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CP 2018-05-29 (special)City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, May 29, 2018 Special Called Meeting KAREN HUNT NANCY YINGLING Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 WES MAYS MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in a Special Called Session at 6:00 p.m. at Town Center, 255 Parkway Boulevard, Coppell, Texas, for an Executive Session, Regular Session, and a Work Session to follow immediately thereafter. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. A.Seek legal advice regarding Coppell ISD Security Resource Officer Memorandum of Understanding. Page 1 City of Coppell, Texas Printed on 5/25/2018 May 29, 2018City Council Meeting Agenda Section 551.072, Texas Government Code - Deliberation regarding Real Property. B.Discussion regarding real property east of South Belt Line Road and south of East Belt Line Road. Section 551.087, Texas Government Code - Economic Development Negotiations. Discussion regarding economic development prospects south of Dividend and west of Point West Boulevard. Section 551.076, Texas Government Code - Deliberation regarding Security Devices. C.Discussion regarding deployment of security personnel. Regular Session (Open to the Public) 3.Citizens’ Appearance 4.Consider approval of a Resolution authorizing the City Manager to apply, file and execute required applications for the temporary use permit and transfer of Certificate of Adjudication 08-2365; and authorizing the Mayor to sign. North Lake Water Rights Applications Memo.pdf Resolution.pdf Attachments: 5.Consider approval of an interlocal agreement with Dallas County to conduct a Joint Election Run-off on June 16, 2018; for a deposit in the amount not to exceed $99,185.64; and authorizing the City Manager to execute any necessary documents. Run-off memo.pdf Dallas County Elections contract-CN 2018-02-08.pdf City of Coppell Estimate.pdf Attachments: 6.Necessary Action from Executive Session 7.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding the contracting, bidding and engineering requirements for construction projects. B.Discussion related to contracting and purchasing co-ops. C.Discussion regarding 2018-2019 Service Organizations. D.Discussion regarding short term rentals. E.Discussion related to the Coppell 2040 process. F.Discussion regarding Council Committees. Service Organization Memo.pdf Service Organization Funding Requests 2019.pdf Attachments: Page 2 City of Coppell, Texas Printed on 5/25/2018 May 29, 2018City Council Meeting Agenda Council Memo and DRAFT Short Term Rental Ordinance.pdf 2040ProcessMemo.pdf 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 25th day of May, 2018, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION 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). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Page 3 City of Coppell, Texas Printed on 5/25/2018 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-3955 File ID: Type: Status: 2018-3955 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 05/23/2018File Created: Final Action: Executive SessionFile Name: Title: Seek legal advice regarding Coppell ISD Security Resource Officer Memorandum of Understanding. Notes: Agenda Date: 05/29/2018 Agenda Number: A. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 05/29/2018City Council Text of Legislative File 2018-3955 Title Seek legal advice regarding Coppell ISD Security Resource Officer Memorandum of Understanding. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 5/25/2018 Master Continued (2018-3955) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/25/2018 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-3956 File ID: Type: Status: 2018-3956 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 05/23/2018File Created: Final Action: Executive SessionFile Name: Title: Discussion regarding real property east of South Belt Line Road and south of East Belt Line Road. Notes: Agenda Date: 05/29/2018 Agenda Number: B. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 05/29/2018City Council Text of Legislative File 2018-3956 Title Discussion regarding real property east of South Belt Line Road and south of East Belt Line Road. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 5/25/2018 Master Continued (2018-3956) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/25/2018 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-3959 File ID: Type: Status: 2018-3959 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 05/23/2018File Created: Final Action: Executive SessionFile Name: Title: Discussion regarding economic development prospects south of Dividend and west of Point West Boulevard. Notes: Agenda Date: 05/29/2018 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 05/29/2018City Council Text of Legislative File 2018-3959 Title Discussion regarding economic development prospects south of Dividend and west of Point West Boulevard. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 5/25/2018 Master Continued (2018-3959) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/25/2018 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-3957 File ID: Type: Status: 2018-3957 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 05/23/2018File Created: Final Action: Executive SessionFile Name: Title: Discussion regarding deployment of security personnel. Notes: Agenda Date: 05/29/2018 Agenda Number: C. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 05/29/2018City Council Text of Legislative File 2018-3957 Title Discussion regarding deployment of security personnel. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 5/25/2018 Master Continued (2018-3957) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/25/2018 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-3958 File ID: Type: Status: 2018-3958 Resolution Agenda Ready 1Version: Reference: In Control: Engineering 05/23/2018File Created: Final Action: Water RightsFile Name: Title: Consider approval of a Resolution authorizing the City Manager to apply, file and execute required applications for the temporary use permit and transfer of Certificate of Adjudication 08-2365; and authorizing the Mayor to sign. Notes: Agenda Date: 05/29/2018 Agenda Number: 4. Sponsors: Enactment Date: North Lake Water Rights Applications Memo.pdf, Resolution.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 05/29/2018City Council Text of Legislative File 2018-3958 Title Consider approval of a Resolution authorizing the City Manager to apply, file and execute required applications for the temporary use permit and transfer of Certificate of Adjudication 08-2365; and authorizing the Mayor to sign. Summary Fiscal Impact: There is no fiscal impact with this item. Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 5/25/2018 Master Continued (2018-3958) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/25/2018 1 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Date: May 29, 2018 Reference: Resolution supporting water rights applications for North Lake 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  The City was assigned certain water rights related to the purchase of North Lake from Luminant.  The City is preparing to formally transfer ownership of those rights through the State.  The allowed use of North Lake water also needs to be changed through the State.  The City is also pursuing temporary water use rights.  The associated applications require a designated signatory for the City. Introduction: The resolution presented for approval supports filing the applications necessary to formally change the water rights ownership, allowable use, temporary water use rights, and designates the City Manager as the signatory on the applications. History: North Lake was built in 1957 by Dallas Power and Light (later known as Luminant) as a cooling pond for a steam electric generating plant. In 2010, the power plant was decommissioned and by 2012, ownership was transferred to the City of Coppell. As part of the purchase from Luminant, water rights to North Lake were included. Analysis: The City is currently preparing to formally change water rights ownership and water rights use through the Texas Commission on Environmental Quality (TCEQ). In addition, to allow use during the processing of the required applications, the City is applying for temporary water rights to North Lake. The applications require a resolution of the governing body authorizing the applications and designating a signatory. 2 Legal Review: The City Attorney prepared the resolution. Fiscal Impact: There is no fiscal impact with this item. Recommendation: The Public Works Department recommends approval of this resolution. TM 99584 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY OF COPPELL TO APPLY AND FILE REQUIRED APPLICATIONS FOR THE TEMPORARY USE PERMIT AND TRANSFER OF CERTIFICATE OF ADJUDICATION 08-2365; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell was assigned certain water rights in connection with its purchase of real property from Luminant and need to formally transfer the Certification of Adjudication, Change of Ownership application and the Temporary Water Use Right Application; and WHEREAS, upon full review City Council authorizes the City Manager to execute the Surface Water Rights Change of Ownership Form, the TCEQ Core Data Form and application for Temporary Water Use Permit for 10-acre feet of water in reference to Certificate of Adjudication 08-2365 (herein after collectively referred as “Applications”) on behalf of the City of Coppell, Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City of Coppell hereby seeks to fill the Applications and the City Manager is authorized to seek the transfer of rights in accordance with State law and the rights under Certificate of Adjudication 08-2365 to be rested in the name of the City of Coppell. SECTION 2. That the City Manager is hereby authorized to execute and cause such Applications for and on behalf of the City of Coppell, any amendments thereto and/or such other instruments, and, cause the same, to be filed and seek the rights recited therein. SECTION 3. That this Resolution shall become effective immediately from and after its passage. 2 DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ________ day of ______________, 2018 CITY OF COPPELL, TEXAS ______________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ______________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ ROBERT E. HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-3961 File ID: Type: Status: 2018-3961 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 05/25/2018File Created: Final Action: Runoff ElectionFile Name: Title: Consider approval of an interlocal agreement with Dallas County to conduct a Joint Election Run-off on June 16, 2018; for a deposit in the amount not to exceed $99,185.64; and authorizing the City Manager to execute any necessary documents. Notes: Agenda Date: 05/29/2018 Agenda Number: 5. Sponsors: Enactment Date: Run-off memo.pdf, Dallas County Elections contract-CN 2018-02-08.pdf, City of Coppell Estimate.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 05/29/2018City Council Text of Legislative File 2018-3961 Title Consider approval of an interlocal agreement with Dallas County to conduct a Joint Election Run-off on June 16, 2018; for a deposit in the amount not to exceed $99,185.64; and authorizing the City Manager to execute any necessary documents. Summary Fiscal Impact: Fund balance of the General Fund will be used for this item. Staff Recommendation: Page 1City of Coppell, Texas Printed on 5/25/2018 Master Continued (2018-3961) Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/25/2018 1 MEMORANDUM To: Mayor and City Council From: Christel Pettinos, City Secretary Date: May 29, 2018 Reference: Consider approval of an interlocal agreement with Dallas County to conduct a Joint Election Run-off on June 16, 2018; for a deposit in the amount not to exceed $99,185.64; and authorizing the City Manager to execute any necessary documents. Introduction: City Council approved an interlocal agreement in January with Dallas County for conducting the May 5th Joint Elections. As a result of the election, Council Place 6 has a pending run-off planned for June 12th. Dallas County is requesting a deposit of funds in the amount of $99,185.64 to be delivered by June 1st. Analysis: Dallas County estimated the price by multiplying Coppell’s unit cost, $8,265.47, by the 12 precincts (ten in Dallas County and two in Denton County). Legal Review: The agenda item was reviewed by Bob Hager on 5/24/2018. Fiscal Impact: Recommendation: Approval recommended. ELECTION SERVICES CONTRACT ("Election Services Contract") JOINT ELECTION SERVICES AGREEMENT BETWEEN THE DALLAS COUNTY ELECTIONS ADMINISTRATOR AND Town Of Addison (TOA) City Of Balch Springs (COBS) City Of Carrollton (COC) City Of Cedar Hill (COCdH) City Of Cockrell Hill (COCkH) City Of Coppell (COPP) City Of Desoto (CODe) City Of Duncanville (CODu) City Of Farmers Branch (COFB) City Of Garland (COG) City Of Grand Prairie (COGP) Town of Highland Park (THP) City Of Hutchins (COH) City Of Irving (COI) City Of Lancaster (COL) City Of Lewisville (COLew) City Of Mesquite (COM) City Of Rowlett (CORw) City Of Sachse (COSa) City Of Seagoville (COSe) Town Of Sunnyvale (TOS) City Of University Park (COUP) City of Wilmer (COW) Carrollton -Farmers Branch ISD (CFBISD) Cedar Hill ISD (CHISD) Coppell ISD (CpISD) Dallas ISD (DISD) DeSoto ISD (DeISD) Duncanville ISD (DuISD) Garland ISD (GISD) Grand Prairie ISD (GPISD) Highland Park ISD (HPISD) Irving ISD (IISD) Lancaster ISD (LISD) Mesquite ISD (MISD) Richardson ISD (RISD) Sunnyvale ISD (SuISD) Dallas County Community College District (DCCCD) Dallas County Park Cities MUD (DCPCMUD) Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 1 of 20 FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD SATURDAY, MAY 5`b, 2018 TO BE ADMINISTERED BY THE DALLAS COUNTY ELECTIONS DEPARTMENT 1) STATUTORY AUTHORITY FOR AND PARTIES TO THIS ELECTION SERVICES CONTRACT a) Antoinette "Toni" Pippins -Poole ("Toni Pippins -Poole") is the duly appointed County Elections Administrator ("Elections Administrator") of Dallas County, Texas ("County") and the Department Head of the Dallas County Elections Department ("DCED"). As such, Toni Pippins -Poole is the County's Voter Registrar and the Election Officer of Dallas County, Texas and is authorized by Subchapter D of Chapter 31 of Title 3 of the Texas Election Code to enter into this Election Services Contract with the contracting authorities of the Participating Political Subdivisions listed in "Attachment F" of this Election Services Contract. DCED acts at the direction of the Elections Administrator. b) The contracting authorities of the Participating Political Subdivisions that are participating in this Election Services Contract are listed on the face page of this agreement and in Attachment F" of this Election Services Contract and are hereby participating with each other in this Joint Election to be held in Dallas County, Texas on Saturday, May 5, 2018 under Chapter 271 of Title 16 of the Texas Election Code ("Joint Election"); and are hereby contracting with the Elections Administrator of Dallas County, Texas to perform the election services set forth in this Election Services Contract under Subchapter D of Chapter 31 of Title 3 of the Texas Election Code. The Participating Political Subdivisions acknowledge that they are participating in this Joint Election with each other and with Dallas County, Texas and the State of Texas, to the extent that Dallas County, Texas and the State of Texas have candidates on the ballot in this Joint Election. c) The Elections Administrator will coordinate, supervise, and handle all aspects of administering this Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this Election Services Contract. Each contracting authority of each Participating Political Subdivision will pay its share of the Election Costs to the Elections Administrator for the equipment, supplies, services, and administrative costs outlined in this Election Services Contract. The Elections Administrator will administer the election; however, each Participating Political Subdivision will be responsible for the duties directly administered by the Participating Political Subdivision. d) If applicable and in the event a runoff election is necessary, the date of the runoff for this Joint election would be June 16, 2018. This Elections Services Contract and its terms will be automatically extended to cover the Joint Runoff Election, unless a Participating Political Subdivision states in writing before May 17, 2018 that it does not wish to participant in a joint runoff election contemplated herein. DCED will provide each Participating Political Subdivision to which this Section 1(d) applies an estimated cost required to be deposited into a special and separate Joint Runoff Election account. The funds must be deposited no later than five (5) days after the Joint Runoff Election's estimated figures are received from DCED. 2) ATTACHMENTS The following attachments are hereby incorporated into this Election Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 2 of 20 Services Contract as if set forth herein in their entirety. The Participating Political Subdivisions acknowledge that the following attachments are subject to reasonable changes by the Dallas County Elections Administrator before, during, and after Election Day and any runoff election(s), if any runoff election(s) are required by law to be held. a) "Attachment A" is an itemized list of the estimated election expenses for this Joint Election and the amounts that each Participating Political Subdivision must deposit with the Dallas County Elections Department. It also includes the Deposit Detail for each entity. The Elections Administrator will amend "Attachment A" to reflect the changing estimates of election expenses that are caused by changing circumstances and by the withdrawal of Participating Political Subdivision(s), if any, from this Election Services Contract. b) "Attachment B" is a list of the early voting polling places for this Joint Election. c) "Attachment C' is a list of the Election Day polling places for this Joint Election. d) "Attachment D" is a list of the people that the Dallas County Elections Administrator will appoint as deputy early voting clerks for this Joint Election. e) "Attachment E" is a list of the presiding election judges and alternate election judges for Election Day for this Joint Election. f) "Attachment F" is a list of the Participating Political Subdivisions that will be holding elections in Dallas County election precincts or partial election precincts and the number of registered voters in each of those election precincts or partial election precincts. Attachment F" will also contain, for each Participating Political Subdivision, the full name of the person serving as a point of contact, the physical address, the mailing address, a facsimile number, and an email address. "Attachment F" will be amended if any of the Participating Political Subdivisions withdraw from this Election Services Contract. Attachment F" will be amended to reflect the number of registered voters in each election precinct and partial election precinct as of the statutory deadline (Thursday, April 5, 2018) for voters to submit applications to register to vote or changes of address in this Joint Election. In this Election Services Contract, the phrase "election precinct" is synonymous with the phrase "voting precinct." g) "Attachment G' is a list of the Participating Political Subdivisions & Ballot Details h) Within five (5) business days after any of the foregoing attachments are amended by the Elections Administrator, the Elections Administrator will send each Participating Political Subdivision an amended version of the amended attachment by email to the email address provided by each Participating Political Subdivision in "Attachment F." THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 3 of 20 3) LEGAL DOCUMENTS a) Each Participating Political Subdivision will prepare, adopt, and publish all legally required election orders, resolutions, notices, and other documents that are required by, or of, their governing bodies. Each Participating Political Subdivision must send the Elections Administrator a copy of any election order, resolution, or notice related to this Joint Election within three (3) business days of publishing, adopting, or ordering it. Such documents can be sent to the attention of: Robert Heard, Assistant Elections Administrator, 2377 North Stemmons Freeway, Suite 820, Dallas, Texas 75207; or, emailed to Robert.Heard@DallasCounty.org. Alternatively, these documents may be sent to: Daniel Bradley at Daniel.Bradley@ Da IlasCounty.org. b) Each Participating Political Subdivision is responsible for having its own election orders, resolutions, notices, or official ballot wording translated into the Spanish language. c) Always copy Toni.Pippins-Poole@ DallasCounty.ORG on all communications related to legal documents and question regarding this election. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 4 of 20 4) VOTING SYSTEMS a) Each Participating Political Subdivision agrees that, during this Joint Election, voters will cast their ballots on three different kinds of voting systems, each of which has been approved by the Texas Secretary of State in accordance with the Texas Election Code and the Texas Administrative Code: Direct Recording Electronic voting machines ("DRE"); an optical scanner voting system ("optical scan"); and a voting system accessible to voters with physical disabilities ("ADA Terminals"). On April 17, 2018 at 10:00 A.M., at the County Elections Department at 2377 N. Stemmons Frwy, Suite 820, Dallas, Texas, the Elections Administrator will test the DRE voting system and the automatic tabulating equipment used for counting ballots at the central counting station. From April 11', 201 until completed), at the County Election Equipment Warehouse at 1506 East Langdon Road, Hutchins, Texas, the Elections Administrator will test the optical scan voting system. At least 48 hours before the date and hour of each test, the Elections Administrator will publish a newspaper notice with the date, hour, and place of the testing. The Elections Administrator will establish regional collection sites within the county and a central counting station to receive and tabulate the regular ballots that are cast in this Joint Election and receive the provisional ballots. b) The Elections Administrator will provide DREs, precinct ballot counters, and voting booths for this Joint Election. Each polling place will have at least one voting terminal that complies with the Americans with Disabilities Act ("ADA"). During the early voting period, each early voting polling place will have master Personal Electronic Ballot ("PEB") devices and iVotronic DRE machines. For Election Day, the Elections Administrator will allocate voting booths to all of the polling places in amounts reasonably anticipated to be sufficient for the anticipated turnout of voters. Each Election Day polling place will have at least one precinct ballot counter and one (1) ADA iVotronic machine. c) The itemized list of the estimated election expenses for this Joint Election are in Attachment A," which includes, but may not be limited to the number of voting booths, precinct ballot counters, precinct tabulators, iVotronics voting machines, Americans with Disability Act ("ADA") Voting Terminals, Gemini voting booths, Personal Electronic Ballots, and Master Personal Electronic Ballots. All of the Participating Political Subdivisions agree that ADA Terminals will be used during this Joint Election under the Help America Vote Act of 2002 ("HAVA") and that the ADA Terminals will be part of this Election Services Contract. 5) POLLING PLACES a) The Elections Administrator will select and arrange for the use of and payment for all of the early voting polling places listed in "Attachment B" and the Election Day polling places listed in "Attachment C' subject to the approval of each Participating Political Subdivision. Polling locations identified in Attachments "B" and "C" cannot be changed by a Participating Political Subdivision, but the Elections Administrator may consider changes requested by a Participating Political Subdivision. Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 5 of 20 b) Whenever possible, previously used polling places that voters are accustomed to using will be used for the election precincts and partial election precincts in this Joint Election; however, the Participating Political Subdivisions acknowledge that sometimes previously used polling places are not available or appropriate for every election. Accessibility under the Americans with Disabilities Act is an important consideration for all polling places in this Joint Election. c) For polling places that have changed since the most recent election ordered by a Participating Political Subdivision, the Elections Administrator will mail registered voters affected by the changes notice of their new polling place location. 6) PRESIDING ELECTION JUDGES, ALTERNATE PRESIDING ELECTION JUDGES, ELECTION CLERKS, AND OTHER ELECTION DAY PERSONNEL a) The Elections Administrator will be responsible for the appointment of the presiding election judges and alternate election judges listed in "Attachment E" for each polling place listed in "Attachment C" subject to the approval of each Participating Political Subdivision. b) This sub -paragraph applies only to an election with no partisan candidate on any ballot. If a Participating Political Subdivision requests that a person not listed in "Attachment E" be appointed to serve in a specific polling place, but another Participating Political Subdivision requests that a different person be appointed to serve that same polling place, then the Elections Administrator will conduct a drawing by lot from the recommendations, no later than Monday, March 5, 2018 to resolve the conflict and notify each Participating Political Subdivision affected of the resolution. After the Elections Administrator notifies a person so selected by lot of the polling place where the person will serve, the Elections Administrator is not required to act on further such requests from the Participating Political Subdivisions for that specific polling place. c) If a person appointed as a presiding election judge or alternate election judge becomes ineligible to serve as such in this Joint Election, then the Election Administrator will appoint a replacement presiding election judge or alternate election judge, amend Attachment E" accordingly, and send each Participating Political Subdivision the amended "Attachment E" by email within five (5) business days. d) If a person is unable or unwilling to serve as a presiding election judge or an alternate election judge, then the Elections Administrator will name a replacement presiding election judge or send each Participating Political Subdivision the amended "Attachment E" by email within five (5) business days. e) The Elections Administrator will provide county training programs, in keeping with Section 32.114 of the Texas Election Code, for all of the presiding election judges, alternate election judges, and election clerks for this Joint Election. The presiding election judges are responsible for notifying the alternate presiding judge and the election clerks for the presiding election judge's polling place of the time and place of each training session. Pursuant to Section 32.114(b), the training programs will be open to the public free of charge. Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 6 of 20 f) To serve in this Joint Election, each presiding election judge and alternate election judge must have attended an election judge training session, a training session regarding the court rulings and the applicability of the mandatory Voter ID law, and optical scan training session taught by the Elections Administrator for this Joint Election within the last 6 months. Newjudges and election clerks that have not attended a mandatory Voter ID Law training session taught by the Elections Administrator for this Joint Election may not serve in this Joint Election. g) The Elections Administrator will notify the Participating Political Subdivisions by email and post on the DCED's website the dates, times, and locations of training classes and labs for both Early Voting and Election Day Workers. h) To comply with the Federal Voting Rights Act of 1965, as amended, precincts containing more than 5% Hispanic population, according to the 2010 census statistics, are required to have interpreter assistance. If a presiding election judge of such a precinct is not bilingual and is unable to hire a bilingual election clerk, the Elections Administrator may recommend an individual to provide interpreter assistance. If the Elections Administrator is unable to recommend an individual to provide interpreter assistance for such a precinct, the Elections Administrator will notify the Participating Political Subdivision and request assistance in identifying an interpreter. In the event that a bilingual election clerk is hired by the Elections Administrator for a precinct required to have interpreter assistance, the bilingual clerk will be paid according to a rate set by the Elections Administrator. The Elections Administrator will charge that expense to the funds deposited with the Dallas County Elections Department for the conduct of the elections listed in this Election Services Contract. A Participating Political Subdivision may pay more money to a bilingual clerk than the rate set by the Elections Administrator, however that expense will be borne by that Participating Political Subdivision individually and that extra expense will not be charged to the funds deposited with the Dallas County Elections Department for the conduct of the elections listed in this Election Services Contract. i) The Elections Administrator will notify all of the presiding election judges and alternate election judges about the eligibility requirements of Subchapter C of Chapter 32 of Title 3 of the Texas Election Code and Section 271.005 of the Texas Election Code. The Elections Administrator will take the necessary steps to insure that all of the presiding election judges and alternate election judges appointed to serve during this Joint Election are eligible to serve and qualified to serve in this Joint Election. Under Section 32.031 of the Texas Election Code, the presiding election judge for each election precinct shall appoint the election clerks to assist the presiding election judge in the conduct of the election at the polling place served by the presiding election judge on Election Day. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 7 of 20 j) The presiding election judges are responsible for picking up election supplies at the time and place determined by the Elections Administrator, which will be set forth in the letter to the presiding election judges requesting service for this election. Payments for the presiding election judge will be specified in "Attachment A." k) Any Participating Political Subdivision electing to pay their election workers for attending a training class or lab must bear that expense separately from the funds deposited into this Joint Election account. 1) The Elections Administrator will employ and or contract for other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of services, supplies and equipment assistance during the period of Early Voting and on Election Day, and for the efficient tabulation of ballots at the central counting station and regional sites. Part-time personnel will be paid an amount specified in "Attachment A." Part-time personnel working in support of the administration of the Election, including Central Counting Station, regional sites on election night will received pay for at least four (4) hours, minimum call for service, regardless of the actual hours worked. 7) SUPPLIES AND PRINTING a) The Elections Administrator will obtain and distribute all of the election supplies and election printing necessary for this Joint Election, including, but not limited to, all forms, signs, and other materials used by the presiding election judges and clerks at the polling places. b) The Elections Administrator will provide maps, if necessary, instructions, and other information that the presiding election judges need to conduct this Joint Election. c) Each Participating Political Subdivision must deliver a list to the Elections Administrator of candidates and propositions for their elections. The list must be in English and Spanish. The list must include the ballot positions for the candidates and the propositions. The list must include the correct spelling of each candidate's name and the precise wording of all of the propositions. The Elections Administrator will email each Participating Political Subdivision a Microsoft Word format form for their use to create the required list. As soon as possible after each Participating Political Subdivision has determined its ballot positions for the candidates and propositions in its election, the Participating Political Subdivision must email the completed Microsoft Word format form to the Elections Administrator. The Elections Administrator will use these electronic forms received from the Participating Political Subdivisions to create the ballot styles for this Joint Election. The Elections Administrator will deliver the proposed ballots to the Participating Political Subdivisions for approval. Each Participating Political Subdivision will be responsible for proofreading the proposed ballots and notifying the Elections Administrator of any corrections that are required for their particular ballots. The Elections Administrator is responsible for implementing the corrections made by the Participating Political Subdivisions to their ballots and then producing the ballots for this Joint Election. 8) OPTICAL SCAN CARD BALLOTS Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 8 of 20 a) The Elections Administrator will allocate ballots for this Joint Election by determining the approximate voter turnout for comparable elections in each election precinct or partial election precinct and then adding 25% to that numberforeach election precinct or partial election precinct. However, the minimum ballot allocation for each election precinct or partial election precinct will range from 25-50% of the registered voters in each election precinct or partial election precinct depending on election type and authorized by the political subdivision (50% is recommended for local liquor elections). b) Additional ballots will be available for Early Voting by Mail and for use on Election Day to respond to any polling place that requests additional ballots and printed on an a needed basis. Cost per ballot will be forty-five cents (.45¢). 9) RETURNS OF ELECTIONS a) The Elections Administrator will establish and operate a central counting station to receive and tabulate ballots cast in this Joint Election under Chapter 127 of Title 8 of the Texas Election Code. b) The Elections Administrator hereby, in accordance with Sections 127.002, 127.003 and 127.005 of the Texas Election Code, appoints the following central counting station officials: Central Count Station Manager Tabulation Supervisor: Assistant Tabulation Supervisor Presiding Judge: Alternate Presiding Judge: Toni Pippins -Poole, Dallas County Elections Administrator Daniel Bradley), Central Count Station Manager Danielle Grant), Central Count Station Lead Clerk Fay Matthews -Bridges, Asst. General Counsel, Dallas ISD Shana Jennings, City Secretary of Irving c) The Central Count Station Manager or her representative will deliver timely, cumulative reports of the election results as election precincts are tabulated. The Central Count Station Manager will be responsible for releasing cumulative totals and election precinct returns from the election to the Participating Political Subdivisions, candidates, press, and the general public by the distribution of hard copies or electronic transmittals (where accessible). The Elections Administrator will operate an election result center to release election results in the Health and Human Services Building, 2377 N. Stemmons Frwy., Suite 820, Dallas, Texas. d) The Elections Administrator will link any Participating Political Subdivision's website to DCED's website. Participating Political Subdivisions that want such website linkage should Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 9 of 20 deliver their website address to the Tabulation Supervisor at DCED. e) The Elections Administrator will prepare the unofficial canvass report after all precincts have been counted, and will email a copy of the unofficial canvass to each Participating Political Subdivision as soon as possible after all returns, provisional ballots, and late overseas ballots have been tabulated, but in no event no later than May 16, 2018. All Participating Political Subdivisions will be responsible for the official canvass of their respective elections. f) The Elections Administrator will be responsible for conducting the post-election manual recount, unless the Texas Secretary of State grants a waiver under Section 127.201 of the Texas Election Code. If no such waiver is given, the Elections Administrator will provide notice and copies of the recount to each Participating Political Subdivision and the Secretary of State's Office. Each Participating Political Subdivision must notify the Elections Administrator if such a waiver has been granted or denied as soon as possible, but no later than five (5) calendar days before Election Day. 10) ELECTION EXPENSES a) The Participating Political Subdivisions agree to share the costs of administering this Joint Election as specified in "Attachment A." The Election Administrator will charge a general supervisory fee not to exceed ten (10%) percent of the total cost of this Joint Election as authorized by Section 31.100 of the Texas Election Code. In no event will the ten (10%) percent general supervisory fee be refunded to any Participating Political Subdivision. If the ballot, candidates, or propositions supplied by the Participating Political Subdivision are changed after their initial printing by the Elections Administrator due to a court order from a court of competent jurisdiction, the affected Participating Political Subdivision(s) agrees to pay all expenses associated with re- printing and re -programming the ballots pursuant to a court order including expenses for expedited services and "Attachment A" will be amended by the Election Administrator. b) Allocation of costs among the Participating Political Subdivisions will be according to a formula based on the average cost per polling place and the allocation of election day tabulators (hereinafter W100's") in that polling place ("Unit Cost"). The Unit Cost will be determined by dividing the total of the itemized list of estimated election expenses by the total number of polling places. A "Polling Place" will be identified by and defined based on the presence and number of M100's and/or Election Supply Carts ("ESC"). Any Participating Political Subdivision that requests a different combination of precincts in polling places that exceeds the Unit Cost will be billed directly for any excess expenditures e.g. supplies, equipment, personnel, etc.). The cost of any special request from a Participating Political Subdivision, which is not agreed upon by all Participating Political Subdivisions, will be borne by the Participating Political Subdivision making the special request. Each Participating Political Subdivision agrees that no Participating Political Subdivision will be billed less than the minimum of one full Unit Cost as specified in Attachment A." Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 10 of 20 c) The expenses for early voting by mail and personal appearance will be paid by each Participating Political Subdivision as set forth in "Attachment A." d) The Elections Administrator will determine the final election expenses to the extent practicable within one hundred and eighty (180) business days after the final canvass of this Joint Election or the runoff election, if any. The Elections Administrator will provide each Participating Political Subdivision with a final, written accounting of all money that was deposited into, and payments that were made from, the Joint Election account(s) maintained by the Dallas County Elections Department for this Joint Election and the runoff election, if any. e) If the Elections Administrator requires additional money to perform its obligations under this Election Services Contract, then the Elections Administrator will bill each Participating Political Subdivision using the same method used to determine each Participating Political Subdivision's required deposit in "Attachment A" of this Election Services Contract ("Final Bill"). The Participating Political Subdivision shall pay the Final Bill within thirty (30) days of receipt except for any amount the Participating Political Subdivision files a timely good faith dispute under Section 17 of this Election Services Contract. After all of the expenses of this Joint Election are paid and disputes, if any, resolved, any monies that remain in the account maintained by the Dallas County Elections Department for this Election Services Contract will be refunded to the Participating Political Subdivisions (the "Refund") as soon as practicable. 11) DEPOSIT OF FUNDS a) Attachment A: Cost Audit details the cost and expenses anticipated for this election; Participating Political Subdivisions will initially receive an estimate cost audit. The Final Bill will be distributed as soon as all cost and expenses forthe election can be determined. Each Participating Political Subdivision hereby agrees to deposit with the Dallas County Elections Department either half or the full balance of money listed in "Attachment A: Deposit of Funds Detail" of this Election Services Contract by the first deposit due date of Tuesday, February 20, 2018. If the Participating Political Subdivision makes a partial initial deposit on or by February 20, 2018, a full and final deposit must be made to the Dallas County Elections Department by Friday, March 2, 2018. The Dallas County Elections Department will place the money deposited by the Participating Political Subdivisions in a Joint Election account. b) The deposit of funds by each Participating Political Subdivision is an express condition precedent to the participation of each Participating Political Subdivision in this Election Services Contract. A Participating Political Subdivision may seek an extension from the Elections Administrator as to the due date for the deposit of funds. Such an extension must be sought in writing and prior to due date for such deposit by the Participating Political Subdivision. Any decision(s) made by the Elections Administrator will be provided in writing to the Participating Political Subdivision. The Elections Administrator, however, shall not be required to grant an extension for the deposit of funds by a Participating Political Subdivision. For any Participating Political Subdivision that fails to deposit the total amounts specified in "Attachment A" by the dates specified in this Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 11 of 20 Election Services Contract or any extension granted by the Elections Administrator, the Elections Administrator will be relieved from the responsibility to perform under this Election Services Contract for such Participating Political Subdivision. c) The Elections Administrator will only draw money from this Joint Election account to pay for election expenses that are included in "Attachment A" to this Election Services Contract and for other expenses that the Participating Political Subdivisions agree to in writing. d) If a Participating Political Subdivision withdraws completely from this Joint Election by Friday, February 23, 2018, or, by Friday, March 9, 2018 for Special Elections, then the Elections Administrator will refund (as soon as practicable) that Participating Political Subdivision's deposit, less any money already expended before the withdrawal and less the general supervisory fee authorized by Section 31.100 of the Texas Election Code. In the event of a partial withdrawal from this Joint Election, deposits will not be refunded to the Participating Political Subdivisions. e) The Elections Administrator will not make partial refunds to a Participating Political Subdivision if any candidate(s) or propositions do not appear on the ballot for that Participating Political Subdivision. f) Deposits should be made out to Dallas County Elections Department and delivered within the mandatory time frame to: Toni Pippins -Poole Dallas County Elections Administrator 2377 N. Stemmons Freeway, Suite 820 Dallas, Texas 75207 In the "memo" section of check place Election Escrow Account: tl 12) RECORDS OF THE ELECTION a) The Elections Administrator is hereby appointed the general custodian of the voted ballots and all election records of this Joint Election to the extent authorized by Sections 31.094, 31.095, 31.096, and 31.097 of the Texas Election Code. b) Access to the election records will be available to each Participating Political Subdivision as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Government Code, at the Elections Department, 2377 N. Stemmons Frwy, Suite 820, Dallas, Texas, at any time during normal business hours. The Elections Administrator will ensure that the records are maintained in an orderly manner, so that records are clearly identifiable and retrievable per records storage container. However, access to election records that contain confidential information that must be redacted pursuant to federal or state law may be provided at the offices of the Civil Division of the Criminal District Attorney's Office of Dallas County, Texas at 411 Elm Street, 5t" Floor, Dallas, Texas. c) Pursuant to Section 66.058 of the Texas Election Code, the Elections Administrator will retain the election records at the Elections Administrator's main offices and Elections Warehouse for sixty (60) days after the date of this Joint Election. Sixty (60) days after Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 12 of 20 the date of this Joint Election, the Elections Administrator will arrange for transport of this Joint Election records to Dallas County Record Storage. This Joint Election's records will then become the responsibility of Dallas County Record Storage for the remainder of the twenty-two (22) month preservation period. Dallas County Record Storage will be responsible for the destruction of this Joint Election records after the preservation period. The Participating Political Subdivisions agree the Elections Administrator may destroy the records from this Joint Election after the twenty-two (22) month preservation period without further notice to the Participating Political Subdivisions, unless the events in Section 12 (d) occur. d) The Participating Political Subdivisions must notify the Elections Administrator in writing within three (3) business days after any official or employee of any Participating Political Subdivision becomes aware of any election contest in connection with this Joint Election. In accordance with Section 1.013 of the Texas Election Code, the election records must be preserved until any election contest is completed and a judgment, if any, becomes final. Also, the election records will be maintained by the Elections Administrator if there is an active criminal investigation or proceeding related to the election records until such investigation or proceeding is finally concluded. e) The Participating Political Subdivisions acknowledge and agree that the Elections Administrator reserves the right to intervene in any election contest or litigation in connection with this Joint Election in orderto preserve any available remedies at law, and to preserve the Elections Administrator's obligations under this Contract and the Texas Election Code. 13) EARLY VOTING a) Under Sections 31.094 and 271.006 of the Texas Election Code, the Participating Political Subdivisions hereby appoint the Elections Administrator to be the early voting clerk for all of the political subdivisions participating in this Joint Election. The deputy early voting clerks that will be appointed by the Elections Administrator are listed in "Attachment D." b) This sub -paragraph applies only to a joint election with no partisan candidate on any ballot. Participating Political Subdivisions may recommend people to the Elections Administrator to serve as a deputy early voting judge/clerk. If a Participating Political Subdivision recommends a person not listed in "Attachment D" and that recommendation conflicts with the recommendation from any of the other Participating Political Subdivisions involved in the election in that polling place, the Elections Administrator will conduct a drawing by lot from the recommendations to determine the deputy early voting judge/clerk. Once a person has been notified of his or her selection as deputy early voting judge or deputy early voting clerk, no changes may be made by any of the Participating Political Subdivisions. c) Any qualified voter for this Joint Election may vote early by personal appearance at the main early voting polling place or at one of the early voting branch polling places listed in Attachment B. Early voting will be conducted as follows: on Monday, April 23, 2018 through Friday, April 27, 2018, from 8:00 A.M. to 5:00 P.M.; on Saturday, April 28, 2018 Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 13 of 20 between 8:00 A.M. and 5:00 P.M.; on Sunday, April 29, 2018, between 1:00 P.M. and 6:00 P.M.; and on Monday, April 30, 2018 through Tuesday, May 1, 2018 between 7:00 A.M. and 7:00 P.M. d) All requests for early voting ballots by mail that are received by a Participating Political Subdivision must be transported by runner on the day of receipt to the Dallas County Elections Department, 8th Floor, Health and Human Service Building, 2377 N. Stemmons Frwy., Dallas, Texas 75207 for processing. Persons voting by mail must send their voted ballots to the Dallas County Elections Department. e) All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed under Subchapter A of Chapter 87 of the Texas Election Code. Each Participating Political Subdivision will appoint one member to the Early Voting Ballot Board and will prepare a list notifying DCED of the appointee's name, telephone number, mailing address, and email address, if any, no later than Friday, March 23, 2018. The Participating Political Subdivisions agree to appoint David Morris as the presiding judge of the early voting ballot board. A list of Early Voting Ballot Board members will be furnished to each Participating Political Subdivision no later than Tuesday, April 3, 2018. f) A signature verification committee will be appointed in accordance with Section 87.027 of the Texas Election Code. A list of the members of the signature verification committee will be furnished to each Participating Political Subdivision. g) The presiding judge of the Early Voting Ballot Board shall deliver notices of rejected ballots in compliance with Section 87.0431, Texas Election Code. 14) CRIMINAL BACKGROUND CHECKS The Elections Administrator, her agent or assignee will conduct a criminal background check (in accordance with statutory requirements) of any person who is expected to or scheduled to serve or work in this Joint Election. Any person that does not satisfactorily pass the criminal background check will be ineligible to serve or work in this Joint Election. Failure to obtain a criminal background check does not release the participating entity's obligation to pay for service rendered in good faith. 15) ELECTION REPORTS During the early voting period for this Joint Election, the Elections Administrator will deliver daily reports to each Participating Political Subdivision of the Early Voting Location Turnout Totals and Early Voting Roster. The day after the early voting period ends, the Elections Administrator will deliverto each Participating Political Subdivision, a Daily Early Voting Roster by precinct report that includes the entire Early Voting period. Pursuant to the Texas Election Code §87.121, the Elections Administrator will deliver these election reports by website posting, e-mail, or facsimile. 16) WITHDRAWAL FROM CONTRACT a) No deposits will be refunded after the deadline to withdraw from this Election Services Contract has passed. Election Services Contract for Joint Election on Saturday, May 5', 2018 Page 14 of 20 b) In order to withdraw from this Election Services Contract, a Participating Political Subdivision must deliver to the Elections Administrator any certifications and declarations that are required under Subchapter C or Subchapter D of Chapter 2 of Title 1 of the Texas Election Code. c) The Elections Administrator will bill any Participating Political Subdivision that withdraws from this Election Services Contract for any expenses incurred prior to the Elections Administrator receiving copies of the certifications and declarations that are required under Subchapter C or Subchapter D of Chapter 2 of Title 1 of the Texas Election Code. d) If there are any withdrawals from this Joint Election, within ten (10) business days after the deadline for Participating Political Subdivisions to make declarations under Subchapter C or Subchapter D of Chapter 2 of Title 1 of the Texas Election Code, said deadline being February 23, 2018 the Elections Administrator will amend the attachments to this Election Services Contract as appropriate and provide updated copies of the amended attachments to all of the remaining Participating Political Subdivisions. e) The general supervisory fee authorized by Section 31.100 of the Texas Election Code will not be refunded. 17) AUDITING AND PROHIBITION ON WITHHOLDING OF DEPOSITS a) The Dallas County Auditor will conduct a review of the deposits and expenditures related to this Election Services Contract before the Final Bill or Refund is submitted to the Participating Political Subdivisions. Refunds will be submitted as soon as practicable. b) The Participating Political Subdivisions may request a financial audit of the Final Bill or Refund or dispute the Final Bill or Refund under this Section, if: 1) the Final Bill exceeds ten percent (10%) of the amount of the Participating Political Subdivision's initial deposit as required in "Attachment A" to this Election Services Contract; or 2) the accounting accompanying the Refund is ten percent (10%) less than the amount the Participating Political Subdivision determines, should be refunded, after its good faith review. The request for a financial audit or dispute must be done in accordance with Section 17 (d) below. c) Should the events in Section 17 (b) occur, in lieu of an audit or dispute, the Participating Political Subdivision may make a request that the Elections Administrator ask the Dallas County Auditor to review the cost allocation methodology for the Participating Political Subdivision's Final Bill or Refund ("Review Request"). Participating Political Subdivisions must submit a Review Request to the Elections Administrator within five (5) business days of receipt of the Final Bill or the Refund, whichever is later. The Review Request must set forth, in detail, the basis for any challenge to the Final Bill or Refund. Corrections to the Participating Political Subdivision's Final Bill or the Refund, based on a Review Request, will be determined at the sole discretion of the Elections Administrator. A Review Request does not extend the timeframe in Section 17(d). d) Should the circumstances giving rise to an audit or dispute in Section 17 (b) occur, the Participating Political Subdivision may send a formal written notice of dispute of the Final Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 15 of 20 Bill or Refund ("Dispute Notice") to the Elections Administrator. This Dispute Notice must be received by the Elections Administrator no later than thirty (30) calendar days from the date the Participating Political Subdivision receives the Final Bill or Refund. This Dispute Notice must provide: 1) an itemization of the disputed charge(s) by the Participating Political Subdivision; 2) the basis for the dispute; 3) the methodology showing how the Participating Political Subdivision arrived at the amount disputed; and 4) documentation in support thereof. The Participating Political Subdivision will have no right to withhold any undisputed amounts set forth in this Election Services Contract or reflected in the Final Bill. Payment of undisputed amounts in the Final Bill must be made by the Participating Political Subdivision as set forth in Section 10 (e) of this Election Services Contract. e) Failure of the Participating Political Subdivision to submit a timely Dispute Notice, as set forth in Section 17(d), shall waive any and all disputes, claims, or challenges to the Final Bill or Refund by the Participating Political Subdivision. The entire amount of the Participating Political Subdivision's Final Bill shall be due immediately; or, any estimated refund amounts will become final. f) If the Participating Political Subdivision files a timely Dispute Notice in compliance with Section 17(d), the Participating Political Subdivision will have the right to conduct a good faith financial audit ("Financial Audit") for the deposits and expenditures related to this Elections Services Contract. In conducting the Financial Audit, the Participating Political Subdivision will have no greater right to demand access to or copies of the County's governmental or election records than those rights specified in the Texas Election Code and the Texas Public Information Act. The cost of any Financial Audit conducted by the Participating Political Subdivision shall be borne by the requesting Participating Political Subdivision and may not be paid forwith funds deposited with the Dallas County Elections Department under this Election Services Contract. Further, the Participating Political Subdivision conducting the Financial Audit shall pay the Elections Administrator the reasonable costs for time expended and copies provided in orderto perform the Financial Audit. If the Financial Audit identifies overcharges by the Elections Administrator of more than ten percent (10%) of the initial deposit amount required by "Attachment A", the Elections Administrator will review and assess the findings of the Financial Audit and will negotiate, in good faith, to resolve any disputes for overcharges with the Participating Political Subdivision. The Elections Administrator shall not be bound by the findings or recommendations of the Participating Political Subdivision's Financial Audit. The financial records will be retained at the County Election Administrator's office until the conclusion of the Financial Audit and resolution of all outstanding audit disputes. g) In the event the representatives of the Participating Political Subdivision and the Elections Administrator cannot agree on the amount of the disputed Final Bill as set forth in this Section, then the Parties may agree to submit to non-binding mediation. If mediation is acceptable to both parties to resolve a dispute concerning the disputed Final Bill, the parties will agree to use a mutually agreed-upon mediator. Unless the parties come to a written agreement at mediation, the mediation will not constitute a final and binding Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 16 of 20 resolution of the dispute. h) The Participating Political Subdivision acknowledges that the practical effect of the Participating Political Subdivision withholding undisputed funds that are required under this Election Services Contract would result in breach of this Elections Services Contract and the other Participating Political Subdivisions' taxpayers subsidizing the withholding Participating Political Subdivision's election expenses. 18) NOTICE Any addendum to, change/modification of, clarification of, and/or withdrawal from this contract requires written notice provided on the Dallas County Form, "Elections Services Contract Change Forms". Initial contract changes are due by Thursday, February 8, 2018. Whenever this Election Services Contract requires any consent, approval notice, request or demand, it must be in writing to be effective and must be delivered to the party intended to receive it as shown below: Address for notice to the Elections Administrator: Attn: Robert Heard Sr. Dallas County Assistant Elections Administrator Elections Department — 8t" Floor 2377 N. Stemmons Frwy, Suite 820 Dallas, Texas 75207 214) 819-6300 telephone 214) 819-6301 facsimile and, to the physical addresses and facsimile numbers for notice to the Participating Political Subdivisions are in "Attachment F" to this Election Services Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 19) LIABILITY FOR NEGLIGENCE Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 17 of 20 ALL PARTIES TO THIS ELECTION SERVICES CONTRACT AGREE TO BE RESPONSIBLE, IN ACCORDANCE WITH APPLICABLE STATE OR FEDERAL LAW, EACH FOR THEIR OWN NEGLIGENT ACTS OR OMISSIONS, OR OTHER TORTIOUS CONDUCT IN THE COURSE OF PERFORMANCE OF THIS CONTRACT WITHOUT WAIVING ANY SOVEREIGN IMMUNITY, GOVERNMENTAL IMMUNITY, STATUTORY IMMUNITY, OR OTHER DEFENSES AVAILABLE TO THE PARTIES UNDER FEDERAL OR STATE LAW. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, IN OR TO ANYTHIRD PERSONS OR ENTITIES. ALL PARTIES AGREE THAT ANY SUCH LIABILITY OR DAMAGES OCCURRING DURING THE PERFORMANCE OF THIS ELECTION SERVICES CONTRACT CAUSED BY THE JOINT OR COMPARATIVE NEGLIGENCE OF THE PARTIES, OR THEIR EMPLOYEES, AGENTS OR OFFICERS WILL BE DETERMINED IN ACCORDANCE WITH COMPARATIVE RESPONSIBILITY LAWS OF TEXAS, BUT ONLYTO THE EXTENT SUCH LAWS ARE APPLICABLE TO THE PARTY. TO THE EXTENT PERMITTED BY LAW, IF LEGAL ACTION IS FILED AGAINST EITHER PARTY TO THIS ELECTION SERVICES CONTRACT, EACH PARTY SHALL BE SOLELY RESPONSIBLE FOR THEIR OWN RESPECTIVE COSTS AND DEFENSE OF THAT SUIT. 20) CHOICE OF LAW This Election Services Contract will be governed and interpreted by the laws of the State of Texas. 21) VENUE AND JURISDICTION The courts of the State of Texas and the United States of America that are physically located in Dallas, Dallas County, Texas are the exclusive jurisdiction and venue for any lawsuit, cause of action, temporary restraining order, temporary injunction, injunction, petition for extraordinary relief, mandamus, or any other legal proceeding or claim arising out of the performance of this Election Services Contract. 22) SEVERABILITY If any term of this Election Services Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms of this Election Services Contract will remain in full force and effect and will in no way be affected, impaired, or invalidated. 23) ENTIRE CONTRACT This Election Services Contract, including any exhibits or attachments, contains the entire agreement between the Elections Administrator and the Participating Political Subdivisions concerning the duties required by this Election Services Contract. The Elections Administrator of Dallas County, Texas and each Participating Political Subdivision hereby expressly warrant and represent that they are not relying on any promises or agreements that are not contained in this Election Services Contract concerning any of the terms in this Election Services Contract. Except otherwise specified in this Election Services Contract, no modification, amendment, novation, renewal, or other alteration of this Election Services Contract shall be effective unless mutually Election Services Contract for Joint Election on Saturday, May 5', 2018 Page 18 of 20 agreed upon in writing and executed by the parties hereto. 24) GENDER AND HEADINGS In this Election Services Contract, words in the singular number include the plural, and those in the plural include the singular. Words of any gender also refer to any other gender. Headings in this Election Services Contract are terms of inclusion, not exclusion. 25) CONTRA PROFERENTEM The legal doctrine of contra proferentem will not apply to this Election Services Contract. Consequently, any ambiguity that may exist in this Election Services Contract will not be construed against the Party who drafted this Election Services Contract. 26) ORDER OF PRECEDENCE Any inconsistencies in this Election Services Contract will be resolved by reviewing and considering this Election Services Contract and Attachments A through G to this Election Services Contract together in context with each other. 27) SIGNATORY WARRANTY The Elections Administrator of Dallas County, Texas and all of the contracting authorities of all of the Participating Political Subdivisions listed in "Attachment F" of this Election Services Contract represent that each has the full right, power and authority to enter into and perform this Election Services Contract in accordance with all of its terms and conditions, and that the execution and delivery of this Election Services Contract has been made by authorized representatives of the Participating Political Subdivisions to validly and legally bind the Participating Political Subdivisions to all terms, performances, and provisions set forth in this Election Services Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Election Services Contract for Joint Election on Saturday, May 5t", 2018 Page 19 of 20 forth in this Election Services Contract. 28) COUNTERPARTS. This Election Services Contract may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. COUNTY ELECTIONS ADMINISTRATOR DALLAS COUNTY, TEXAS APPROVED AS TO FORM* I/4 /2of 7AME PALOMO ASSI,STANT DISTRICT ATTORNEY DALLAS COUNTY CRIMINAL ATTORNEY'S OFFICE CIVIL DIVISION By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). ACCEPTED AND AGREED TO BY THE CITY OF COPPELL: APPROVED ASiTO FORM: KXREN SEL -130 HUNT MAYOR CITY OF COPPELL Election Services Contract for Joint Election on Saturday, May 5th, 2018 Page 19 of 19 tillil,,T;' EEi:TT;j}a5 2iit8 APR {I2 0_ 35 PM PEi=:EitEF; DALLAS Poll Location Info May 5, 2018 Joint Election Cities and Schools ESTIMATED COST SUBJECT TO CHANGE Based Apon 50 Early Voting Locations Based Apon 39 entities participating ATTACHMENT A Location Splits Total Split by 1 116.00 Split by 2 262.00 Split by 3 95.00 Split by 4 35.00 Split by 5 0.00 Split by 6 0.00 Split by 7 0.00 Total Splits 510.00 Total Units 293.67 Cost per Poll (without ESF) 6,241.11 Subtotal 1,832,805.15 of Units 100% Tntn I Election Total 1,832,805.15 Exceptional Cost to be determined 0.00 Election Services Fee (AKA ESF) 10% of Election Total 183,280.51 Total Cost 2,016,085.66 Actual Unit Cost (with ESF) 6,865.22 OND71'oslt K ` O OQ:: 2013 Legal Notice Newspaper listing of Polling Locations 10,000.00 2170 Rejected / Incomplete mail 45 $1.89 85.05 2170 Postage for Mailed Ballots 15,000 $1.42 21,300.00 2170 Postage for Returned Mailed Ballots 8,000 $1.20 9,600.00 2170 Postage for NON -Returned Mailed Ballots 7,000 $1.20 8,400.00 2180 Mail ballot kit 15,000 $2.00 30,000.00 7030 Furniture Rental Various EV Locations 1,500.00 7040 Voting Booths 50 $30.00 1,500.00 7040 Touch Screen/iVotronics 7 /loc. 350 $250.00 87,500.00 7040 ADA Voter Terminals 1 per loc 50 $300.00 15,000.00 7040 Communication Pack 1 per loc 50 $50.00 2,500.00 7040 Computer Rental Count 3 per loc 150 $400.00 60,000.00 7040 Provisional Ballot Bags 50 $5.00 250.00 7050 Van Rental\Car Rental 9 Vehicles for Tech and Route Usage and 2 Trucks for Delivery of Equipment 4,500.00 7211 Sprint/Frontier landline charges) Use of Service During EV Election Period 4,000.00 7213 Hot Spots 50 $35.00 1,750.00 70:10;Rental/Custodial Char es Various Locations 15,000.00 50ntral Count Full Time Staff Over Time 3 Staff @12days @Various hours @Various Pay Rates 1,500.00 1050 Election Clerks Over Time) 150 Clerks @56 Hours $15.54 /h 130,536.00 1050 Election Judges Over Time) 50 Judges @56 Hours $20.12 p/h 56,336.00 1050 Election Part -Time Regular Over Time Various Part -Timers @Various Hours @Various Pay Rates 1,500.00 1050 Elections Full Time Staff Over Time Various Staff @Various Das @Various Hours @Various 7,500.00 1050 EV Mail Part -Time Clerks Over Time Various Clerks @Various Das @Various Hours @Various 4,000.00 1050 EV Full Time Mail Supervisor Over Time 1 Staff @Various Hours 29.66p/h 1,800.00 1050 EV Techs Over Time 6 Techs @Various Hours @Various Pay Rates 3,000.00 1050 Security -Branch Locations 9 Security Staff @Various Hours @Various Pay Rates 1,000.00 1050 Election Full Time Warehouse Staff (Over Time) 5 Staff @Various Hours @Various Pay Rates 10,000.00 1050 Warehouse Part -Timers Over Time Various Part -Timers @Various Hours @Various Pay Rates 3,000.00 1060 Canvass Committee (Ballot Board & Signature Verification) Approximately 15 people @Various Hours @ Various Pay Rates 9,000.00 1060 Early Voting Clerks (Includes Training) 150 Clerks @80 $10.36 p/h + 8 Hours Training 130,950.40 1060 Early Voting Judges Includes Training) 50 Judges @80 $13.41 p/h + 8 Hours Training 56,429.28 1060 Election Department Part -Timers (Straight Time) Various Part -Timers @Various Hours @Various Pay Rates 6,000.00 1060 EV Judges Delivery AKA Can Mone 50 $25.00 1,250.00 1060 Mail Workers / PA Workers Part -Timers (Straight Time Various Part -Timers @30 Days @ Various Pay Rates 17,000.00 1060 Supervisors / Ballot Board & Signature Verify 2 Supervisors @12 Das ea. @Various Hours @Various 1,500.00 1060 EV Techs (Straight Time 6 Techs @Various Hours @Various Pay Rates 7,500.00 1111 Social Security Char eback 6.2% 5,500.00 1112 Medicare 1.45% 3,000.00 1113 PARS 1.3% 1,500.00 1150 Retirement Charge Back 10% 8,000.00 5590 Tem orary Service (Early Voting as needed Ad -A -Staff 15,000.00 2880 Voted Stamps 300 $1.05 315.00 2180 Balotar Ballots for Absentee Mail 17" Two sided ES&S) 15,000 $0.45 6,750.00 2180 Provisional Ballots In Person (ES&S) 60,000 $0.09 5,400.00 2180 Personal Appearance Labels 2 per voter 54,312 $0.10 5,431.20 2180 Judge Kits 50 $80.00 4,000.00 2180 Sample Ballots hand out for voters 8.5/11 in. double sided color paper (AC Printing) 1,300 $0.66 858.00 2180 Sample Ballots Large for Posting 11/17in. Single side color paper (AC Printing) 10 $0.61 6.10 2180 Ballot List for Early Voting Locations 8.5/11 in. Double sided white paper (AC Printing) 300 $1.430 429.00 2180 List of Declared Write -In for EV 0 $0.027 0.00 2180 ADA Quick Operations Guide 8.5/11 in. Double sided color co (DCED) 50 $0.870 43.50 2880 Supplies for Early Voting Misc./Forms/Binders 1,500.00 5590 ES&S Project Management 1 66,000.00 66,000.00 5590 ES&S Ballot Layout and Coding assistance and overseeing 1 16,500.00 16,500.00 5590 ES&S Pre Election Mock Election (3 days On - Site Simulation of Election Day with 1 ES&S Support Team) 1 4,950.00 4,950.00 5590 ES&S lVotronic Early Support 1 1,650.00 1,650.00 5590 ES&S ADA Sound Wave Card Programming 1 8,000.00 8,000.00 5590 S anish Translation 0.00 2910 Earl Voting Equipment Delivery and Picki 50 s45.00 2,250.00 10 W rWarehouse /Elections Mileage 0.565 0.00 34095 M , a, Mileage for Runners/Gas Tech Cars and Trucks 2,200.00 EARLY VOTING TOTAL 1 881,969.53 Fyn I Code :ELECTION DAY _ I Units qF Cost Per Unit Estimated 1 EQUIPMENT RENTAL 7030 Furniture Rental Central Count Station/Various PollingLocations $1,700.00 7040 Precinct Counter 1 /loc. 288 $468.00 134,784.00 7040 Voting Booths 5 /loc. 1,440 $30.00 43,200.00 7040 ADA Voter Terminals 288 $300.00 86,400.00 7040 Laptop 288 $75.00 21,600.00 7040 Provisional Bas 288 $5.00 1,440.00 7040 Election Supply Carts 288 $199.80 57,542.40 7040 Regional Site Com uter Setup 10 $150.00 1,500.00 7050 Truck Rental/Van Rental Runners /Regional Sites 7,000.00 7211 Phone Lines/Bulletin Board/Internet access RENTAL BUILDINGS 7010 Location Rental Election Cell phones for Tech's and department various polling locations 5,000.00 T $35,000.00 7010 Custodial Charges PERSONNEL 1020 Election Department Full Time Staff (Straight Time) various polling locations Includes VR WH and Admin 60,000.00 3,000.00 1020 Dallas County Employees (Straight Time Election Day @ Regional Sites 2,000.00 1020 Traffic Control Officers Election Night & Supply Pickup 6,500.00 1020 Regional Site Support Election Night & Supply Pickup 14,000.00 1020 Phone Bank Election Da 2,500.00 1020 Techs 19 Election Da 7,500.00 1020 Deli ery of Election Returns 288 Judges @ $25.00 per delivery 7,200.00 1020 Election Day Judges 288 Judges @ 14 hours @ $11.00 p/h 44,352.00 1020 Election Day Clerks Approximately 865 Clerks @ 14 Hours @ $10.00 p/h 121,100.00 1020 Central Count Staff (Straight Time Election Da 500.00 1020 Emergency Response Personnel Election Da - Judges and Clerks 6,000.00 1050 Central Count Staff Over Time Various Staff @Various Das @Various Hours @Various 1,000.00 1050 Dallas County Employees Over Time Election Day @ Regional Sites 1,500.00 1050 Election Department Full Time Staff (Over Time) Various Staff @Various Days @Various Hours @Various Pay Rates 21,000.00 1050 Election Part -Time Regular Admin. (Over Time) Various Staff @Various Days @Various Hours @Various Pay Rates 1,000.00 1050 Sheriffs Deputies Various Deputies @18 Hours @Various Pay Rates 21,000.00 1050 Election Warehouse Full Time Staff (Over Time) Various Staff @Various Days @Various Hours @Various Pay Rates 10,000.00 1050 Warehouse Part -Timers Over Time 6 Part -Timers @Various Hours @ $15.54 p/h 5,200.00 1060 Warehouse Part -Timers (Straight Time 6 Part -Timers @Various Hours @ $10.36 p/h 10,000.00 1111 Social Security Char eback 6.2% 5,000.00 1112 Medicare 1.45% 1,000.00 1113 PARS 1.3% 50.00 1150 Retirement Charge Back 10% 9,000.00 5590 Tem ora Service MILEAGE w _____ Milea _____a/G__— 1080 Warehouse as ED Corner Stone & Ad -A -Staff 1.11_ _ _ _. _ _ ; __ 0.575 15,000.00 0.00 1080 1 Mileage for Deputies 3,600 $0.575 2,070.00 3095 Gas SERVICE EXPENSE 5590 ES& S Support/Consulting Tech Cars and Trucks 1 $24,750.00 1,300.00 24,750.00 5590 ES S L and A Testing 1 person 2 days 1 3,300.00 3,300.00 5590 ROBIS (E POSTAGE I SERVICE EXPENSE 2180 Poll location letters Judge/Alt judge letters (NDSI) 1 2 Persons Tech Team Approximately 576 letters and response cards 4,000.00 2180 Polling location Change Cards NDSI Various Locations w/ Various Voters 8,000.00 2170 Election Pa checks 1,400 $0.50 PREPARATION & TRANSPORTATION OF VOTING EQUIPMENT 2910 Election Day Equipment Delivery and Pickup 35 $45.00 Election Department Specials) 700.00 1,575.00 2910 Election Day Equipment Delivery and Pickup - Atlantic 288 72.00 20,736.00 SUPPLY EXPENSE' 2880 Voted Stamps 1,200 1.05 1,260.00 2180 Official Optical Scan Ballots 14" 1 sided (ES&S) 300,000 0.2100 63,000.00 2180 Test Ballots 14" 1 sided (ES&S) 8,380 0.2100 1,759.80 2180 Pre -Marked Test Ballots 14" 1 sided & additional training ballots (ES&S) 10,000 0.2100 33239.46 2180 Official Ballot & Seal Certificate (ES&S) 828 3.40 2,811.06 2180 Blank Ballot & Seal Certificate (ES&S) 0 3.40 0.00 2180 Provisional Ballot Seal (ES&S) 828 3.40 2,811.06 2180 ADA Ballot & Seal Certificate (ES&S) 289 3.40 981.16 2180 Provisional Ballots (ES&S) 24,840 0.09 2,235.60 2180 Sample Ballots 2 per precinct 1 sided ballot ES&S) 3,312 0.09 298.08 2180 AC Printing Expense Election and Training Packets 6,000.00 2180 Jud a Kits 288 1 $80.00 23,040.00 2880 Sup lies _ ELECTIONDAY TOTAL v _ _ __ _ __ __ ...__ Misc. (as needed) I$95Q835.62 1,000.00 MEMO April 25, 2018 To: Through: From: Re: Christel Pettions, Deputy City Secretary, COCp Toni Pippins -Poole, Elections Administrator -CERA Robert Heard, Assistant Elections Administrator May 05, 2018 Joint Election Cost Update The following participating subdivisions ("Entities") have withdrawn completely from the above referenced election: City of Seagoville; Cedar Hill ISD; Duncanville ISD; Garland ISD; Richardson ISD; Sunnyvale ISD; and D. C. Park Cities MUD. The following entities have also partially withdrawn from the election: Dallas ISD; City of DeSoto; DCCCD and City of Irving. Due to these material changes in participants (cancellations), your initially estimated cost for this election will be affected accordingly. We now estimate your adjusted election cost to be $8,968.69 to cover your share of the elections expense. As of 04/25/2018 we have received a payment of $6,865.22. Dallas County Elections Department understands that your entity has or may have already prepared or sent payments based on the initial cost estimate of $6,865.22. This notice is simply to inform you of the new estimated cost so that you can plan accordingly based on final cost audit. It is not necessary for you to adjust your initial requested deposit amount at this time. Should you have any questions regarding this information, do not hesitate to contact me at (214) 819-6334. C Ce Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-3954 File ID: Type: Status: 2018-3954 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 05/23/2018File Created: Final Action: Work SessionFile Name: Title: A.Discussion regarding the contracting, bidding and engineering requirements for construction projects. B.Discussion related to contracting and purchasing co-ops. C.Discussion regarding 2018-2019 Service Organizations. D.Discussion regarding short term rentals. E.Discussion related to the Coppell 2040 process. F.Discussion regarding Council Committees. Notes: Agenda Date: 05/29/2018 Agenda Number: Sponsors: Enactment Date: Service Organization Memo.pdf, Service Organization Funding Requests 2019.pdf, Council Memo and DRAFT Short Term Rental Ordinance.pdf, 2040ProcessMemo.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 05/29/2018City Council Text of Legislative File 2018-3954 Title A.Discussion regarding the contracting, bidding and engineering requirements for construction projects. B.Discussion related to contracting and purchasing co-ops. C.Discussion regarding 2018-2019 Service Organizations. D.Discussion regarding short term rentals. E.Discussion related to the Coppell 2040 process. Page 1City of Coppell, Texas Printed on 5/25/2018 Master Continued (2018-3954) F.Discussion regarding Council Committees. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/25/2018 1 MEMORANDUM To: Mayor and City Council From: Cayce Lay, Budget Officer Date: May 29, 2018 Reference: Discussion Related to the Service Organization Funding Requests 2030: Community Wellness and Enrichment Introduction: The City of Coppell has historically included funding for non-profit organizations in its annual operating budget. Organizations granted funding must be a qualifying 501(c)(3) entity, must provide a social or cultural service not provided by the City, and must benefit Coppell citizens. Applications are accepted annually, during the month of April. Organizations are selected to present during the first budget workshop in July. In 2016, Council formed a subcommittee to address the process. A memo dated August 30, 2016, included a provision to review requests during a work session prior to the scheduled workshop. Analysis: Eleven organizations submitted applications to be considered. Based on the criteria listed in the memo from the subcommittee, the following organizations would make a presentation during the budget workshop: • Christian Community Action • Coppell Arts Council • Coppell Chamber of Commerce • Coppell Community Orchestra • Coppell Family YMCA • Metrocrest Services These organizations are either first time applicants, current recipients requesting over $10,000, and current recipients requesting an increase over their current allocation. 2 Legal Review: None required at this time. Fiscal Impact: No direct fiscal impact at this time. Recommendation: This Work Session Item is to determine which, if any, of the organizations would need to make a presentation during the scheduled budget workshop. It is staff’s recommendation that only the first time applicants and current recipients requesting an increase present. Service Organizations Funding RequestsAllocated Allocated Allocated Requested ApprovedOrganization15-16 16-17 17-18 18-19 18-19 NotesBallet Ensemble of Texas 5,000 5,000 5,000 5,000Last presented 07-2016Children's Advocacy Center/ Denton County 10,000 4,653 6,659 6,659Last presented 07-2014Christian Community Action 10,000 12,500 15,000 15,000Last presented 07-2017Coppell Arts Council 0 0 0 21,600New requestCoppell Chamber of Commerce 45,500 35,500 35,500 35,500Last presented 07-2017; Granted $35,500 with a $10,000 option for building in FY16Coppell Community Chorale 0 0 10,000 0Last requested 5,000 in FY13 & was denied; presented in 07-2017; granted 7,500 + 2,500 fundraising matchCoppell Community Orchestra 0 0 0 10,000New requestCoppell High School Band Boosters 30,000 0 0 0One time request FY16Coppell Historical Society 10,000 10,000 10,000 10,000Last presented 07-2014Coppell Special Olympics 0 5,000 0 0One time request FY17Metrocrest Community Clinic 5,000 5,000 5,000 5,000Last presented 07-2015Metrocrest Services 90,000 90,000 90,000 90,000Last presented 07-2015The Family Place 5,000 5,000 5,000 5,000Last presented 07-2017YMCA 5,000 10,000 10,000 15,000Last presented 07-2016Total 215,500 182,653 192,159 218,759 0Presentation Guidelines (per 8/30/16 memo)Previously approved groups requesting over $10,000Previously approved groups requesting an increaseNew applicants will be reviewed during a work session and potentially invited to present at workshop 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: May 29, 2018 Reference: Discussion on Proposed Ordinance for Short Term-Rentals (STR’s) 2030: Sense of Community, Special Place to Live Executive Summary: The purpose and intent of a Short-Term Rental regulations in the City of Coppell is to provide the balance of the desires of owner occupants to share their home, on an intermittent basis, and the protection for the neighboring properties. In sum, the proposed regulations will:  require the STR to be the primary residence,  limit the number of guests, and  limit their parking. Introduction: On May 8th Staff presented a summary of the proposed solutions to concerns expressed by various citizens by providing regulations for Short Term Rentals in the City of Coppell, which in part to include: • Purpose, applicability and definition; • Registration requirements and fees; • Inspection requirements and safety features; • Operational restrictions and requirements, and provide for the • Collection of Hotel Occupancy Tax. Staff briefed City Council on national, state and local trends in regulations on Short-Term Rentals on April 10th, and summarized the various options, ranging from prohibition, no regulations, to actual licensing of STR’s. It was also discussed that regulations of Short-Term Rentals need to be enforceable and provide clarity in the rules and regulations both for the property owner and the enforcement personnel. Council provided guidance to staff to study the San Marcos model, which requires registration, limits to primary residence only, and includes various operational regulations. Analysis: Attached is the proposed ordinance to be added as a new article to the Coppell Code of Ordinances. If acceptable, staff will bring the final Ordinance for adoption on June 12th . After the passage of this ordinance, the implementation and on-going monitoring will require collective efforts between existing Community Development staff and a 3rd party consultant. The 3rd party consultant will provide the technical expertise to search the 100+ platforms used to advertise short-term rentals and provide reports 2 to the city. Once verified, the property owners will be notified of ordinance requirements and compliance procedures, fees and time frames for registration and violations. The following is the initial implementation plan.  The 3rd party consultant will perform an internet search of Short Term Rental locations in Coppell and submit the addresses and evidence to the City.  Staff will determine if addresses appear to be the owner’s primary residence.  Courtesy letters will be sent to STR owners, either telling them to register or to cease advertising their houses as rentals if they aren’t their primary residence.  Owners will have a set time frame to come to Community Development to submit a registration form, site plan/survey of the property, proof of primary residency, and pay the registration fee. Upon registering and paying fees, they will schedule a property inspection. Permit expiration will be set at one year.  Once the permit is issued, all property owners within 100 feet of the STR will be notified that the permit has been issued with relevant information on the STR provisions and contact information.  If STR owners fail to comply within the given time frame, the City will initiate a Code violation case and issue an official notice of violation. Owners who register after that point will be charged a higher fee. Owners who fail to comply may be issued citations.  The 3rd party consultant will perform ongoing monitoring and provide the city weekly reports.  Properties that fail to comply, whether they are a non-primary residence that is ineligible to be an STR, or they simply fail to register, will be pursued like any other Code Compliance violation.  The 3rd party consultant will host a 24-hour hotline for complaints. If an incident is reported that requires attention, they will contact the local contact person. The hotline number will be posted on the City’s website.  Registered properties that have three substantiated complaints for rule violations, as determined by the Building Official, may have their registration revoked for a period of time (such as noise/parties, failure to respond to disturbances or take responsibility for occupants, or advertising or allowing the property to be used for anything other than dwelling/accommodations). Legal Review: City Attorney reviewed this proposed Ordinance. Fiscal Impact: None Recommendation: The Community Development Department approval of this ordinance and engaging a 3rd party to assist in the data gathering, property identification and notification of property owners to allow for the implementation of this ordinance. Attachments: Proposed ARTICLE 9-29, SHORT TERM RENTALS   1  DRAFT  5/29/18 City Council  AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY ADDING ARTICLE 9-29, SHORT TERM RENTALS; AND TO AMEND ARTICLE 1- 14. – HOTEL OCCUPANCY TAX; PROVIDING FOR REGULATIONS FOR THE REGISTRATION AND USE OF HOME SHARE RENTALS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE. WHEREAS, the City Council has determined that regulations are needed to address regulations for Short Term Rentals, and WHEREAS, the operation of Short Term Rentals should not negatively affect property values, and WHEREAS, the Short Term Rentals should be required to pay Hotel Occupancy Taxes, and WHEREAS, the City Council has determined that regulations needed are intended to protect the public health, safety, morals and general welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 9, General Regulations, of the Code of Ordinances is hereby amended by adding Article 9-29, Short Term Rentals, which shall read as follows: “CHAPTER 9, GENERAL REGULATIONS ….. ARTICLE 9-29 SHORT TERM RENTAL     “Sec 9-29-1 - Purpose and applicability. The purpose of this division is to establish regulations for the registration and use of Short Term Rentals for single family living units. The requirements of this division apply only to Short Term Rentals located in residential and historic zoning districts established under the city's Zoning Ordinance, Chapter 12 of Code of Ordinances. Nothing in this division, however, shall be construed to be a waiver of the requirement to assess and collect hotel occupancy taxes for any WHEREAS, permanent residents desire the option to occasionally utilize their properties for home share rentals, and   2  DRAFT  5/29/18 City Council  residential rental for less than 30 consecutive days, or any other applicable provision of the Coppell Code of Ordinances. Sec 9-29-2 – Definitions Advertise means the written, audio, oral or other methods of drawing the public’s attention to a Short Term Rental in order to promote the availability of the short term rental. Hotel Occupancy Tax means the hotel occupancy tax as defined in Chapter 1 the Coppell Code of Ordinances and Chapter 3 of the Texas Tax Code. Local Emergency Contact means an individual other than the applicant, who resides within 20 miles of the subject property, and who is designated by the owner to act as the owner’s authorized agent if the owner has traveled outside of the immediate area or is otherwise unavailable. The local emergency contact should reachable on a 24-hour basis, have access to the Short Term Rental Property, and be authorized by the owner to act in the owners absence to address any complaints, disturbances, and emergencies. Owner means any person, agent, operator, firm, trust, corporation, limited liability company, partnership or business organization having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or code official of the estate of such person if ordered to take possession of real property by a court. Primary Residence means the usual dwelling place of the owner of a residential dwelling and is documented as such by at least two of the following: motor vehicle registration, driver' s license, Texas State Identification card, voter registration, property tax documents, or utility bill. For purposes of this chapter, a person may have only one primary residence. Short Term Rental (STR) is defined as “the rental of any residence or residential structure, or a portion of a residence or residential structure for a period of less than 30 days”. The term does not include: a) a unit that is used for a nonresidential purpose, including an educational, health care, retail, restaurant, banquet space, or event center purpose or another similar use; b) a bed and breakfast; or c) a hotel/residence hotel.   3  DRAFT  5/29/18 City Council  Residential districts: Includes the following districts: SF-ED, SF-18, SF-12, SF-9, SF-7, 2F- 9, TH-1, TH-2, RBN or any Planned Development District defined as a residential use in Chapter 12 of the Code of Ordinances. Sec 9-29-3 - Short Term rental registration requirements. a) No person shall hereafter advertise, offer to rent or rent, lease, sublease, license or sublicense a residential property within the City as a Short Term Rental for which a registration has not been properly made and filed with the Community Development Department of the City. Registration shall be made upon forms furnished by the City for such purpose and shall specifically require the following minimum information: 1) Name, address, phone number and e-mail address of the property owner of the Short Term Rental property. 2) Verification of that this Short Term rental property is the applicant’s Primary Residence. 3) Name, address, phone number and e-mail address of the designated Local Emergency Contact. 4) The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with Sec 9-29-5 b). 5) A submission of a sketch floor plan of the dwelling with dimensioned room layout. 6) Site Plan/Survey of the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto street, sidewalks or alleys. Sec 9-29-4 - Inspection Required a. Upon registration, and prior to the first rental occupant of a home share rental property, the owner is required to schedule a Short-Term Rental Registration Inspection of the home with the City of Coppell Community Development Department to determine   4  DRAFT  5/29/18 City Council  compliance with the minimum property standards in Article 15-14 of the Coppell Code of Ordinances. 1) If only a portion of the premises is offered for rent, then that portion plus shared amenities and points of access shall be inspected. 2) If, upon completion of the inspection, the premises are found to be in violation of one or more provisions of applicable City codes and ordinances, the City shall provide written notice of such violation and shall set a re-inspection date for violation to be corrected. Sec. 9-29-5. - Restrictions on Short Term Rentals. a) External Signage. There shall be no external on-site or off-site advertising signs or displays indicating the property is s Short Term Rental. b) Limit on occupants allowed. No more than two adult guests per bedroom, plus no more than two additional adults shall be allowed when renting a property as a home share rental, except that: (1) There shall be a maximum occupancy of ten (10) persons, adult and children. (2) Bedrooms under 120 square feet shall be limited to only adult one occupant. c) Limits on number of vehicles. There shall be a maximum of one car per bedroom, or maximum number of cars that can be accommodated within the garage and driveway, without extending over the public rights of way (alleys and sidewalks) whichever is less. d) Advertisement and contracts. Any advertisement of the property (offline or online) and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles. e) Other restrictions. It is unlawful: 1) To operate or allow to be operated a Short Term Rental without first registering the property in which the rental is to occur with the City in accordance with this article; 2) To advertise or offer a Short Term Rental without first registering the property in which the rental is to occur with the City in accordance with this article;   5  DRAFT  5/29/18 City Council  documented advertisement of the subject property as a Short Term Rental, online or offline, shall be considered evidence of a violation of this ordinance; 3) To operate a Short Term Rental in any location that is not the registrant's primary residence; 4) To operate a Short Term Rental that does not comply with all applicable city and state laws and codes; 5) To operate a Short Term Rental without paying the required hotel occupancy taxes; 6) To offer or allow the use of a Short Term Rental for the sole or primary purpose of having a party venue; 7) To fail to include a written prohibition against the use of a Short Term Rental for having a party in every advertisement, listing, or other publication offering the premises for rent. 8) Permit the use of the Short Term Rental for the purpose of: housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Alcoholic Beverage Code; or operating as a sexually oriented business.   Sec. 9-29-6 - Brochure and safety features. a) Informational brochure. Each registrant operating a Short Term Rental shall provide to guests a brochure that includes: 1) The registrant's contact information; 2) A local responsible party's contact information if the property owner is not within the city limits when guests are renting the premises; 3) Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; 4) Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone   6  DRAFT  5/29/18 City Council  numbers for police, fire and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. b) Safety features. Each Short Term Rental registrant shall provide in the premises working smoke detectors in accordance with adopted codes and at least one working carbon monoxide detector and alarm, and one working fire extinguisher. The premises shall, otherwise comply with applicable Codes of Ordinance including but not limited to Building and Fire Codes.   Sec. 9-29-7 – Notification of Approval of Short Term Rental a) Within ten (10) days of the approval of a Short Term Rental, a notice will be sent to all property owners within one-hundred feet (100 ft.) of the property, and shall include the twenty-four (24) hour complaint line, and pertinent information about this Ordinance.    Sec. 9-29-8 - Registration term, fees, and renewal. a) All registrations approved under this Chapter shall be valid for a period of one year from the date of its issuance. 1) The fees for registration of a Short Term Rentals shall be as established by resolution of the City Council and may include the following: a. The initial registration fee, and b. a late fee of twice the established the fee. b) Upon receipt of an application for renewal of the registration, the director or their designee may deny the renewal if there is reasonable cause to believe that: 1) The registrant has violated any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or 2) There are grounds for suspension, revocation, or other registration sanction as provided in this article.   7  DRAFT  5/29/18 City Council  Sec. 9-29-9 – Violations and Penalties a) Violation of this ordinance upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. Sec. 9-29-10- Sunset Review The provisions of this Chapter pertaining to Short Term Rentals shall be reviewed by the city council within one year of adoption of this Ordinance. Those provisions are subject to amendment or repeal upon such review or at any other time. The adoption of the Short Term Rental provisions of this Chapter shall not be construed to create any enforceable right to the continuation of home share rentals or any right to compensation for loss, damages, costs, or expenses alleged to have been incurred in reliance upon its adoption or suffered as a result its repeal. SECTION 2. That Chapter 1, Administration, Article 14 – Hotel Occupancy Tax of the Code of Ordinances is hereby amended as follows: Sec. 1-14-1. – Definitions – add Consideration …. Short Term Rental/Short Term Rental (HSR/STR) is defined as “the rental of any residence or residential structure, or a portion of a residence or residential structure for a period of less than 30 days” Hotel …   8  DRAFT  5/29/18 City Council  Sec. 1-14-2. - Tax imposed – be amended to read: There is hereby levied a tax upon the cost of occupant of any sleeping room furnished by any hotel and Short Term Rentals where the cost of occupancy is at the rate of $2.00 or more per day, such tax to be equal to seven percent of the consideration paid by the occupant of such sleeping room to the hotel Short Term Rentals, exclusive of other occupancy taxes imposed by other governmental agencies. Sec. 1-14-4. - Collection of tax - be amended to read: Every person owning, operating, managing or controlling any hotel and Short Term Rentals in the city shall collect the tax imposed by this article for the city. SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, 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 ___________________, 2018.   9  DRAFT  5/29/18 City Council  APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY        10  DRAFT  5/29/18 City Council  AN ORDINANCE OF THE CITY OF COPPELL, TEXAS    AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY ADDING ARTICLE 9-29, SHORT TERM RENTALS; AND TO AMEND ARTICLE 1-14. – HOTEL OCCUPANCY TAX; PROVIDING FOR REGULATIONS FOR THE REGISTRATION AND USE OF HOME SHARE RENTALS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE.     DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2018. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY     1 MEMORANDUM To: Mayor and City Council Through: Mike Land, City Manager From: Traci E. Leach, Deputy City Manager Date: May 29, 2018 Reference: Vision 2040 Process Update 2030: Introduction: The City has engaged Future iQ to assist in the facilitation of the community engagement for the Vision 2040 process. This process has been designed to be community driven and will engage as many members of the community as possible. The methodology and approach will be very different from what the community experienced during the development of the 2030 plan. Staff will be presenting information about this process and will be prepared to answer any questions that the Council might have. Analysis: None. Legal: None. Fiscal Impact: None at this time. Recommendation:. No formal action required of the Council at this time.