NAME OF APPLICANT: Name Address City, State, Zip Telephone Number Fax Number E- Mail APPLICANT'S REPRESENTATIVE: Name Address City, State, Zip Telephone Number Fax Number E- Mail ELIGIBILITY FOR TAX ABATEMENT The city of Cop pel I is committed to the attraction, retention and expansion of high quality development in the city and to an ongoing improvement in the quality of life for its citizens. To help meet these objectives, the city of Coppell will consider tax abatements or other economic incentives as stimulus for quality economic development in the city. The purpose of such incentives is to encourage development from those companies that enhance the overall economic strength of the Coppell economy through the creation of a broader tax base, revitalization to distressed areas and/or quality jobs for Coppell citizens. Equally, the purpose is to attract and/or retain those companies that will become good corporate citizens, meeting the goals and objectives of the city of Coppell. Nothing herein shall imply or suggest that the city of Coppell is under any obligation to provide any incentive to any applicant. In the following pages, applicant must provide a written narrative detailing how a development/project meets the following minimum requirements: 1. An investment of at least $7.0 million in taxable assets for industrial uses or $5.5 million for office uses. (The acquisition cost of the real estate land is not included in computing the amount of taxable assets.) 2. The City may consider tax abatement for an investment less than $7.0 million for industrial uses and $5.5 million for office uses in taxable assets based upon City evaluation of economic development factors, including but not limited to: a) the location of taxable inventory on the property; b) the amount of sales tax which the project or property will generate for the City; c) the amount of any rollback taxes triggered by the development or project. 3. The project makes a substantial contribution to redevelopment efforts. 4. The project has high visibility, image impact, or is a significantly higher level of development. 5. The project is in an area that might not otherwise be developed because of restrains of topography, ownership patterns, site configuration, or other constraints. 6. The project stimulates concentration of employment and/or commercial activity. A project submitted for tax abatement shall be subject to fiscal impact analysis to determine whether or not the services required for the facility will exceed the amount of taxes generated if an abatement was provided. No tax abatement will be offered to a project that generates negative costs to the City. CRITERIA If more than one building is being considered for incentives, please answer in detail for each building. The applicant must respond in written narrative format to the following: 1. What is the address and/or legal description of the property for the proposed facility? 2. What is the estimated value of land and approximate acreage of the property? 3. What is the proposed use of the facility? 4. What is the estimated taxable value? 5. What is the square footage for the proposed facility? 6. Describe the type of product the proposed company produces. Are any hazardous materials involved? 7. Will the facility be a shell building or a build-to-suit? 8. Will the applicant be the owner or lessee? If lessee, are occupancy commitments already existing? If yes, how long? 9. What is the projected employment number at the proposed facility and the estimated average salary? 10. Are the new jobs to be created likely to be filled by Coppell' s labor force? 11. What is the estimated number of employees that would possibly reside in Coppell? 12. What is the estimated value of building and FF&E (Furniture, Fixtures, and Equipment)? 13. What is the estimated value of inventory (not subject to Freeport Exemption)? 14. What is the estimated amount of annual sales subject to State Sales & Use Tax? 15. What will be the hours of operation? 16. Location of company headquarters. Any existing facilities in the Coppell or Dallas-Fort Worth area? 17. What types and values of public improvements, if any, will be made by the applicant? 18. Does or can the project meet all relevant zoning, subdivision and other legal requirements? 19. What impact will the proj ect have on other taxing units? (Coppell Independent School District) 20. Will the project increase the business opportunities of existing local businesses? 21. Is the project consistent with the comprehensive plan of the City? 22. Is the level of quality significantly higher than the typical projects of a similar use? Are site amenities provided such as landscaping, public art, water fountains, plazas, etc.? 23. Does the project pose any negative environmental, operational, visual or other impact (i.e. pollution, noise traffic congestion, etc.)? AMOUNT OF TAX ABATEMENT Amount of Taxable Value Percentage of abatement Subject to Percentage of Abatement or the excess taxable value The amount by which the total assessed taxable Office: 85% value of the real property and/or tangible Warehouse & Distribution: Maximum 75% personal property, or both exceeds the assessed Fabrication & Assembly: Maximum 50% taxable value for the property in the year the Manufacturing & Processing: Maximum 25% agreement is executed (base year). Mixed-use/Flex uses will be considered on an individual basis. Any other uses will also be considered on an individual basis to evaluate the desirability and compatibility of the proposed use for the community. All determined "desirable uses" by the City will receive no more than an 85% tax abatement. Tax abatements are for a period of five (5) consecutive tax years; however, the City may delay the commencement of the tax abatement until January 1 of the second year following the year in which the tax abatement is executed (i.e. tax abatement agreement is entered into during the calendar year 2004-the first year of taxes subject to abatement could be January 1, 2006). SUBMITTAL GUIDELINES Applicant should submit to the Office of Economic Development the following: 1. A completed application form addressing the criteria and guidelines listed on the preVIOUS pages. 2. A legal description of the property (if a portion of a larger platted piece of property, a separate legal description for the subject area is required). 3. A plat showing the precise location of the property, all roadways within five hundred feet of the site, and all existing zoning and land uses within five hundred feet of the site. 4. A site plan showing buildings, landscaping, parking, ingress/egress, etc. 5. Elevations showing signage, building materials, etc. ADOPTION OF AGREEMENT Any tax abatement agreement must include the following: 1. General description of the project. 2. Amount of tax abatement. 3. Method for calculating the value of the abatement. 4. Term of the abatement. 5. Legal description of the property. 6. Type, number, location and timetable of planned improvements. 7. Any specific terms or conditions to be met by the applicant. The agreement will be presented to the City Council for adoption and execution by the City Manager and any other participating taxing unit. *Should the terms of the tax abatement agreement subsequently not be satisfied, the tax abatement shall be null and void and all abated taxes will immediately become due and payable to the City of Coppell and any other taxing jurisdiction participating in the tax abatement agreement. Provisions to this effect will be incorporated into the agreement. THE.CITY.OF DEPT: City Manager's Office September 25, 2007 AGENDA REQUEST FORM COPPELL DATE: ITEM #: 1 4 D WORK SESSION D CONSENT I ~ I REGULAR ITEM TYPE: PROCEDURAL ITEM CAPTION: Consider approval of a tax incentive policy for Old Town Coppell to take effect on October 1, 2007. GOAL(S): ..bji ~~i EXECUTIVE SUMMARY: City Council reviewed this policy in Work Session in October. This policy addresses incentives specifically for projects in Old Town Coppell. See attached spreadsheet for a breakdown of available incentives. FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Approve a tax incentive policy for Old Town Coppell to take effect on October 1, 2007. . 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Location: For the purpose of this incentive policy, Old Coppell is considered to be any land generally located within the boundaries of the map attached as Appendix A. II. Purpose: The City of Coppell seeks to promote and develop Old Coppell through specialized incentives that encourage new development as well as preservation and rehabilitation of existing development. The development of Old Coppell will act as a tool for creating a sense of place based on Coppell's unique, natural and cultural assets. This comprehensive policy for promoting physical revitalization and financial reinvestment in Old Coppell is designed to attract visitors to the area, encourage preservation of existing assets and add new and exciting uses to the vicinity. The purpose of this policy is to provide general guidelines and application instructions for proceeding through the incentive process in Old Coppell. Assessment for financial assistance shall be on an individual basis; therefore, each incentive package will be considered case-by-case and requires final approval from the Coppell City Councilor their designee. The total package of incentives is generally designed to enhance the economic viability of awarded projects. This approach will allow the City the flexibility necessary to satisfy the unique needs and concerns of each applicant and the needs and concerns of the City and its citizens. This policy does not imply or guarantee that the City of Coppell will provide tax incentives to any applicant. III. Criteria for Economic Development Incentives: Incentives shall be awarded based on the degree to which the proposed project meets the goals and objectives of the City for Old Coppell. All projects must meet the following minimum criteria to be considered for any tax incentives: (1) Project must be compatible with the Old Coppell Master Plan and character of Old Coppell in the sole opinion of City Council; (2) Project must meet the minimum development standards and design guidelines set forth in the Coppell Zoning Ordinance. Additional criteria are listed for each type of available incentive. Each applicant must complete the Old Coppell Incentive Application attached as Appendix B and submit a site plan package with the application. IV. Available Incentives: Incentives may be granted for eligible facilities on all or a portion of the increased taxable value of the property over the base year value. Tax Abatements Applicants may receive up to a 75% abatement of real and personal property taxes for a maximum of 5 years. Duration and amount of abatement granted will be based upon capital investment and impact of the project to the area. Abatements are limited to new and/or improved property value. To qualify, the project must have a minimum combined real property and business personal property investment of two-hundred thousand dollars. Projects not meeting this criteria may still be considered and qualify for a smaller incentive based upon City Council's discretion. Sales Tax Rebates For businesses that generate sales tax revenue in the City of Coppell, a rebate of the City's portion of sales tax may be granted. Businesses must have a minimum of two- hundred fifty thousand dollars in annual sales to qualify for the sales tax rebate incentive. Up to 100% of the 1 % collected by the City may be rebated for a maximum of 3 years. Rebates will occur once per year during the month of April. Projects not meeting this criteria may still be considered and qualify for a smaller incentive based upon City Council's discretion. Fee Waivers Projects that qualify may receive up to a 50% waiver of Roadway Facilities Impact Fees, Building Permit Fees or both. Development Incentive The Development Incentive is designed to help spur development in Old Coppell. Applicants can apply for a development incentive to receive reimbursement of typical industry standard loan closing costs. Each applicant is limited to a maximum incentive of $5,000 and will be approved on a case-by-case basis. To qualify for this incentive, the applicant must use a lending institution located within the city limits of the City of Coppell for financing on property, and the applicant must close on the property within 90 days of incentive approval from the City. The applicant must submit the closing cost estimates at the time of incentive consideration. Once the applicant has closed on the property and the loan, documentation must be provided from the Coppell lending institution of choice showing actual closing costs. No reimbursements will be made until the property is under construction and proper documentation has been provided. Facade Grants The City of Coppell has dedicated a pool of funds to aid in the rehabilitation and restoration of the exterior facades of existing property in Old Coppell. The pool of funds will be distributed on a first come, first served basis, and approved projects will be awarded an amount equal to 50% of the actual costs to renovate the exterior fa<;ade. The minimum project cost to be considered is $3,000. To qualify for a fa<;ade grant, exterior fa<;ade renovations must include improvements such as appropriate windows, doors, awnings/canopies, shutters and signage, and any other acceptable improvement - not simply painting the exterior of the building. Projects may include rehabilitation to the entire exterior fa<;ade, but to be considered for a grant, the aforementioned improvements must also enhance the street appeal of the structure. Applicant must submit plans for construction prior to the start of the project along with bids for the improvements. All plans will need to be reviewed and approved by the Planning staff prior to commencement of the proj ect. If plans are rej ected, the applicant has the right to appeal to the Planning and Zoning Commission. The project must meet the standards for construction stated within the Historic District of the Zoning Ordinance, the Old Coppell Design Guidelines and other applicable codes. The applicant must begin the project within 90 days of approval and must complete the project within 12 months after commencing. Extensions can be approved on a case-by-case basis at the City's discretion. If approved for a grant, the City of Coppell will rebate 50% of construction costs and material costs once an applicant has completed their structure. Applicant should submit to the City of Coppell receipts at the end of the project, and the City will issue reimbursement checks once per year during the month of April. Regardless of the project cost, the total amount awarded will be capped at $25,000 per structure. Appendix A Old Coppell Boundary Map Appendix B Old Coppell Incentive Application City of Coppell Office of Economic Development 255 Parkway Boulevard Coppell, TX 75019 Phone: (972) 304-3677 Fax: (972) 304-3673 Date: Information may be submitted on this form using extra pages where necessary or submitted as a separate application document addressing the matters listed herein. NAME OF APPLICANT: Name Address City State Zip Code Telephone Number Fax Number APPLICANT'S REPRESENTATIVE: Name Address City State Zip Code Telephone Number Fax Number Applicant must provide a written narrative detailing how a development/project meets the following minimum requirements: 1. What is the address and/or legal description of the property for the proposed facil ti ty? 2. What is the proposed use of the facility? 3. What is the estimated value of the land and approximate acreage of the property? 4. Size of building: 5. Size of suite: 6. The project makes a substantial contribution to redevelopment efforts. 7. The project is consistent with the character of Old Coppell. 8. What is the estimated cost of the project? 9. What is the projected employment number at the proposed facility and the estimated average salary? 10. What is the estimated value of the building? 11. What is the estimated value of the FF&E (Furniture, Fixtures & Equipment)? 12. Will the facility be a shell building or a build-to-suit? 13. What is the estimated amount of annual sales subject to State Sales & Use Tax? 14. What will be the hours of operation? 15. What is the general nature of the business? 16. Location of company headquarters. Are there any existing facilities in the Coppell or Dallas-Ft. Worth area? 17. What types and values of public improvements, if any, will be made by the applicant? 18. Will the applicant be the owner or lessee? If lessee, are occupancy commitments already existing? If yes, how long? 19. Does or can the project meet all relevant zoning, subdivision and other legal requirements? 20. Is the project consistent with the comprehensive plan of Old Coppell? 21. Does the proj ect pose any negative environmental, operational, visual or other impact (i.e. pollution, noise, traffic congestion, etc.)? AGENDA REQUEST FORM THE.CITY.OF COPPELL DEPT: City Manager DATE: September 25, 2007 ITEM #: 1 5 D WORK SESSION D CONSENT I ~ I REGULAR ITEM TYPE: PROCEDURAL ITEM CAPTION: Consider approval of Council goals for 2007. GOAL(S): ~:I=2=i [II EXECUTIVE SUMMARY: Staff recommends approval FINANCIAL COMMENTS: RECOMMENDED ACTION: (III - IIII o III ACTION TAKEN BY COUNCIL: Staff recommends approval. . Libby Ball 2007.10.23 12: 17:40 -05'00' I!GOaIS CITY of COPPELL COUNCIL GOALS 2007-2012 1 CITY COUNCIL GOALS 2012 Maintain a Sustainable~ Financially Sound City Government with Excellent Services 1. Maintain quality customer service resulting in 90+% customer satisfaction ratings 2. Ensure adequate resources to support defined services and service levels 3. Retain reserves consistent with city policy 4. Invest in the city's future: operations & capital 5. Ensure residents are aware of city vision, goals, services and programs Develop & Revitalize Commercial Areas & Corridors 1. Continue development: corporate offices and major distribution businesses 2. Revitalize aged or deteriorating strip centers 3. Maintain and expand business tax base 4. Develop a quality hotel serving residents and guests 5. Retain and support expansion of current businesses located in Coppell Maintain & Upgrade City Infrastructure 1. Maintain and improve quality of roads, alleys, and sidewalks 2. Improve quality of storm water management systems 3. Improve and maintain quality of city facilities 4. Facilitate efficient traffic flow within and through the city 5. Improve municipal utilities where necessary and maintain existing Develop an Alive Old Coppell- A Community Destination 1. Develop a community destination: residents think of Old Coppell as a place to go 2. Attract small, niche retail businesses 3. Attract more restaurants 4. Maintain and expand the Farmer's Market 5. Attract non-residents to come and return for dining, shopping and entertainment. Maintain Attractive~ Livable Neighborhoods with Qualitv Homes 1. Protect the integrity and identity of current neighborhoods 2. Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes) 3. Maintain and increase property values in older homes 4. Have infill developments that add value to the neighborhood 5. Have a high percentage of owner occupied single family homes Create a City for a Lifetime 1. Provide leisure and recreational opportunities for all family generations 2. Maintain a reputation as a safe community for all 3. Have all generations and diverse populations feel welcome 4. Maintain top quality schools in partnership with lSD's 5. Rejuvenate community events with a high level of participation 2 COUNCIL GOALS 2012 October 2007 through September 2012 I Maintain Financially Sound and Sustainable City Government with Excellent Services Goal Description The city manager and staff will continue to focus on quality service delivery supported by sound financial policies, practices and diversified revenues creating a financially sustainable community. Working with the City Council, the city manager and staff will develop work plan elements to address the following City Council objectives: Maintain quality customer service resulting in 90+% customer satisfaction rating Ensure adequate resources to support defined services and service levels Retain reserves consistent with city policy Invest in the city's future: operations & capital Ensure residents are aware of city vision, goals, services and programs Work Plan Elements (1) Provide continuing information regarding sales tax elections for street maintenance and crime control. (10/07-11/07) (2) Provide information to facilitate decision regarding funding CRDC projects. (12/07) (3) Determine ultimate impacts of potential development outside of Coppell and determine service delivery implications. (TBD) (4) Provide necessary information to City Council to determine need and size of potential general obligation bond package. (1/08) (5) Develop affordable, sustainable health/wellness program. (7/08) (6) Assist in the Coppell 2030 process as needed. (10/07-6/08) (7) Continue 5- Year Financial Planning effort presenting update to City Council. (4/08) (8) Conduct annual review of outstanding & proposed debt. (4/08) (9) Continue city-wide & departmental satisfaction surveys. (Ongoing) (10) Continue organizational succession planning efforts. (Ongoing) (11) Continue sales tax audit program. (Ongoing) (12) Evaluate various "green" & sustainability programs for implementation. (Ongoing) (13) Complete inventory of current city sustainability efforts. (03/08) (14) Monitor potentially harmful state & federal legislation (Ongoing) (15) Continue use ofProgramlPolicy financial impact analysis for new programs, services (Ongoing) 3 I Develop & Revitalize Commercial Areas & Corridors Goal Description The city manager and staff will continue to place an emphasis on quality commercial development with a new emphasis placed on redevelopment. Planning, economic development, and code enforcement staff will proactively monitor new development and existing developments to ensure initial quality in developed and maintained. The city manager and staff will develop work plan elements to address the following City Council obj ectives: Continue development: corporate offices and major distribution businesses Revitalize aged or deteriorating strip centers Maintain and expand business tax base Develop a quality hotel serving residents and guests Retain and support expansion of current businesses located in Coppell Work Plan Elements (1) Develop policy to encourage redevelopment within the community. (3/08) (2) Continue to facilitate the development of the Leslie tract. (Ongoing) (3) Assist the City Council and Economic Development Committee in developing a comprehensive retail strategy. (3/08) (4) Initiate revision to Comprehensive Plan to incorporate Coppell 2030 direction. (8/08) (5) Revise development standards in keeping with Coppell 2030 findings. (8/08) (6) Develop a bona-fide business retention plan with or without the assistance from outside agencies. (6/08) (7) Provide a comprehensive review of current sign code issues and assist in revising the code to better meet the intent of the City Council (3/08) 4 I Maintain & Upgrade City Infrastructure Goal Description The city manager and staff will continue to identify Infrastructure Maintenance Fund projects and priorities and provide Council with funding recommendations for FY '08 budget and future projections. Staff will continue to place an emphasis on street, facility, and grounds maintenance. Staff will continue work to complete capital improvements as planned. The city manager and staff will develop work plan elements to address the following City Council objectives: Maintain and improve quality of roads, alleys, and sidewalks Improve quality of storm water management systems Improve and maintain quality of city facilities Facilitate efficient traffic flow within and through the city Improve municipal utilities where necessary and maintain existing Work Plan Elements (1) Complete the design and issue certificates of obligation for Coppell Road, Southwestern Boulevard, and Deforest Road. (9/08) (2) Initiate construction of South Coppell Road. (9/08) (3) Finalize funding and begin design for Freeport extension. (TBD) (4) Secure ROW for remaining portions of Sandy Lake and Bethel Roads. (1/08) (5) Initiate debris removal program from creeks to lessen flood potential. (Ongoing) (6) Install way-finding signage upon City Council approval. (9/08) (7) Implement sidewalk completion plan upon issuance of certificates of obligation. (9/08) (8) Provide annual update to the Infrastructure Maintenance Plan. (4/08) (9) Complete annual street, sidewalk, alley maintenance program. (Ongoing) (10) Complete design of Bethel and Coppell Roads ensuring streetscapes and parking compliment Old Coppell. (5/08) 5 I Develop an Alive Old Coppell- A Community Destination Goal Description Working with the City Council, Economic Development Committee and the development community, the city manager and staff will continue to explore various development opportunities in Old Coppell. Street improvements in Old Coppell will be completed to facilitate the development of the area. The city manager and staffwill develop work plan elements to address the following City Council objectives: Develop a community destination: residents think of Old Coppell as a place to go Attract small, niche retail businesses Attract more restaurants Maintain and expand the Farmer's Market Attract non-residents to come and return for dining, shopping and entertainment Work Plan Elements (1) Continue assessment of Carter-Crowley development options (Ongoing) (2) Monitor the progress of the Kolberg development. (Ongoing) (3) Begin construction on the Senior/Community Center. (11/07) (4) Determine final site for Kirkland house. (2/08) (5) Evaluate additional public parking needs in Old Coppell. (3/08) (6) Complete design of Bethel and Coppell Roads ensuring streetscapes and parking compliment Old Coppell. (5/08) (7) Continue to assess Farmers Market and make temporary improvements as necessary. (Ongoing) (8) Determine use of existing Senior Center. (2/08) (9) Work with Old Town interest groups to develop a clear understanding of City role and perspective on future of Old Coppell. (6/08) (10) Develop a detailed incentive program designed to attract commercial development to Old Coppell. (3/08) 6 I Maintain Attractive, Livable Neighborhoods with Quality Homes Goal Description The city manager and staffwill provide enhanced code enforcement and neighborhood integrity efforts. Efforts to preserve the environment will continue and expand. Infrastructure maintenance efforts will continue to facilitate the preservation of property values. The city manager and staff will develop work plan elements to address the following City Council objectives: Protect the integrity and identity of current neighborhoods Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes) Maintain and increase property values in older homes Have infill developments that add value to the neighborhood Have a high percentage of owner occupied single-family homes Work Plan Elements (1) Complete a comprehensive review of neighborhood integrity programs assessing their effectiveness and provide recommendations for improvement to the City Council (2/08) (2) Continue communication efforts with HOA's and other neighborhoods to ensure HOA common area responsibilities are maintained per zoning requirements. (Ongoing) (3) Explore options available to conduct a fence condition inventory to assist the staff in neighborhood integrity code enforcement efforts. (2/08) (4) Provide City Council with data from Coppell 2030 effort and other sources regarding residential redevelopment to assist in determining desirability of "McMansions" and/or "empty nester" housing alternatives. (8/08) (5) Implement enhanced code enforcement and neighborhood integrity effort with the addition of one code enforcement officer. (1/08) 7 I Create a City for a Lifetime Goal Description Working with the community, City Council, and all interested parties, the city manager and staff will work to provide services, amenities, and programs for residents of all ages, ethnicities, and interest levels. Recreation, leisure services, and library services will evolve to meet the changing demands in the community. Efforts to continually improve the quality of City sponsored special events will continue. Efforts to support the lSD's serving our community will continue. Public safety service delivery will continue to be a priority of the Council and staff. The city manager and staffwill develop work plan elements to address the following City Council objectives: Provide leisure and recreational opportunities for all family generations Maintain a reputation as a safe community for all Have all generations and diverse populations feel welcome Maintain top quality schools in partnership with lSD's Rejuvenate community events with a high level of participation Work Plan Elements (1) Finalize cemetery operational plans and begin phase I construction. (4/08) (2) Complete the annual update of the park master plan and make recommendations through the Park Board regarding project development and construction of CRDC and general park improvements timely to provide opportunity for possible park bond election. (1/08) (3) Provide staff liaisons to youth activity groups including the Y AC and Get Connected efforts. Provide quarterly reports to the City Council regarding this effort. (1/08, 4/08, 7/08, 10/08) (4) Maintain library programs including Volunteen, Summer Reading and Homework Center programs. (Ongoing) (5) Enhance library E-Branch to increase flexibility for library patrons and streamlined operations for staff. (Ongoing) (6) Employ Coppell 2030 recommendations regarding how to better communicate with an increasingly diverse population. (Ongoing) (7) Complete the CARE diversity training for all staff. (9/08) (8) Develop methods to use various points of contact as a means to reach out to diverse populations, particularly the Library and the Aquatics & Recreation Center. (Ongoing) (9) Implement Coppell 2030 findings incorporating needed service delivery changes to meet changes in demand and expectations. (9/08) (10) City staffwill continue Citizen Emergency Response Teams (CERT) by providing continuing education opportunities for existing members. (Ongoing) 8 (11) City staffwill utilize HOA's to educate the public and provide information regarding emergency incidents in the community and how neighborhoods can better prepare for emergencies. (Ongoing) (12) City staffwill maintain information for the City's website designed to assist citizens in making preparations to deal with an emergency or disaster. (Ongoing) (13) City staff will continue, and expand where needed, the many public safety education classes offered through the Police and Fire Departments including, but not limited to, Self-Defense for Women, CPR, First Aid, and others. (Ongoing) (14) City staffwill develop and disseminate information to the community regarding the Code Red system on a quarterly basis. (Quarterly) (15) Plan, coordinate and execute an annual themed community event, beginning in October of 2007. (10/07) (16) Complete construction of the Town Center Plaza. (01/08) (17) Work with the Park Board to review methods of enhancing the July 4th Parade. (07/08) (18) Plan, coordinate and execute the July 4th Community Parade and Fir Fireworks. (07/08) (19) Plan, coordinate and execute the annual Holiday Parade and Open House. (12/08) (20) Traffic Report - Activities of the Traffic and Patrol Units regarding citations and warnings issued as well as arrests for DWIIDUI and traffic enforcement issues. Education programs regarding traffic safety within the community will also be reported. (1108, 4108, 7/08, 10/08) (21) Community Services Report - Activities of the Community Services Unit regarding educational programs for children and adults to include, but not limited to National Night Out activities, Women's Self Defense, Women's Self Defense for High School Seniors, Citizens Police Academy, Drug and Alcohol Education in CISD and all other community oriented programs that are educational or informative. (1/08, 4108, 7/08, 10/08) (22) Organized Crime Unit Report - Activities of the Organized Crime Unit (OCU) regarding narcotic and alcohol violations in the Metroplex that have a direct impact on the citizens of the City of Coppell. (1/08, 4108, 7/08, 10/08) 9 THE.CITY.OF AGENDA REQUEST FORM COPPELL ~~~i ~" ~\ ,_~~~__'C' ~. -Il .<\'" / A. S DATE: September 25, 2007 ITEM #: 1 6 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding the "Dig for a Cure" held on September 22nd. B. Report by Councilmember Faught regarding Grapefest. C. Report by Councilmember Tunnell regarding National League of Cities. D. Report by Councilmember Tunnell regarding Economic Development Steering Committee Meeting. Agenda Request Form - Revised 09/02 Document Name: %mayorreport THE.CITY.OF AGENDA REQUEST FORM COPPELL ~~~i ~" ~\ ,_~~~__'C' ~. -Il .<\'" / A. S DATE: September 25, 2007 ITEM #: 1 7 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Tunnell. B. CoppelllSD - Councilmembers Peters and Faught. C. Coppell Seniors - Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition - Councilmember Peters. E. Economic Development Committee - Mayor Pro Tem Hinojosa-Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) - Councilmember Brancheau G. Metrocrest Hospital Authority - Councilmember Tunnell. H. Metrocrest Medical Foundation - Councilmember Tunnell. I. Metrocrest Medical Services - Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center - Councilmember Tunnell. K. North Texas Council of Governments - Councilmember Brancheau. L. NTCOG/Regional Emergency Management - Councilmember Franklin. M. North Texas Commission - Councilmember York. N. Senior Adult Services - Councilmember Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport THE.CITY.OF AGENDA REQUEST FORM COPPELL DATE: September 25, 2007 ITEM #: ES- 1 8 EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppelllndependent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-1 07; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No.3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191 st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101 st District Court. 2. Seek legal advice from the City Attorney regarding applicability of City of Coppell Zoning Ordinance and actions of the Planning and Zoning Commission. B. Section 551.087, Texas Government Code - Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. C. Section 551.074, Texas Government Code - Personnel Matters. 1. Deliberation regarding City Manager Evaluation. Agenda Request Form - Revised 02/04 Document Name: %exsessn THE.CITY.OF AGENDA REQUEST FORM COPPELL >i~'i' ~,*"~ DATE: September 25, 2007 -Il .<\'" A. s/ ITEM #: 1 9 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryacti onwork THE.CITY.OF AGENDA REQUEST FORM COPPELL >i~'i' ~,*"~ DATE: September 25, 2007 -Il .<\'" A. s/ ITEM #: 20 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec C IC o G ND I MI ION Council Meeting Date: September 25, 2007 Department Submissions: Item No. 10/8 was placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ~ 2007.09.20 09:50:52 -05'00' Police Department Item No. 10/F was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ~ Vivyon Bowman - .2007.09.20 . · ....10:00:21 -05'00' Human Resources Department Item No. 11 was placed on the Agenda for the above-referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. Ii, ..,..,.Ke..n. G. riffin 2007.09.2 < .. 010:56:09 I -05'00' Engineering Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. . City Manager (or Deputy City Manager)