The URL can be used to link to this page

CP 2012-08-28City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, August 28, 2012 KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tem BOB MAHALIK BILLY FAUGHT Place 2 Place 5 WES MAYS MARVIN FRANKLIN Place 3 Place 6 GARY RODEN AARON DUNCAN Place 4 Place 7 CLAY PHILLIPS City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, 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 this meeting is to consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects north of Hackberry and east of Belt Line. B.Discussion regarding economic development prospects north of Bethel Road and east of Royal Lane. Page 1 City of Coppell, Texas Printed on 8/24/2012 August 28, 2012City Council Meeting Agenda Section 551.072, Texas Government Code - Deliberation regarding Real Property. C.Discussion regarding property purchases and matters concerning property located at Northlake. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding the Jail Consolidation Initiative. B.Presentation on Retail and Restaurant Recruitment. C.Update regarding the Sign Ordinance Project. D.Update on the Residential Redevelopment and Housing Inventory. E.Discussion of Agenda Items. Retail and Restaurant Recruitment Strategy Memo.pdfAttachments: Regular Session (Open to the Public) 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Swearing in of Deputy City Manager. 7.Consider approval of a proclamation naming September 2012 as “Fall Prevention Awareness Month;” and authorizing the Mayor to sign. Proclamation Fall Prevention Month 2012.pdfAttachments: 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of minutes: August 14, 2012. Minutes for August 14, 2012.pdfAttachments: B.Consider approval of a contract for the renewal of the Dallas County Health Services Interlocal Agreement, effective October 1, 2012 through September 30, 2013, in the amount of $3,131.00; and authorizing the Mayor to sign and execute any necessary documents. Health Services Interlocal Memo.pdf Health Services Interlocal Agreement.pdf Attachments: C.Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the Coppell Municipal Court of Record No. 1 of the City of Coppell; authorizing the Mayor to sign; and consider approval of contracts for the Presiding Judges and Alternate Municipal Judges; and authorizing the City Manager to sign. Page 2 City of Coppell, Texas Printed on 8/24/2012 August 28, 2012City Council Meeting Agenda Ordinance.pdf 2012 Moseley Independent Contract.pdf 2012 Nesbitt Independant Contract.pdf 2012 Landwehr Independent Contract.pdf Attachments: D.Consider approval of an Economic Development Agreement by and between the City of Coppell and Shannon & Andree Limited Partnership, and authorizing the Mayor to sign. Shannon & Andree Limited Partnership Facade Grant Memo.pdf Shannon & Andree Facade Grant.pdf Attachments: E.Consider approval of awarding a contract to Brinson Benefits, Inc. for benefits consulting and other related services in the amount of $80,514.00 and authorizing the City Manager to sign all necessary documents. Brinson Benefits 2012 Contract Memo.pdf Brinson Benefits 2012 Professional Services Agreement.pdf Attachments: F.Consider approval of awarding the renewal Organ Transplant Coverage to National Union Fire Insurance in the amount of $53,477.00 and authorizing the City Manager to sign all necessary documents. Organ Transplant 2012 Proposal Memo.pdf Organ Transplant Proposal 2012.pdf Attachments: G.Consider approval of accepting the resignation of Eric Dillie from Keep Coppell Beautiful. Eric Dillie Email.pdfAttachments: End of Consent Agenda 10.PUBLIC HEARING: To receive public comment concerning the proposed 2012-13 budget for the Coppell Crime Control and Prevention District. Crime Prevention Mission 2013.pdf Crime Prevention Fund Summary 2013.pdf Crime Prevention Personnel 2013.pdf Public Hearing Notice Crime Control 12-13.pdf Attachments: 11.Consider approval of the proposed 2012-2013 Budget for the Coppell Crime Control and Prevention District. 12.PUBLIC HEARING: To receive public comment concerning the proposed 2012-13 Municipal Budget. Public Notice Budget 12-13.pdfAttachments: 13.Consider approval of TCPN Contract #R5101 with Weatherproofing Technologies, Inc. in the amount of $593,526.90 for the removal, Page 3 City of Coppell, Texas Printed on 8/24/2012 August 28, 2012City Council Meeting Agenda rehabilitation, and installation of all necessary construction components to Facilities Rooftop Infrastructure as a result of the hail damage; and authorizing the City Manager to sign and execute any necessary documents. Roof Hail Damage Repair Memo.pdf Roof Hail Damage Repair Exhibit.pdf Roof Hair Damage Repair Claim Estimate.pdf Roof Hail Damage Repair WTI Cost Comparison.pdf Roof Hail Damage Repair WTI Proposal.pdf Attachments: 14.Consider approval of a quote from H&G Systems, Inc., in the amount of $75,000.00, for the replacement of water heating boilers at the Coppell Aquatic and Recreation Center; and authorizing the City Manager to sign the necessary documentation. Staff Memo.pdf H&G Price Quote.pdf H&G Sole Source Letter.pdf Attachments: 15.Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell by amending Article 5-2 ("Court Costs and Fees") of Chapter 5 ("The Municipal Court of Record") by adding Section 5-2-5, imposing a Juvenile Case Manager fee as a cost of court, creating a Municipal Court Juvenile Case Manager Fund, and designating the uses for the said fund as hereinafter set forth; providing a severability clause; providing an effective date. Juveile Case Manager Memo.pdf Juvenile Case Manager Ordinance.pdf Rules for Juvenile Case Managers of the City of Coppell (2).pdf Attachments: 16.City Manager Reports Project Updates and Future Agendas. 17.Mayor and Council Reports Report by Mayor Hunt regarding upcoming Fall events. 18.Council Committee Reports A.Carrollton/Farmers Branch ISD/Lewisville ISD - Faught and Roden B.Coppell ISD - Mahalik and Mays C.Coppell Seniors - Brancheau and Faught D.Dallas Regional Mobility Coalition - Hunt E.International Council for Local Environmental Initiatives (ICLEI) - Brancheau F.Metrocrest Medical Foundation - Mahalik Page 4 City of Coppell, Texas Printed on 8/24/2012 August 28, 2012City Council Meeting Agenda G.Metrocrest Family Medical Services - Mays H.Metrocrest Social Service Center - Franklin I.North Central Texas Council of Governments - Duncan J.North Texas Commission - Roden K.Senior Adult Services - Franklin 19.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 20.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, 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 24th day of August, 2012, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - 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 makes 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 (TDD 1-800-RELAY, TX 1-800-735-2989). Page 5 City of Coppell, Texas Printed on 8/24/2012 Date: August 28, 2012 From: Mindi Hurley, Economic Development Coordinator RE: Retail and Restaurant Recruitment Strategy The 2011-2012 adopted goals include a Restaurant Recruitment Strategy. The Economic Development Committee has put together a recruitment strategy for both retail and restaurants and is ready to present it for City Council’s review. The strategy includes everything from gathering data on household-level analytics to hiring a company that is a leader in the field of site selection that can utilize strategic partnerships to match retail and restaurant concepts with Coppell. The committee is ready to implement the first stage of the strategy immediately. PROCLAMATION WHEREAS, the city of Coppell in Denton and Dallas counties is home to more than 38,000 citizens; 5,500 are between the ages of 55 and 84; and WHEREAS, older Texans are valuable members of our society who enhance our communities and personal lives; and WHEREAS, one out of three older Texans will fall this year; and WHEREAS, falls among older adults account for 40% of all nursing home admission; and WHEREAS, falls cost our state $1.8 billion dollars annually; and WHEREAS, the emotional, psychological and catastrophic costs that effect families and caregivers is immeasurable. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim that September 2012 to be "FALL PREVENTION AWARENESS MONTH" and urge everyone to take time during September of 2012 to learn about factors that contribute to falls and strategies that can lessen the chance that they will experience a fall. Our efforts can improve the lives of our older citizens and help pave the way for safer future generations. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 28th day of August 2012. _________________________________ Karen Selbo Hunt, Mayor ATTEST: ___________________________ Christel Pettinos, City Secretary 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 6:00 PM Council ChambersTuesday, August 14, 2012 KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tem BOB MAHALIK BILLY FAUGHT Place 2 Place 5 WES MAYS MARVIN FRANKLIN Place 3 Place 6 GARY RODEN AARON DUNCAN Place 4 Place 7 CLAY PHILLIPS City Manager Karen Hunt;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Billy Faught;Marvin Franklin and Aaron Duncan Present 8 - Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 14, 2012, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present and convened into Executive Session at 6:03 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property.2. A.Discussion regarding the acquisition of real property located at 265 Parkway Blvd., Coppell, Texas. Read and Filed B.Discussion regarding property purchases and matters concerning property located at Northlake. Page 1City of Coppell, Texas August 14, 2012City Council Minutes Read and Filed Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:35 p.m. and convened into Work Session. A.Discussion regarding an ordinance establishing Urban Residential District (RBN). B.Discussion and review of the written Investment Policy. C.Discussion regarding Boards and Commissions Interview Preferences. D.Discussion of Agenda Items. Read and Filed Regular Session (Open to the Public) Mayor Hunt adjourned the Work Session and reconvened into Regular Session. Invocation 7:30 p.m.4. Councilmember Wes Mays gave the Invocation. Pledge of Allegiance5. Cole McKenzie, with Troop 690, led those present in the Pledge of Allegiance. Citizens’ Appearance6. 1) Robert Larsen, 530 Mobley Way Ct., spoke in regards to city parks and the road construction projects at Bethel Road, S. Coppell Road and Sandy Lake Road. Consent Agenda7. A.Consider approval of minutes:July 24, 2012 and July 30, 2012. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Agenda Items A-G be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - B.Consider approval of an Interlocal Purchasing Agreement between the City of Rowlett and the City of Coppell; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Page 2City of Coppell, Texas August 14, 2012City Council Minutes Councilmember Gary Roden, that Agenda Items A-G be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - C.Consider approval of an Ordinance for Case No. PD-255-SF, Westhaven, a zoning change from HC (Highway Commercial) to PD-255-SF (Planned Development-255-Single Family), to permit the development of 297 residential lots and 37 common area lots on 93.8 acres of property located south of S.H. 121, approximately 450 feet west of Magnolia Park and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Agenda Items A-G be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 91500-A-0594 D.Consider approval of an ordinance amending Chapter 15 of the Code of Ordinances of the City of Coppell by adding Article 15-16, Contractor Registration, by adding Section 15-16-1, “Contractor Registration Policy,” Section 15-16-2, by adding a definition for Contractor and stating guideline exemptions, and Section 15-16-3, by establishing promulgated registration requirements; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Agenda Items A-G be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: ORD 2012-1314 E.Consider approval of the certification of the 2012 anticipated collection rate for the period of July 1, 2012 through June 30, 2013 and the amount of excess debt collections during the period of July 1, 2011 through June 30, 2012. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Agenda Items A-G be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Page 3City of Coppell, Texas August 14, 2012City Council Minutes F.Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Agenda Items A-G be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - G.Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to Pretreatment Charges and Fees, Coppell City Code Miscellaneous fees, and Impact Fees and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Agenda Items A-G be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2012-0814.1 End of Consent Agenda 8.PUBLIC HEARING: Consider approval of Case No. PD-229R2-LI, Minyard Addition, a zoning change request from PD-229-LI (Planned Development-229-Light Industrial) to PD-229R2-LI (Planned Development-229 Revision 2-Light Industrial), to amend the Detail Site Plan of Lot 4R, to allow the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces with a masonry screening wall on 6.9 acres of property located at 849 Freeport Parkway. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Richard Nordyke, representing the applicant, was available for questions. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve subject to the following condition: 1) Replat of Lot 4R to revise the fire lanes and utility easements. Page 4City of Coppell, Texas August 14, 2012City Council Minutes The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 9.PUBLIC HEARING: Consider approval of Case No. PD-202R-TH-1, Villas of Lake Vista, PH 2, a zoning change request from PD-202-TH-1 (Planned Development-202-Townhouse-1) to PD-202R-TH-1 (Planned Development-202 Revised-Townhouse-1), to amend the Detail Site Plan to allow 39 single-family lots and (5) five common area lots to replace 62 townhome lots and (8) eight common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard. Items 9-11 were heard together. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Matthew Alexander, representing the applicant, made a presentation to Council. Bruno Paschinelli, representing the applicant, answered questions of Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, to close the Public Hearing. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 10.Consider approval of Villas of Lake Vista, PH 2, Preliminary Plat, to allow 39 single-family lots and (5) five common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard. Items 9-11 were heard together. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Billy Faught, to approve: Item 9 subject to the following conditions: 1) Add provided off-street parking total to the Development Data Chart; 2) There will be additional Engineering comments during detailed plan review; Item 10 subject to the following conditions: 1) Coordinate with the City of Lewisville and LID for curb cuts and drainage tie-ins; Page 5City of Coppell, Texas August 14, 2012City Council Minutes 2) Zoning is PD-202-RTH, not RSF; 3) Label Point of Beginning on Preliminary Plat; 4) Contact City of Lewisville and advise them of parking lot removal; obtain written acknowledgement from the City; 5) There will be additional comments during detailed Engineering plan review; And Item 11. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 11.Consider granting the Planning & Zoning Commission authority for final plat approval of Villas of Lake Vista PH 2, to allow 39 single-family lots and (5) five common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard. Items 9-11 were heard together. See Item 10 for action. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 12.PUBLIC HEARING: Consider approval of Case No. PD-200R3-SF-7, Petterson Addition, a zoning change request from PD-200R2-SF-12 (Planned Development-200 Revision 2-Single Family-12) to PD-200R3-SF-7 (Planned Development-200 Revision 3-Single Family-7), to allow the development of eight (8) residential lots and three (3) common area lots on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. The applicant filed a letter to withdraw this item. 13.PUBLIC HEARING: Consider approval of Case No. PD-250R3R-H, Old Town Addition (Main St) Entry Feature Sign, Lot 1RX, Block B, a zoning change request from PD-250R3-H (Planned Development-250 Revision 3-Historic) to PD-250R3R-H (Planned Development-250 Revision 3 Revised-Historic), to establish a Detail Sign for the Entry Feature on 0.022 acres of property located at the southeast corner of Bethel Road and Main Street. Presentation: Matt Steer, Planner, made a presentation to Council. Greg Yancey, representing the applicant made a presentation to Council. Page 6City of Coppell, Texas August 14, 2012City Council Minutes Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Robert Larsen, 530 Mobley Way Ct., spoke against the item. 2) Joe Shirley, 582 Villawood Ln., spoke against the item. 3) Charles Chance, 456 Bethel Rd., spoke against the item. 4) Steven Chadick, 509 W. Bethel Rd., spoke against the item. 5) Jay Khorrami, 449 Bethel Rd., spoke against the item. 6) Nicholas Osmond, 410 Gifford, spoke against the item. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Billy Faught, to close the Public Hearing and approve subject to the following condition: 1) Reduce the size of the lettering by 25%. The motion passed with Councilmember Duncan voting against. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught and Councilmember Marvin Franklin Aye:6 - Councilmember Aaron DuncanNay:1 - 14.PUBLIC HEARING: Consider approval of Case No. PD-250R5-H, Old Town Addition (Main St) Retail/Office Cottages, Lots 2R-4R, Block A, a zoning change request from PD-250-H (Planned Development-250-Historic) to PD-250R5-H (Planned Development-250 Revision 5-Historic), to establish a Detail Site Plan for three (3) retail/office cottage buildings on three (3) separate lots on 0.35 acres of property located on the northwest corner of Main Street and Houston Street. Presentation: Matt Steer, Planner, made a presentation to Council. Greg Yancey, representing the applicant, addressed Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Billy Faught, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve subject to the following condition: 1) Submittal of a Detailed Landscaping Plan for Lot 2R prior to obtaining a building permit. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 15.PUBLIC HEARING: Consider approval of Case No. PD-250R6-H, Old Town Addition (Main Page 7City of Coppell, Texas August 14, 2012City Council Minutes St) Retail/Restaurant, Lot 1R, Block D, a zoning change request from PD-250-H (Planned Development-250-Historic) to PD-250R6-H (Planned Development-250 Revision 6-Historic), to establish a Detail Site Plan for a 5,034-square-foot retail/restaurant building on 0.19 acres of property located on the southwest corner of West Main Street and Houston Street. Presentation: Matt Steer, Planner, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to close the Public Hearing and approve. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 16.PUBLIC HEARING: Consider approval of a text amendment to add Article 18A, Residential Urban Neighborhood District (RBN), to the Zoning Ordinance (Section 12-18A of the Code of Ordinances). Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Billy Faught, seconded by Councilmember Aaron Duncan, to close the Public Hearing and approve. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 17.Consider approval of an Engineering Design Contract with Walter P. Moore and Associates to provide professional engineering design services for the Creekview Retaining Wall and Roadway Improvements; for an amount not to exceed $90,830.00; as provided for in CIP funds; and authorizing the City Manager to sign and execute all necessary documents. Presentation: George Marshall, Civil Engineer, made a presentation to Council. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Page 8City of Coppell, Texas August 14, 2012City Council Minutes Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 18.Consider approval of award of Bid #Q-0612-01 for the Tax 2011B street reconstruction project in the amount of $588,100.00 and approval of an incentive bonus amount of up to an additional $20,000.00 for a total award of $608,100.00 to CPS Civil for construction of Vanbebber Drive; and Tax 2010A in the amount of $1,135,632.25 and approval of an incentive bonus amount of up to an additional $40,000.00 for a total award of $1,175,632.25 to RKM Utilities for construction of Willow Springs Drive; as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 19.Consider approval of a development agreement between the City of Coppell and the Friends of Coppell Nature Park, for the construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 20.Consider approval of an Interlocal Cooperation and Development Agreement between the City of Coppell and the Coppell Independent School District for the acquisition and construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Page 9City of Coppell, Texas August 14, 2012City Council Minutes Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 21.Consider approval to purchase the land and building at 265 Parkway Blvd., Coppell, Texas, in the amount of $3,353,926.55, as provided for in the designated fund balance; and authorizing the City Manager to execute any necessary documents. Presentation: City Manager Clay Phillips made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 22.Consider approval of a Resolution expressing official intent to reimburse costs of City projects and paying legal and fiscal fees in connection with 255 and 265 Parkway Blvd., prior to the issuance of the bonds, and authorizing the Mayor to sign. Presentation: City Manager Clay Phillips made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - City Manager Reports23. Project Updates and Future Agendas. City Manager Clay Phillips reported on the West Nile Virus concern in Dallas County. Dallas County is contemplating aerial spraying as early as August 16th. Cities are meeting this week to decide whether or not to participate with the guidance of the CDC and Texas Department of Health. The cost will be paid for by the State of Texas. The chemical is the same chemical Coppell currently uses in its ground spraying, only diluted due to the aerial distribution. The City will be publicizing in every possible manner to get the word out to the citizens ahead of time. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 24. Page 10City of Coppell, Texas August 14, 2012City Council Minutes Nothing to report. Necessary Action from Executive Session25. Nothing to report. Adjournment There being no further business to come before the Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, 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 10th day of August, 2012, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - 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 makes 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 (TDD 1-800-RELAY, TX 1-800-735-2989). Page 11City of Coppell, Texas MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Perri A. Kittles, R.S., Environmental Health Officer DATE: August 28, 2012 RE: Consider approval of a contract for the renewal of the Dallas County Health Services Interlocal Agreement, effective October 1, 2012 through September 30, 2013, in the amount of $3,131.00; and authorizing the Mayor to sign and execute any necessary documents. This agenda item is for the renewal of an Interlocal Agreement for coordinated Health Services between the City of Coppell and Dallas County Health and Human Services. The County agrees to operate the Program, which will include the following Health Services: Tuberculosis Control Services; Sexually Transmitted Disease Control Services; Communicable Disease Control Services; and Laboratory Services. The County agrees to provide to the City, in accordance with state and federal law, the following public health services: Immunizations; Child health care; High risk infant case management; and Home visits. This Agreement has been in existence for 20 plus years, and the City is billed by the County on a monthly basis. The billing amount has remained the same for the past 10 plus years. Staff recommends renewal of the Agreement. Staff will be available to answer any questions at the Council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPOINTING A PRESIDING MUNICIPAL JUDGE AND ALTERNATE MUNICIPAL JUDGES OF THE COPPELL MUNICIPAL COURT OF RECORD NO. 1 OF THE CITY OF COPPELL, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, State law requires a municipality to enact ordinances for the appointment of judges and alternate judges; and WHEREAS, the term of the current Municipal Judge and Alternate Judges have expired; and WHEREAS, the Council desires to reappoint the current Municipal Judge and Alternate Municipal Judges. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That in accordance with the provisions of the City Charter and State law, the City Council hereby appoints Hon. Marian Moseley to serve as the Municipal Judge of the Coppell Municipal Court No. 1, and shall act as the presiding judge of said Court, and, the City Council hereby appoints Hon. Kim Nesbitt and Hon. Terry Landwehr and shall each serve as Alternate Municipal Judges. The Municipal Judge and Alternate Municipal Judges appointed herein shall each have and possess the authority, powers, rights, duties, and jurisdiction granted to and imposed on municipal judges of the Courts of Record of the State of Texas by the provisions of State law, City Charter and the ordinances of the City of Coppell. SECTION 2. That the Municipal Judge and the Alternate Municipal Judges appointed hereunder shall each serve a term of office of two (2) years commencing from the effective date hereof, unless sooner terminated according to the provisions of law. SECTION 3. That the City Manager shall determine the appropriate compensation and negotiate with the foregoing persons such contracts and agreements as may be deemed necessary and appropriate and shall execute such contracts as the act and deed of the City. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of _____________________________, 2012. APPROVED: ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________________ ROBERT E. HAGER, CITY ATTORNEY CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 1 CITY OF COPPELL CONTRACTOR AGREEMENT THIS CONTRACTOR AGREEMENT (the “Agreement”), dated to be effective the ___ day of _______ 2012, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Marian Moseley (“Contractor”). Subject to the terms and conditions of this Agreement, City hereby engages Contractor as an independent contractor to serve as its Municipal Court Judge, and Contractor hereby accepts such engagement. City and Contractor agree as follows: 1. Independent Contractor Relationship. Upon appointment by the City Council, Contractor shall serve as the Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. All duties performed by Contractor under this Agreement shall be as an independent contractor. Contractor is not an employee of City for any purpose. 2. Duties. In her role as Municipal Court Judge, Contractor created the scope of services attached hereto as Exhibit “A” which is incorporated herein for all purposes. Contractor agrees to perform the duties and responsibilities set out in Exhibit “A,” and in so doing, agrees that she will not be supervised by City and that City is relying on her to: exercise her unique expertise, knowledge and skills; use her independent judgment and discretion; and retain and exercise full control over the details and means by which she carries out her duties. Contractor will perform her duties in a professional, courteous, and timely manner. Contractor will establish her own work hours, and if she is unable to maintain her established work hours on a particular day, she will notify an Alternate Municipal Judge and the Court Administrator at least five business days in advance, except in cases of illness or emergency, in which case Contractor will provide as much advance notice as possible. In carrying out her duties, Contractor further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Contractor further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as the Municipal Court Judge, Contractor will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, national origin, disability, age, or any other characteristic protected by law. 3. Term. The term of this Agreement is for two (2) years, unless sooner terminated as provided herein. 4. Compensation. City will pay Contractor $6,410.00 a month, prorated for any partial month, during the term of this Agreement. Upon receipt of Contractor’s monthly invoice, payment will be made in accordance with City’s routine accounts payable procedures. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 2 5. Contractor’s Qualifications. Contractor covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Rules of Judicial Conduct. Contractor also affirms that she has two or more years of experience in the practice of law in the State of Texas. Contractor is responsible for any expenses associated with maintaining her Texas bar license and for any continuing education required to perform her duties hereunder. Contractor represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas rules of evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6. Court Facilities. As required by law and in order to assist the citizenry, City will provide a courtroom, jury room, office, office furniture, library, law books, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7. Benefits. As an independent contractor, Contractor is not entitled to benefits of any kind from City. Contractor has no claim against City for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability insurance or related benefits, unemployment insurance benefits, or any other type of benefit. 8. Contractor’s Other Clients. Nothing in this Agreement prohibits Contractor from providing her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice Contractor agrees that she will not represent a party who is, or who reasonably may be, adverse to the City or one of its employees, or in a matter wherein the City or one of its employees is, or reasonably may be, a party or witness. 9. Taxes. Contractor agrees and acknowledges that City is not responsible for withholding or payment of any social security taxes, unemployment taxes, income taxes, or other withholding on her behalf. Contractor acknowledges and agrees that she is obligated to report to the IRS all compensation she earns under this Agreement and to pay any and all local, state, or federal income tax due and owing on such compensation. On an annual basis, City will provide Contractor a Form 1099 reflecting compensation paid to her during the prior calendar year. 10. Indemnity by Contractor. Contractor agrees to indemnify and hold City harmless from and against any and all claims, actions, damages, liabilities, losses, costs, or expenses (including without limitation, attorneys’ fees, court costs, back taxes, penalties and interest) arising outside of Contractor’s performance of her duties under this Agreement. 11. Insurance. The City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. It is the intent of City that Contractor, in her capacity as Alternate Municipal Court Judge, be covered under the City’s Errors and Omissions policy under the terms of this Agreement and such policy. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 3 12. Termination. Contractor may terminate this Agreement by providing City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and it’s Charter. Any accrued compensation owing to Contractor through the date of termination will be paid to Contractor in full and final satisfaction of this Agreement. 13. Miscellaneous. 13.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 13.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 13.3 This Agreement contains the entire understanding between the parties. 13.4 Contractor may not assign this Agreement. 13.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 13.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Independent Contractor Agreement effective as of the day and year first above written. THE CITY OF COPPELL By ______________________________ Clay Phillips, City Manager CONTRACTOR: ______________________________ Marian Moseley CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 4 Exhibit A SCOPE OF SERVICES FOR PRESIDING MUNICIPAL COURT JUDGE BASIC FUNCTION Responsibilities involve conducting bench and jury trials, accepting pleas, processing appeals, supervising the maintenance of official records of proceedings, and performing the duties of magistrate under State law. Sets judicial policy and judicial procedure. Instructs alternate judges in court policy and procedures for judicial functions. Work is performed with professional independence within the framework of City ordinances and State laws applicable to administration of a court and judicial proceedings. NATURE AND SCOPE Set and review jail, pleading and trial calendars prior to scheduled sessions of the court; presides at court sessions and arraignments as scheduled; accepts pleadings, conducts bench and jury trials as necessary and sentences defendants found guilty; issues court orders and warrants. Conducts hearings and rules on motions, pre-trial hearings and scheduling of cases outside regular sessions of the court; reviews motions for new trials and make rulings thereon; and completes other paperwork to process appeals. Performs legal research as necessary on matters before the court; studies legal periodicals, new law and appellate court decisions to maintain current knowledge of judicial developments. Follows all rules of procedure contained in the ordinances of the City and State law. Sets judicial policy for court staff to administer. Has the power and authority to administer official oaths and affirmations and give certificates thereof, to place persons upon probation, to issue subpoenas, arrest warrants, search warrants, and all other processes known to the law which municipal courts and municipal courts of record are by law authorized to issue in similar cases. Makes appropriate notations on the docket as to the disposition of each case. Reviews and completes daily municipal processes as needed. Reviews probable cause affidavits for felony and misdemeanor arrest warrants. Performs magistrate warnings for juveniles and adults. Attends planning meetings with Court Administrator and Director of Administration and Human Resources as necessary. Facilitates and directs planning meetings with Alternate Judges. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 5 Performs all municipal judge and magistrate duties required by and in accordance with the laws of the state of Texas. Serves at the pleasure of the governing body of the City and may be removed without cause. Must have the ability to establish and maintain effective working relationships with elected officials, City employees, and citizens; analyze evidence and data presented in court, apply existing laws fairly and impartially, and to render prompt and equitable verdicts; deal courteously and tactfully with all persons having contact or business with the court; communicate effectively, both orally and in writing, in a manner that will be understood by all parties concerned; execute duties whenever needed or required; and perform all duties in an efficient, competent and professional manner. ________________________ ______________________________ Date Accepted Signature CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 1 CITY OF COPPELL CONTRACTOR AGREEMENT THIS CONTRACTOR AGREEMENT (the “Agreement”), dated to be effective the ___ day of _______ 2012, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Kim Nesbitt (“Contractor”). Subject to the terms and conditions of this Agreement, City hereby engages Contractor as an independent contractor to serve as its Alternate Municipal Court Judge, and Contractor hereby accepts such engagement. City and Contractor agree as follows: 1. Independent Contractor Relationship. Upon appointment by the City Council, Contractor shall serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. All duties performed by Contractor under this Agreement shall be as an independent contractor. Contractor is not an employee of City for any purpose. 2. Duties. In her role as Alternate Municipal Court Judge, Contractor agrees to perform the duties and responsibilities set out in Exhibit “A,” which is incorporated for all purposes, and in so doing, agrees that she will not be supervised by City and that City is relying on her to: exercise her unique expertise, knowledge and skills; use her independent judgment and discretion; and retain and exercise full control over the details and means by which she carries out her duties. Contractor will perform her duties in a professional, courteous, and timely manner. Contractor will coordinate with the Presiding Municipal Court Judge to establish her work hours, and if she is unable to maintain her established work hours on a particular day, she will notify the Presiding Municipal Judge and the Court Administrator at least five business days in advance, except in cases of illness or emergency, in which case Contractor will provide as much advance notice as possible. In carrying out her duties, Contractor further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Contractor further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as the Alternate Municipal Court Judge, Contractor will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, national origin, disability, age, or any other characteristic protected by law. 3. Term. The term of this Agreement is for two (2) years, unless sooner terminated as provided herein 4. Compensation. City will pay Contractor as follows: A. $115.00 per hour for services rendered, in increments of ¼ hour; B. Up to sixteen (16) hours for attendance at continuing legal education; and CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 2 C. From time to time, Contractor is required to work a “call-out.” This term refers to time spent by Contractor outside her established work hours (including nights, weekends, and holidays) at the request of the City’s Police Department performing prisoner arraignments, providing magistrate’s warnings, and issuing search warrants. Time worked immediately before or after established work hours performing such duties is not considered “call-out.” Contractor will be paid a minimum of one (1) hour per call-out, and thereafter in ¼ hour increments. Upon receipt of Contractor’s monthly invoice, payment will be made in accordance with City’s routine accounts payable procedures. 5. Contractor’s Qualifications. Contractor covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Rules of Judicial Conduct. Contractor also affirms that she has two or more years of experience in the practice of law in the State of Texas. Contractor is responsible for any expenses associated with maintaining her Texas bar license and for any continuing education required to perform her duties hereunder. Contractor represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas rules of evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6. Court Facilities. As required by law and in order to assist the citizenry, City will provide a courtroom, jury room, office, office furniture, library, law books, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7. Benefits. As an independent contractor, Contractor is not entitled to benefits of any kind from City. Contractor has no claim against City for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability insurance or related benefits, unemployment insurance benefits, or any other type of benefit. 8. Contractor’s Other Clients. Nothing in this Agreement prohibits Contractor from providing her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice Contractor agrees that she will not represent a party who is, or who reasonably may be, adverse to the City or one of its employees, or in a matter wherein the City or one of its employees is, or reasonably may be, a party or witness. 9. Taxes. Contractor agrees and acknowledges that City is not responsible for withholding or payment of any social security taxes, unemployment taxes, income taxes, or other withholding on her behalf. Contractor acknowledges and agrees that she is obligated to report to the IRS all compensation she earns under this Agreement and to pay any and all local, state, or federal income tax due and owing on such compensation. On an annual basis, City will provide Contractor a Form 1099 reflecting compensation paid to her during the prior calendar year. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 3 10. Indemnity by Contractor. Contractor agrees to indemnify and hold City harmless from and against any and all claims, actions, damages, liabilities, losses, costs, or expenses (including without limitation, attorneys’ fees, court costs, back taxes, penalties and interest) arising outside of Contractor’s performance of her duties under this Agreement. 11. Insurance. The City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. It is the intent of City that Contractor, in her capacity as Alternate Municipal Court Judge, be covered under the City’s Errors and Omissions policy under the terms of this Agreement and such policy. 12. Termination. Contractor may terminate this Agreement by providing City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and it’s Charter. Any accrued compensation owing to Contractor through the date of termination will be paid to Contractor in full and final satisfaction of this Agreement. 13. Miscellaneous. 13.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 13.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 13.3 This Agreement contains the entire understanding between the parties. 13.4 Contractor may not assign this Agreement. 13.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 13.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Independent Contractor Agreement effective as of the day and year first above written. THE CITY OF COPPELL By ______________________________ Clay Phillips, City Manager CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 4 CONTRACTOR: ______________________________ Kim Nesbitt CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 5 Exhibit A – City of Coppell – Contractor Agreement SCOPE OF SERVICES FOR MUNICIPAL COURT JUDGE (ALTERNATE) BASIC FUNCTION Responsibilities involve conducting bench and jury trials, accepting pleas, processing appeals, supervising the maintenance of official records of proceedings, and performing the duties of magistrate under state law. Work is performed with professional independence within the framework of city ordinances and state laws applicable to administration of a court and judicial proceedings. NATURE AND SCOPE Review jail, pleading and trial calendars prior to scheduled sessions of the court; presides at court sessions and arraignments as scheduled; accepts pleadings, conducts bench and jury trials as necessary and sentences defendants found guilty; issues court orders and warrants. Conducts hearings and rules on motions, pre-trial hearings and scheduling of cases outside regular sessions of the court; reviews motions for new trial filed and make rulings thereon; and complete other paperwork to process appeals. Performs legal research as necessary on matters before the court; studies legal periodicals, new law and appellate court decisions to maintain current knowledge of judicial developments. Follows all rules of procedure contained in the ordinances of the City and state law. Has the power and authority to administer official oaths and affirmations and give certificates thereof, to place persons upon probation, to issue subpoenas, arrest warrants, search warrants, and all other processes known to the law which municipal courts and municipal courts of record are by law authorized to issue in similar cases. Makes appropriate notations on the docket as to the disposition of each case. Reviews and completes daily municipal processes as needed. Reviews probable cause affidavits for felony and misdemeanor arrest warrants. Performs magistrate warnings for juveniles and adults. Attends bimonthly planning meetings with Municipal Judge, Court Administrator and Director of Administration and Human Resources as necessary. Performs all municipal judge and magistrate duties required by and in accordance with the laws of the State of Texas. Serves at the pleasure of the governing body of the City and may be removed without cause. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 6 An alternate judge, while serving, has all the powers and duties of a municipal judge. Receives policy direction from the municipal judge. Must have the ability to establish and maintain effective working relationships with elected officials, city employees, and citizens; analyze evidence and data presented in court, apply existing laws fairly and impartially, and to render prompt and equitable verdicts; deal courteously and tactfully with all persons having contact or business with the court; communicate effectively, both orally and in writing, in a manner that will be understood by all parties concerned; execute duties whenever needed or required; and perform all duties in an efficient, competent and professional manner. ________________________ ______________________________ Date Accepted Signature CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 1 CITY OF COPPELL CONTRACTOR AGREEMENT THIS CONTRACTOR AGREEMENT (the “Agreement”), dated to be effective the ___ day of _______ 2012, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Terry C. Landwehr (“Contractor”). Subject to the terms and conditions of this Agreement, City hereby engages Contractor as an independent contractor to serve as its Alternate Municipal Court Judge, and Contractor hereby accepts such engagement. City and Contractor agree as follows: 1. Independent Contractor Relationship. Upon appointment by the City Council, Contractor shall serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. All duties performed by Contractor under this Agreement shall be as an independent contractor. Contractor is not an employee of City for any purpose. 2. Duties. In her role as Alternate Municipal Court Judge, Contractor agrees to perform the duties and responsibilities set out in Exhibit “A,” which is incorporated for all purposes, and in so doing, agrees that she will not be supervised by City and that City is relying on her to: exercise her unique expertise, knowledge and skills; use her independent judgment and discretion; and retain and exercise full control over the details and means by which she carries out her duties. Contractor will perform her duties in a professional, courteous, and timely manner. Contractor will coordinate with the Presiding Municipal Court Judge to establish her work hours, and if she is unable to maintain her established work hours on a particular day, she will notify the Presiding Municipal Judge and the Court Administrator at least five business days in advance, except in cases of illness or emergency, in which case Contractor will provide as much advance notice as possible. In carrying out her duties, Contractor further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Contractor further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as the Alternate Municipal Court Judge, Contractor will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, national origin, disability, age, or any other characteristic protected by law. 3. Term. The term of this Agreement is for two (2) years, unless sooner terminated as provided herein 4. Compensation. City will pay Contractor as follows: A. $115.00 per hour for services rendered, in increments of ¼ hour; B. Up to sixteen (16) hours for attendance at continuing legal education; and CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 2 C. From time to time, Contractor is required to work a “call-out.” This term refers to time spent by Contractor outside her established work hours (including nights, weekends, and holidays) at the request of the City’s Police Department performing prisoner arraignments, providing magistrate’s warnings, and issuing search warrants. Time worked immediately before or after established work hours performing such duties is not considered “call-out.” Contractor will be paid a minimum of one (1) hour per call-out, and thereafter in ¼ hour increments. Upon receipt of Contractor’s monthly invoice, payment will be made in accordance with City’s routine accounts payable procedures. 5. Contractor’s Qualifications. Contractor covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Rules of Judicial Conduct. Contractor also affirms that she has two or more years of experience in the practice of law in the State of Texas. Contractor is responsible for any expenses associated with maintaining her Texas bar license and for any continuing education required to perform her duties hereunder. Contractor represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas rules of evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6. Court Facilities. As required by law and in order to assist the citizenry, City will provide a courtroom, jury room, office, office furniture, library, law books, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7. Benefits. As an independent contractor, Contractor is not entitled to benefits of any kind from City. Contractor has no claim against City for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability insurance or related benefits, unemployment insurance benefits, or any other type of benefit. 8. Contractor’s Other Clients. Nothing in this Agreement prohibits Contractor from providing her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice Contractor agrees that she will not represent a party who is, or who reasonably may be, adverse to the City or one of its employees, or in a matter wherein the City or one of its employees is, or reasonably may be, a party or witness. 9. Taxes. Contractor agrees and acknowledges that City is not responsible for withholding or payment of any social security taxes, unemployment taxes, income taxes, or other withholding on her behalf. Contractor acknowledges and agrees that she is obligated to report to the IRS all compensation she earns under this Agreement and to pay any and all local, state, or federal income tax due and owing on such compensation. On an annual basis, City will provide Contractor a Form 1099 reflecting compensation paid to her during the prior calendar year. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 3 10. Indemnity by Contractor. Contractor agrees to indemnify and hold City harmless from and against any and all claims, actions, damages, liabilities, losses, costs, or expenses (including without limitation, attorneys’ fees, court costs, back taxes, penalties and interest) arising outside of Contractor’s performance of her duties under this Agreement. 11. Insurance. The City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. It is the intent of City that Contractor, in her capacity as Alternate Municipal Court Judge, be covered under the City’s Errors and Omissions policy under the terms of this Agreement and such policy. 12. Termination. Contractor may terminate this Agreement by providing City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and it’s Charter. Any accrued compensation owing to Contractor through the date of termination will be paid to Contractor in full and final satisfaction of this Agreement. 13. Miscellaneous. 13.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 13.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 13.3 This Agreement contains the entire understanding between the parties. 13.4 Contractor may not assign this Agreement. 13.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 13.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Independent Contractor Agreement effective as of the day and year first above written. THE CITY OF COPPELL By ______________________________ Clay Phillips, City Manager CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 4 CONTRACTOR: ______________________________ Terry C. Landwehr CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 5 Exhibit A – City of Coppell – Contractor Agreement SCOPE OF SERVICES FOR MUNICIPAL COURT JUDGE (ALTERNATE) BASIC FUNCTION Responsibilities involve conducting bench and jury trials, accepting pleas, processing appeals, supervising the maintenance of official records of proceedings, and performing the duties of magistrate under state law. Work is performed with professional independence within the framework of city ordinances and state laws applicable to administration of a court and judicial proceedings. NATURE AND SCOPE Review jail, pleading and trial calendars prior to scheduled sessions of the court; presides at court sessions and arraignments as scheduled; accepts pleadings, conducts bench and jury trials as necessary and sentences defendants found guilty; issues court orders and warrants. Conducts hearings and rules on motions, pre-trial hearings and scheduling of cases outside regular sessions of the court; reviews motions for new trial filed and make rulings thereon; and complete other paperwork to process appeals. Performs legal research as necessary on matters before the court; studies legal periodicals, new law and appellate court decisions to maintain current knowledge of judicial developments. Follows all rules of procedure contained in the ordinances of the City and state law. Has the power and authority to administer official oaths and affirmations and give certificates thereof, to place persons upon probation, to issue subpoenas, arrest warrants, search warrants, and all other processes known to the law which municipal courts and municipal courts of record are by law authorized to issue in similar cases. Makes appropriate notations on the docket as to the disposition of each case. Reviews and completes daily municipal processes as needed. Reviews probable cause affidavits for felony and misdemeanor arrest warrants. Performs magistrate warnings for juveniles and adults. Attends bimonthly planning meetings with Municipal Judge, Court Administrator and Director of Administration and Human Resources as necessary. Performs all municipal judge and magistrate duties required by and in accordance with the laws of the State of Texas. Serves at the pleasure of the governing body of the City and may be removed without cause. CITY OF COPPELL INDEPENDENT CONTRACTOR AGREEMENT PAGE 6 An alternate judge, while serving, has all the powers and duties of a municipal judge. Receives policy direction from the municipal judge. Must have the ability to establish and maintain effective working relationships with elected officials, city employees, and citizens; analyze evidence and data presented in court, apply existing laws fairly and impartially, and to render prompt and equitable verdicts; deal courteously and tactfully with all persons having contact or business with the court; communicate effectively, both orally and in writing, in a manner that will be understood by all parties concerned; execute duties whenever needed or required; and perform all duties in an efficient, competent and professional manner. ________________________ ______________________________ Date Accepted Signature Date: August 28, 2012 From: Mindi Hurley, Economic Development Coordinator RE: Façade Grant – Shannon & Andree Limited Partnership City Council adopted the Old Town Coppell Incentive Policy in 2007. One of the potential incentives available to businesses in Old Town Coppell is the façade grant. The façade grant is designed to aid in the rehabilitation and restoration of the exterior facades of existing property in Old Town Coppell. Approved projects will be awarded an amount equal to 50% of the actual costs to renovate the exterior façade with a maximum reimbursement of $25,000 per structure. Construction plans must be submitted prior to the start of the project along with bids for the improvements. All plans must also be reviewed and approved by the Planning Department to ensure that the improvements meet the standards for construction stated within the Historic District of the Zoning Ordinance, the Old Coppell Design Guidelines and all other applicable codes. The Edinburgh Group purchased the two buildings located at 616 S. Coppell Road in May. These buildings will house the corporate headquarters for Amcat USA. City Council and the Planning Department reviewed and approved the exterior renovations to both buildings prior to the purchase of the buildings. Shannon & Andree Limited Partnership will be constructing the façade improvements, and they have submitted an application for a façade grant. The façade improvements will include a complete overhaul of the front façade, new doors and windows, a new canopy and a new roof line. Each building can receive up to a $25,000 grant. Shannon & Andree Limited Partnership will be reimbursed for 50% of actual costs once the work is completed and invoices are submitted to the City, but the combined total of the façade grant for the two buildings will not exceed $50,000. Page 1 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) STATE OF TEXAS § § ECONOMIC DEVELOPMENT AGREEMENT COUNTY OF DALLAS § This Economic Development Agreement (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and Shannon & Andree Limited Partnership (“Company”), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, Company is the owner of the retail space located at 616 S. Coppell Road, Coppell, Texas (the “Improvements”); and currently leases the Improvements for retail businesses; and WHEREAS, Company has advised the City that a contributing factor that would induce Company to make certain improvements to the exterior facade of the Improvements would be an agreement by the City to provide an economic development grant to Company to defray a portion of the costs to design and construct the Facade Improvements (hereinafter defined); and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the City desires to encourage business expansions within the City that wi ll add property tax base and generate additional sales tax and other revenue for the City; and WHEREAS, promoting the expansion of existing businesses within the City will promote economic development, stimulate commercial activity, generate additional sales tax and will enhance the property tax base and economic vitality of the City; and WHEREAS, the City has adopted programs for promoting economic development, and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Article III, Section 52-a of the Texas Constitution and Texas Local Government Code Chapter 380 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to Company in accordance with this Agreement will further the objectives of the City, will benefit the City and the City’s inhabitants and will promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and other consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Page 2 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of Company’s existence, insolvency, employment of receiver for any part of Company’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or insolvency laws by or against Company and such proceedings are not dismissed within ninety (90) days after the filing thereof. “City” shall mean the City of Coppell, Dallas County, Texas. “Commencement of Construction shall mean that: (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the Facade Improvements; (ii) all necessary permits for the construction of the Facade Improvements pursuant to the respective plans therefore have been issued by all the applicable governmental authorities; and (iii) construction of the Facade Improvements has commenced. “Company” shall mean Shannon & Andree Limited Partnership. “Completion of Construction” shall mean that: (i) substantial completion of the Facade Improvements has occurred; and (ii) the City has conducted a final inspection of the Facade Improvements. “Effective Date” shall mean the last date of execution hereof. “Expiration Date” shall mean the second (2nd) anniversary date of the Effective Date. “Facade Grant” shall mean an economic development grant in an amount equal to fifty percent (50%) of the actual costs incurred and paid b y the Company for the Facade Improvements in accordance with plans approved by the City, not to exceed $50,000. “Facade Improvements” shall mean the renovation of the exterior facade of the Improvements in accordance with plans approved by the City, including adding a new roof line, new front facade, new canopies, new doors and new windows on both buildings comprising the Improvements. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless Page 3 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) caused by acts of omissions of the party), fires, explosions or floods, strikes, slowdowns or work stoppages, but may not impact any payments to be made hereunder. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on Company with respect to the Improvements or any property or any business owned by Company within the City. “Improvements” shall mean the retail space in the two buildings located at 616 S. Coppell Road, Coppell, Texas. “Payment Request” shall mean a written request from Company to City for payment of the Facade Grant accompanied by the accompanied by invoices, receipts and other evidence of the costs incurred and paid by the Company for the Facade Improvements and such other information, as may be reasonably be requested by the City. “Related Agreement” shall mean any agreement (other than this Agreement) by and between the City and the Company, or any of its affiliated or related entities. “Required Use” shall mean the continuous occupancy and use of the Improvements for a retail business open to the public and serving the citizens of the City. Article II Term The term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Article III Facade Improvements 3.1 Facade Improvements. The Company shall, subject to events of Force Majeure, cause Commencement of Construction of the Facade Improvements to occur within ninety (90) days after the City approval of the plans for the Facade Improvements, and subject to events of Force Majeure to cause Completion of Construction to occur within 12 months thereafter. 3.2 Design and Construction Standards. The Company shall design and construct the Facade Improvements in accordance with plans approved by the City and in accordance with the Historic District of the Comprehensive Zoning Ordinance of the City, Old Coppell Design Guidelines and other applicable local codes. Page 4 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) Article IV Economic Development Grant 4.1 Subject to the obligation of the Company to repay the Grant pursuant to Section 5.2 hereof and the continued satisfaction of all the terms and conditions of this Agreement by the Company, the City agrees to provide the Company with the Facade Grant to be paid within thirty (30) days after City receipt of the Payment Request following Completion of Construction of th e Facade Improvements. 4.2 The Facade Grant made hereunder shall be provided solely from lawful available funds. The City shall have no obligation or liability to pay any portion of the Facade Grant unless City appropriates funds to make such payment during the budget year in which the payment of the Facade Grant is due. The City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by Company. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution without the prior written consent of the City. Article V Conditions to Economic Development Grant The obligation of the City to pay the Grant shall be conditioned upon the compliance and satisfaction by Company of the terms and conditions of this Agreement and each of the following conditions. 5.1 Payment Request. Company shall, as a condition precedent to the payment of the Facade Grant, provide the City with the applicable Payment Request. 5.2 Good Standing. Company shall not have an uncured breach or default of this Agreement, or a Related Agreement. 5.3 Required Use. During the term of this Agreement following the Effective Date and continuing thereafter until the Expiration Date, the Improvements shall not be used for any purpose other than the Required Use and the operation and occupancy of the Improvements in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. Article VI Termination; Repayment 6.1 Termination. This Agreement shall terminate upon any one of the following: (a) by mutual written agreement of the parties; (b) on the Expiration Date; Page 5 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) (c) by either party, if the other party defaults or breaches any of the terms or conditions of this Agreement, or a Related Agreement, and such default or breach is not cured within thirty (30) days after written notice thereof; (d) by City, if Company suffers an event of Bankruptcy or Insolvency; (e) by City, if any Impositions owed to the City or the State of Texas by Company shall have become delinquent (provided, however Company retains the right to timely and properly protest and contest any such Impositions); or (f) by either party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 6.2. Repayment. In the event the Agreement is terminated by the City pursuant to Section 5.1(c), (d), (e), or (f), the Company shall immediately repay to the City an amount equal to the Grant previously paid by the City to Company immediately preceding the date of such termination, plus interest at the rate of interest periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of i nterest from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by the City) as its prime or base commercial lending rate, from the date on which the Grant is paid by the City until such Grant is refunded by the Company. The repayment obligation of Company set forth in this section 5.2 hereof shall survive termination. 6.3 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise, and regardless of whether or not the debt due the City has been reduced to judgment by a court. Article VII Miscellaneous 7.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the parties hereto. 7.2 Limitation on Liability. It is understood and agreed between the parties that the Company and City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever by a third party arising out of the Company’s performance of the conditions under this Agreement. Page 6 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) 7.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the parties. 7.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Company, to: Attn: Emmett E. Kennedy Shannon & Andree Limited Partnership P.O. Box 1068 196 Southwestern Blvd. Coppell, Texas 75019 7.5 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 7.6 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 7.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 7.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 7.9 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, 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 Agreement. Page 7 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) 7.10 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 7.11 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 7.12 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 7.13 Legal Construction. In the event any one 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 affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 7.14 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Company without the prior written consent of the City Manager, which consent shall not be unreasonably withheld, conditioned or delayed. 7.15 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 7.16 Employment of Undocumented Workers. During the term of this Agreement, the Company agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Company shall repay the taxes abated herein, and any other funds received by the Company from the City as of the date of such violation within 120 days after the date the Company is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. (Signature page to follow) Page 8 Economic Development Grant (Façade Grant) City of Coppell and Shannon & Andree Limited Partnership (#56419) EXECUTED on this ______ day of ___________________, 2012. CITY OF COPPELL By: Karen Hunt, Mayor EXECUTED on this _____ day of ____________________, 2012. Shannon & Andree Limited Partnership By: Emmett E. Kennedy Title: MEMORANDUM TO: Mayor and City Council FROM: Vivyon V. Bowman, Director of Administration/Human Resources DATE: August 17, 2012 SUBJECT: Approval of Consulting Services Contract for Brinson Benefits, Inc. Please find the attached contract for consulting services and other related benefit/wellness programs with Brinson Benefits, Inc. as reviewed and recommended by the Management Insurance Committee. As some you might be aware, Brinson Benefits has been the City’s benefits consultant for the past ten years. The total contract for consulting services and related benefit programs is $80,514.00. The following is an outline of services to be provided by Brinson: Annual Consulting Fees - $53,447.00 Includes management and oversight of medical, dental, stop loss reinsurance, transplant insurance, dental, basic life/ad&d, voluntary life, long term disability, employee assistance program, voluntary vision and supplemental programs. Additional services include open enrollment management, education, communication, monthly strategy meetings and any additional support throughout the year. Annual Purple Card Advocate Program - $4,927.00 Purple Card is an advocate program for employees that need assistance with any and all questions regarding their benefit offerings. This program is an extension of our existing staff member who also assists employees with their benefit related issues. Employee Benefit Statements - $5,760.00 Employee Benefits Statements are confidential individualized statements of an employee’s benefits provided by the City. The average employee has no idea how much their benefits cost, let alone how much their benefits are actually worth. Brinson works with the H.R. staff to produce personalized employee benefit statement that helps the City improve employee awareness of employer paid benefits. Most of the cost involved is the actual printing of the color brochure. Benefits Connect online enrollment - $16,380.00 This is the fifth year for the City to use Benefits Connect. Benefits Connect is a subscription online enrollment, management system designed to streamline enrollment processes, enhance benefits management, and improve information sharing among employees, employers, and insurance providers. The system enables efficient data sharing and transferring of benefits information to any third party who can accept electronic files and produces enrollment forms populated with information entered online by the employees for vendors who require forms and includes a modeling component to calculate benefit costs during the enrollment process. The system also integrates benefit election data with existing internal systems, such as payroll and other city accounting and management systems. The City utilizes Brinson Benefits’ affiliation with United Benefit Advisors (UBA) to gain the discounted subscription fee to Benefits Connect. The city staff recommends the Mayor and City Council approval of the Brinson Benefits’ consulting contract and related benefit/wellness programs as outlined above. 1 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. 2 3. PERFORMANCE OF SERVICES CONTRACTOR and its employees or associates shall perform all the services under the Contract. CONTRACTOR agrees to assign B. L. (Skip) Roark as their primary representative for providing services as set out in this contract and represent that all its other 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, 2012 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 per iod 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 Staff's 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, his designee and/or City Council (if applicable). 3 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 compet ency 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 emplo yee 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. 4 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 requ est, 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@coppelltx.gov) Director of Administration/Human Resources City of Coppell 255 Parkway Blvd. Coppell, TX 75019 5 If intended for CONTRACTOR, to: Brinson Benefits, Inc. 12720 Hillcrest Road, Suite 810-b Dallas, TX 75230 ATTN: Dawn Brinson 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 obligations 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 any one 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. 6 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 ___________day of _________________________________, 2012, by the CITY, signing by its City and by CONTRACTOR. BY ________________________________ City of Coppell CONTRACTOR: Brinson Benefits, Inc. BY _________________________________ S. Dawn Brinson President 7 PROFESSIONAL SERVICES AGREEMENT EXHIBIT A City of Coppell Total Fee 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 Consulting Fee 345 Employees $53,447/Annual Includes Medical, EAP, Specific and Aggregate Stop Loss, Transplant, Dental, Vision, Basic Life & AD&D, Voluntary Products and Disability Subsequent Renewal Annual 3% Cost of Living Adjustment Brinson Benefits Purple Card Employee Benefit Statements $4,968/Annual See EXHIBIT B Benefits Connect (additional fees will apply if changes are made to the system throughout the year) Contract through Brinson: $16,380 The following are not included in the compensation: 5500 preparation, printing, graphic design work, custom programming, contracted third-party services &/or products (COBRA/HIPAA, technology, legal/accounting, 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 agreed upon in advance and in writing. To be determined at time of request agreed upon by the City. 8 EXHIBIT B EMPLOYEE BENEFIT STATEMENTS Our Brinson Benefits Team can produce personalized employee benefit statements that can help the City of Coppell improve employee awareness of employer paid benefits. The average employee is usually not aware that company sponsored comprehensive benefit packages often account for a third or more of employer’s total employee related costs. Standard Cost $15 per Employee Benefit Statement if all required data is delivered by the City in the excel format and worksheet standard as provided by the Brinson Benefits employee benefit statement consulting team. Estimated Cost: $5,760.00 for 384 City Employees Any deviation from the Brinson Benefits standard format or additional data manipulation on the part of the Brinson Benefits consulting team will result in the application of the additional associated non-standard cost as referenced below: Non-Standard Costs Data Creation – If data must be obtained and/or input from other sources, or data must be calculated by formula, the costs will be an additional $15.00 per Employee Benefit Statement (Total of $30 per Employee Benefit Statement.) Revisions – Up to 2 revisions of data or format on the standard layout will be permitted without additional costs following submission of the initial review file. Additional Revisions – A $100 fee for EACH additional revision or manipulation required of the original data will be added to the total cost. Custom Layout or Format – An additional cost of $500 will be added to the total for a Custom Format. A choice of 4-5 Standard formats will be offered at no additional charge. Non-Standard Categories – An additional charge of $1.00 per category per Employee Benefit Statement will be charged. Postage – If Employee Benefit Statements are to be mailed to the Employee’s home, the postage costs will be at the Client’s expense. The Brinson Benefits team will initiate an initial conferen ce call with the appropriate parties at the City of Coppell in order to establish a time line expectation for the project along with assuring that all parties involved are informed of the parameters of the project. Timeline target dates will change depending on client’s response time to each Timeline element. MEMORANDUM TO: Mayor and City Council FROM: Vivyon V. Bowman, Director of Administration/Human Resources DATE: August 17, 2012 SUBJECT: Approval of Organ Transplant Coverage Please find the attached the renewal proposal for Organ transplant coverage from National Fire Insurance in the amount of $53,477.00. This proposal is for a fully insured policy to cover claims for organ transplants. With few exceptions, most organ transplantation procedures are expensive and because of their high cost, the City of Coppell decided several years ago to carve out the transplant procedure from its self- insurance plan and purchase a fully insured plan as a separate policy. This decision helps protect the City’s health plan from a catastrophic transplant claim while insuring the affected employee gets the treatment needed from a designated center of excellence for a set annual fee. The city staff recommends the Mayor and City Council approval of the transplant renewal proposal as outlined above. 1 Christel Pettinos To:Jen Ferguson Subject:RE: resignation Council, My professional commitments have increased, I can no longer spare the time required to be a productive member of Keep Coppell Beautiful. It has been an absolute pleasure to serve Coppell, but I must resign my position from the Keep Coppell Beautiful Board. Eric Dillie Sent from my HTC on the Now Network from Sprint! _ _ __________ __________ DEPA The Depa Prog pers Disp The C public Police 1. T I s c p t J E y r p c 2. W P a o P b c e " t 3. S C a s 4. T l b ________ _________ ARTMENT: mission of artment, is t grams and t onnel, equip patch Center Coppell Police service thro Department The Depart Independent seeking ways continue our people throu the School R Junior Police Explorer pro young adults respected fo program an community. We will prov Police Acade annual self-d our partners Program. Ov been given tw category for education m "Coppell Blu to bring our m School Resou CISD campu and staff of t safety and sec The Departm lines, and dis be generated _ Crime Prev the Crime to enhance o the Police P ment and se that provide G e Departmen ough the Crim seeks to atta tment will School Dist s to be proact r efforts for gh our work Resource Offi e Academy p ogram. This s to the profe rmat. Seve nd help to p ide education emy and the defense class ship with th ver the past wenty awards NNO. Anot may be foun ue", which co message to th urce Officers uses as well a the campus. curity on CIS ment will gen spatched calls by the teleph ANNUA City vention Distri MISS Prevention our School R Patrol Preve ervice. The s superior se GOALS AND nt seeks to en me Preventio in the followi continue ou trict and wo tive through positive inte with the serv ficers Brochu rogram. We s program g ssion of Law eral officers promote the nal programs e Self-Defens for high scho he communi twenty years s including tw ther example d in the co overs a variet he households will be proa as provide an The SROs w SD campuses nerate an an s for Police, F hone system a AL BUDG of Coppe ict D SION District, as Resource Offi ention Progr District is al rvice to the c OBJECTIVE nhance a saf on District. I ing objectives ur partners ork to impro education an eraction with vices provide ure, bicycle s e will continu gives us the o w Enforcemen have volun eir professio s to the comm se for Wom ool senior gir ity through s the departm wo first place e of the Dep ommunity ac ty of issues a s and citizens active in our n additional r will address s. nnual report Fire and EM and will serve GET ell DIVISION: S directed th ficer Program ram through lso responsib citizens of Co ES fe communit In furtheran s for fiscal ye ship with t ove that rel nd enforcem h the commu ed by SROs a safety progra ue a very succ opportunity nt in a long st nteered to w n to the yo munity such a men classes, i rls. We will the Nationa ment and com e awards in o partment's co ccess televisi and topics tha s of Coppell. enforcement resource to a current tren to include a S service. Th e for future c __ ___ Special Reve hrough the C m, our Comm h education, ble for an En oppell. ty environme nce of this go ear 2012-13. the Coppell ationship by ent. We will unity's young as outlined in ams and our cessful Police to introduce tanding, well work in this outh of our as the Citizen including ou also continu al Night Ou mmunity hav our populatio ommitment t ion program at will help u t efforts on a aid the facult nds that effec administrativ his report wi comparisons. __________ __________ nue Coppell Poli munity Servi , partnership nhanced Rad ent and qual oal, the Copp l y l g n r e e l s r ns ur ue ut ve on to m, us all ty ct ve ill _______ _______ ice ice ps, dio lity pell _________________ANNUAL BUDGET _________________ Actual Adopted FY 12 Budget FY 13 Budget Description 2010-11 2011-12 Amended Proposed Sales Tax $ 2,852,470 $ 2,745,435 $ 2,745,435 $ 3,250,000 Interest Income 3,680 5,000 5,000 3,000 Miscellaneous Income 226000 Total Revenue $ 2,856,376 $ 2,750,435 $ 2,750,435 $ 3,253,000 Salary & Benefits $ 1,800,541 $ 1,835,402 $ 1,835,402 $ 1,892,166 Supplies 0 0 0 80,000 Services 1,278000 Capital 0 0 0 810,673 Total Expenditure $ 1,801,819 $ 1,835,402 $ 1,835,402 $ 2,782,839 Net 1,054,557 915,033 915,033 470,161 Fund Balance Beginning Balance $ 2,573,808 $ 3,628,365 $ 3,628,365 $ 4,543,398 Ending Balance $ 3,628,365 $ 4,543,398 $ 4,543,398 $ 5,013,559 City of Coppell Crime Prevention District Special Revenue Summary Sales Tax 99.9% Interest Income 0.1% 2012-13 Revenues Salary & Benefits 67.99% Supplies 2.88%Capital 29.13% 2012-13 Expenditures _________________ City of Coppell _________________ __________________________ANNUAL BUDGET __________________________ Salary and Benefits 1,800,541 1,835,402 1,835,402 1,892,166 Supplies 0 0 0 80,000 Maintenance 0000 Services 1,278000 Capital Outlay 0 0 0 810,673 Total $1,801,819 $1,835,402 $1,835,402 $2,782,839 Position/Title Pay Grade 10-11 11-12 12-13 Police Captain PD 19 1 1 1 Communication Manager 28 1 1 1 Police Sergeant PD 14 1 1 1 Police Corporal PD 9 1 0 0 Police Officer - SRO PD 7 5 5 5 Police Officer - CS PD 7 2 2 2 PS Dispatch Supervisor 22 4 4 4 Police Dispatcher 19 9 9 9 Total 24 23 23 Measures 10-11 11-12 12-13 Calls for Service 16,667 16,667 16,667 911 Calls Received 13,523 13,523 13,523 Traffic Contacts 15,525 15,525 15,525 Cases Received 2,056 2,056 2,056 Cases Assigned 1,283 1,283 1,283 Alarm Calls 3,376 3,376 3,376 Average Daily Calls for Service 45.78 45.78 45.78 % of Cases Cleared 40% 50% 50% Citations Issued 9,924 9,924 9,924 Adult Arrests 911 911 911 Juvenile Arrests 46 46 46 Accidents 223 223 223 Cases Cleared 512 550 550 Division: Special RevenueDepartment: Crime Prevention District Efficiency Measures Performance Measures Workload Measures Actual 10-11 Outcome Measures Expenditures Authorized Personnel Adopted 11-12 Amended 11-12 Proposed 12-13 __________________________ City of Coppell __________________________ NOTICE OF PUBLIC HEARING PROPOSED 2012-2013 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2012-2013 Budget for the Coppell Crime Control and Prevention District. The Public Hearing will be held on August 28, 2012 at 7:30 p.m. in the Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file for public view in the office of the Director of Finance at City Hall. PUBLIC NOTICE 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. NOTICE OF PUBLIC HEARING PROPOSED 2012-2013 MUNICIPAL BUDGET A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2012-2013 Municipal Budget. The Public Hearing will be held on August 28, 2012 at 7:30 p.m. in the Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file for public view in the office of the City Secretary at City Hall, at the William T. Cozby Public Library, 177 N. Heartz Road, Coppell, Texas 75019 and on the City’s website. PUBLIC NOTICE 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. MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Sheri Moino, Facilities Manager DATE: August 28, 2012 RE: Consider approval of TCPN Contract #R5101 with Weatherproofing Technologies, Inc. in the amount of $593,526.90 for the removal, rehabilitation, and installation of all necessary construction components to Facilities Rooftop Infrastructure as a result of the hail damage; and authorizing the City Manager to sign and execute any necessary documents. As a result of the April 4, 2012 hail storm, the Facilities and Purchasing Divisions have worked with our Roof Asset Management Contractor (TREMCO/Weatherproofing Technologies, Inc.) and Littleton Claims Service (TML’s local claim representative) to review damages to City facilities and provide an estimate for replacement/repairs through a The Cooperative Purchasing Network (TCPN) Contract. Site visits were conducted by both parties and meetings were conducted to review damages versus insurance reimbursable costs. The following locations have been identified as requiring improvements: Town Center, Library, Service Center, Animal Shelter, Tennis Center, Fire Administration, Fire Station 1, Fire Station 2, and Fire Station 3. The Old Senior Center cost is also referenced in the reports, but all work associated with the repair was resolved prior to the sale of the facility. Weatherproofing Technologies, Inc. has provided their TCPN Contract #R5101 for the necessary improvements in the total amount of $593,526.90. Littleton Claims Service has provided their Reimbursable Estimate for a total of $433,929.72 (see page 10 of their estimate for breakdown), leaving a difference of $159,597.18. The Cost Summary Difference document reflects the additional expenses required that were not covered by TML as reimbursable expenses. They include Town Center built up roof system upgrade to Energy Star Compliance; Project Management and Oversight of the re-roofs and improvements; Payment & Performance Bond; and additional equipment costs, manpower and fall protection needed at the Town Center location due to the complexity of this rooftop system and the challenges of keeping this facility safely accessible to the public during these improvements. Staff recommends approval in the amount of $593,526.90. Representatives from TREMCO/Weatherproofing Technologies, Inc. will be available to answer any questions. 1 INCH = FT.0300030001500City Facility RoofRepair Locations,City of Coppell, TexasCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg\ROOF REPAIRCreated on: 22 August 2012 by Scott Latta1/1 1 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) Insured:City of Coppell Property:255 Parkway Blvd. Coppell, TX 75019 Claim Rep.:Lori Kutz-Rinehart, G.A.Business:(972) 630-4606 E-mail:lrinehart@littleton-group.comBusiness:2625 North Josey Lane Carrollton, TX 75007 Estimator:Lori Kutz-Rinehart, G.A.Business:(972) 630-4606 E-mail:lrinehart@littleton-group. com Business:2625 North Josey Lane Carrollton, TX 75007 Reference: Company:TML INTERGOVERNMENTAL RISK POOL Business:P.O, BOX 149194 AUSTIN, TX 78714-9194 Claim Number:1200188252 Policy Number:Type of Loss:Hail Date Contacted:4/4/2012 Date of Loss:4/3/2012 Date Received:4/4/2012 Date Inspected:4/19/2012 Date Entered:7/4/2012 4:46 PM Price List:TXDF7X_AUG12 Restoration/Service/Remodel Estimate:LG039790LR This is a repair estimate only. The insurance policy may contain provisions that will reduce any payment that might be made. This is not an authorization to repair. Authorization to repair or guaranteed payment must be obtained by the owner of the property. No adjuster or appraiser has the authority to authorize or guarantee payment. The insurer assumes no responsibility for the quality of the work repairs that might be completed. 2 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 2 LG039790LR Building1 - Town Center Building1 - Town Center DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Temporary roof repairs 1.00 EA 5,500.00 5,500.00 (0.00)5,500.00 Remove Built-up 4 ply roofing - in 80.00 SQ 49.99 3,999.20 (0.00)3,999.20 place Remove Insulation - ISO board, 3"80.00 SQ 26.54 2,123.20 (0.00)2,123.20 Replace Insulation - ISO board, 3"80.00 SQ 180.00 14,400.00 (3,600.00)10,800.00 Remove Rubber roofing -80.00 SQ 49.57 3,965.60 (0.00)3,965.60 Mechanically attached - 90 mil Replace Rubber roofing -80.00 SQ 475.02 38,001.60 (9,500.40)28,501.20 Mechanically attached - 90 mil Remove Flash parapet wall only -3,840.00 LF 0.71 2,726.40 (0.00)2,726.40 remove panels and cut for proper flashing* Replace Flash parapet wall only -3,840.00 LF 4.20 16,128.00 (0.00)16,128.00 remove panels and cut for proper flashing* Remove Laminated - High grade -124.80 SQ 38.39 4,791.07 (0.00)4,791.07 comp. shingle rfg. - w/ felt Replace Laminated - High grade -156.00 SQ 229.05 35,731.80 (8,932.95)26,798.85 comp. shingle rfg. - w/ felt Remove Exhaust cap - through roof*43.00 EA 5.89 253.27 (0.00)253.27 Replace Exhaust cap - through roof*43.00 EA 59.76 2,569.68 (642.42)1,927.26 Remove Flashing - pipe jack 52.00 EA 4.61 239.72 (0.00)239.72 Replace Flashing - pipe jack 52.00 EA 24.08 1,252.16 (313.04)939.12 Remove Curb flashing - PVC/TPO 448.00 LF 1.24 555.52 (0.00)555.52 Replace Curb flashing - PVC/TPO 448.00 LF 11.66 5,223.68 (1,305.92)3,917.76 Remove Flashing - L flashing -346.00 LF 0.39 134.94 (0.00)134.94 galvanized Replace Flashing - L flashing -346.00 LF 2.98 1,031.08 (257.77)773.31 galvanized Replace Step flashing 400.00 LF 6.03 2,412.00 (603.00)1,809.00 Remove Drip edge 644.00 LF 0.22 141.68 (0.00)141.68 Replace Drip edge 644.00 LF 1.43 920.92 (230.23)690.69 Replace Disconnect andReconnect 1.00 EA 4,500.00 4,500.00 (0.00)4,500.00 HVAC units for flashing, etc.* Possible supplement on decking if needed. Dumpster load - Approx. 40 yards, 7-8 12.00 EA 498.00 5,976.00 (0.00)5,976.00 tons of debris Replace Crane and operator - 115 ton 40.00 HR 324.01 12,960.40 (0.00)12,960.40 capacity Replace Telehandler/forklift and 160.00 HR 73.64 11,782.40 (0.00)11,782.40 operator 3 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 3 CONTINUED - Building1 - Town Center DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Landscaping allowance for 1.00 EA 2,000.00 2,000.00 (0.00)2,000.00 destruction* Total: Building1 - Town Center 179,320.32 25,385.73 153,934.59 Interior DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Suspended ceiling tile - High 240.00 SF 0.14 33.60 (0.00)33.60 grade - 2' x 4' Replace Suspended ceiling tile - High 240.00 SF 1.54 369.60 (36.96)332.64 grade - 2' x 4' Totals: Interior 403.20 36.96 366.24 Total: Building1 - Town Center 179,723.52 25,422.69 154,300.83 Building8 - Fire Admin DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Laminated - comp. shingle rfg.82.40 SQ 38.39 3,163.34 (0.00)3,163.34 - w/ felt Replace Laminated - comp. shingle rfg.103.00 SQ 185.91 19,148.73 (4,787.18)14,361.55 - w/ felt Remove Exhaust cap - through roof*12.00 EA 5.89 70.68 (0.00)70.68 Replace Exhaust cap - through roof*12.00 EA 59.76 717.12 (179.28)537.84 Remove Flashing - pipe jack 8.00 EA 4.61 36.88 (0.00)36.88 Replace Flashing - pipe jack 8.00 EA 24.08 192.64 (48.16)144.48 Remove Roof vent - turbine type 3.00 EA 5.89 17.67 (0.00)17.67 Replace Roof vent - turbine type 3.00 EA 98.87 296.61 (74.15)222.46 Remove Drip edge 363.00 LF 0.22 79.86 (0.00)79.86 Replace Drip edge 363.00 LF 1.43 519.09 (129.77)389.32 Possible supplement on decking if needed. Dumpster load - Approx. 20 yards, 4 5.00 EA 379.91 1,899.55 (0.00)1,899.55 tons of debris 4 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 4 CONTINUED - Building8 - Fire Admin DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Boom lift - 30'-45' reach 4.00 DA 425.00 1,700.00 (0.00)1,700.00 Totals: Building8 - Fire Admin 27,842.17 5,218.54 22,623.63 Building9 - Fire 1 DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Laminated - comp. shingle rfg.141.60 SQ 38.39 5,436.02 (0.00)5,436.02 - w/ felt Replace Laminated - comp. shingle rfg.177.00 SQ 185.91 32,906.07 (8,226.52)24,679.55 - w/ felt Remove Exhaust cap - through roof*14.00 EA 5.89 82.46 (0.00)82.46 Replace Exhaust cap - through roof*14.00 EA 59.76 836.64 (209.16)627.48 Remove Flashing - pipe jack 10.00 EA 4.61 46.10 (0.00)46.10 Replace Flashing - pipe jack 10.00 EA 24.08 240.80 (60.20)180.60 Remove Roof vent - turbine type 3.00 EA 5.89 17.67 (0.00)17.67 Replace Roof vent - turbine type 3.00 EA 98.87 296.61 (74.15)222.46 Remove Drip edge 908.00 LF 0.22 199.76 (0.00)199.76 Replace Drip edge 908.00 LF 1.43 1,298.44 (324.61)973.83 Possible supplement on decking if needed. Dumpster load - Approx. 20 yards, 4 8.00 EA 379.91 3,039.28 (0.00)3,039.28 tons of debris Replace Boom lift - 30'-45' reach 8.00 DA 425.00 3,400.00 (0.00)3,400.00 Totals: Building9 - Fire 1 47,799.85 8,894.64 38,905.21 Building12 - Library Building12 - Library DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Windows - Skylights (Bid 3.00 EA 1,503.00 4,509.00 (1,127.25)3,381.75 Item) Custom made barrell skylights Haul debris - per pickup truck load -1.00 EA 101.32 101.32 (0.00)101.32 including dump fees 5 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 5 CONTINUED - Building12 - Library DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Total: Building12 - Library 4,610.32 1,127.25 3,483.07 Interior DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Carpet cleaning - Minimum charge 1.00 EA 120.00 120.00 (0.00)120.00 Totals: Interior 120.00 0.00 120.00 Total: Building12 - Library 4,730.32 1,127.25 3,603.07 Building32 - Senior Center DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Roofing repair - Minimum 1.00 EA 385.00 385.00 (0.00)385.00 charge Repair to A/C curb roofing only. Remove Corrugated fiberglass roofing -300.00 SF 0.27 81.00 (0.00)81.00 heavy* Replace Corrugated fiberglass roofing -300.00 SF 5.47 1,641.00 (492.30)1,148.70 heavy* Replace Caulking - latex fire sealant 40.00 LF 2.66 106.40 (31.92)74.48 Replace Awnings -Allowance*1.00 EA 450.00 450.00 (0.00)450.00 agreed appearance allowance on canvas awnings. Haul debris - per pickup truck load -1.00 EA 101.32 101.32 (0.00)101.32 including dump fees Replace Comb and straighten a/c 4.00 EA 150.13 600.52 (0.00)600.52 condenser fins - with trip charge Totals: Building32 - Senior Center 3,365.24 524.22 2,841.02 Building34 - Police DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV 6 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 6 CONTINUED - Building34 - Police DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Emergency repairs to radio 1.00 EA 629.00 629.00 (0.00)629.00 Due to wind blown cover off of unit. Totals: Building34 - Police 629.00 0.00 629.00 Building35 - Fire 2 DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Laminated - comp. shingle rfg.82.00 SQ 38.39 3,147.98 (0.00)3,147.98 - w/ felt Replace Laminated - comp. shingle rfg.102.00 SQ 185.91 18,962.82 (4,740.71)14,222.11 - w/ felt Remove Exhaust cap - through roof*13.00 EA 5.89 76.57 (0.00)76.57 Replace Exhaust cap - through roof*13.00 EA 59.76 776.88 (194.22)582.66 Remove Flashing - pipe jack 9.00 EA 4.61 41.49 (0.00)41.49 Replace Flashing - pipe jack 9.00 EA 24.08 216.72 (54.18)162.54 Remove Roof vent - turbine type 3.00 EA 5.89 17.67 (0.00)17.67 Replace Roof vent - turbine type 3.00 EA 98.87 296.61 (74.15)222.46 Remove Ridge cap - venting ridge cap 242.00 LF 0.82 198.44 (0.00)198.44 shingles Replace Ridge cap - venting ridge cap 242.00 LF 7.41 1,793.22 (448.31)1,344.91 shingles Remove Drip edge 464.00 LF 0.22 102.08 (0.00)102.08 Replace Drip edge 464.00 LF 1.43 663.52 (165.88)497.64 Possible supplement on decking if needed. Dumpster load - Approx. 20 yards, 4 10.00 EA 379.91 3,799.10 (0.00)3,799.10 tons of debris Replace Boom lift - 30'-45' reach 8.00 DA 425.00 3,400.00 (0.00)3,400.00 Totals: Building35 - Fire 2 33,493.10 5,677.45 27,815.65 Building36 - Fire 3 DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV 7 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 7 CONTINUED - Building36 - Fire 3 DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Laminated - comp. shingle rfg.143.40 SQ 38.39 5,505.13 (0.00)5,505.13 - w/ felt Replace Laminated - comp. shingle rfg.163.00 SQ 185.91 30,303.33 (7,575.83)22,727.50 - w/ felt Remove Exhaust cap - through roof*16.00 EA 5.89 94.24 (0.00)94.24 Replace Exhaust cap - through roof*16.00 EA 59.76 956.16 (239.04)717.12 Remove Flashing - pipe jack 13.00 EA 4.61 59.93 (0.00)59.93 Replace Flashing - pipe jack 13.00 EA 24.08 313.04 (78.26)234.78 Remove Roof vent - turbine type 4.00 EA 5.89 23.56 (0.00)23.56 Replace Roof vent - turbine type 4.00 EA 98.87 395.48 (98.87)296.61 Replace Temporary roof repairs 1.00 EA 1,080.00 1,080.00 (0.00)1,080.00 Remove Drip edge 464.00 LF 0.22 102.08 (0.00)102.08 Replace Drip edge 464.00 LF 1.43 663.52 (165.88)497.64 Possible supplement on decking if needed. Remove Ridge cap - venting ridge cap 303.00 LF 0.82 248.46 (0.00)248.46 shingles Replace Ridge cap - venting ridge cap 303.00 LF 7.41 2,245.23 (561.31)1,683.92 shingles Dumpster load - Approx. 30 yards, 5-7 4.00 EA 424.45 1,697.80 (0.00)1,697.80 tons of debris Replace Boom lift - 30'-45' reach 6.00 DA 425.00 2,550.00 (0.00)2,550.00 Totals: Building36 - Fire 3 46,237.96 8,719.19 37,518.77 Building90 - Animal Shelter DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Laminated - High grade -5.75 SQ 229.05 1,317.04 (0.00)1,317.04 comp. shingle rfg. - w/ felt Allow for repair only. Totals: Building90 - Animal Shelter 1,317.04 0.00 1,317.04 Building126 - Admin 8 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 8 DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Laminated - comp. shingle rfg.118.00 SQ 38.39 4,530.02 (0.00)4,530.02 - w/ felt Replace Laminated - comp. shingle rfg.148.67 SQ 185.91 27,639.24 (6,909.81)20,729.43 - w/ felt Remove Exhaust cap - through roof*22.00 EA 5.89 129.58 (0.00)129.58 Replace Exhaust cap - through roof*22.00 EA 59.76 1,314.72 (328.68)986.04 Remove Flashing - pipe jack 15.00 EA 4.61 69.15 (0.00)69.15 Replace Flashing - pipe jack 15.00 EA 24.08 361.20 (90.30)270.90 Remove Drip edge 464.00 LF 0.22 102.08 (0.00)102.08 Replace Drip edge 464.00 LF 1.43 663.52 (165.88)497.64 Possible supplement on decking if needed. Dumpster load - Approx. 30 yards, 5-7 4.00 EA 424.45 1,697.80 (0.00)1,697.80 tons of debris Replace Boom lift - 30'-45' reach 8.00 DA 425.00 3,400.00 (0.00)3,400.00 Totals: Building126 - Admin 39,907.31 7,494.67 32,412.64 Building127 - Chem Storage DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Laminated - comp. shingle rfg.13.40 SQ 38.39 514.43 (0.00)514.43 - w/ felt Replace Laminated - comp. shingle rfg.15.00 SQ 185.91 2,788.65 (697.16)2,091.49 - w/ felt Remove Exhaust cap - through roof*5.00 EA 5.89 29.45 (0.00)29.45 Replace Exhaust cap - through roof*5.00 EA 59.76 298.80 (74.70)224.10 Remove Flashing - pipe jack 4.00 EA 4.61 18.44 (0.00)18.44 Replace Flashing - pipe jack 4.00 EA 24.08 96.32 (24.08)72.24 Remove Drip edge 160.00 LF 0.22 35.20 (0.00)35.20 Replace Drip edge 160.00 LF 1.43 228.80 (57.20)171.60 Possible supplement on decking if needed. Dumpster load - Approx. 20 yards, 4 3.00 EA 379.91 1,139.73 (0.00)1,139.73 tons of debris Totals: Building127 - Chem Storage 5,149.82 853.14 4,296.68 Building128 DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV There is obvious hail damage to the metal roof, but it doesn't appear that the structural integrity of the roof has been compromised. 9 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 9 CONTINUED - Building128 DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Totals: Building128 0.00 0.00 0.00 Building129 South Service DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Laminated - comp. shingle rfg.115.20 SQ 38.39 4,422.53 (0.00)4,422.53 - w/ felt Replace Laminated - comp. shingle rfg.144.00 SQ 185.91 26,771.04 (6,692.76)20,078.28 - w/ felt Remove Exhaust cap - through roof*23.00 EA 5.89 135.47 (0.00)135.47 Replace Exhaust cap - through roof*23.00 EA 59.76 1,374.48 (343.62)1,030.86 Remove Flashing - pipe jack 16.00 EA 4.61 73.76 (0.00)73.76 Replace Flashing - pipe jack 16.00 EA 24.08 385.28 (96.32)288.96 Remove Drip edge 480.00 LF 0.22 105.60 (0.00)105.60 Replace Drip edge 480.00 LF 1.43 686.40 (171.60)514.80 Possible supplement on decking if needed. Dumpster load - Approx. 20 yards, 4 6.00 EA 379.91 2,279.46 (0.00)2,279.46 tons of debris Replace Boom lift - 30'-45' reach 8.00 DA 425.00 3,400.00 (0.00)3,400.00 Totals: Building129 South Service 39,634.02 7,304.30 32,329.72 Building142 - Tennis DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Remove Skylight - double dome fixed,3.00 EA 14.80 44.40 (0.00)44.40 6.6 - 9 sf Replace Skylight - double dome fixed,3.00 EA 304.19 912.57 (91.26)821.31 6.6 - 9 sf Remove Skylight flashing kit - dome 3.00 EA 4.10 12.30 (0.00)12.30 Replace Skylight flashing kit - dome 3.00 EA 64.93 194.79 (19.48)175.31 Dumpster load - Approx. 12 yards, 1-3 1.00 EA 321.31 321.31 (0.00)321.31 tons of debris Totals: Building142 - Tennis 1,485.37 110.74 1,374.63 10 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 10 Special Events DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV This storage unit has hail damage, but there is no listing on the schedule for this building. Totals: Special Events 0.00 0.00 0.00 GENERAL DESCRIPTION QUANTITY UNIT COST RCV DEPREC.ACV Replace Various electrical repairs 1.00 EA 1,200.00 1,200.00 (0.00)1,200.00 Various lights damaged over several buildings due to hail. Replace Traffic light repairs 1.00 EA 1,415.00 1,415.00 (283.00)1,132.00 Totals: GENERAL 2,615.00 283.00 2,332.00 Line Item Totals: LG039790LR 433,929.72 71,629.83 362,299.89 Coverage Item Total %ACV Total % Building1 184,352.52 42.48%157,802.58 43.56% Building8 27,842.17 6.42%22,623.63 6.24% Building9 47,799.85 11.02%38,905.21 10.74% Building12 101.32 0.02%101.32 0.03% Building32 3,365.24 0.78%2,841.02 0.78% Building34 629.00 0.14%629.00 0.17% Building35 33,493.10 7.72%27,815.65 7.68% Building36 46,237.96 10.66%37,518.77 10.36% Building90 1,317.04 0.30%1,317.04 0.36% Building126 39,907.31 9.20%32,412.64 8.95% Building127 5,149.82 1.19%4,296.68 1.19% Building128 0.00 0.00%0.00 0.00% Building129 39,634.02 9.13%32,329.72 8.92% Building142 1,485.37 0.34%1,374.63 0.38% Signs 2,615.00 0.60%2,332.00 0.64% Total 433,929.72 100.00%362,299.89 100.00% 11 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 11 Summary for Building1 Line Item Total 184,352.52 Replacement Cost Value $184,352.52 Less Depreciation (26,549.94) Actual Cash Value $157,802.58 Less Deductible (2,500.00) Net Claim $155,302.58 Total Recoverable Depreciation 26,549.94 Net Claim if Depreciation is Recovered $181,852.52 Lori Kutz-Rinehart, G.A. 12 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 12 Summary for Building8 Line Item Total 27,842.17 Replacement Cost Value $27,842.17 Less Depreciation (5,218.54) Actual Cash Value $22,623.63 Net Claim $22,623.63 Total Recoverable Depreciation 5,218.54 Net Claim if Depreciation is Recovered $27,842.17 Lori Kutz-Rinehart, G.A. 13 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 13 Summary for Building9 Line Item Total 47,799.85 Replacement Cost Value $47,799.85 Less Depreciation (8,894.64) Actual Cash Value $38,905.21 Net Claim $38,905.21 Total Recoverable Depreciation 8,894.64 Net Claim if Depreciation is Recovered $47,799.85 Lori Kutz-Rinehart, G.A. 14 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 14 Summary for Building12 Line Item Total 101.32 Replacement Cost Value $101.32 Net Claim $101.32 Lori Kutz-Rinehart, G.A. 15 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 15 Summary for Building32 Line Item Total 3,365.24 Replacement Cost Value $3,365.24 Less Depreciation (524.22) Actual Cash Value $2,841.02 Net Claim $2,841.02 Total Recoverable Depreciation 524.22 Net Claim if Depreciation is Recovered $3,365.24 Lori Kutz-Rinehart, G.A. 16 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 16 Summary for Building34 Line Item Total 629.00 Replacement Cost Value $629.00 Net Claim $629.00 Lori Kutz-Rinehart, G.A. 17 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 17 Summary for Building35 Line Item Total 33,493.10 Replacement Cost Value $33,493.10 Less Depreciation (5,677.45) Actual Cash Value $27,815.65 Net Claim $27,815.65 Total Recoverable Depreciation 5,677.45 Net Claim if Depreciation is Recovered $33,493.10 Lori Kutz-Rinehart, G.A. 18 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 18 Summary for Building36 Line Item Total 46,237.96 Replacement Cost Value $46,237.96 Less Depreciation (8,719.19) Actual Cash Value $37,518.77 Net Claim $37,518.77 Total Recoverable Depreciation 8,719.19 Net Claim if Depreciation is Recovered $46,237.96 Lori Kutz-Rinehart, G.A. 19 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 19 Summary for Building90 Line Item Total 1,317.04 Replacement Cost Value $1,317.04 Net Claim $1,317.04 Lori Kutz-Rinehart, G.A. 20 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 20 Summary for Building126 Line Item Total 39,907.31 Replacement Cost Value $39,907.31 Less Depreciation (7,494.67) Actual Cash Value $32,412.64 Net Claim $32,412.64 Total Recoverable Depreciation 7,494.67 Net Claim if Depreciation is Recovered $39,907.31 Lori Kutz-Rinehart, G.A. 21 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 21 Summary for Building127 Line Item Total 5,149.82 Replacement Cost Value $5,149.82 Less Depreciation (853.14) Actual Cash Value $4,296.68 Net Claim $4,296.68 Total Recoverable Depreciation 853.14 Net Claim if Depreciation is Recovered $5,149.82 Lori Kutz-Rinehart, G.A. 22 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 22 Summary for Building129 Line Item Total 39,634.02 Replacement Cost Value $39,634.02 Less Depreciation (7,304.30) Actual Cash Value $32,329.72 Net Claim $32,329.72 Total Recoverable Depreciation 7,304.30 Net Claim if Depreciation is Recovered $39,634.02 Lori Kutz-Rinehart, G.A. 23 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 23 Summary for Building142 Line Item Total 1,485.37 Replacement Cost Value $1,485.37 Less Depreciation (110.74) Actual Cash Value $1,374.63 Net Claim $1,374.63 Total Recoverable Depreciation 110.74 Net Claim if Depreciation is Recovered $1,485.37 Lori Kutz-Rinehart, G.A. 24 LITTLETON CLAIMS SERVICE 2625 North Josey Lane, # 301 Carrollton, Texas 75007 972-241-9813,972-241-9819 (fax) LG039790LR 8/16/2012 Page: 24 Summary for Signs Line Item Total 2,615.00 Replacement Cost Value $2,615.00 Less Depreciation (283.00) Actual Cash Value $2,332.00 Net Claim $2,332.00 Total Recoverable Depreciation 283.00 Net Claim if Depreciation is Recovered $2,615.00 Lori Kutz-Rinehart, G.A. Insurance WTI Difference Coverage Item Total Building 1 184,352.52$ 256,446.90$ (72,094.38)$ Building 8 27,842.17$ 44,000.00$ (16,157.83)$ Building 9 47,799.85$ 66,500.00$ (18,700.15)$ Building 12 101.32$ 4,471.00$ (4,369.68)$ Building 32 3,365.24$ 3,365.24$ Building 34 629.00$ 629.00$ Building 35 33,493.10$ 39,200.00$ (5,706.90)$ Building 36 46,237.96$ 55,000.00$ (8,762.04)$ Building 90 1,317.04$ 1,285.00$ 32.04$ Building 126 39,907.31$ 52,500.00$ (12,592.69)$ Building 127 5,149.82$ 7,425.00$ (2,275.18)$ Building 128 ‐$ 3,519.00$ (3,519.00)$ Building 129 39,634.02$ 52,500.00$ (12,865.98)$ Building 142 1,485.37$ 2,273.00$ (787.63)$ Signs 2,615.00$ ‐$ 2,615.00$ Landscape Repairs 2,500.00$ (2,500.00)$ P&P Bond Costs ‐$ 5,907.00$ (5,907.00)$ Total 433,929.72$ 593,526.90$ (159,597.18)$ Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 August 22, 2012 Sheri Moino The City of Coppell 816 S. Coppell Rd. Coppell, Texas 75019 RE: City of Coppell – Hail Damage Proposal - Revised I am providing you with a cost proposal for the scope of work attached. Below represents the services including supervision, labor, materials and equipment for removal, rehabilitation, and installation of all necessary construction components as needed to complete the scope of work as follows. All work to be performed thru the TCPN Contract #R5101 - JOC Contract for Construction Services. General Conditions: 1. Construction shall be limited to the perimeter set forth in the scope of work attached. 2. Precautions will be taken to protect all adjacent areas surrounding the affected work areas. 3. All work to be performed in accordance with all OSHA rules and regulations. 4. Daily safety inspections will be performed. 5. Daily and final clean-up shall be provided. Town Center – Built up Roof Section Scope 1. Remove existing roof systems to metal deck 2. Clean and inspect deck for damage and repair as priced below. 3. Remove parapet metal wall panels and cut to allow a minimum of 8” base flashing 4. Disconnect/reconnect any electrical HVAC for proper flashing and details. 5. Mechanically attach a 3” ISO board and adhere a 25/32” WF HD coated 6 sides 6. Install crickets between drains for proper slope to drain. 7. Install two plies of composite membrane in cold adhesive. 8. In additional, install 1 ply of Energy Star SBS cap sheet. 9. Install CSPE flashings on all curbs and wall flashing. 10. Roof system is FMG 1-90, with NRCA details and SMACNA metal components Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Town Center – Shingle Roof Section only – Scope of Work 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 30 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 5. Replace ridge vents with new nail over ridge vent where exists. 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. 10. Any existing air vents, gas vents and any other metal vents not replaced will be painted to match. 11. Install new TAMKO Heritage Premium 50 year architectural composition shingles with 1 ¼ galvanized nails. 12. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 13. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. An allowance for landscape repairs of $2,500.00 is included in price below. 2. Repair or replace rusted or damaged metal deck priced as priced stated below. 3. Repair or replace damaged or deteriorated decking as priced stated below. 4. Contractor shall have full access to area to complete the project. 5. Construction duration will depend on an acceptable phasing plan agreed by all parties involved. -Unit price for repair and prime metal deck.......................$2.40 per Sq Ft -Unit price for replacement of metal deck.......................$10.65 per Sq Ft -Unit price replacement of wood nailers...........................$ 2.80 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount for Town Center Bldg ---------------------------$256,446.90 Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Tennis Center – Skylight Replacement: 1. Furnish and supply materials to replace (3) 28” x 28” skylights on metal roof. Total Amount for Tennis Center ------------------------ $2,273.00 Special Events Building – Skylight & Shingle Roof Area – Scope of Work 1. Furnish and supply materials to replace (1) 24” x 24” skylights on shingle roof. 2. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 3. Inspect deck for damage and replace as priced below. 4. Apply new 30 pound felt underlayment with approved plastic cap fasteners. 5. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 6. Replace (3) wind turbines and all low profile vents to match roof 7. Replace existing metal as necessary. 8. Apply TARCO leak barrier membrane in all valleys where exists 9. Replace all bad step flashing as needed 10. Replace any large vents that are damaged and paint to match roof. 11. Install new TAMKO Heritage 25 year architectural composition shingles with 1 ¼ galvanized nails. 12. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 13. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount for Special Events Center ---------------------$3,519.00 Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Animal Shelter – Shingle Roof Area – Scope of Work: 1. Inspect roof and remove shingles with evidence of hail damage. (approximately 200 sq. ft. of shingles) 2. Clean exposed areas and remove back nails from shingles above for a proper tie-in. 3. Install new compatible shingles (to matching existing ) mechanically attached with 1-1/4” roofing nails according to specifications at a ratio of 6 nails per shingle. 4. Adhere new and surrounding loose shingle from tie –in with compatible roofing mastic. 5. Perform housekeeping and remove debris from facility. Total Amount for Animal Shelter ----------------------------$1,285.00 Fire Administration Building – Shingle Roof Areas – Scope of Work: 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 30 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 5. Replace (3) wind turbines and all low profile vents to match roof 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. 10. Install new TAMKO Heritage 30 year architectural composition shingles with 1 ¼ galvanized nails. 11. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 12. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount for Fire Administration Building --------------$44,000.00 Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Fire Station # 1 – Shingle Roof Area - Scope of work: 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 15 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 5. Replace ridge vent with new nail over ridge vent. 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. Any existing air vents, gas vents or any other metal vents not replaced will be painted to match. 10. Install new TAMKO Heritage 30 year architectural composition shingles with 1 ¼ galvanized nails. 11. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 12. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. 2. Contractor shall have full access to area to complete the project. 3. Construction duration will depend on an acceptable phasing plan agreed by all parties involved. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount for Fire Station #1------------------------------$66,500.00 Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Fire Station #2 – Shingle Roof Area - Scope of work: 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 15 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 5. Replace ridge vent with new nail over ridge vent. 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. Any existing air vents, gas vents or any other metal vents not replaced will be painted to match. 10. Install new TAMKO Heritage 30 year architectural composition shingles with 1 ¼ galvanized nails. 11. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 12. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. 2. Contractor shall have full access to area to complete the project. 3. Construction duration will depend on an acceptable phasing plan agreed by all parties involved. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount for Fire Station # 2 -----------------------------$39,200.00 Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Fire Station #3 – Shingle Roof Areas - Scope of Work: 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 15 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 5. Replace ridge vent with new nail over ridge vent. 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. Any existing air vents, gas vents or any other metal vents not replaced will be painted to match. 10. Install new TAMKO Heritage 30 year architectural composition shingles with 1 ¼ galvanized nails. 11. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 12. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. 2. Contractor shall have full access to area to complete the project. 3. Construction duration will depend on an acceptable phasing plan agreed by all parties involved. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount for Fire Station # 3 ----------------------------$55,000.00 Library – Skylight Repairs: 1. Furnish and supply materials to replace (3) sections of entryway barrel skylights. Total Amount -----------------------------------------------$4,471.00 Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Administration and Service Center Building – Shingle Roof areas: 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 15 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 5. Replace ridge vent with new nail over ridge vent. 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. Any existing air vents, gas vents or any other metal vents not replaced will be painted to match. 10. Install new TAMKO Heritage 30 year architectural composition shingles with 1 ¼ galvanized nails. 11. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 12. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. 2. Contractor shall have full access to area to complete the project. 3. Construction duration will depend on an acceptable phasing plan agreed by all parties involved. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount Admin and Service Center Bldgs--------------$52,500.00 South Service Center Building – shingle roof areas: 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 15 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 5. Replace ridge vent with new nail over ridge vent. 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. Any existing air vents, gas vents or any other metal vents not replaced will be painted to match. 10. Install new TAMKO Heritage 30 year architectural composition shingles with 1 ¼ galvanized nails. 11. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 12. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. 2. Contractor shall have full access to area to complete the project. 3. Construction duration will depend on an acceptable phasing plan agreed by all parties involved. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ sheet Total Amount for South Service Center Bldg--------------$52,500.00 Northwest Storage Building – shingle roof areas – Scope of Work: 1. Tear off existing shingles, valleys, pipe flashing and ridge vent and haul off job to dispose of properly. 2. Inspect deck for damage and replace as priced below. 3. Apply new 15 pound felt underlayment with approved plastic cap fasteners. 4. Remove and replace any pipe flashing with new lead jacks and paint to match roof. 5. Replace ridge vent with new nail over ridge vent. 6. Replace existing metal as necessary. 7. Apply TARCO leak barrier membrane in all valleys where exists 8. Replace all bad step flashing as needed 9. Replace any large vents that are damaged and paint to match roof. Any existing air vents, gas vents or any other metal vents not replaced will be painted to match. Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 10. Install new TAMKO Heritage 30 year architectural composition shingles with 1 ¼ galvanized nails. 11. Install new TAMKO Elite 25 year cut three tab shingles at all hip and ridges. 12. Clean up daily and will follow all OSHA safety rules. CLARIFICATION: 1. Repair or replace damaged or deteriorated decking as priced stated below. 2. Contractor shall have full access to area to complete the project. 3. Construction duration will depend on an acceptable phasing plan agreed by all parties involved. -Unit price replacement of wood nailers...........................$ 2.40 per LF -Unit price for replacement of wood decking……………$72.00 per 4’x8’ Total Amount for Northwest Storage Bldg---------------$7,425.00 General Notes: 1. No decking replacement has been allotted for any of the buildings; pricing can be adjusted per SF as noted in the above scope of work. 2. This proposal is based on using each facility’s exiting utilities (elect, water, etc) if needed to complete the scope of work, including the use of the restroom facilities. 3. City Permits & fees are not included in this proposal. 4. AE Fees are excluded. 5. State and local sales tax is excluded. 1.0 PROPOSAL SUMMARY: 3.1 Construction Cost:587,619.90$ 3.2 Payment & Performance Bond 5,907.00$ 3.3 Total Cost for this project:593,526.90$ Thank you for the opportunity to provide this proposal to you. We look forward to serving the City of Coppell on this and future projects. Weatherproofing Technologies, Inc. 16902 El Camino Real, Suite 4C, Houston, TX 77058  281-480-7900 Sincerely, Eric Stanford WTI Southeast Area Manager Cc: Russell Pierce, Tremco **Please sign below for Acceptance of this Proposal and terms: __________________________________ ____________________ City of Coppell (authorized signature) Date PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 28, 2012 To: Mayor and City Council From: Brad Reid, Director Re: Consider approval of a quote from H&G Systems, in the amount of $75,000.00, for the replacement of water heating boilers at the Coppell Aquatic and Recreation Center, and authorizing the City Manager to sign the necessary documentation. Background: The four (4) commercial water heaters (“boilers”) at the Coppell Aquatic and Recreation Center were installed in 2000 as part of the original construction of the facility. These boilers provide heated water for the indoor pools, as well as for the various restroom facilities (showers and sinks) throughout the facility. The average usable life of commercial boilers such as these is ten (10) years and they have begun to show signs that they are reaching the end of their usefulness. One of the boilers was inoperable for a period of time this summer, causing a review of the entire system and prompting the plan to replace all the boilers. Staff is proposing that the boilers be replaced, as a proactive measure to ensure that hot water service is not interrupted when one or more of the boilers breaks-down, which would cause the loss of hot water for the facility. This is especially important as we move into the cooler months of the year. The hot water system requires interlock with the existing “Dectron” pool dehumidification system and circulating pumps. For several reasons the Dectron system was replaced during the recent expansion and renovation project, and is currently under the warranty and maintenance agreement period. The water flows and control of the boilers items are integral to the operation of the dehumidification system. This proposal seeks to replace the four boilers, so that the two systems will be new, and can interlock properly with one other. The City’s vendor for these two systems is H&G Systems, Inc. H&G installed the new Dectron system during the expansion and renovation project, and also has an annual maintenance and service agreement with the City for the upkeep of these systems. Because of H&G’s agreement with the City, and due to the fact that the two systems must interlock with each other in order to function properly, staff is recommending that a contract for the purchase and installation of four commercial boilers for the Aquatic and Recreation Center be awarded to H&G Systems, Inc., in the amount of $75,000. This project is not in the current budget but due to the reduced operating schedule at the Center this year because of the expansion project, there are funds remaining in the Recreation budget to cover this expense. City Council Action requested: Approval of a quote from H&G Systems for the replacement of water heaters at the Coppell Aquatic and Recreation Center, in the amount of $75,000.00, and authorizing the City Manager to sign the necessary documentation Staff Recommendation: Approval of this item. Memorandum Date: August 21, 2012 To: Mayor and Council From: Rosie Caballero, Court Administrator Subject: Approval of an ordinance creating a Juvenile Case Manger Fee as a cost of court, creating a Municipal Court Juvenile Case Manager Fund, and designating the uses for the said fund, and adopting Rules, Policies and Code of Ethics for a Juvenile Case Manager Coppell Municipal Court No. 1 requests the Code of Ordinances be amended by adding a section to authorize the court to employ a Juvenile Case Manager, to impose the Juvenile Case Manager fee as a cost of court, create a Juvenile Case Manager Fund, and designate the use for the fund. The creation of a juvenile case manager position will provide services assisting the judge in cases involving juvenile offenders. A Juvenile Case Manager would assist in administering the court’s juvenile dockets; assist the judge in supervising its orders in juvenile cases, and communicate with the court relevant life circumstances of juveniles appearing before the court. Currently, Coppell Municipal Court handles approximately 350 minor/juvenile (persons under the age of 18) cases per year, including fail to attend school, curfew, possession of drug paraphernalia, alcohol and traffic violations. In an effort to assist with these cases, we recommend that the existing Municipal Court Programs Coordinator position be designated as the Coppell Municipal Court Juvenile Case Manager who will provide services in cases involving juvenile offenders before the court consistent with the court’s statutory powers. We have seen firsthand, cases in which communication with a juvenile defendant have revealed a possible medical condition. With this information the judge was able to order this person to seek medical diagnoses, take medicine and go to school. This individual progressed from near high school drop-out status to graduating high school and contemplating college after receiving treatment. Through our experience and the experiences shared by other agencies we believe the benefit of a juvenile case manager is invaluable and beneficial to our community. The Juvenile Case Manager will complete an assessment on each juvenile and make a recommendation to the judge if asked. The Juvenile Case Manager will also assist with the defendant referrals to local, state and other agencies that may provide the defendants specialized assistance. The Juvenile Case Manager will be readily available, maintain open communications with the judge and develop a rapport with the juveniles to ensure the best interest of the juvenile is met. We hope to be a positive force in assisting the juvenile in their exposure to the judicial system. With this said, the statute also allows for the collection of a $5 fee on all convictions in the municipal court. This fee may be used to finance the salary, benefits, training, travel expenses, office supplies and other necessary expenses relating to the position of Juvenile Case Manager. Although we do not anticipate being able to offset the salary immediately upon collection, based on previous conviction reports we anticipate the collection of approximately $35,000.00 within one year of the fund’s implementation. Staff recommends approval of Ordinance and related items and will be available to answer questions at the Council meeting. TM 56324 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING ARTICLE 5-2 (“COURT COSTS AND FEES”) OF CHAPTER 5 (“THE MUNICIPAL COURT OF RECORD”) BY ADDING SECTION 5-2-5, IMPOSING A JUVENILE CASE MANAGER FEE AS A COST OF COURT, CREATING A MUNICIPAL COURT JUVENILE CASE MANAGER FUND, AND DESIGNATING THE USES FOR THE SAID FUND AS HEREINAFTER SET FORTH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the provisions of Article 45.056 and Article 102.0174 of the Texas Code of Criminal Procedure authorize municipalities to employ a case manager to provide services in cases involving juvenile offenders and to create a Juvenile Case Manager Fund to finance the salary, benefits, training, and other necessary expenses relating to the position of a juvenile case manager; and WHEREAS, the law authorizes municipalities to impose an additional court cost in order to create and contribute to the Juvenile Case Manager Fund; and WHEREAS, the employment of a juvenile case manager can serve the needs of the City and the community by providing more direct and comprehensive assistance to juveniles who are in need of help and may serve to reduce the number and severity of juvenile crimes. Accordingly, the City Council finds that the employment of a juvenile case manager is in the best interests of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Article 5-2 (“Court Costs and Fees”) of Chapter 5 (“The Municipal Court of Record”) of the Code of Ordinances of the City of Coppell, Texas, be and is hereby amended by adding Section 5-2-5, to read as follows: “CHAPTER 5 THE MUNICIPAL COURT OF RECORD ….. ARTICLE 5-2 COURT COSTS AND FEES TM 56324 ….. Sec. 5-2-5. Juvenile Case Manager A. Creation. The Municipal Court Juvenile Case Manager Fund (referred to in this section as the “fund”) is hereby created. The municipal court is hereby authorized to establish and employ one or more juvenile case managers to assist the court in administering its juvenile docket and in supervising its court orders in juvenile cases. B. Imposition of Juvenile Case Manager Fee. Any defendant convicted in the municipal court shall be charged and shall pay as a cost of court, in additional to other costs of court, a juvenile case manager fee of five dollars ($5.00). The judge of the court may waive the fee imposed in this section in a case of financial hardship. For the purposes of this section, a defendant is considered convicted if: 1. a sentence is imposed on the defendant; or 2. the defendant receives deferred disposition, including the deferral of proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure. C. Administration of Fund. The municipal court clerk shall collect the juvenile case manager fees, pay the fees to the City’s finance director, and the fees shall be deposited by the finance director into the fund. The fund shall be administered under the direction of the city council and may be used only to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of the juvenile case manager. The fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager. D. Effective: the Juvenile Case Manager fee imposed by this Section shall apply only to conviction for offenses committed on or after the effective date of this Section.” SECTION 2: That the City Council does hereby adopt the Rules and Policies for the Juvenile Case Manager, a copy of which is attached hereto and incorporated herein, which Rules require a periodic review of juvenile case managers to ensure the implementation of the Rules, and which the Council finds to set forth reasonable rules for juvenile case managers that provide: a code of ethics, and for the enforcement of the code of ethics; appropriate educational pre- service and in-service training standards for juvenile case managers; and training in the role of the juvenile case manager, case planning and management, applicable procedural and substantive law, courtroom proceedings and presentation, services to at-risk youth under Subchapter D, TM 56324 Chapter 264, of the Texas Family Code, local programs and services for juveniles and methods by which juveniles may access those programs and services, and detecting and preventing abuse, exploitation, and neglect of juveniles. True and correct copies of the Rules shall be maintained in the office of the City Secretary and in the office of the municipal court administrator and shall be made available to city and court staff. SECTION 3: That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4: That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of _________, 2012. APPROVED: ______________________________________ MAYOR ATTEST: __________________________________ CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY 08/13/12 Rules and Policies for Juvenile Case Managers of the City of Coppell, as required by Article 45.056, Code of Criminal Procedures (as amended) Rule I – General Provisions Section 1. Basis Senate Bill 61, effective June 17, 2011, passed during the 82nd Regular Legislature, mandates the establishment of minimum training and educational standards for juvenile case managers. The legislative history for S.B. 61 states in part: “S.B. 61 seeks to establish minimum training and educational standards for juvenile case managers, including case planning and management; juvenile law; courtroom proceedings and presentations; law enforcement proceedings; local programs and services, including access procedures; code of ethics and disciplinary procedures; and detecting and preventing abuse, exploitation, and neglect of children. This training will create consistency across court systems and enable juvenile case managers to be more effective in their intended role as part court clerk, part probation officer, and part social worker.” Section 2. The Role of the Juvenile Case Manager A juvenile case manager provides services in cases involving juvenile offenders before a court consistent with the court’s statutory powers1. Juvenile case managers assist the court in administering the court’s juvenile docket and in supervising its orders in juvenile cases2. Juvenile case managers timely report any information or recommendations relevant to assisting the judge in making decisions that are in the best interest of the child3. While state law provides some parameters, the work performed by juvenile case managers is determined in light of local needs and circumstances. Accordingly, case managers may also perform intake duties on complaints filed, implement dispositional orders by providing supervision services, and initiate proceedings for enforcing those orders in the event of a violation4. 1 Article 45.056 (a)(1), Code of Criminal Procedure 2 Article 45.056 (c), CCP 3 Article 45.056 (f), CCP 4 Robert O. Dawson, Texas Juvenile Law (7th Edition) Texas Juvenile Probation Commission at 47. Rule II. Code of Ethics 08/13/12 Section 1. Preamble The goal of the juvenile case manager is to assist the Court in administering the Court’s juvenile dockets, to supervise its orders in cases involving juvenile offenders, and to communicate with the Court regarding relevant life circumstances of juveniles appearing before the Court. Those persons applying this Code of Ethics shall keep foremost in mind that the Court is guided at all times to upholding the integrity of the court and building public trust and confidence. Section 2. Standards 2.1 Confidentiality. A juvenile case manager shall not disclose to any unauthorized person any confidential information acquired in the course of employment. A juvenile case manager shall not violate the confidentiality of juvenile clients unless the juvenile case manager is seeking consultation services for the juvenile, or if the juvenile has threatened to harm himself, herself, or others, or if the juvenile case manager is providing details of any criminal activity in response to court orders. 2.2 Conflicts of Interest. A juvenile case manager shall be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. In order to maintain the community’s trust in the judicial system, a juvenile case manager should avoid soliciting or accepting gifts, gratuities, or loans, and should avoid engaging in business relationships that give rise to an appearance of impropriety. 2.3 Competence. A juvenile case manager shall endeavor at all times to perform official duties properly and with courtesy and diligence. A juvenile case manager shall fulfill his or her duty and represent himself or herself only within the boundaries of his or her education, training, certification, supervised experience, or other relevant professional experience 2.4 Respect for the Law. A juvenile case manager shall abide by all federal, state, county, and municipal laws, guidelines, ordinances, and rules. A juvenile case manager shall be familiar with the Texas Code of Judicial Conduct and the basic standards to which members of the judiciary are held. 2.5 Abuse of Position. A juvenile case manager shall not use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself, herself, or any other person. A juvenile case manager shall always maintain appropriate relationships with juveniles and members of their family who have cases in the Court. A juvenile case manager shall not discriminate against any person on the basis of age, race, sex, creed, sexual preference, disability, or national origin. 2.6 Private Life. A juvenile case manager shall behave in a manner that does not bring discredit to the City, the Court, or to them. A juvenile case manager’s character and conduct outside the court must be exemplary so as to maintain a position of respect in the City and in the community where he or she lives. 08/13/12 Section 3. Enforcement. Any alleged violation of these applicable ethical standards shall be subject to investigation and discipline by the City’s Municipal Court Administrator in consultation with the City’s Human Resources Department. RULE III. Education Pre-Service and In-Service Training Standards Section 1. Pre-service Training Prior to the commencement of full duties, the Juvenile Case Manager must obtain a minimum of twenty-four (24) pre-service training hours prior to one-year from the date of hiring. At least (12) hours of education and training must be completed in any of the following areas, to wit: a. The Role of the Juvenile Case Manager b. Case Planning and Management c. Applicable Procedural and Substantive Law in Municipal Courts d. Courtroom Proceedings and Presentation Section 2. Minimum In-Service Training Standards The Juvenile Case Manager must obtain at least eight (8) hours of education and training within each calendar year of employment to include but not limited to the following, to wit: a. The Role of the Juvenile Case Manager b. Case Planning and Management c. Applicable Procedural and Substantive law d. Courtroom Proceedings and Presentation e. Services to at-risk youth under (Subchapter D, Chapter 264, Family Code) f. Local programs and services for juveniles and methods by which juveniles may access those programs and services, and g. Detecting and preventing abuse, exploitation, and neglect of juveniles Rule VI. Implementation and Review Section 1. Implementation These Rules shall be implemented by the appropriate personnel in relation to the reporting chain as provided for in the latest organizational chart of the Municipal Court. Section 2. Review The Municipal Court Administrator shall conduct an annual review of the Juvenile Case Manager to ensure implementation of these rules.