CP 2018-10-23City Council
City of Coppell, Texas
Meeting Agenda
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, October 23, 2018
KAREN HUNT CLIFF LONG
Mayor Mayor Pro Tem
BRIANNA HINOJOSA-SMITH NANCY YINGLING
Place 2 Place 5
WES MAYS BIJU MATHEW
Place 3 Place 6
GARY RODEN MARK HILL
Place 4 Place 7
MIKE LAND
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately
thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E.
Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
1.Call to Order
2.Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.087, Texas Government Code - Economic Development Negotiations.
Discussion regarding economic development prospects north of Airline
and west of Denton Tap.
3.Work Session (Open to the Public) 1st Floor Conference Room
Page 1 City of Coppell, Texas Printed on 10/19/2018
October 23, 2018City Council Meeting Agenda
A.Discussion regarding the upcoming 86th Regular Legislative Agenda.
B.Discussion regarding Celebrate Coppell Plans for 2019.
C.Discussion regarding the Rolling Oaks Memorial Center Expansion
Project.
D.Discussion regarding City Manager Project Updates.
E.Discussion of Agenda Items.
2019 Legislative Agenda Memo.pdf
2019 Legislative Agenda Talking Points.pdf
Celebrate 2019 Memo.pdf
ROMC Expansion Memo.pdf
Quarterly Project Update.pdf
Attachments:
Regular Session (Open to the Public)
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Consider approval of a proclamation naming October 23, 2018, as “Arbor
Day;” and authorizing the Mayor to sign.
Proclamation.pdfAttachments:
7.Consider approval of a proclamation naming the week of November 5-9,
2018, as “Municipal Court Week,” and authorizing the Mayor to sign.
2018_MCW_Proclamation.pdfAttachments:
8.Consider approval of a proclamation naming November 24, 2018, as
“Small Business Saturday;” and authorizing the Mayor to sign.
Coppell Small Business 2018 Proclamation.pdfAttachments:
9.Report by the Coppell Farmers’ Market and Community Garden.
10.Citizens’ Appearance
11.Consent Agenda
A.Consider approval of the minutes: October 9, 2018.
CM 2018-10-09.pdfAttachments:
B.Consider approval of an Agreement with Marathon Health for Near-Site
Health and Wellness Clinic services for a three (3) year period with the
option to renew for two additional, one year periods; in the amount of
$200,173 as budgeted; and authorizing the City Manager to execute all
necessary paperwork.
Page 2 City of Coppell, Texas Printed on 10/19/2018
October 23, 2018City Council Meeting Agenda
Marathon Memo.pdf
Marathon Agreement.pdf
Attachments:
C.Consider approval of the Coppell Community Garden Management
Agreement, as budgeted; and authorizing the City Manager to sign the
necessary documents.
Memo.pdf
Agreement.pdf
Attachments:
D.Consider approval of award of a professional services agreement with
MKEC Engineering, Inc., in the amount of $591,580.00; as provided for in
the bond proceeds; to develop plans and specifications for the Rolling
Oaks Memorial Center Expansion Project; and authorizing the City
Manager to sign all necessary documents.
Memo.pdf
Agreement.pdf
Site Plan.pdf
Attachments:
E.Consider approval of a contract with Kleinfelder, Inc. to provide materials
engineering and testing services for the Coppell Arts Center construction
project, in an amount of $93,275.00, as provided for in the bond proceeds;
and authorize the City Manager to sign all necessary documents.
1 Art Center-Kleinfelder Contract Memo.pdf
2 Kleinfelder Agreement.pdf
Attachments:
F.Consider approval of award RFB# Q-1019-02 for the Fire Department
clothing contracts with Five Star Embroidery and Gall’s, with an annual
purchase amount of $75,355.00; as budgeted; and authorizing the City
Manager to sign.
Staff Memo-FD Clothing Contracts.pdf
2018 RFB Fire Department Clothing Contract.pdf
Total Vendor Amounts per Specs.pdf
Attachments:
End of Consent Agenda
12.Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 220 N. Freeport
Parkway in Coppell, Texas, and authorizing the Mayor to sign.
Norwex FTZ 2018 - Resolution Memo.pdf
Norwex FTZ 2018 - Letter.pdf
Attachments:
13.Report on the Water and Sewer Fund and Advanced Water Meter Project
Update.
Water Sewer Report and Meter Project Update.pdfAttachments:
Page 3 City of Coppell, Texas Printed on 10/19/2018
October 23, 2018City Council Meeting Agenda
14.City Manager Reports - Project Updates and Future Agendas
15.Mayor and Council Reports
Report by Mayor Hunt regarding Fall events.
16.Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A.CFBISD/LISD Liaison - Councilmembers Hill and Hinojosa-Smith
B.CISD Liaison - Councilmember Hinojosa-Smith
C.Coppell Seniors - Councilmembers Roden and Yingling
17.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
18.Necessary Action from Executive Session
Adjournment
________________________
Karen Selbo Hunt, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 19th day of October, 2018, at _____________.
______________________________
Christel Pettinos, City Secretary
Page 4 City of Coppell, Texas Printed on 10/19/2018
October 23, 2018City Council Meeting Agenda
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 Kori Konon, 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 5 City of Coppell, Texas Printed on 10/19/2018
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4221
File ID: Type: Status: 2018-4221 Agenda Item Executive Session
1Version: Reference: In Control: City Council
10/15/2018File Created:
Final Action: exec sessionFile Name:
Title: Discussion regarding economic development prospects north of Airline and
west of Denton Tap.
Notes:
Agenda Date: 10/23/2018
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 10/23/2018City Council
Text of Legislative File 2018-4221
Title
Discussion regarding economic development prospects north of Airline and west of Denton
Tap.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4221)
Business Prosperity
Page 2City of Coppell, Texas Printed on 10/19/2018
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4230
File ID: Type: Status: 2018-4230 Agenda Item Work Session
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: Work SessionFile Name:
Title: A.Discussion regarding the upcoming 86th Regular Legislative Agenda.
B.Discussion regarding Celebrate Coppell Plans for 2019.
C.Discussion regarding the Rolling Oaks Memorial Center Expansion
Project.
D.Discussion regarding City Manager Project Updates.
E.Discussion of Agenda Items.
Notes:
Agenda Date: 10/23/2018
Agenda Number:
Sponsors: Enactment Date:
2019 Legislative Agenda Memo.pdf, 2019 Legislative
Agenda Talking Points.pdf, Celebrate 2019 Memo.pdf,
ROMC Expansion Memo.pdf, Quarterly Project
Update.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 10/23/2018City Council
Text of Legislative File 2018-4230
Title
A.Discussion regarding the upcoming 86th Regular Legislative Agenda.
B.Discussion regarding Celebrate Coppell Plans for 2019.
C.Discussion regarding the Rolling Oaks Memorial Center Expansion Project.
D.Discussion regarding City Manager Project Updates.
E.Discussion of Agenda Items.
Summary
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4230)
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 10/19/2018
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: October 23, 2018
Re: Draft 2019 Legislative Priorities
Introduction: Council has discussed various subjects to be included in the 2019 Legislative
Priorities document to be used during the upcoming legislative session. A copy of the 2017
document is attached for review.
Analysis: Changes from the previous legislative agenda include the recognition of changes
primarily at the federal level regarding the recent South Dakota vs Wayfair on sales tax, and
the repeal of net neutrality by the FCC.
With the presentation by Fred Hill and Dan Shelly Tuesday night during the work session, the
Council may choose to modify its previously adopted legislative priorities to include or delete
certain aspects of it. The strike through sections in the attached 2016 document reflect the
recent Supreme Court ruling on collection of sales tax over the internet, and net neutrality laws
recently passed by the federal government.
I have received a couple of comments in advance of the discussion regarding potential subject
matters. There include drones and automated vehicle issues.
Staff is requesting that Council provide direction regarding the development of a final 2019
Legislative Priorities list. Once Council has provided its input, staff will finalize the document
for Council’s adoption on Tuesday, November 13th during the regularly scheduled City
Council meeting.
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CITY OF COPPELL
LEGISLATIVE PRIORITIES 2019
With Talking Points
Local Control – The City of Coppell expressly opposes any measures that would limit, reduce, or
remove the local control that municipalities have today regarding their respective abilities to
govern, finance, or otherwise make decisions on behalf of the communities we serve. It is often
said that the best government is that which is closest to the people. There is no level of
government effort closer to the public than locally elected officials who represent municipalities
and other local political subdivisions. What works for one municipality does not necessarily work
in another. The locally elected mayors and city council members are best suited to make decisions
on behalf of their respective communities.
1. Preemption of city regulation on numerous items is a red herring argument.
2. Cities have and do regulate many things that are municipal and specific to their respective
community’s culture and desire.
3. Cities have not over-reached to regulate things they were not authorized to do.
4. When proven otherwise, regulation is overturned without the need for bad legislation.
5. The “liberty” argument is hollow, particularly when voters approve measures they believe
are in their best interest.
6. Are voters capable of speaking for themselves or not?
7. Locally elected representatives know best what their respective communities desire.
8. Local decisions should be left to local representatives.
9. Get this one thing right and many of the other issues go away.
Property Tax Caps– The City of Coppell opposes all efforts to implement ad valorem property tax
caps.
The well documented and undeniable property tax inequities that occur because of these types
of measures alone should be reason enough to oppose this type of legislation. In addition, these
types of measures that have been adopted in other states have severely limited the ability of
municipalities and counties to maintain infrastructure, programs and services, the very things
that the public expects from its government.
Property tax caps have known unintended consequences that result in major inequities over time
regarding the property taxes paid by different individuals in similarly situated homes.
1. Legislation already exists that empowers the citizens to limit the growth in taxes through
time-tested truth-in-taxation and effective tax rate laws.
2. While nobody really likes property taxes, much of the tax revenue in growing and mature
communities is used to operate and maintain facilities, roads, parks and services that
were previously voter approved – it does no good to build the fire station and not staff it,
no good to build the library and not equip it.
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3. At the end of the day, locally elected Mayors and City Council Members know what is best
for their respective communities.
4. Cities and counties are not the reason why property taxes are high in Texas. The reason
is the WAY we fund schools. Cities and counties are about 20% each and the schools are
approximately 60% depending upon where you live.
Revenue Caps – The City of Coppell opposes any legislation or attempt to alter the manner in
which municipalities in the State of Texas currently generate revenues or to require voter
approval of revenue increases.
Voter approval of the budget actions of the Mayor and City Council is accomplished each time a
member of the Council seeks re-election. The above discussion regarding how this type of
measure limits the ability to maintain needed infrastructure, programs and services applies to
the issue.
1. Texas municipalities are already a major source of funding for the state. Cities and
counties receive virtually no state funding. Texas is one of only two states that treats
cities and counties in this manner.
2. Cities and counties are the economic generators for the state and if their ability to raise
local revenue is capped they will not be able to offer tax abatements to attract new
businesses into the state. When that happens, the Texas economy will begin to decline,
and we will be just like every other state in this country.
3. Leave our revenues alone; we do not want to find ourselves in the same position as
independent school districts in our state, that being underfunded.
4. The growth of revenues other than property taxes provides the opportunity to keep
property taxes from rising.
5. Simple formulas that cap revenue growth on inflation and population growth do not work.
The implementation of a major program, such as a new recreation facility, fire station,
library, etc, often are much more expensive than the revenue growth from one year
would fund based on the previous year’s population growth and inflation.
6. Any bill requiring voter approval of an increased level of revenue is fraught with problems
due to the budget adoption cycle for Texas municipalities and the now limited number of
dates that a municipality can hold an election.
7. At the end of the day any discussion regarding the belief that overall taxation in Texas is
too high is failing to recognize that we have no income tax, something that we all agree is
a bad addition to the tax revenue tool chest. Texas in fact has the 6th lowest overall tax
burden in the entire country.
8. The Lieutenant Governor says its property tax reform. In truth, it would save the average
homeowner about $2.00 a month.
9. The problem is SCHOOL TAXES. They are about 54% of a tax bill and if you are Chapter 41
school district like CISD local taxpayers send money to the State. The State has historically
underfunded schools and they are trying to divert the attention from the real problem
and make it someone else’s.
3
10. Not only would a lower rollback rate not produce significant property tax relief, the
cumulative effect would be to reduce funding for everything the City provides.
Expenditure Limitations – The City of Coppell opposes any legislation that would limit the elected
Mayors and City Councils of Texas municipalities from adopting budgets that they deem
appropriate for their respective communities or that would require voter approval for increases
in expenditures.
The City of Coppell employs a very open budgeting process during which there are multiple
opportunities for the citizens to participate. Texas citizens are protected by the current truth-in-
taxation and tax rate roll-back provisions. Once again, voter approval of the actions of the Mayor
and City Council is accomplished each time they seek re-election.
1. Whenever the state passes along a mandate it causes local property taxes to go up. That
is why the state per capita tax burden is so low. It is because the state passes along so
much of the burden to the local governments.
2. Communities should be left to decide for themselves the level of funding they deem
appropriate and they do this by participating in community visioning processes, budget
processes, voting on capital improvements
3. Formulas that allow for the growth in debt service funding but not operations and
maintenance funding to requisite levels to program and maintain the capital
improvements are counterintuitive. Once again, it does no good to build it, even if voters
approve if the revenues that are necessary to operate and maintain the improvement are
not available.
4. Any bill requiring voter approval of an increased level of expenditure is fraught with
problems due to the budget adoption cycle for Texas municipalities and the now limited
number of dates that a municipality can hold an election.
Sales Tax Sourcing Legislation – The City of Coppell opposes any further changes in the sourcing
of sales tax remittance from the current origin of sale method to any method that would include
destination as the manner in which sales tax remittance is calculated. The City of Coppell
participated in a compromise position developed by several cities in a previous legislative session
that was ultimately adopted by the legislature regarding storefront sales verses warehouse sales.
The City of Coppell has long had an economic development policy designed to attract business-
to-business and warehouse users. The shift from origin to destination-based sales tax sourcing
would result in the loss of millions of dollars in revenue annually from Coppell and send those
dollars to municipalities that put forth no effort in the support of the very business that generated
the tax. Several cities on both sides of this issue proposed compromise language during a
previous legislative session that protects the business-to-business sales tax that is important to
cities situated as we are while also protecting the sales tax generated at traditional storefronts
that is important to other cities. This language was ultimately adopted by the legislature.
This is a very confusing issue that potentially could lead to many unintended consequences.
4
Most cities do not know what will actually happen to them if either sales tax sourcing in Texas is
changed to destination-based from origin-based or the national Streamline Sales Tax Initiative is
adopted.
Streamline Sales Tax Initiative only makes sense if the United States Senate and House of
Representatives actually pass legislation that dramatically alters the way in which internet sales
are taxes. Do you really believe that any of those elected officials want to be known as the one’s
that decided to “tax the internet.” In fact, they have been much more likely over the years to
place a much longer-term moratorium on taxing the internet.
Texas has long been an origin-based sales tax state. Cities have intentionally designed their
economic development, community development, and other programs following current law.
1. Many communities, Coppell included, have revenue bond indebtedness that relies on
current law and resulting revenues to make the debt service payments. The move to
destination-based sales tax collection would devastate some and certainly harm all such
cities.
2. The City of Coppell stands to lose between $4,000,000 and $9,000,000 annually if any of
the changes are made as currently proposed.
Streamline Sales Tax Initiative - The City of Coppell opposes any attempt to adopt the
Streamlined Sales Tax (SST) measure as has been discussed in past sessions unless the State of
Texas maintains origin sourcing.
The potential revenue the state would receive should Congress choose to tax the internet fully is
just that, potential revenue. It remains to be seen whether the elected members of the House of
Representatives will pass companion legislation to the Marketplace Fairness Act, legislation that
is more favorable to origin-based sales tax states like Texas that has already been passed by the
senate or offer different legislation that would enable full sales taxation of internet sales. Without
that action, the state will not have access to appreciably more revenue from this sales tax source.
Changing the sourcing laws prematurely in expectation of such a move at the federal level will
only redistribute sales tax revenues from one Texas city to another. The compromise on retail
storefront sourcing that was enacted several years ago should be given time to work. Before any
additional measure are considered, a formal and thorough impact analysis should be conducted
that fully discloses the impact that a broader SST adoption would have on the municipalities and
other taxing jurisdictions, such as transit agencies.
We have estimated that up to 20% of total General Fund and other revenues would be lost if a
more comprehensive SST adoption like what has been discussed in recent years were to pass.
1. The State of Texas should pass legislations that allows municipalities to take advantage of
the South Dakota vs Wayfair which requires sales tax be collected for online purchases.
2. Any legislation considered must keep Texas sales tax point of origin based.
5
3. See talking points above regarding sales tax sourcing.
Transportation – The City of Coppell supports the Regional Transportation Council’s legislative
agenda. Making real, meaningful progress on transportation initiatives is vital as our state
continues to grow rapidly. More specifically, the DFW region continues to grow at a rate that is
simply overwhelming the transportation system. The building of additional highway capacity is
essential if the region is to continue to thrive as a very important economic engine for the entire
State of Texas. Mass transit via rail must also become a reality in a much larger scale than
currently exists as the continuation of sprawl becomes at some point unsustainable. This issue
should be near the top of the priority list of items the requiring legislative attention.
1. The RTC and Rail North Texas initiatives are vital if the region is to maintain the economic
generator status that the state needs from the north Texas area.
2. State funding for transportation projects in the Dallas/Ft. Worth area is vital.
3. Ensuring TxDot and NTTA perform as expected is important. Make them keep their
promises.
4. Coppell supports regional rail initiatives, including the Cotton Belt DART line.
5. Fund projects with dollars as first intended. Do not co-mingle funds from one TxDot
district with another unless the various stakeholders agree.
State Water Resources – The City of Coppell supports efforts to ensure a safe and dependable
water supply for years to come. This is one of the most important issues for the legislature to
resolve. Anticipated growth will certainly challenge the adequacy of current water resources. The
City of Coppell opposes additional tap fees that would be collected by municipalities to be
forwarded to the state as additional state revenue without providing a direct benefit to the
citizens of the municipality in which the fee was collected.
1. This item SHOULD be on the agenda
2. Instead the legislature is worrying about issues of local control that are not broken
3. The challenges facing Texas regarding future water needs are basic supply vs need
4. The work done in previous sessions did not actually fund any water supply or
infrastructure
Education Funding – The City of Coppell supports efforts that would more adequately fund
education from state revenue funds that would also decrease the amount of recapture currently
required of districts such as the Coppell Independent School District. The percent of total state
funding per pupil for public education has been continually decreasing. The legislature should
turn attention to developing measures that would adequately fund education in our state, or at
least fund education at historic levels.
1. While not a municipal issue on its face, the continued underfunding of public education
is unacceptable.
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2. The voucher issue takes even more money from public education under the guise of
making it possible for the average citizen to choose private schools when the average
person cannot afford private schools even with the voucher payment.
3. School choice wherein parents could choose to send their children to any school of their
choice would over-run quality districts from a classroom space perspective while the State
is funding an even less percentage of the total cost for those quality district to remain
such.
4. Additional state funding for public education is necessary if true property tax relief is to
be seen by property owners in Texas.
5. The state funding as a percent per pupil of the total continues to decline noticeably even
though public education funding is one of 4 or 5 major issues the state should be doing.
Collective Bargaining – Oppose all efforts to mandate collective bargaining of any segment of
municipal employees, be they public safety or otherwise.
A “one size fits all” approach to labor management does not work. There is little doubt that the
public safety and general quality of life our citizens enjoy will be harmed rather than enhanced
by any mandated collective bargaining as municipalities will be forced to cut services, potentially
even public safety services, to cover the expected increases in costs that are always associated
with the collective bargaining process and the resulting more expensive labor agreements.
While our community wholeheartedly supports our public safety efforts, our citizens also enjoy
the quality of life offerings that make our community what it is today. Forcing more and more
expenditures to public safety efforts reduces the ability to maintain the overall quality of life our
citizens now enjoy and demand.
1. We realize this will most likely be a mandate from the federal government, the arm of
government most removed from the day-to-day lives of our citizens.
2. One size simply does not fit all.
3. There is no empirical evidence that suggests that the public is any better served by public
safety organizations that have collective bargaining
4. There is plenty of empirical evidence that shows the costs of providing these services
increases, often dramatically, when collective bargaining is imposed.
5. The increase in cost to provide the public safety services is almost always harms a
municipalities ability to maintain other services at desired levels.
6. The State of Texas already has legislation that allows a community to adopt collective
bargaining if the citizens want to do so.
7. The State of Texas should file suit against the federal government if they pass mandatory
collective bargaining legislation.
Alcoholic Beverage Sales – Oppose any further loosening of the restrictions regarding the
proximity to schools, parks, and churches where alcoholic beverages can be sold.
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The community of Coppell has been built with families in mind. Our school system is one of the
best in Texas. We have a very strong faith-based community and our municipal programs offer
great kid-centric services to our families. Our ability to ensure safe and appropriate environments
for these segments of our community is vital.
1. Leave these types of issues to the locally elected Councils to decide.
2. Current rules seem to be serving well.
Oil and Gas Wells – Support any efforts that would provide municipalities more ability to control
the site of oil and gas wells as they relate to residential developments, any occupied buildings,
and environmental sensitive areas such as creeks, rivers and drainage ways.
The proliferation of gas wells in the north Texas area has created concern regarding their
proximity to residences, schools, parks, other occupied buildings and environmentally sensitive
areas. The City of Coppell would support the expansion of our ability to apply greater distance
requirements, noise mitigation standards and other control measures deemed necessary to
protect our citizens from the problems caused by the gas exploration and production process.
The associated air quality that has been well documented is also very important.
1. The exploration of the Barnett Shale in north Texas has led to much discussion regarding
how communities can protect their citizens and business communities from the harmful
effects of the drilling and operation of gas wells.
2. The rights of these companies to locate pipelines virtually any place they please is a
frightening proposition.
3. Texas cities are to some degree severely hampered to regulate these activities due to
current state law.
4. It appears that urban drilling was not contemplated when the legislation was passed. If
it was contemplated, it was not done so effectively.
Red Light Cameras – Continue to support the current legislation allowing a municipality to
operate red light traffic cameras for the purposes of enhancing public safety at major
intersections. The city of Coppell also encourages the state to utilize the funding it receives from
Red Light Camera citations for the purposes for which it was collected by the state, that being
Trauma funding. Otherwise, the state should cease collecting revenue from cities generated by
this mechanism.
1. Despite testimony to the contrary, data does indicate that the number and severity of
vehicle accidents taking place in intersections equipped with cameras has decreased.
2. This is not a revenue generator for Coppell. Year in, year out, total traffic citation revenue
is very consistent in the 3%-4% range of total general fund revenues.
3. This has not changed substantially since red light cameras have been implemented.
4. Approximately 6% of violations are appealed.
5. Approximately 70% of appeals are upheld as valid violations.
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6. Approximately 54% of all reviewed violations are eventually cited. The other 46% are not
cited as being determined to be not an actual violation.
“Dark Store” Taxation – Big box stores have been challenging property tax assessments based
on the “true cash value” which is significantly below the assessed value. Their argument is that
the building was built for a sole function and has little value for other purposes. This is
detrimental to local communities as well as to the State of Texas. We urge the state to expand
the definition of special purpose properties to include retail buildings of greater than 50,000 sq.
ft. to require assessments of value using the “cost method” not “comparable”. If a store is 10
years or less in age, “the sale of a comparable property may not be used in determining the
assessment of the comparable property if it has been vacant for more than one year, has
significant restriction on its use, was sold and is no longer used for its original purpose, or was
not sold in an arm’s length transaction.”
1. This is another ploy used by large commercial property owners intending to lower the
property tax on their respective properties.
2. Granting this type of evaluation model would severely lower taxable values which in turn
would harm not only local taxing entities but also the state due to the school funding
implications.
3. Various construction techniques can be applied to large commercial properties to
subdivide a once large building into more than one commercial use.
4. The use of comparable properties should not be used to determine the taxable value
given the very arguments being used by the industry; ie: their uses are so specialized
Net neutrality – Internet service providers and governments regulating the Internet should treat
all data on the Internet the same, not discriminating or charging differentially by user, content,
website, platform, application, type of attached equipment, or mode of communication. Internet
traffic includes all of the different messages, files and data sent over the Internet, including, for
example, emails, digital audio files, digital video files, etc. Service network neutrality is the
adherence to the paradigm that operation of a service at a certain layer is not influenced by any
data other than the data interpreted at that layer, and in accordance with the protocol
specification for that layer.
1. The rapid innovation that brought us e-mail, the World Wide Web, interactive online
services, and e-commerce depends on an Internet that provides reliable and effective
transport for all types of traffic. This critical innovation at the edges of the network will
be stifled if network providers are allowed to block or degrade traffic in the middle.
2. The Internet was designed to be open and available to everyone, which is why it has
been so powerful and successful. The Internet was not intended to be under the
control of any one party; its value is that it can facilitate communications and the
free flow of information around the world. "Tollbooths and gatekeepers are the
exact opposite of what the Internet is all about," said Michael J. Copps, a Democratic
commissioner at the Federal Communications Commission. "Down that route
consumers can count on paying more and getting less — less content, fewer services
9
and reduced innovation."
3. Cable and telephone companies have the ability and incentive to skew Internet use
toward their own services. They are supposed to be transparent carriers of
broadband services, as noted by Vint Cerf in a letter to Congressmen Joe Barton and
John Dingell on November 8, 2005: “Telephone companies cannot tell consumers
who they can call; network operators should not dictate what people can do online.”
Recently, however, a telephone company blocked its broadband customers from
using VoIP telephone service because it could take revenue away from the company’s
phone services; b. a cable company ordered consumers working from home to stop
using their broadband connection to log into their employer’s virtual private network
and tried to sell them a higher-priced alternative service; c. an Internet provider in
Canada blocked access to a Web site run by the labor union involved in a dispute with
the ISP; and d. the CEO of SBC told Business Week that companies such as Google,
Yahoo, and Vonage would not be permitted to connect to SBC broadband customers
without additional compensation to SBC.8
1
MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Date: October 23, 2018
Reference: Presentation and discussion related to an update on the Celebrate Coppell 2019 event
2030: Successful Community Events and Festivals
Excellent City Services with High Level of Customer Satisfaction
Introduction:
On Saturday, July 1 st, 2017, the Parks and Recreation Department held Celebrate Coppell in the
newly-renovated Andrew Brown East Park. This event was the largest event ever held in the City
with a national-level band, large-scale concession sales, and an intentionally curated, cohesive
“look and feel”. The response from this event was overwhelmingly positive. At approximately
15,000 attendees, this was the largest turnout the City had ever experienced for an Independence
Day celebration.
Each year, our goal is to build on the success and momentum of the previous year. Held on
Saturday, June 30th, 2018, Celebrate Coppell 2018 echoed the success of 2017, with record
attendance levels estimated to have surpassed totals for the previous year. The proposed date for
Celebrate Coppell 2019 is Saturday, June 29th.
Analysis:
We feel the continued success of Celebrate Coppell is reliant on a number of factors, including:
• Lack of competition from surrounding communities. Events compete for both attendees and
resources. Most events in the DFW area are held on July 3rd and 4th. In 2018, Coppell only
competed with one other local Independence Day event.
• Availability of r esources to keep the look and feel of Celebrate Coppell, including
performers, vendors, concessionaires, stage, tents, staff and volunteers.
• Most importantly, we believe the high attendance seen in the last two years was due to the
fact that it occurred on a Saturday. By hosting our event on Saturday, we are able to be more
inclusive to all residents and allow a larger segment of the Coppell community to attend.
2
Legal Review:
Agenda item does not require legal review.
Fiscal Impact:
No fiscal impact will result from this item.
Recommendation:
No council action is required on this item at this time.
1
MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Parks and Recreation Director
Date: October 23, 2018
Reference: Consider approval of award of a professional services agreement with MKEC
Engineering, Inc., in the amount of $591,580.00, to develop plans and specifications
for the Rolling Oaks Memorial Center Expansion Project and authorizing the City
manager to sign all necessary documents.
2030: Community Wellness and Enrichment: Excellent and Well-Maintained City
Infrastructure and Facilities
Introduction:
The City Council approved the Rolling Oaks Memorial Cemetery Master Plan in the May 9, 2017
meeting. The February 27, 2018 Council meeting included an update and discussion on the master
plan to establish the options and features to be included in the phase II expansion.
The next step in the process is the award of a professional services contr act with MKEC Engineering,
Inc., to develop plans and specifications for this project. MKEC has partnered with Tim Hansen,
ASLA, Landscape Architect who together have provided services to over 250 cemeteries, many of
them municipal in the past 30 years. They have established a construction and development
relationship with Service Corporation International (SCI), world’s largest funeral and cemetery
corporation. Their experience with SCI has provided them with insights into operations, policies, and
standards that few consultants have. SCI is the parent company of the Rolling Oaks Funeral Home.
Analysis:
The current capacity of the developed property is 3,937 adult single depth burials, 268 infant spaces
and 485 columbarium niches for a total phase one capacity of approximately 4,700 spaces (double
depth burials were approved as an option in 2015). Fifty two percent of the total available burial rights
is sold to date. The average number of spaces sold in 2014 and 2015 is 7 17. If this trend continues the
remaining 2440 burial rights would be sold by the year 2020. However, the sold properties and niches
have been what families have considered the most desirable property options that the Rolling Oaks
Memorial Center offers. The remaining ground spaces are in locations near Freeport Pkwy. or distant
2
from trees and other site amenities making them “remaining” choice properties. Columbarium niches
are structured 10 levels high and either single or double space. The middle levels and double niches
are selling first, once again leaving fewer preferred options for future families.
Numerous families, denominational and cultural groups have expressed an interest in burial options
that are not currently available at ROMC including:
• Private family estates
• Family mausoleums
• Community mausoleums
• Denominational and nondenominational gardens
• Cultural gardens
• Prayer chapel
• Statues
• Committal chapel
• Outdoor cremation niches
The revised master plan includes the burial options and amenities that have been identified by the
community and that are current industry offerings. The next phase expansion project takes advantage
of the existing infrastructure to minimize costs but achieve the goal of adding desired amenities and
provides the flexibility to modify gardens to accommodate estates of various configurations.
Legal Review:
The attached agreement was reviewed and approved by legal counsel.
Fiscal Impact:
The fiscal impact of this agenda item is $591,580.00 as provided for in the bond proceeds.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
MEMORANDUM
To: Mayor and Council
From: Mike Land, City Manager
Date: October 23, 2018
Reference: Quarterly Project Update
During the Council’s recent annual evaluation of the City Manager, one of the items discussed was
a desire by the Council to receive periodic updates on the variety of projects that are occurring
throughout the City and in various departments. During the work session I will introduce and
distribute a Quarterly Project Update.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4237
File ID: Type: Status: 2018-4237 Agenda Item Agenda Ready
1Version: Reference: In Control: Parks and
Recreation
10/17/2018File Created:
Final Action: Arbor DayFile Name:
Title: Consider approval of a proclamation naming October 23, 2018, as “Arbor
Day;” and authorizing the Mayor to sign.
Notes:
Agenda Date: 10/23/2018
Agenda Number: 6.
Sponsors: Enactment Date:
Proclamation.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4237
Title
Consider approval of a proclamation naming October 23, 2018, as “Arbor Day;” and
authorizing the Mayor to sign.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4237)
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/19/2018
PROCLAMATION
WHEREAS, Arbor Day, was first observed in 1872 with the planting of more
than a million trees in Nebraska; and
WHEREAS, 2018 is the 146st anniversary of the holiday and Arbor Day is now
observed throughout the nation and the world; and
WHEREAS, trees beautify our community, provide habitat for wildlife, and are a
source of joy and spiritual renewal wherever they are planted.
NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do
hereby proclaim October 23, 2018 as
"ARBOR DAY"
in the City of Coppell, and I urge all citizens to celebrate Arbor Day and support efforts
to protect our trees and woodlands, thereby promoting the well-being of the future
generations.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ______day of October 2018.
________________________
Karen Selbo Hunt, Mayor
ATTEST:
____________________________
Christel Pettinos, City Secretary
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4223
File ID: Type: Status: 2018-4223 Agenda Item Proclamations
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: Municipal Court WeekFile Name:
Title: Consider approval of a proclamation naming the week of November 5-9, 2018, as
“Municipal Court Week,” and authorizing the Mayor to sign.
Notes:
Agenda Date: 10/23/2018
Agenda Number: 7.
Sponsors: Enactment Date:
2018_MCW_Proclamation.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4223
Title
Consider approval of a proclamation naming the week of November 5-9, 2018, as “Municipal Court
Week,” and authorizing the Mayor to sign.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4223)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/19/2018
PROCLAMATION
WHEREAS, municipal courts play a significant role in preserving public safety and
promoting quality of life in Texas;
WHEREAS, state law authorizes a municipality to either appoint or elect a municipal judge
for a term of office, the Coppell Municipal Court No. 1 is a state court and its judges are
members of the state judiciary;
WHEREAS, the procedures for the Coppell Municipal Court No. 1 operations are set forth
in the Texas Code of Criminal Procedure and other laws of the State of Texas;
WHEREAS, the City of Coppell is committed to the notion that our legal system is based on
the principle that an independent, fair, and competent judiciary will interpret and apply the laws
that govern us, and that judges and court personnel should comply with the law and act in a
manner that promotes public confidence in the integrity and impartiality of the judiciary;
WHEREAS, Coppell Municipal Judges are not policy makers for the City of Coppell, but
are bound by the law and the Canons of Judicial Conduct and are required to make decisions
independent of the governing body of the City Council, city officials, and employees;
WHEREAS, the City Council recognizes that the Constitution and laws of the State of Texas
contain procedural safeguards in criminal cases for all defendants, including indigent defendants,
and supports the Coppell Municipal Court No. 1 in complying with such legal requirements.
NOW, THEREFORE, I Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim
the week of November 5-9, 2018, as
“MUNICIPAL COURT WEEK”
In recognition of the fair and impartial justice offered to our citizens by the Municipal Court of
Coppell.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell
to be affixed this 23rd day of October 2018.
ATTEST: _____________________________
______________________________ Karen Selbo Hunt, Mayor
Christel Pettinos, City Secretary
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4227
File ID: Type: Status: 2018-4227 Agenda Item Proclamations
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: Small Biz ProclamationFile Name:
Title: Consider approval of a proclamation naming November 24, 2018, as “Small
Business Saturday;” and authorizing the Mayor to sign.
Notes:
Agenda Date: 10/23/2018
Agenda Number: 8.
Sponsors: Enactment Date:
Coppell Small Business 2018 Proclamation.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4227
Title
Consider approval of a proclamation naming November 24, 2018, as “Small Business
Saturday;” and authorizing the Mayor to sign.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4227)
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/19/2018
PROCLAMATION
WHEREAS, Coppell, Texas, celebrates our local small businesses and the contributions they make
to our local economy and community; according to the United States Small Business Administration,
there are currently 30.2 million small businesses in the United States, they represent 99.7 percent of all
businesses with employees in the United States, are responsible for 65.9 percent of net new jobs created
from 2000 to 2017; and
WHEREAS, small businesses employ 47.5 percent of the employees in the private sector in the
United States; and
WHEREAS, 90% of consumers in the United States say Small Business Saturday has had a positive
impact on their community; and
WHEREAS, 89% of consumers who are aware of Small Business Saturday said the day encourages
them to Shop Small all year long; and
WHEREAS, 73% of consumers who reportedly Shopped Small at independently-owned retailers
and restaurants on Small Business Saturday did so with friends or family; and
WHEREAS, the most reported reason for consumers aware of the day to shop and dine at small,
independently-owned businesses was to support their community (64%); and
WHEREAS, the people of Coppell support our local businesses that create jobs, boost our local
economy and preserve our communities; and
NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim the
Saturday after Thanksgiving, November 24, 2018, as
“SMALL BUSINESS SATURDAY”
And urge the residents of our community, and communities across the country, to support small businesses
and merchants on Small Business Saturday and throughout the year.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this 23rd day of October 2018.
ATTEST: _______________________________________
Karen Selbo Hunt, Mayor
______________________________
Christel Pettinos, City Secretary
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4231
File ID: Type: Status: 2018-4231 Agenda Item Agenda Ready
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: CCG ReportFile Name:
Title: Report by the Coppell Farmers’ Market and Community Garden.
Notes:
Agenda Date: 10/23/2018
Agenda Number: 9.
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 10/23/2018City Council
Text of Legislative File 2018-4231
Title
Report by the Coppell Farmers’ Market and Community Garden.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4231)
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/19/2018
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4224
File ID: Type: Status: 2018-4224 Agenda Item Consent Agenda
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: MinutesFile Name:
Title: Consider approval of the minutes: October 9, 2018.
Notes:
Agenda Date: 10/23/2018
Agenda Number: A.
Sponsors: Enactment Date:
CM 2018-10-09.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4224
Title
Consider approval of the minutes: October 9, 2018.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4224)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/19/2018
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
City of Coppell, Texas
Minutes
City Council
6:30 PM Council ChambersTuesday, October 9, 2018
KAREN HUNT CLIFF LONG
Mayor Mayor Pro Tem
BRIANNA HINOJOSA-SMITH NANCY YINGLING
Place 2 Place 5
WES MAYS BIJU MATHEW
Place 3 Place 6
GARY RODEN MARK HILL
Place 4 Place 7
MIKE LAND
City Manager
Cliff Long;Wes Mays;Gary Roden;Nancy Yingling;Biju Mathew and Mark HillPresent6 -
Karen Hunt and Brianna Hinojosa-SmithAbsent2 -
Also present were City Manager Mike Land, Deputy City Managers Traci Leach and
Noel Bernal, Deputy City Secretary Ashley Owens and City Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
October 9, 2018, at 5:30 p.m. in the City Council Chambers of Town Center, 255
Parkway Boulevard, Coppell, Texas.
Call to Order1.
Mayor Pro Tem Long called the meeting to order, determined that a quorum
was present and convened into the Executive Session at 6:30 p.m.
Executive Session (Closed to the Public) 1st Floor Conference Room2.
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
Discussion regarding real property south of Bethel Rd. and west of S.
Coppell Rd.
Discussed under Executive Session.
Page 1City of Coppell, Texas
October 9, 2018City Council Minutes
Work Session (Open to the Public) 1st Floor Conference Room3.
Mayor Pro Tem Long adjourned the Executive Session at 6:42 p.m. and
convened into the Work Session.
A.Discussion regarding the Citizen Survey.
B.Discussion of agenda items.
Presented in Work Session.
Regular Session
Mayor Pro Tem Long adjourned the Work Session at 7:12 p.m. and reconvened
into the Regular Session at 7:30 p.m. At 7:21 p.m., Councilmember Brianna
Hinojosa-Smith arrived late to the meeting.
Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Gary Roden;Nancy
Yingling;Biju Mathew and Mark Hill
Present 7 -
Karen HuntAbsent1 -
Invocation 7:30 p.m.4.
Pastor Chad Kettler with GracePoint Church gave the Invocation.
Pledge of Allegiance5.
Mayor Pro Tem Long and the City Council led those present in the Pledge of
Allegiance.
6.Consider approval of a proclamation naming the month of October,
“National Breast Cancer Awareness Month,” and authorize the Mayor to
sign.
Mayor Pro Tem Long read the proclamation into the record and presented the
same to Pink Soles in Motion. A motion was made by Councilmember Brianna
Hinojosa-Smith, seconded by Councilmember Nancy Yingling, that this Agenda
Item be approved. The motion passed by an unanimous vote.
7.Consider approval of a proclamation naming the week of October 7-13,
2017 as “Fire Prevention Week,” and authorizing the Mayor to sign.
Mayor Pro Tem Long read the proclamation into the record and presented the
same to Fire Chief Kevin Richardson and Deputy Chief Tim Oates. A motion
was made by Councilmember Nancy Yingling, seconded by Councilmember
Mark Hill, that this Agenda Item be approved. The motion passed by an
unanimous vote.
Citizens’ Appearance8.
Mayor Pro Tem Long advised that no one signed up to speak.
Consent Agenda9.
Page 2City of Coppell, Texas
October 9, 2018City Council Minutes
A.Consider approval of the minutes: September 25, 2018.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-F be
approved. The motion passed by an unanimous vote.
B.Consider approval of an Ordinance for PD-217R3-C, Doggie’s
Wonderland, a zoning change from PD-217R2-C (Planned Development
District-217 Revision-2-Commercial) to PD-217R3-C (Planned
Development District Revision-3-Commercial) to amend and expand the
Detail Site Plan to allow the construction of an approximate 4,590 square
foot building for a new Doggie’s Wonderland (dog boarding, daycare,
grooming services) on Lot 5; convert the existing building into a dog
kennel (rescue) and pet wash Lot 4R; and to establish a Concept Plan for
future development on Lot 6, for a total of 1.479 acres of land located on
the east side of Denton Tap Road, between E. Bethel School Road and
Vanbebber Drive, (120 E. Bethel School Road and 400 S. Denton Tap
Road), and authorizing the Mayor to sign.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-F be
approved. The motion passed by an unanimous vote.
Enactment No: OR 91500-A-730
C.Consider approval of an Ordinance for PD-250R24-H, Coppell Arts
Center (Old Town Addition, Lot 1R-1, Block G), a zoning change from
PD-250R8-H (Planned Development District- 250 Revision 8 - Historic)
to PD-250R24-H (Planned Development District- 250 Revision 24 -
Historic) to allow the development of an approximate 32,370 square-foot
Coppell Arts Center on 3.044 acres of property located on the south side
of Travis Street, east of Hammond Street; and authorizing the Mayor to
sign.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-F be
approved. The motion passed by an unanimous vote.
Enactment No: OR 91500-A-731
D.Consider approval to award Bid # Q-0918-01 “Residential &
Commercial Water Meter Lids and Boxes” to Core and Main LP, in the
amount of $271,550.00; and authorizing the City Manager to sign any
necessary documents.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-F be
approved. The motion passed by an unanimous vote.
E.Consider approval of a Resolution of the City of Coppell, Texas finding
that Texas-New Mexico Power Company’s (TNMP) application to
Page 3City of Coppell, Texas
October 9, 2018City Council Minutes
change rates within the City should be denied; finding that the City’s
reasonable rate case expenses shall be reimbursed by the Company;
finding that the meeting at which this Resolution is passed is open to the
public as required by law; requiring notice of this Resolution to the
Company and legal counsel; and authorizing the Mayor to sign.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-F be
approved. The motion passed by an unanimous vote.
Enactment No: RE 2018-1009.1
F.Consider approval of an Ordinance of the City of Coppell, Texas,
amending the Code of Ordinances by repealing Chapter 1
“Administration”, Article 1-14, “Hotel Occupancy Tax” in its entirety, and
replacing it with a new chapter 1 “Administration”, article 1-14 ‘Hotel
Occupancy Tax; providing for collection; providing for delinquency;
providing for audit; providing a repealing clause; providing a severability
clause; providing for a savings clause; providing a penalty of fine not to
exceed the sum of five hundred ($500.00) for each offense; and
providing an effective date.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Brianna Hinojosa-Smith, that Consent Agenda Items A-F be
approved. The motion passed by an unanimous vote.
Enactment No: OR 2018-1503
End of Consent Agenda
10.CONTINUED PUBLIC HEARING:
Consider approval of PD-259R-SF-7&9, Blackberry Farm, being a
zoning change request from PD-259-SF-7&9 (Planned Development
259-Single Family-7 & 9) to PD-259R-SF-7&9 (Planned Development
Revised 259-Single Family-7 & 9), to revise the Detail Site Plan and
Conditions, to permit the development of 74 single-family lots and nine
(9) common area lots on 54.8 acres of land located on the north side of
Sandy Lake Road, approximately 750 feet northeast of Starleaf Road
(extended), at the request of Denton Creek Land Company Ltd. and
Blackberry Farm Ltd., being represented by L. Lynn Kadleck, Kadleck &
Associates.
Presentation: Marcie Diamond, Assistant Director of Community
Development/Planning, made a presentation to the City Council and reported
the applicant has requested to postpone the Agenda Item until November 13,
2018.
Mayor Pro Tem Long opened the Public Hearing.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Nancy Yingling, to continue the Public Hearing until November
Page 4City of Coppell, Texas
October 9, 2018City Council Minutes
13, 2018. The motion passed by an unanimous vote.
11.PUBLIC HEARING:
Consider approval of PD-285R2-C, Andy’s Frozen Custard, to attach a
Detail Site Plan for a 1,160 sq. ft. drive-through and walk up restaurant,
with no indoor seating, on 1.21 acres of property located on Sandy Lake
Road, west of Denton Tap (180 W. Sandy Lake Road), at the request of
LG 214 Woodside Coppell LLC, being represented by Stephen
McGuirk, Leon Capital Group.
Presentation: Marcie Diamond, Assistant Director of Community
Development/Planning, made a presentation to the City Council.
Stephen McGuirk, representing the applicant, answered questions of the City
Council.
Mayor Pro Tem Long opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Roden, to close the Public Hearing and approve this Agenda
item subject to the following conditions:
1. PD Conditions
a. Allowing for glass exceeding 50% of the front façade of the building
b. Allowing for the refacing of the existing monument sign which does not
meet the current setback requirements
c. Allowing for a window sign
d. Allowing for a fully shielded indirect facia lighting, if grey/silver in color.
e. Approval of a Landscape Plan which provides allows the deficiency in the
perimeter landscaping on the east and north property lines to be compensated
along the west property line.
2. This property will need to be replatted to provide necessary easements.
3. Additional comments will be generated at the time of Detail Engineering
review and Building permit review.
4. Drafting errors/clarifications
a. More clearly define the fire lane and relabel to “fire lane/mutual access
easement”.
b. Rectify landscape calculations discrepancies.
c. Verify location of 6 trees along west property line.
d. Revise the notation that reads 15’ landscape and sign setback to delete the
word “sign”.
e. Provide additional specifications on the attached and monument signs in
terms of materials, lighting source, etc.
f. Delete the utilities and topography from the Site Plan and include all
existing and proposed easements.
The motion passed by an unanimous vote.
12.PUBLIC HEARING:
Consider approval of PD-221R9R2-HC, Homewood Suites, a zoning
change request from PD-221R9R-HC (Planned Development-221
Revision 9 Revised-Highway Commercial) to PD-221R9R2-HC (Planned
Page 5City of Coppell, Texas
October 9, 2018City Council Minutes
Development-205 Revision 9 Revision 2 -Highway Commercial), to
amend the Planned Development to attach a Detail Site Plan to allow a
129-room suite (residence) hotel on 3.024 acres of property located on
Point West Boulevard, approximately 100 feet south of Dividend Drive at
the request of Trophy Lodging, LTD, being represented by Travis
Bousquet, the Bousquet Group.
Presentation: Marcie Diamond, Assistant Director of Community
Development/Planning, made a presentation to the City Council.
Mayor Pro Tem Long opened the Public Hearing and asked for those who
signed up to speak on the item:
1) Schas Naik, 1580 Point West, was against the proposed item due to the
previous hotel ordinance.
As authorized by Section 551.071(2) of the Texas Government Code, Mayor Pro
Tem Long convened into closed Executive Session at 8:42 p.m. to seek
consultation from the City Attorney and reconvened into the Regular Session at
8:59 p.m.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Roden, to close the Public Hearing and approve this Agenda
item subject to the following conditions:
1. This property will need to be replatted to provide necessary easements.
2. Traffic Impact Analysis being submitted prior to submission of a Replat to
determine if deceleration lane(s) will be required.
3. Signs to be compliant with the provisions of the Sign Ordinance.
4. Additional comments will be generated at the time of Detail Engineering
review and Building permit review.
The motion passed by an unanimous vote.
13.PUBLIC HEARING:
Consider approval of PD-214R8-C, Arbor Manors Office - 3 Denton Tap,
LLC, a zoning change request from PD-214R2-C (Planned
Development-214 Revision 2 - Commercial) to attach a Detail Site Plan
for a 3,035-square foot building on 0.701 acres of land (Lot 3), located
on Denton Tap Road, approximately 400 feet south of W. Sandy Lake
Road; at the request of 3 Denton Tap, LLC; being represented by
Cates-Clark & Associates, LLC.
Presentation: Mary Paron-Boswell, Senior Planner, made a presentation to the
City Council.
Mayor Pro Tem Long opened the Public Hearing and advised that no one
signed up to speak.
Daniel Stewart, representing the applicant, answered questions of the City
Council.
A motion was made by Councilmember Nancy Yingling, seconded by
Page 6City of Coppell, Texas
October 9, 2018City Council Minutes
Councilmember Mark Hill, to close the Public Hearing and approve this
Agenda item subject to the following conditions:
1. PD Conditions:
a. Photometrics shall comply with City requirements for residential adjacency.
b. To allow the landscape calculation to be based on the developable area of
the lot.
c. To allow the existing parking tree islands along Denton Tap Road to remain
as is.
d. To allow the existing perimeter landscape strip along Denton Tap Road to
remain as is.
e. To allow a variable landscape width from 6 to 10 feet along a portion at the
rear of the property.
f. To allow a 10-foot setback in lieu of the required 30-foot setback on the
southern portion of the lot.
g. All signage must meet ordinance requirements.
h. All mechanical equipment to be screened.
i. A Letter of Intent to maintain the screening wall along the common boundary
of this property and the adjacent residential neighborhood (Arbor Manors),
shall be in place prior to permits being issued for this site. The applicant and
residential HOA shall have a document filed at the county indicating the terms
and responsibility of each party.
2. There may be additional comments at the time of Building Permit and Detail
Engineering Review.
3. Replat of Lot 3 to add easements must be approved and filed with Dallas
County prior to construction.
4. Removal of the existing access easement that currently runs through a
portion of the building.
The motion passed by an unanimous vote.
14.PUBLIC HEARING:
Consider approval of PD-205R3-HC, Vista Ridge Addition, Lot 3R,
Block D (The Plaza), a zoning change request from PD-205R2-HC
(Planned Development-205 Revision 2-Highway Commercial) to
PD-205R3-HC (Planned Development-205 Revision 3-Highway
Commercial), to amend the Planned Development to attach a Detail Site
Plan to allow a 6,520-square-foot medical building on 1.39 acres of
property located north of the northwest corner of S.H. 121 and Plaza
Blvd, at the request of George Mitchell (Questcare Clinic) represented by
Elaine Pickering, Baird Hampton & Brown, Inc.
Presentation: Mary Paron-Boswell, Senior Planner, made a presentation to the
City Council.
Mayor Pro Tem Long opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Mark Hill, seconded by
Councilmember Wes Mays, to close the Public Hearing and approve this
Agenda Item subject to the following conditions:
1. There may be additional comments at the time of Building Permit and Detail
Page 7City of Coppell, Texas
October 9, 2018City Council Minutes
Engineering Review.
2. Replat of Lots 3 and 4 must be approved and filed with Dallas County prior to
construction
3. All signage must meet ordinance requirements.
The motion passed by an unanimous vote.
15.PUBLIC HEARING:
Consider approval of a Resolution granting a variance of twenty feet (20')
feet to JC’s Burger Bar Coppell from the 300-foot prohibited requirement
for the sale of alcoholic beverages for on premise consumption, with a
business address being 160 W. Sandy Lake Road, Suite 100; and
authorizing the Mayor to sign.
Presentation: Christel Pettinos, City Secretary, made a presentation to the City
Council.
Mayor Pro Tem Long opened the Public Hearing and advised that no one
signed up to speak.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Gary Roden, to close the Public Hearing and approve this
Agenda item. The motion passed by an unanimous vote.
Enactment No: RE 2018-1009.2
16.Consider approval to award Bid #Q-0818-03 “Hunterwood Park Bank
Stabilization/Trail Project” to Joel Brown Co.; in the amount of
$964,047.00; as designated in CRDC fund balance; and authorizing the
City Manager to sign any necessary documents.
Presentation: Mike Garza, Assistant Director of Public Works, made a
presentation to the City Council.
A motion was made by Councilmember Biju Mathew, seconded by
Councilmember Wes Mays, that this Agenda item be approved. The motion
passed by an unanimous vote.
17.Consider approval to enter into an agreement with Gallagher
Construction to provide for Program Manager Services for the
construction of Fire Station 4; the relocation of Fire Station 1 and the Fire
Resource Storage Facility; in the amount of $403,000.00; and
authorizing the City Manager to sign.
Presentation: Kevin Richardson, Fire Chief, made a presentation to the City
Council.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved.
The motion passed by an unanimous vote.
City Manager Reports - Project Updates and Future Agendas18.
Page 8City of Coppell, Texas
October 9, 2018City Council Minutes
City Manager Mike Land updated the City Council on the following events: the
Farm to Table Dinner is going to be held on October 13, 2018, and the Food
Truck Frenzy was a success!
Mayor and Council Reports19.
A.Report by the City Council on upcoming events.
B.Report by Councilmember Mays on North Central Texas Council of
Governments.
A. Mayor Pro Tem Long reminded City Council and those present that Election
Day is November 6. Early Voting begins October 22-November 2. Town Center
will be an Early Voting polling location for Dallas County residents. The last
day to apply for a ballot by mail is October 26. See the City Secretary's Election
webpage for polling locations and times.
Kaleidoscope will be held at Andy Brown East Park on October 20, 2018, from
5-9 p.m. To get involved or learn more, check out the Kaleidoscope page on
the City's webpage.
B. Councilmember Mays reported on his meeting with North Central Texas
Council of Government. Tex-21 will be holding their Quarterly Regional
meeting on October 24, 2018, from 9 a.m. to 1:30 pm, in Garland. There will be
sessions regarding topics such as drones and automated vehicle programs,
with a special speech from Senator Bob Hall.
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
20.
Nothing to report.
Necessary Action from Executive Session21.
City Attorney Robert Hager read the following motion into the record: to extend
the Letter of Intent between the City of Coppell, the Coppell Economic
Development Corporation, and Main Street, Ltd., et al for a period of 62 days to
December 12, 2018.
A motion was made by Councilmember Nancy Yingling, seconded by
Councilmember Roden, that this Agenda item be approved. The motion passed
by an unanimous vote.
Adjournment
There being nothing else before the City Council, the meeting was adjourned
at 9:45 p.m.
Page 9City of Coppell, Texas
October 9, 2018City Council Minutes
________________________
Karen Selbo Hunt, Mayor
ATTEST:
________________________
Christel Pettinos, City Secretary
Page 10City of Coppell, Texas
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4219
File ID: Type: Status: 2018-4219 Agenda Item Agenda Ready
1Version: Reference: In Control: Human Resources
10/15/2018File Created:
Final Action: Marathon Health Wellness Clinic Services FY2018-19File Name:
Title: Consider approval of an Agreement with Marathon Health for Near-Site
Health and Wellness Clinic services for a three (3) year period with the option
to renew for two additional, one year periods; in the amount of $200,173 as
budgeted; and authorizing the City Manager to execute all necessary
paperwork.
Notes:
Agenda Date: 10/23/2018
Agenda Number: B.
Sponsors: Enactment Date:
Marathon Memo.pdf, Marathon Agreement.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4219
Title
Consider approval of an Agreement with Marathon Health for Near-Site Health and Wellness
Clinic services for a three (3) year period with the option to renew for two additional, one year
periods; in the amount of $200,173 as budgeted; and authorizing the City Manager to execute
all necessary paperwork.
Summary
Please see attached Memorandum.
Fiscal Impact:
The fiscal impact of this Agenda item is $200,173 and funding is included in the FY18-19 Combined
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4219)
Services Department budget.
Staff Recommendation:
Staff recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 10/19/2018
1
MEMORANDUM
To: Mayor and City Council
From: Vivyon V. Bowman, Director of Administration and Human Resources
Date: October 17, 2018
Reference: Approval of Joint Employee Clinic Agreement
2030: Top Quality City Workforce
Introduction:
Consider approval of an agreement with Marathon Health for Clinic services in the amount of
$200,173 and authorizing the City Manager to execute all necessary paperwork.
Analysis:
BACKGROUND
The City of Coppell entered into its first contract with Marathon Health in August 2013, providing a
wellness clinic for employees and dependents who participate in the City’s health plan. The facility
was named Wellness Works Health Center and officially opened its doors in January 2014. The City
of Coppell has its own contract with Marathon however shares the costs of items such as medical
expenses, utilities and rental space with the City of Lewisville who also utilizes the clinic. The City
of Coppell has 30% of the total covered lives and Lewisville has 70% of covered lives who can use
the clinic; therefore, the costs are shared accordingly. The wellness clinic’s services include acute
care for common illnesses and minor injuries along with health coaching and management of chronic
conditions. Just this year, Marathon has agreed to add a part-time licensed professional counselor to
the clinical staff at no additional cost to the City.
2
In May, City of Lewisville sent out a Request for Proposal for the shared Near-site Health and
Wellness Clinic using the both Lewisville and Coppell Health plan participants. Four companies
submitted proposals for Health and Wellness Clinic services that were narrowed down to two finalists.
The City of Lewisville received a competitive bid from CareHere; however, Marathon’s revised long-
term financial proposal which includes a behavioral health professional along with past performance
are key considerations for the recommendation to remain with Marathon. The City of Lewisville’s
contract with Marathon was approved by their City Council on Tuesday October 15, 2018. The City
of Coppell is able to take advantage of the Marathon’s proposal through it’s interlocal agreement with
the City of Lewisville at the lowest cost of $200,173.00 per year over a three-year period which is a
savings of $22,000 per year as compared to the current contract pricing.
The projected costs for clinic services is under the new contract for both Cities is provided below:
The primary rationale for City Staff’s continued interest in Marathon Health’s clinic concept is to
augment our existing wellness strategy. Marathon will use the biometric data (blood work) gathered
through the City’s wellness program to assess the medical needs of all our covered employees. Any
time a covered employee visits the clinic for any purpose, the clinical staff takes the opportunity to
not only treat the acute illness and/or injury that brought the employee into the clinic, but also provide
one on one lifestyle management discussion for chronic health conditions such as heart disease,
Required Fees Year 1 Year 2 Year 3
Clinic Management Fees
City of Lewisville $465,545 $465,545 $465,545
City of Coppell $200,173 $200,173 $200,173
Subtotal Management Fees $665,718 $665,718 $665,718
Other Required Fees:
Lab Processing Fees n/a n/a n/a
Medications / Vaccines $1,200 $1,200 $1,200
Office/Clinical Supplies and Postage n/a n/a n/a
Subtotal Other Required Fees $1,200 $1,200 $1,200
Start Up Fees
Start Up Fees n/a n/a n/a
Sub Total Start Up Fees $0 $0 $0
Total Fees $666,918.00 $666,918.00 $666,918.00
Optional Fees / Services Year 1 Year 2 Year 3
List any Fees for Optional Services
Nutritionist n/a n/a n/a
MHSA Behavioral Services $0 (Included)$0 (Included)$0 (Included)
Total Fees $0 $0 $0
3
asthma, chronic obstructive pulmonary disease (COPD), depression, diabetes, high blood pressure,
low back pain, allergies, smoking cessation, obesity and stress management. If the clinic is able to
help employees manage and reduce these types of chronic conditions, the result should be future
savings to the City’s medical plan.
A secondary reason for participating in a clinic would be to provide an opportunity for our covered
employees to establish a medical home. Many employees especially our younger employee
population normally visit the nearest urgent care center or the emergency room for their medical
treatment which can cost more for the employee and the city’s medical plan. Having a clinic available
at no cost, easily accessible and the opportunity to schedule appointments online will hopefully
continue to encourage them to seek treatment on a regular basis with a clinician that will be familiar
with their ongoing healthcare needs.
In addition to the savings mentioned above, the clinic will generate other savings to the health plan.
Many employees seek care from specialists that could be handled by the clinic staff. The clinic staff
will be able to help the employee determine, if care by a specialist is warranted, thus also eliminating
some unnecessary specialist visits.
Although the city’s claims have been volatile due to large claims over the last few years, the Wellness
Center has had an impact on our preventive and acute visits costs. For the 12-month period of
September 2017 through August 2018, the clinic reported 856 office visits for coaching and acute
care and 1037 labs/tests performed for biometrics and other illness related tests.
As mentioned previously, the Wellness Center plays an important role in our wellness initiative. Over
the past 24-month period ending August 2018, 302 employees were identified as having one or more
risk factors out of target range. As of the end of August, the clinic had engaged 85% of those
members in treatment or coaching with 256 making some improvements in their risk factor profile.
In the new fiscal year, spouses that are covered on the City’s medical plan will not only be required
to submit their biometrics to the Wellness Center but will be held accountable as employees are for
having their risk factors in target range. This will ensure we continue to focus on identifying potential
chronic conditions of our participants covered under the City’s health insurance and hopefully further
impact our health plan costs in the future years.
Legal Review:
The attached agreement was reviewed by Robert Hager and all recommended changes were made.
Fiscal Impact:
The annual cost to the City of Coppell for the clinic is $200,173.00. The cost of the clinic will be
offset in part by claim dollars that are currently being paid to primary care physicians through the
City of Coppell health plan and by reallocating other plan expenses such as biometrics, annual
physicals, and other existing wellness program expenses. The total cost is broken up into two
components the annual contract fee of 200,173.00 and shared overhead costs of approximately
$11,930.00 for building rental, utilities, janitorial, phone and data services.
4
Recommendation:
Staff recommends approval of the contract with Marathon Health, LLC for a three-year period and
the option to renew for an additional two years.
Marathon Health, LLC. Confidential
1
HEALTH SERVICES AGREEMENT
between City of Coppell and Marathon Health, LLC
THIS HEALTH SERVICES AGREEMENT (this “Agreement”) is made and entered
into to be effective as of September 25, 2018 (the “Effective Date”) by and between City
of Coppell (“Client”), with principal offices at 255 Parkway Boulevard, Coppell, TX 75019,
and Marathon Health, LLC (“Marathon”), a Delaware limited liability company with
principal offices at Champlain Mill, 20 Winooski Falls Way, Suite 400, Winooski, VT
05404. Client and Marathon may each be referred to in this Agreement as a “Party” and,
collectively, as the “Parties”.
WITNESSETH
WHEREAS, as part of its overall healthcare program, Client desires to furnish to
its employees certain preventive, wellness, disease management, health consultation,
occupational health and/or primary care services;
WHEREAS, Client desires to retain Marathon to furnish such preventive, wellness,
disease management, health consultation, occupational health and/or primary care
services; and
NOW , THEREFORE, in consideration of the mutual promises and covenants
contained in this Agreement together with all exhibits, and for other good and valuable
consideration, the receipt of which is hereby acknowledged, Client and Marathon hereby
agree as follows:
Article I
Definitions
1.1 “Care Provider” means a staff member or independent contractor of Marathon who
provides care or consultation services directly to Participants.
1.2 “Collaborating Physician” means an appropriately licensed physician who has a
collaborative relationship with a nurse practitioner or physician’s assistant as
required under the laws of the state in which such nurse practitioner or physician’s
assistant is providing services.
1.3 “Participant” means an individual, age 6 years or more, eligible to participate in the
Marathon Services as determined by the eligibility criteria of Client’s health plan or
as otherwise determined by Client.
Marathon Health, LLC. Confidential
2
Article II
Services; Relationship Between the Parties
2.1 Services. Marathon will provide Client with the services described and set forth in
Schedule A and A1 (the “Marathon Services”). Services that do not clearly fall
within the description set forth on Schedule A and A1 shall be outside the scope
of this Agreement, and Client shall instruct Participants to seek outside assistance
for such matters with an alternate healthcare provider. Marathon may provide
some of the Marathon Services by engaging the services of third party contractors,
particularly for professional services.
2.2 Implementation Timeline. Marathon and Client mutually agree to modify
Marathon’s standard implementation timeline as needed to allow Marathon to
commence the Marathon Services on the Commencement Date of the Initial Term
of this Agreement.
2.3 Independent Contractors. Marathon, and each of the third party contractors
delivering services hereunder, is an independent contractor with respect to the
services provided under this Agreement and is not the agent or employee of Client.
Notwithstanding any authority granted to Client herein, Marathon and/or any Care
Provider or Collaborating Physician shall retain the authority to direct or control his,
her or its medical decisions, acts or judgments.
2.4 Employee Benefit Plans. The programs and services provided under this
Agreement are not designed or intended to be provided under any Client employee
benefit plan or program. Accordingly, neither Marathon, nor any of the third party
contractors it may engage, is a fiduciary, trustee, or sponsor with respect to these
programs or services. In the event the programs and services become part of a
Client employee benefit plan or program, Marathon, and each of the third party
contractors it may engage, shall be considered to be acting only as a consultant to
Client with respect to such matters and shall not be considered in a fiduciary,
trustee or sponsor relationship in such plan.
Article III
Contract Period
3.1 Term. The “Initial Term” of this Agreement shall begin on the Effective Date, and
shall continue with the Marathon Services for a period of three (3) years,
commencing on January 28, 2019 (the “Commencement Date”), unless terminated
earlier as provided for in Article VII, below.
3.2 Renewal Terms. This Agreement shall automatically renew for additional terms of
one (1) year (each a “Renewal Term” and together, the “Renewal Terms”), unless
either Party terminates this Agreement by giving written notice not less than ninety
(90) days prior to the expiration of the then current term. Such Renewal Term(s)
shall be subject to the termination provisions set forth in Article VII below. Failure
Marathon Health, LLC. Confidential
3
to provide timely written notice shall act as a Party’s intent to automatically renew
the Agreement at the end of the then current term. The Parties agree that they
shall begin good faith negotiations regarding any material changes to the terms of
this Agreement no later than six (6) months prior to the end of the then current
term; in any event this Agreement shall not be extended past January 27, 2023.
Article IV
Payment Terms; Pricing
4.1 Fees. Marathon will submit invoices to Client for the initial fees as set forth in
Schedule B. With the exception of reimbursement of reasonable expenses as
otherwise provided in this Agreement, such fees shall be the only compensation
to Marathon under this Agreement. Payment is due for all undisputed charges
within thirty (30) days of receipt of an invoice. A one percent (1%) per month late
fee will be charged for payments on undisputed charges not received when due.
4.2 Failure to Pay. Failure to pay an invoice when due shall constitute a breach of this
Agreement and Marathon reserves the right to terminate this Agreement or
suspend services upon a breach by Client that continues more than thirty (30) days
after the invoice due date. Marathon reserves the right to refrain from providing
services to Client, if full payment is not made when due for undisputed charges,
until such time as payment in full has been made. In the event that Marathon
continues to provide services during a period of time when Client is in breach, such
continuance of services will not operate as a waiver of Marathon’s right and ability
to utilize any and all remedies available to Marathon under applicable laws.
4.3 Tax Obligations. All fees for services purchased or licensed in this Agreement,
unless otherwise noted, are exclusive of applicable taxes, if any. Client agrees to
pay all applicable sales, use or service taxes imposed by any state or local tax
authority on the services or payments provided hereunder (other than taxes
calculated on the basis of the net income of Marathon) which Marathon may be
required to pay or collect. Any such tax due is in addition to the fees charged by
Marathon herein and will be listed separately on invoices. To the extent Marathon
has not collected and remitted any applicable tax for Client in reliance upon an
erroneous representation of Client as to its tax status, Client’s obligation to pay
taxes shall include any interest and penalties imposed by any taxing authorities. If
a certificate of exemption or similar document or proceeding is necessary in order
to exempt the sale from sales or use tax liability, Client shall obtain and produce
such certificate, document or proceeding, at its sole expense.
Article V
Duties of Marathon
Marathon Health, LLC. Confidential
4
5.1 Equipment and Supplies. At its sole cost and expense, Marathon shall provide or
arrange for the provision of such equipment, supplies, professional services and
such other support services necessary for the performance of its obligations under
this agreement. Marathon shall retain ownership of and/or control over the
equipment and/or supplies provided under this Agreement.
5.2 Qualified Care Providers. Marathon shall employ or engage qualified and
appropriately licensed or certified (if applicable) Care Providers to provide the
services that Marathon is obligated to provide under this Agreement. It shall be
Marathon’s responsibility to select, contract with and manage any third party
contractors, all in accordance with the terms of this Agreement. Such third party
contractors may include an affiliated professional corporation to provide the acute
and other health care services, for which it will be paid fair market value by
Marathon, and may include other contractors. Marathon shall retain responsibility
for any such delegated and/or subcontracted services and shall monitor
performance of such services on an ongoing basis to ensure the compliance with
all applicable obligations under this Agreement.
5.3 Independent Contractor. Marathon shall at all times remain an independent
contractor. Nothing contained herein shall be construed to create an agency, joint
venture, or joint enterprise relationship between the Parties. Marathon and its
personnel and contractors are not Client’s personnel or agents, and Marathon
assumes full responsibility for their actions. Marathon shall comply with all Laws
governing the services being performed under this Agreement. Marathon, at its
sole expense, shall obtain any and all licenses and permits required for the
services performed by its personnel and Contractors, including but not limited to
any and all visas, work permits, etc. required by applicable Law.
Marathon shall be solely responsible for the payment of compensation of Marathon
personnel and contractors performing services hereunder, and Marathon’s
personnel and contractors are not entitled to the provision of any Client employee
benefits. Client shall not be responsible for payment of worker's compensation,
disability or other similar benefits, unemployment or other similar insurance or for
withholding income or other similar taxes or social security for any Marathon
personnel and contractors, but such responsibility shall solely be that of Marathon.
5.4 Performance of Client Obligations. Marathon shall not be responsible for any delay
or lack of performance of the Marathon Services due to the failure of Client or a
Participant to provide information necessary to fulfill its obligations as required
under this Agreement.
5.5 Compliance with Law. Marathon shall not direct or encourage Client to act or
refrain from acting in any way which, to its knowledge, would violate any applicable
law or regulation, or personnel policy of the Client. Marathon shall not act in any
way which, to its knowledge, could implicate or involve Client in a violation of any
such law or regulation.
Marathon Health, LLC. Confidential
5
5.6 Marathon Health Reports. Marathon will provide to Client the reports described in
Schedule A.
Article VI
Duties of Client
6.1 Provision of Location. Client shall, at its sole cost and expense, provide or arrange
for the provision of such space needed by Marathon for the performance of its
obligations under this agreement, including fit-up of the space with basic
infrastructure consistent with Marathon’s specifications, including but not limited to,
utilities, unrestricted internet connectivity, and non-medical furnishings. Client is
responsible for routine cleaning of the health center space, including vacuuming,
trash removal and bathroom cleaning, if applicable, on a daily basis. Marathon is
responsible for storage and removal of medical waste.
6.2 Internet Connections. Client will provide dedicated, unrestricted, business class
DSL or business class cable services. Ethernet handoff to be implemented into a
Marathon owned and operated firewall/router. Client is responsible for premise
wiring to facilitate connectivity from the Marathon firewall to the desktops. Two
jacks are required for each employee station. Location of jacks is dependent upon
build out of facilities. Minimum requirements include bandwidth requirements of 10
mbps connection (up/down), and 5 static publicly addressable IP addresses.
6.3 Telephone and Fax. Client will facilitate and provide all physical wiring needed for
telephone connectivity. Wiring must be at least Cat5e terminated at both ends with
RJ45 sockets. All wiring shall be terminated in a central location at one end and at
each workstation at the other. Marathon will provide telephones and associated
services for all of its employees and for the main line to the health center. Client is
responsible for providing convenience phones and associated wiring if Client wants
its employees to have access to telephones within the health center. Client must
also provide service to the health center for 1 analog phone line and associated
wiring for the purpose of faxing.
6.4 Publicity and Promotion. Client will publicize and provide descriptive information,
including those standard marketing materials provided by Marathon as described in
Schedule A, about the Marathon Services to all of its employees who may seek
services at the location or locations agreed upon by the Parties. Client will provide
Marathon with copies of other documents and materials prepared independently by
Client describing, publicizing, or significantly affecting the Marathon Services prior
to the distribution of such materials. Marathon shall review and comment on such
materials within a reasonable time after receipt. Client shall use reasonable efforts
to seek Marathon’s input prior to publicizing and providing such information to its
employees, which input shall not be unreasonably delayed. Client expressly permits
Marathon to use Client’s name in advertisements to recruit Care Providers or other
personnel dedicated for the Marathon Services, as the recruitment and
implementation processes are reliant on this.
Marathon Health, LLC. Confidential
6
6.5 Eligibility Files. Client will provide to Marathon on a weekly basis, or other mutually
agreed-upon frequency, a Participant eligibility file, which is necessary to enable
Marathon to provide the Marathon Services, and will only be used for provision of
the Marathon Services or for healthcare operations. The Participant eligibility file
will contain the entire population of Participants and will adhere to Marathon’s file
specifications.
6.6 Medical Claims Data. To assist in the identification and treatment of Participants
with chronic conditions such as diabetes, asthma, heart disease, pulmonary disease
and hypertension, Client agrees to make reasonable effort to provide Marathon,
through its carrier, third party administrator, or third party vendor for claims data
mining, with access to medical claims data for the Participants enrolled in Client’s
health plan(s), for the 12 months prior to the initiation of onsite services, and
minimally at twelve month intervals thereafter through the term of the contract.
Marathon will provide Client with the file format defining the specifications for the
data.
6.7 Availability of Resources. Client agrees to allow Marathon to utilize any internal
resources of Client and to assist Marathon in such utilization, including, but not
limited to, training, marketing tools and resources, and technical support necessary
to maintain the requirements outlined in Section 6.1, as mutually agreed upon by the
Parties, in order to enhance the effectiveness and utilization of the Marathon
Services. Client will identify a single primary point of contact for implementation
project management and ongoing account management.
6.8 Compliance with Law. Client shall not direct or encourage Marathon to act or refrain
from acting in any way which, to its knowledge, would violate any applicable law or
regulation. Client shall not act in any way which, to its knowledge, could implicate
or involve Marathon in a violation of any such law or regulation, including but not
limited to “HIPAA Regulations” as outlined in Section 8.2.
Article VII
Events of Default, Remedies and Termination
7.1 Events of Default. Any one or more of the following shall constitute an event of
default under this Agreement (each to be an “Event of Default”):
(a) Any failure by Client to pay Marathon in accordance with Article IV of this
Agreement;
(b) Any material failure by either Party to promptly and fully perform its
obligations or comply with the terms of this Agreement and the Schedules
attached hereto, and, provided that such default is not a willful violation of
applicable Law or a threat to Participant health and safety, (which failures
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must be remedied immediately), the defaulting Party shall have sixty (60)
days to remedy such default after written notice of such default by the
aggrieved Party to the defaulting Party specifying in detail the nature of the
default, and provided further that the defaulting Party shall have up to ninety
(90) days to cure such default if it has commenced to cure such breach
within thirty (30) days of receipt of such notice and is continuing to diligently
pursue a cure of such breach; and
(c) Marathon appoints a custodian, liquidator, trustee or receiver or a material
portion of its assets become subject to custodian, liquidator, trustee or
receiver; or if a party files a voluntary petition in U.S. bankruptcy court; or a
Party is generally not paying its debts as they become due or makes an
assignment for the benefit of creditors; or bankruptcy, reorganization, or
insolvency proceedings or other proceedings for relief under any
bankruptcy or similar Law or Laws for relief of debtors are instituted by or
against a Party and are not dismissed within sixty (60) days, this Agreement
will terminate immediately.
7.2 Remedies.
(a) Subject to the terms and conditions of this Agreement, upon an Event of
Material Default by Client, Marathon may, at its option, (i) suspend further
Services under this Agreement, (ii) pursue any and all remedies that may
be available at law or in equity, and/or (iii) terminate this Agreement.
(b) Subject to the terms and conditions of this Agreement, upon an Event of
Material Default by Marathon, Client may, at its option, (i) suspend further
payments to Marathon which are specifically associated with such default,
(ii) pursue any and all remedies that may be available at law or in equity,
and/or (iii) terminate this Agreement.
7.3 Termination Events.
(a) This Agreement may be terminated by either Party upon the occurrence of
an Event of Default by the other Party.
(b) This Agreement may be terminated by either Party upon giving the other
Party 90 day written notice within 90 days of any annual anniversary of
contract Commencement Date.
(c) Failure to Fund. Marathon agrees that, should the City of Coppell fail to
appropriate sufficient funds for any future fiscal year to support the financial
operation of the Employee Health Clinic, the Agreement will be terminated
immediately without additional cost or penalty.
7.4 Consequences of Termination.
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(a) Termination under any section of this Article VII shall not cause either Party
to waive any rights it may have to exercise any remedies available to it
under any other section of this Agreement or under any applicable Law.
(b) In the event this Agreement is terminated by reason of a Party’s default, the
defaulting Party shall be liable for all direct costs, fees, expenses and
damages and/or other amounts, including reasonable attorneys’ fees, which
the other Party may incur or sustain which are directly due to such default,
including but not limited to, reasonable attorneys’ fees. In the event that the
other Party claims any additional direct costs, fees, expenses, damages,
and/or other amounts, the defaulting Party agrees to provide upon request
such additional financial or accounting records as may be reasonably
necessary for the other Party to verify such additional direct costs, fees,
expenses, damages, and/or other amounts. In the event this Agreement is
terminated by reason of a Party’s default, the other Party shall have no
continuing obligations or liabilities under this Agreement except as
expressly provided under this Agreement.
(c) Except as expressly provided below in this Section 7.4(d), notwithstanding
anything in this Agreement to the contrary, (a) no Party shall be liable to the
other party for incidental or consequential damages resulting from any
breach of this Agreement, and (b) the maximum liability of either party to
the other for any breach or violation of this Agreement or any addendum to
this Agreement shall not exceed an amount equal to the total fees payable
under this Agreement. Notwithstanding the foregoing, the limitations on
liability set forth in this subsection shall not apply to any Event of Default by
a party constituting fraud, gross negligence, or willful misconduct in
connection with this Agreement, or claims for indemnification under Article
XI of this Agreement.
(d) Provided that Client has satisfied all payment obligations under this
Agreement, and any disputes regarding payment have been resolved, or, if
an unresolved payment dispute exists, Client shall have deposited in an
interest-bearing escrow account with a mutually agreed upon financial
institution an amount equal to the disputed payment amount, in all cases of
termination, Marathon agrees to work with Client to make an orderly
transition of the Marathon Services and Client’s property pursuant to the
terms and conditions of a mutually agreed upon transition plan. Marathon
and Client agree to negotiate in good faith the terms and conditions of any
such transition plan.
(e) Marathon shall maintain Participants’ health records beyond termination of
this Agreement in accordance with applicable laws.
Article VIII
Confidentiality of Participant Records
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8.1 Access to Participant Information. Marathon acknowledges and agrees that in the
course of performing its duties under this Agreement, Marathon, its Care Providers
and/or their agents may acquire or obtain access to or knowledge of health records
or other personal and confidential information regarding Participants.
8.2 Safeguard of Information. Marathon, its Care Providers and their agents will
safeguard Participants’ health records and other personal and confidential
information to ensure that the information is not improperly disclosed and to comply
with any applicable law, rule or regulation, including, but not limited to, regulations
promulgated by the United States Department of Health and Human Services,
pursuant to the Health Insurance Portability and Accountability Act of 1996
(“HIPAA”) as the same may be amended from time to time (collectively the “HIPAA
Regulations”), the Health Information Technology for Economic and Clinical Health
(HITECH) Act, and other federal and state regulations governing the confidentiality
of health information, including without limitation mental health, substance abuse
and HIV-related information. Individual electronic medical record information is the
property of Marathon, subject to each Participant’s rights to his/her individual
medical information.
8.3 Granting of Access. Marathon will afford access to Participant’s health records or
personal and confidential information to other persons only as allowed, or required
by law. Marathon shall not grant access to patient records, patient information,
and other personal and confidential data to any individual or to Client except as
provided in this Section 8.3.
8.4 Compliance Assistance. To the extent Marathon utilizes space provided by Client
in providing services under this Agreement, the Parties shall discuss how Client
can assist Marathon in complying with these requirements, including the physical
access to such space.
Article IX
Confidentiality of Business Information
9.1 Restriction of Use; Confidentiality. Each of the Parties agrees not to use any
Confidential Information (as defined below) for any purpose other than to
accomplish the intent of this Agreement. No other rights, or licenses to
trademarks, inventions, copyrights, or patents are implied or granted under this
Agreement. Confidential Information supplied shall not be reproduced in any form
except as required to accomplish the intent of this Agreement. Each Party agrees
to keep all such Confidential Information confidential and, at a minimum, treat this
Confidential Information in the same confidential manner it would treat its own
most confidential information, and shall not disclose it to others or use it for any
purpose except as required to accomplish the intent of this Agreement.
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9.2 Confidential Information. For purposes of this provision, the term “Confidential
Information” shall mean any business practices, methods of doing business, or
written or electronic materials relating to its business and shall also include without
limitation any written material of the type that is proprietary, including, without
limitation, software programs, technical information, patent applications, patent
disclosures, prototypes, samples, business apparatus, forms of reports, know-
how, and other materials marked “confidential”, or confidential information
disclosed verbally if set forth in a writing which is provided to the recipient within
15 days of verbal disclosure thereof. Confidential Information shall not, however,
include information that is governed by the confidentiality provision of Article VIII,
or any information which recipient can establish (i) was publicly known and made
generally available in the public domain prior to the time of disclosure to recipient;
(ii) becomes publicly known and made generally available after disclosure to
recipient through no action or inaction of recipient or its affiliates; or (iii) is in the
possession of recipient, without confidentiality restrictions, at the time of disclosure
as shown by recipient’s files and records immediately prior to the time of
disclosure. Nothing in this Agreement shall be deemed to prohibit recipient from
disclosing any Confidential Information that is (i) required by law (provided,
however, that in the event of such requirement, prior to disclosing any Confidential
Information, recipient will notify the disclosing Party of the scope and source of
such legal requirements and shall give the disclosing Party the opportunity to
challenge the need to disclose and/or limit the scope of disclosed information) or
(ii) pursuant to the written consent of the disclosing Party.
9.3 Indemnification. Each Party hereby agrees to indemnify and hold harmless the
other Party from any damage, loss, cost or liability (including legal fees and the
cost of enforcing this indemnity) arising out of or resulting from its unauthorized
use or disclosure of Confidential Information, to the extent permitted by Law. Each
Party acknowledges and agrees that monetary damages would be both
incalculable and an insufficient remedy for any breach of this Agreement and that
any such breach would cause either Party irreparable harm.
Article X
Non-Solicitation
10.1 Non-Solicitation. As consideration for the resources dedicated to the development
of the Marathon Services and for Marathon entering into this Agreement, Client
agrees that it will not, either during the term of this Agreement or for a period of
two (2) years after the termination of this Agreement for any reason whatsoever,
directly or indirectly, employ or consult in any way, whether in a paid or unpaid
capacity, any entity or individual, including but not limited to Care Providers,
medical directors, Collaborating Physicians, employees, and independent
contractors, furnished by Marathon in performing services under this Agreement,
unless Marathon gives prior written approval.
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Article XI
Indemnification and Insurance
11.1 Indemnification. Each Party shall defend, indemnify and hold harmless the other
Party, its subsidiaries and affiliated companies, and their respective directors,
officers, employees and agents (the “Indemnified Parties”) from and against all
claims, causes of action, suits, losses, damages, reasonable attorneys’ fees and
costs (collectively referred to in this Article XI as “Liabilities”) that arise directly from
or out of any third party claim asserted against any Indemnified Party alleging
negligence by the first Party or its employees or agents in the performance of
services and other duties and responsibilities in connection with this Agreement.
11.2 Marathon Insurance. Marathon shall maintain and pay for the following insurance
coverages during the term of this Agreement and all renewals thereof:
(a) Medical malpractice liability coverage with limits of $5 million per claim and $5
million aggregate.
(b) General liability coverage with limits of $5 million per claim and $5 million
aggregate.
(c) Umbrella/excess liability insurance covering professional and general liability
with limits of $2 million per claim and $2 million aggregate.
(d) Technology related errors and omissions liability and cyber-liability coverage
with limits of $5 million per claim and $5 million aggregate.
(e) Property and casualty coverage for its materials, equipment, furnishings,
supplies, and all owned personal and/or business property and improvements
located on Client’s premises under the standard “Special Form” coverage to
its full replacement cost, without depreciation, adjusted yearly.
(f) Workers’ compensation and other statutory insurances as required.
11.3 Client Insurance. Client shall insure, and pay for the following insurance
coverages during the term of this Agreement and all renewals thereof:
(a) General liability insurance covering Client’s business operations on the
premises in which the Marathon Services will be performed.
(b) Property and casualty coverage for all of Client’s real and personal property to
which Marathon and its employees are granted access or given use, to its full
or depreciated value, at Client’s option, to include, but not be limited to,
insurance on space needed by Marathon for the performance of its obligations
under this Agreement and all Client’s infrastructure and improvements to such
space.
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(c) Other insurances typically maintained within Client’s industry.
Article XII
Miscellaneous
12.1 Ancillary Agreements. Client agrees to execute or cause to be executed all
ancillary agreements appropriate and reasonably necessary to enable the
Marathon Services to be performed; and, this Agreement supercedes and replaces
any prior Agreements between the Parties.
12.2 Force Majeure. Neither Party shall be liable for failure or delay in performance due
to any cause beyond the reasonable control of such Party (a “Force Majeure
Event”); provided that such Party shall have (i) used its best efforts to avoid such
Force Majeure Event and to minimize the impact of same on the other Party and
(ii) rendered to the other Party prompt written notice thereof when first discovered,
fully describing its probable effect and duration. The term “Force Majeure Event”
shall include, but not be limited to, acts of God or the public enemy; expropriation
or confiscation; war, rebellion, civil disturbances, sabotage, and riots; strikes or
other labor disputes that are not due to the breach of any labor agreement by the
affected Party hereunder; inability to obtain any local, state or federal
governmental approval due to actions or omissions by any such governmental
authority that were not voluntarily induced or promoted by the affected Party
hereunder; and floods or unusually severe weather that could not have been
reasonably anticipated, fires, explosions, and earthquakes, and other similar
occurrences. Force Majeure Event shall not include economic hardship or
changes in market conditions.
12.3 Entire Agreement. The Parties acknowledge that this Agreement, including any
attachments, schedules and addendum that are attached hereto and incorporated
herein by reference, represents the entire agreement and understanding of the
Parties with reference to the subject matter of this Agreement and supersedes all
prior and contemporaneous agreements, understandings, and any other
negotiations and discussions, whether oral or written, of the parties and/or
subsidiaries of the parties with respect to the same subject matter hereof. Each
Party acknowledges that no other promises, representations or agreements,
whether written or verbal, have been made by the other Party, its agents,
employees or legal representatives as an inducement for the execution of this
Agreement. The Agreement replaces all prior understandings and agreements of
the Parties, written or oral, with respect to the subject matter covered herein.
12.4 Notices. All notices to be delivered under this Agreement shall be in writing and
shall be delivered by hand or deposited in the United States mail, first-class,
registered or certified mail, postage prepaid, to the following addresses:
To Client: City of Coppell
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Attn: Mike Land, City Manager
255 Parkway Boulevard
Coppell, TX 75019
Tel – (972) 304-3618
Fax – (972) 304-7063
To Marathon: Marathon Health, LLC
Champlain Mill
20 Winooski Falls Way, Suite 400
Winooski, VT 05404
Tel - (802) 857-0400
Fax - (802) 857-0498 Fax
Attn: Jerry Ford, CEO
12.5 Severability. If any provision of this Agreement is determined to be unenforceable
or invalid, such determination will not affect the validity of the other provisions
contained in this Agreement. Failure to enforce any provision of this Agreement
does not affect the rights of the Parties to enforce such provision in another
circumstance. Neither does it affect the rights of the Parties to enforce any other
provision of the Agreement at any time.
12.6 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas to the extent not preempted by
federal law.
12.7 Amendment. This Agreement may be amended by Client and Marathon only by a
writing duly executed by an appropriate officer of Marathon and Client. This
requirement is not intended to preclude the Parties from making decisions
regarding day to day operations.
12.8 Assignment. This Agreement and all of the provisions hereof will be binding upon
and inure to the benefit of the Parties hereto and their respective successors and
permitted assigns. The rights and duties of Marathon and Client under this
Agreement shall not be assignable by either Party without the prior written consent
of the other Party. Such consent shall not be unreasonably withheld.
12.9 Third Party Beneficiaries. Nothing contained herein shall be construed to confer
any benefit on persons who are not Parties to this Agreement.
12.10 Waiver. A failure or delay of either party to this Agreement to enforce at any time
any of the provisions of this Agreement, or to exercise any option which is herein
provided, or to require at any time performance of any of the provisions hereof,
shall in no way be construed to be a waiver of such provision of this Agreement or
shall not excuse the other party's performance of such, nor affect any rights at a
later time to enforce the provision.
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12.11 Disputes. If there is any dispute covered by this Agreement, the disputing party
shall give written notice of such dispute to the other party no later than one hundred
eighty (180) days after the party knew or should have known that the dispute
existed. Within thirty (30) days after notice of the dispute is given, the parties will
meet to attempt to resolve the dispute. If the parties fail to meet within thirty (30)
days after the notice of dispute is given or if the parties fail to resolve the dispute
within forty-five (45) days after they first meet, either party may initiate arbitration
of the dispute as provided hereinafter and in accordance with the American
Arbitration Association Arbitration Rules and Mediation Procedures for
Commercial Disputes.
12.12 Counterparts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of
the date first above written.
CITY OF COPPELL MARATHON HEALTH, LLC.
Signed: Signed:
Name: Mike Land Name: Jerry Ford
Title: City Manager Title: CEO
Date: Date:
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Schedule A
MARATHON SERVICES
DESCRIPTION OF SERVICES
Ongoing Services: As of the Commencement Date, Marathon shall provide onsite health services as
follows for eligible employees, retirees, & dependents.
Implementation Services: During the period beginning on the Effective Date and continuing through the
start of the Ongoing Services on the Commencement Date (the “Implementation Period”), Marathon
shall provide the Implementation Services detailed in Schedule A1.
The following is included in the annual fees, per Schedule B:
Individuals Eligible to Participate as of the Commencement Date:
Eligible Participants Number Comment
Employees 358
Spouses 74
Dependents 311
Retirees 4
Health Center Staffing:
Staffing* Number Comment
Physicians 0.6 FTE Located in Lewisville Health Center
Nurse Practitioners [Physician Assistants] 1.0 FTE Located in Lewisville Health Center
Medical assistants 1.5 FTE Located in Lewisville Health Center
Licensed Clinical Mental Health Counselor 0.5 FTE Located in Lewisville Health Center
Location and Time of Services:
Monday – Friday
Hours of Operation
(Lewisville Health Center)
M, W, FR – 8am-
4pm
T, TH – 11am-7pm
• Notwithstanding the hours of operation described above, the health center shall be closed for
eight (8) holidays and for four (4) professional development days per year.
• In the event of an unexpected clinician absence, the health center shall remain open for services
to be continued, to the extent possible, by the other regular health center staff member(s). Up
to five (5) days of such absences that result in no primary care services being provided shall be
allowed per year, per health center.
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ONGOING SERVICES INCLUDED IN ANNUAL FEE:
Labor costs, medical & office supplies, medical liability insurance, worker’s compensation insurance,
general liability insurance and all other insurance policies.
Primary Care Description
Acute and Episodic Care • Assessment and treatment of medical conditions that are episodic in nature and short in
duration. Examples include, but are not limited to, upper respiratory infections, rashes,
urinary tract infections, and first treatment of minor injuries
Management of Chronic
Conditions
• Management of chronic conditions for individuals who do not have a primary care
provider. Examples include, but are not limited to, hypertension, hypothyroidism, allergic
rhinitis, hypercholesterolemia and diabetes.
• For those individuals with an existing primary care provider and/or specialist, and in
particular for those individuals who have multiple complicated medical conditions
requiring specialty care and/or significant oversight, the Marathon Health clinician will
work in collaboration with said provider to provide adjunct care and education to the
patient.
• For those individuals who do not have a primary care provider, Marathon can function as
the medical home and provide full primary care, including the management of multiple
chronic conditions requiring significant oversight. After hours coverage and in-hospital
care not included. The clinician will work in collaboration with specialty care providers if
specialty referral is indicated.
Routine annual exams and
screenings
• Annual Physicals – Includes a physical exam. Any required external lab processing and
imaging is not included in the annual fees.
• Annual women’s health exams to include pelvic exam and pap smear. Pap smear
requires external lab processing not included in the annual fees.
Travel Medicine • Consultation with clinician to receive guidance on recommended immunizations,
medications, and travel precautions. Vaccines can be administered in-house for most
required immunization but are purchased in advance per agreement with Client, and the
cost of vaccines is not included in the annual fees.
Supplemental Primary
Care Services
Description
Lab Draws Labs may be drawn for diagnostic and monitoring purposes at the recommendation of the
onsite clinician. The cost of external lab processing is a third party charge to Client that is
not included in the annual fee.
Immunizations Administered at no cost with Marathon’s cost of vaccine passed through as incurred.
CLIA-waived labs Processed in-house during the provision of care, as needed (pending review of state
regulations). The following tests are included in the annual fee: A1C Hemoglobin, Fecal
Occult Blood Test, Glucose, HCG Pregnancy, Lipid Profile, Mono, Strep A, Urinalysis.
Health Maintenance
and Disease Prevention
Description
Health Risk Assessment • Administered online or in paper version screens
• General health and well-being
• Health history including symptoms, conditions and family history
• Tobacco use, alcohol use and stress levels
Comprehensive Heath Review
(CHR)
• For high risk individuals and individuals with chronic disease a CHR
• Online access to complete the Health History and Risk Assessment (HHRA)
• 1:1 consultation with the onsite clinician to review assessment results, health history
and risk appraisal, set goals and recommend strategies to achieve goals
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Lifestyle Risk Reduction • For high risk individuals agreeing to follow-up with the Marathon Health Care provider
as their personal health coach
• Work 1:1 with individuals to change behaviors putting them at risk for certain
conditions, addressing lifestyle habits such as physical activity, smoking, diet, stress,
weight control, cholesterol and blood pressure.
• Marathon Health Providers incorporate Transtheoretical Model, Model for
Improvement and Motivational Interviewing behavioral change methodologies
• Individualized change management plans
• Proactive support
Chronic Condition
Coaching
Description
For individuals with chronic
diseases (Diabetes, COPD,
asthma, CHF, CAD, HTN,
depression, low back pain)
• Work 1:1 with individuals to empower and educate them to improve their health and
quality of life through self-management practices and adherence to a treatment plan
that aligns with national clinical guidelines for their disease.
• Coaching, symptom monitoring, and disease education
Occupational Health
Services
Description
Work-related injuries • First treatment of minor work related injuries. Examples include, but are not limited
to, minor strains, sprains, dermatitis, insect bites
Behavioral Health
Services
Description
Individual, couples and family
counseling for behavioral
health issues
• Such as stress, depression, anxiety, grief, relationships, eating disorders and substance
abuse.
• If dependents are covered in the contract counseling will be offered to ages 12 and
older.
Health Engagement
System Technology
Platform
Description
Health Engagement System
Technology Platform
(for up to 110% of the
employees and spouses
eligible to participate)
• Personal Health Record with risk profile, wellness score, interactive nutrition and
activity trackers, and medical content
• Online scheduling system and secure messaging
• Electronic Medical Record
• Ability to import encounter data from carrier to provide historical patient encounter
information
• Export up to three (3) types of data feeds (encounter, lab, or HRA) in Marathon Health
standard format
Health Savings Account
processing
• For patients with a Health Savings Account (HSA) in a High Deductible Health Plan
(HDHP), Marathon Health provides the ability to send a claim for non-preventative
care visits, at an agreed upon cost, to be applied against the patient’s deductible.
Account Management
and Advisory Services
Description
One Point of Contact An assigned Account Manager provides one point of contact for triaging issues that may be
handled by Marathon’s team of analysts, clinicians, communications resources and others
to ensure any issues are identified and addressed quickly.
Clinical Coverage Plan Marathon Health will establish and provide a coverage plan for clinical staff absences due
to illness, vacation or continuing medical education (CME) time off.
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Monthly Reviews Account Manager will hold monthly calls with the client to deliver and discuss the reports
described below to ensure that the client has data on health center activity and progress
toward goals.
Annual Review Account Manager will provide face-to-face annual reviews of the health center business,
incorporating the Client-specific key performance metrics from the previous year, as well as
a strategic plan for the next year.
Ongoing Health Promotions Account Manager will work together with the Client to manage ongoing communications
for the promotion of health center services and operations
Strategic Planning Account Manager will work to understand and support client’s unique business objectives
and goals for the health center. The Account Manager will work collaboratively with the
Client’s broker/consultant, as well as other health related vendors (EAP, DM, etc.) as
needed to ensure that employee health resources are fully leveraged.
Management Reporting
and Analysis
Description
Monthly client activity and
trends report
Including visit volume (visits for acute care, occupational health, risk reduction and chronic
condition management, group work and telephonic consults), high risk patients engaged,
high risk patients making progress, encounters by CPT code, diagnoses by ICD-9 code,
prescriptions written, and overall savings from operations
Annual reports including:
● Population stratification report identifying percent of the population screened, size
and nature of high risk population and size and nature of population with chronic
conditions identified through data mining and/or screening.
● Review of health center operations including health center volumes and patient
engagement
● Examination of outcomes including overall improvement in population health status,
patient satisfaction, savings from health center operations and return on investment
analysis, results of at-risk pay-for-performance metrics, and plan for continuous
quality improvement.
Participant
Communications and
Promotions
Description
Pre-launch multimedia
communication campaign
Including site posters, events, digital communication, and mailings, customized with
location-specific information. (Descriptions of clinical services are not modifiable.) See A2
for details on pre-launch communication material.
MyHealth Report Including email and mailings to homes to promote access to a personalized health report
for all participants.
Health Promotion Catalog Including educational sessions, group programs, health center promotional activities,
health fair support, health and fitness challenges, and other programs designed to increase
engagement.
Production and Printing The standard communication package includes all production and printing costs.
SERVICES NOT INCLUDED IN ANNUAL FEE:
• Flu vaccine and related supplies supplied at current rates.
• Pre-packaged pharmaceuticals dispensed onsite supplied at Marathon cost.
• Other prescription medications, vaccines and durable medical equipment supplied at Marathon
cost
• Additional Data Services, such as custom interfaces for uploads of prior provider data, or more
than 3 ongoing activity reports.
• Mass population biometric screening fees at quoted rates. Actual fee is dependent on number
of individuals screened and the number of locations. Individual in-house biometric screenings
and all health risk assessments are included in the annual service fee.
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• Travel costs for health center staff and health screeners to visit participants at offsite locations
(locations other than those regularly operated health centers included at the top of this
Schedule A).
• Optional communication services:
• Video Production: Short videos to promote the services, success stories, or address
concerns.
• Design/Production Non-Storefront Material: Design/production of material that requires
customization to currently available storefront material.
• Mailings to homes: Postage cost for mailing of general health center materials (excluding
MyHealth Report) to participants’ homes, rather than distributing in the workplace.
NOT INCLUDED IN THIS AGREEMENT:
• Non-CLIA waived tests, CLIA waived tests not included above, external lab processing for
physicals, annual exams and screenings.
• Internet connectivity and telephone service for Marathon staff.
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Schedule A1
IMPLEMENTATION SERVICES
Marathon Health shall provide the following standard Implementation Services, which are included in
the quoted fees. Additional services provided beyond the scope of the deliverables, such as additional
site visit days, will be billed as Additional Services.
Standard Implementation Package Deliverables
(exact media to be determined)
Pre-Kick Off Implementation Meeting Sales Transition Meeting: Client, Sales VP and Project
Manager meet via conference call to initiate steps in the
implementation process.
Kick Off Implementation Meeting Initial Implementation Team meeting to start the
implementation process. This conference call will include
all members of the implementation team (from both
Marathon and Client) to provide the foundation and
expectations for the implementation process.
Functional Workgroup Implementation
Meeting
Within 3 to 6 weeks, Marathon will provide up to 3
members of the implementation team to be onsite at the
Client location for a workgroup session/meeting. Other
members of the Marathon Implementation Team will join
as needed by conference call.
Recruitment/Onboarding of Clinical Team Marathon to cover the advertising cost for all staff positions
and up to 2 visits to Client site to conduct initial
recruitment of clinical team members.
Clinical Coverage Plan Marathon to establish and provide coverage plan for
clinical staff absences.
Clinical Training Marathon will provide initial implementation training for all
health center staff during onboarding and onsite at the
health center during the go-live week. This includes travel,
lodging, meals and materials for shadowing at other
Marathon Health centers, orientation week and go-live
week.
Communication Services Marathon will provide the Pre-Launch Communication
Program included in Schedule A.
Information Systems:
-IT Equipment Marathon will provide computers for each clinical team
staff member, printers, copiers and one kiosk.
-IT Set Up Marathon to provide an IT staff for set up for up to 2 days
at the health center location prior to scheduled go live
date.
Project Management
-Project Manager Client site visits Marathon will provide up to 3 onsite visits by the Project
Manager during the implementation process.
-Weekly Implementation Calls Marathon will provide weekly implementation calls with
the implementation team/Client project manager during
implementation process.
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Schedule A2
PRE-LAUNCH COMMUNICATION MATERIAL
Marathon Health shall provide the following standard pre-launch communication material, which are
included in the quoted fees. Additional communication material or changes to the following beyond the
standard customization will be billed as Additional Services.
Pre-Launch Deliverables Description Customization Available
Audit/ Strategy/ FAQ
Communication audit to understand
current practices, target audience,
best methods. Strategy document
and FAQ/ key message document
delivered based on audit results.
Services Booklet 4 color booklet describing available
services.
Company name, center
name, logo, photo selection
Executive Announcement
copy
Announcement copy to be delivered
by the Client. All custom
Posters
4 color, 11x17" posters, including
Coming Soon, Now Open, and
Confidentiality
Company name, center
name, logo, photo selection
Leadership Toolkit
Presentation and FAQ document
explaining business drivers to
leadership audience
Countdown Flyer Sets
Set of 6 flyers, 8.5x11", each
counting down from the 6 week
mark with messaging to build
excitement about healthcare at
work.
Company or center logo
Table Tents
Laminated, 4 color, 2 sided, 3x4"
table tent cards cueing people to
expect the welcome package in the
mail.
Company name, center
name, logo, photo selection
Welcome Package – Portal
Mailer
Mailer with a laminated wallet card
with health center details and
information about accessing the
Portal.
Company name, center
name, logo, photo selection,
personalized with username
and password
Welcome Package – Brochure
and Services Roadmap
Interactive brochure that describes
services available and roadmap for
accessing healthcare.
Company name, center
name, logo, photo selection,
hours, location, phone
number, center-specific
FAQ responses
22
Welcome Package Envelope 9x12" window envelope Company or center logo
Magnet 4 color, business card size magnet
Company name, center
name, logo, location, phone
number
Open House Postcard 4x6" jumbo 4 color postcard
invitation to open house
Company name, center
name, logo, photo selection,
hours, location, phone
number, open house date
and time
Slim Jim 3x8" 4 color rack card, services
overview
Company name, center
name, logo, photo selection,
hours, location, phone
number, center-specific
FAQ responses
Meet the Staff 4 color, 8.5x11" flyer
Staff photos, bios,
company/center name,
logo, hours, location, phone
number
Open House Tours, Marathon Health information
table, organize staff participation
Open House Raffle Prize
Gift basket of wellness/health
related items--fitness or healthy
cooking themes
Standard
Open House Giveaways Marathon Health branded giveaways
such as pens, jump ropes, lip balm Standard
Wall Hangings (15)
4 color, 24x36" posters (clings or
framed) with health and wellness
reminders and services overviews
Standard
23
Schedule B
FEES AND PAYMENT SCHEDULE
Service fees:
Fees for the initial year of this agreement are as follows:
Annual Service Fee ....................................................................................... $200,173
Fees for optional services:
Onsite Pre-Packaged Pharmaceuticals ........................................................... At cost
For drugs paid for directly by the Client. No additional fees are charged for drugs
paid for by patients or through health plan claims.
Flu vaccinations ................................................................................... At current rates
Includes the acquisition of the vaccine and supplies for administering in the
health center by existing staff (excludes the administering through a mass flu
clinic).
Additional Services ............................................................................ At current rates
Fees for services requested beyond the scope outlined in the schedules above
will be billed at Marathon’s then current standard rates, and may require
authorization via a Statement of Work executed by the Client. Additional service
days’ onsite are billed at a minimum of eight (8) hours per day for each day
requested, and Client shall reimburse Marathon for all out-of-pocket expenses
incurred in connection with the services, including travel expenses. Marathon will
use reasonable efforts to adhere to Client’s travel reimbursement policy, if
provided by Client.
Payment schedule:
Service fees are invoiced and payable as follows:
- 1/12 of Annual Service Fees at beginning of each month of service
- Dispensed pharmaceutical charges, billable travel costs, Additional Services, and
other unexpected costs incurred as a result of service modifications requested by
Client as incurred.
At Risk Fees and Pay for Performance
10% of the Annual Service Fees for the initial three year term of this agreement are “at-
risk” to Marathon Health and are subject to achieving the performance metrics outlined
in the Marathon Health Pay for Performance Plan summarized in Schedule B1.
24
Schedule B1
PAY FOR PERFORMANCE PLAN
Triple Aim
The Marathon Health Pay for Performance Plan is based on achievement of key metrics
covering the three dimensions relating to optimizing healthcare delivery and overall
health of a population. The three dimensions are:
• Improving the Patient Experience
• Improving the Health of the Population
• Reducing the Per Capita Cost
The 10% of the annual base service fees for the initial three year term of this agreement
that are “at-risk” will be attributed to these three dimensions in the following manner:
Year
1
Year
2
Year
3
Improving the Patient Experience 2.5% 2.5% 2.5%
Improving the Health of the Population 5.0% 5.0% 5.0%
Reducing the Per Capita Cost 2.5% 2.5% 2.5%
Total 10% 10% 10%
Marathon’s performance, requirements of the Client and fee credits for each of the three
dimensions are detailed below. If the Client has not fulfilled all of its requirements for
any dimension during a given year, then no fee credit will be due the Client for that
dimension for that year.
25
IMPROVING THE PATIENT EXPERIENCE – PATIE NT SATISFACTION
Marathon’s Performance
Employees will rate whether they are satisfied with their overall experience with
Marathon Health using satisfaction surveys.
Fee Credits
The portion of at-risk fees attributable to Improving the Patient Experience will be
credited back to the Client in accordance with the following scale:
% of Employees Satisfied
or Very Satisfied
90+% 0% credited to Client
85+% 50% credited to Client
80+% 75% credited to Client
< 80% 100% credited to Client
26
IMPROVING THE HEALTH OF THE POPULATION – HEALTH OUTCOMES
Marathon’s Performance
Patients with the following risk conditions will achieve health improvements as follows:
% of Participants with the Condition
that Achieve the Results
Eligible Participants
with the Following
Conditions
Will Achieve the Following
Results
Minimum
target for
Year 1
Minimum
target for
Year 2
Minimum
Target for
Year 3
1 Systolic BP >= 140 Reduce by 12 mmHg or normal 30.0% 35.0% 40.0%
2 Diastolic BP >= 90 Reduce by 5 mmHg or normal 30.0% 35.0% 40.0%
3 Glucose > 100 Reduce 15% or normal 10.0% 12.5% 15.0%
4 Tot. Cholesterol > 200 Reduce 10% or normal 10.0% 12.5% 15.0%
5 LDL Cholesterol > 160 Reduce 10% or normal 10.0% 12.5% 15.0%
6 HDL Cholesterol M<40,
F<50 Increase 10% or normal 10.0% 12.5% 15.0%
7 Triglycerides > 200 Reduce 20% or normal range 10.0% 12.5% 15.0%
8 Overweight / Obesity Reduce weight 5% or BMI
normal 3.0% 4.0% 5.0%
9 Smokers Quit for at least 90 days 3.0% 4.0% 5.0%
Participants Under
Marathon’s Care with
the Following
conditions
Will Achieve the Following
Results
Minimum
target for
Year 1
Minimum
target for
Year 2
Minimum
Target for
Year 3
10 Diabetics Maintain average Hemoglobin
A1C <= 7.5 10.0% 12.5% 15.0%
11 Diabetics
At the standard of care (or not
applicable) for 5 out of 6:
• Pneumococcal at least once
• Influenza
• Hepatitis B at least once
• Self-Glucose Monitoring OR
Hemoglobin A1c Result
exists at least 2 times per 12
month period
• Foot Exam
• Eye Exam
75.0% 75.0% 75.0%
12 Asthmatics
At the standard of care (or not
applicable) for 5 out of 7:
• Influenza
• Pneumococcal at least once
• Use of inhaled corticosteroid
for those with persistent
Asthma
• Asthma Action Plan
• Use of a short acting
bronchodilator
• Spirometry resulted
• Medications appropriate for
severity
75.0% 75.0% 75.0%
The look-back period is 12 months in Year 1 and 18 months in subsequent years.
27
Fee Credits
The portion of at-risk fees attributable to Improving the Health of the Population will be
credited back to the Client in accordance with the following scale:
# of Categories from the Above
Table in Which the Minimum Target
was Reached
7-12 0% credited to Client
4-6 50% credited to Client
2-3 75% credited to Client
< 2 100% credited to Client
REDUCING THE PER CAPITA COST – REDUCE PMPM COST TREND
Marathon’s Performance
Client’s expected PMPM medical claims cost for the eligible population, net of fees paid
to Marathon, will be reduced as follows:
Year 1 Year 2 Year 3
Approximate
Gross Reduction 7% 11% 13%
Net Reduction
Target 0% 4% 6%
This is computed as follows:
• Client’s expected year 1 PMPM medical claims costs for the eligible population,
excluding large cost claimants of $50,000 or above, are agreed upon between
Marathon & Client.
• Expected year 2 PMPM costs are computed by increasing expected year 1 costs by
9% for medical inflation. Expected year 3 PMPM costs are computed by increasing
expected year 2 costs by 9% for medical inflation.
• Actual PMPM medical claims costs for each year, excluding large cost claimants of
$50,000 or above, are obtained and compared to the expected costs to arrive at the
Actual Gross Reduction in PMPM Cost.
• The Actual Gross Reduction in PMPM Cost is decreased by the PMPM fee paid to
Marathon to arrive at the Actual Net Reduction in PMPM Cost. The Actual Net
Reduction in PMPM Cost is divided by the expected PMPM cost for the year to
determine the Actual Net Reduction Percentage.
28
Fee Credits
The portion of at-risk fees attributable to Reducing the Per Capital Cost will be credited
back to the Client in accordance with the following scale:
Variance of Actual Net Reduction Percentage
from the Net Reduction Target
+/-1%
(e.g. 5%-7% reduction vs. a 6% target)
0% credited to Client
1%-3% under
(e.g. 3%-5% reduction vs. a 6% target)
50% credited to Client
3%-5% under
(e.g. 1%-3% reduction vs. a 6% target)
75% credited to Client
5+% under
(e.g. 1-% reduction vs. a 6% target)
100% credited to Client
Requirements of Client
For Marathon’s fees to be at-risk under this plan, the following requirements of the
Client apply:
• Facilitate an annual electronic satisfaction survey of employees within 60 days (+/-)
of the end of each contract year.
• A minimum of 40% of the eligible employee population must participate in a separate
mass health screening, including biometrics and health risk assessment, within 3
months (+/-) of the Commencement Date, and annually thereafter. Marathon can
arrange biometric screening services from its preferred partner to assist Client in
meeting this requirement.
• For use of the health center, if the Client requires high co-payments from
participants, requires employees to “punch out”, locates the health center offsite, or
has other significant restrictions on its use, then a minimum of 50% of the eligible
population must have at least one acute care or health coaching visit in the clinic
during each contract year.
• Provide information on PMPM medical claims cost and large cost claimants of
$50,000 or above for at least the 2 years immediately preceding year 1 of the
Agreement.
• Provide the expected PMPM medical claims cost, net of and large cost claimants of
$50,000 or above, for year 1, reflective of the impact of any health plan design
changes for that year.
29
• Provide information on PMPM medical claims cost and large cost claimants of
$50,000 or above within 60 days of the end of each contract year.
• The medical claims data referred to in Section 6.6 must be received as scheduled.
• Client must utilize Marathon Health branded or co-branded material in the pre-
launch communication as described in Schedule A.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4232
File ID: Type: Status: 2018-4232 Agenda Item Agenda Ready
1Version: Reference: In Control: Parks and
Recreation
10/16/2018File Created:
Final Action: CCG AgreementFile Name:
Title: Consider approval of the Coppell Community Garden Management
Agreement, as budgeted; and authorizing the City Manager to sign the
necessary documents.
Notes:
Agenda Date: 10/23/2018
Agenda Number: C.
Sponsors: Enactment Date:
Memo.pdf, Agreement.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4232
Title
Consider approval of the Coppell Community Garden Management Agreement, as budgeted;
and authorizing the City Manager to sign the necessary documents.
Summary
See attached memo.
Fiscal Impact:
Funds have been budgeted in Community Programs, Other Professional Services for this
agreement. 01-12-708-4220
Staff Recommendation:
The Parks and Recreation Department recommends approval.
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4232)
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 10/19/2018
1
MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Date: October 23, 2018
Reference: Consent for reapproval of Coppell Community Garden Management Agreement
and authorizing the City Manager to sign the necessary documents.
2030: Sense of Community
Special Place to Live
Community Wellness and Enrichment
Introduction:
The Coppell Farmers Market (CFM) is a vital community enterprise with the Main Street Coppell
Development, creating energy and vitalization in the Old Coppell area. It has become an integral part
of the Coppell 2030 Vision and Coppell Living Well in Coppell initiative, bringing healthy local food
options, a social outlet and gathering opportunities to the citizens of Coppell. With the Council goal
to maintain the Coppell Farmers Market as one of the best in the region, the Coppell Community
Garden Corp (CCGC) was authorized additional City support to ensure continued successful market
management.
Analysis:
The purpose of this consent item is to approve the annual Management Agreement and funding for
the CCGC. The funds allocated by the City to the nonprofit will remain unchanged with the 18-19
agreement. Managed by volunteers and operating 40 plus days/year, the market has far surpassed
estimated increases in customer attendance since the move to the pavilion in April of 2014
(attendance 2000/market day). In order for the market to continue to surpass the expectations of the
community and have sustainable success, non-profit contractual services for a Market Manager
were completed to remove the increased workload of the volunteers. This CFM strategic plan
budget item was approved by Council in the FY 15-16 budget and has been implemented since to
ensure the stability and success of the CFM.
The current Market Manager has been in place for over two years and has significantly contributed
to, and helped sustain the high standards set by the CCGC that have placed the market as one of the
2
best in the region. The Market Manager has also established operating procedures and processes
that will ensure continuity in operations into the future.
Legal Review:
Legal review completed by Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
Fiscal Impact:
The City of Coppell currently provides $25,000 quarterly to the Coppell Community Garden
Corporation. The Management Agreement is established at $100,000 annually for the Market
Manager services, as well as supplies and resource support for both the Coppell Farmers Market and
Coppell Community Garden programs.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4220
File ID: Type: Status: 2018-4220 Agenda Item Agenda Ready
1Version: Reference: In Control: Parks and
Recreation
10/15/2018File Created:
Final Action: Cemetery ExpansionFile Name:
Title: Consider approval of award of a professional services agreement with MKEC
Engineering, Inc., in the amount of $591,580.00; as provided for in the bond
proceeds; to develop plans and specifications for the Rolling Oaks Memorial
Center Expansion Project; and authorizing the City Manager to sign all
necessary documents.
Notes:
Agenda Date: 10/23/2018
Agenda Number: D.
Sponsors: Enactment Date:
Memo.pdf, Agreement.pdf, Site Plan.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4220
Title
Consider approval of award of a professional services agreement with MKEC Engineering,
Inc., in the amount of $591,580.00; as provided for in the bond proceeds; to develop plans and
specifications for the Rolling Oaks Memorial Center Expansion Project; and authorizing the City
Manager to sign all necessary documents.
Summary
See attached memo
Fiscal Impact:
The fiscal impact of this agenda item is $591,580.00 as provided for in the bond proceeds.
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4220)
Staff Recommendation:
Approval recommended.
Goal Icon:
Community Wellness and Enrichment
Page 2City of Coppell, Texas Printed on 10/19/2018
1
MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Parks and Recreation Director
Date: October 23, 2018
Reference: Consider approval of award of a professional services agreement with MKEC
Engineering, Inc., in the amount of $591,580.00, to develop plans and specifications
for the Rolling Oaks Memorial Center Expansion Project and authorizing the City
manager to sign all necessary documents.
2030: Community Wellness and Enrichment: Excellent and Well-Maintained City
Infrastructure and Facilities
Introduction:
The City Council approved the Rolling Oaks Memorial Cemetery Master Plan in the May 9, 2017
meeting. The February 27, 2018 Council meeting included an update and discussion on the master
plan to establish the options and features to be included in the phase II expansion.
The next step in the process is the award of a professional services contr act with MKEC Engineering,
Inc., to develop plans and specifications for this project. MKEC has partnered with Tim Hansen,
ASLA, Landscape Architect who together have provided services to over 250 cemeteries, many of
them municipal in the past 30 years. They have established a construction and development
relationship with Service Corporation International (SCI), world’s largest funeral and cemetery
corporation. Their experience with SCI has provided them with insights into operations, policies, and
standards that few consultants have. SCI is the parent company of the Rolling Oaks Funeral Home.
Analysis:
The current capacity of the developed property is 3,937 adult single depth burials, 268 infant spaces
and 485 columbarium niches for a total phase one capacity of approximately 4,700 spaces (double
depth burials were approved as an option in 2015). Fifty two percent of the total available burial rights
is sold to date. The average number of spaces sold in 2014 and 2015 is 7 17. If this trend continues the
remaining 2440 burial rights would be sold by the year 2020. However, the sold properties and niches
have been what families have considered the most desirable property options that the Rolling Oaks
Memorial Center offers. The remaining ground spaces are in locations near Freeport Pkwy. or distant
2
from trees and other site amenities making them “remaining” choice properties. Columbarium niches
are structured 10 levels high and either single or double space. The middle levels and double niches
are selling first, once again leaving fewer preferred options for future families.
Numerous families, denominational and cultural groups have expressed an interest in burial options
that are not currently available at ROMC including:
• Private family estates
• Family mausoleums
• Community mausoleums
• Denominational and nondenominational gardens
• Cultural gardens
• Prayer chapel
• Statues
• Committal chapel
• Outdoor cremation niches
The revised master plan includes the burial options and amenities that have been identified by the
community and that are current industry offerings. The next phase expansion project takes advantage
of the existing infrastructure to minimize costs but achieve the goal of adding desired amenities and
provides the flexibility to modify gardens to accommodate estates of various configurations.
Legal Review:
The attached agreement was reviewed and approved by legal counsel.
Fiscal Impact:
The fiscal impact of this agenda item is $591,580.00 as provided for in the bond proceeds.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
Professional Services Agreement: Rolling Oaks Memorial Expansion Project Page 1
TM 103153
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made as of the
Effective Date by and between MKEC Engineering, Inc., hereinafter called "ENGINEER" or
“MKEC”, and the City of Coppell, Texas, hereinafter called "OWNER" or “City”.
RECITALS
WHEREAS, OWNER desires ENGINEER to perform certain work and services set forth
in Section 1, Scope of Services.
WHEREAS, ENGINEER has expressed a willingness to perform said work and services,
hereinafter referred to only as "services", specified in said Scope of Services, and enumerated
under Section 1, of this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and promises made one to
the other herein, OWNER and ENGINEER agree as follows:
Section 1. Scope of Services
Upon issuance of a written Notice to Proceed by OWNER, ENGINEER agrees to provide to
OWNER the necessary professional engineering services related to the preparation of plans and
specifications for the Rolling Oaks Memorial Center Expansion Project as set forth in the Scope
of Services attached hereto as Attachment “A” and incorporated herein by reference (“the Scope
of Services”).
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”)
and shall continue until ENGINEER completes the services required herein to the satisfaction of
OWNER, unless sooner terminated as provided in Section 8, below.
Section 3. Engineer Obligations
A.ENGINEER shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should OWNER require additional services not
included under this Agreement, ENGINEER shall make reasonable effort to provide such
additional services at mutually agreed charges or rates, and within the time schedule prescribed by
OWNER; and without decreasing the effectiveness of the performance of services required under
this Agreement.
B. To the extent reasonably necessary for ENGINEER to perform the services under
this Agreement, ENGINEER shall be authorized to engage the services of any agents, assistants,
persons, or corporations that ENGINEER may deem proper to aid or assist in the performance of
the services under this Agreement with the prior written approval of OWNER. The cost of such
personnel and assistance shall be a reimbursable expense to ENGINEER only if authorized in
writing in advance by OWNER.
Professional Services Agreement: Rolling Oaks Memorial Expansion Project Page 2
TM 103153
C.ENGINEER shall furnish and pay for all labor, tools, materials, equipment,
supplies, transportation and management necessary to perform all services set forth in the Scope
of Services.
Section 4. Payment
A. OWNER agrees to pay ENGINEER for all services authorized in writing and
properly performed by ENGINEER in accordance with the Payment Schedule set forth in
Attachment “A,” attached hereto and incorporated herein by reference, subject to additions or
deletions for changes or extras agreed upon in writing. All fees paid to ENGINEER by OWNER
shall be based on invoices submitted by ENGINEER for work performed monthly by ENGINEER,
less any previous payments. Payments shall be made within 30 days of receipt of invoice by
OWNER.
B. OWNER reserves the right to delay, without penalty, any partial payment when, in
the opinion of OWNER, ENGINEER has not made satisfactory progress on the design of this
Project based on the Scope of Services and the Completion Schedule Estimate.
C. The Total Base Contract Fee shall not exceed $591,580. OWNER may deduct from
any amounts due or to become due to ENGINEER any sum or sums owing by ENGINEER to
OWNER. In the event of any breach by ENGINEER of any provision or obligation of this
Agreement, or in the event of the assertion by other parties of any claim or lien against OWNER,
or the OWNER's premises, arising out of ENGINEER's performance of this Agreement, OWNER
shall have the right to retain out of any payments due or to become due to ENGINEER an amount
sufficient to completely protect the OWNER from any and all loss, damage or expense therefrom,
until the breach, claim or lien has been satisfactorily remedied or adjusted by ENGINEER.
Section 5. Responsibilities
A.ENGINEER shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications, plans and other services furnished by
ENGINEER under this Agreement. ENGINEER shall, without additional compensation, correct
or revise any errors or deficiencies in the design, drawings, specifications, plans and other services.
B. Neither OWNER's review, approval or acceptance of, nor payment for any of the
services required under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this Agreement,
and ENGINEER shall be and remain liable to OWNER in accordance with applicable law for all
damages to OWNER caused by ENGINEER's negligent performance of any of the services
furnished under this Agreement.
C. The rights and remedies of OWNER under this Agreement are as provided by law.
Section 6. Time For Performance
A.ENGINEER shall perform all services as provided for under this Agreement in a
proper, efficient and professional manner in accordance with OWNER's requirements. As time is
Professional Services Agreement: Rolling Oaks Memorial Expansion Project Page 3
TM 103153
of the essence of this Agreement, such services shall be completed within ninety (90) calendar
days after written Notification to Proceed from OWNER to ENGINEER, exclusive of OWNER
and other governmental review time.
B. In the event ENGINEER's performance of this Agreement is delayed or interfered
with by acts of the OWNER or others, ENGINEER may request an extension of time for the
performance of same as hereinafter provided, but shall not be entitled to any increase in fee or
price, or to damages or additional compensation as a consequence of such delays.
C. No allowance of any extension of time, for any cause whatever, shall be claimed or
made to ENGINEER unless ENGINEER shall have made written request upon OWNER for such
extension within forty-eight (48) hours after the cause for such extension occurred, and unless
OWNER and ENGINEER have agreed in writing upon the allowance of additional time to be
made.
Section 7. Documents
A.All surveys, studies, proposals, applications, drawings, plans, specifications and
other documents, including those in electronic form, prepared by ENGINEER and its consultants,
subcontractors, agents, representatives, and/or employees in connection with this Agreement
(“Project Documents”) are intended for the use and benefit of OWNER. ENGINEER and its
consultants, subcontractors, agents, representatives, and/or employees shall be deemed the authors
of their respective part of the Project Documents. Notwithstanding, OWNER shall own, have,
keep and retain all rights, title and interest in and to all Project Documents, including all ownership,
common law, statutory, and other reserved rights, including copyrights (except copyrights held by
the ENGINEER) in and to all Project Documents, whether in draft form or final form, which are
produced at OWNER’s request and in furtherance of this Agreement. OWNER shall have full
authority to authorize contractor(s), subcontractors, sub-subcontractors, OWNER consultants, and
material or equipment suppliers to reproduce applicable portions of the Project Documents to and
for use in their execution of the work or for any other purpose. All materials and reports prepared
by ENGINEER in connection with this Agreement are “works for hire” and shall be the property
of OWNER. OWNER shall have the right to publish, disclose, distribute and otherwise use Project
Documents in accordance with the Engineering Practice Act of the State of Texas (Texas
Occupation Code, Chapter 1001, as amended) and/or Texas Occupations Code, Chapter 1051, as
amended. ENGINEER shall, upon completion of the services and full payment for the
ENGINEER’S services by the OWNER, or earlier termination and appropriate compensation as
provided by this Agreement, provide OWNER with reproductions of all materials, reports, and
exhibits prepared by ENGNIEER pursuant to this Agreement in a TIFF, JPEG or PDF format, and
a DXF format in current version of AutoCAD with NAD-83 coordinate format of all such
instruments of service to the OWNER.
B. All instruments of service (including plans, specifications, drawings, reports,
designs, computations, computer programs, estimates, surveys, other data or work items, etc.)
prepared under this Agreement shall be submitted for approval of OWNER. All instruments of
service shall be professionally sealed as may be required by law or by OWNER.
C. Acceptance and approval of the Project Documents by OWNER shall not constitute
nor be deemed a release of the responsibility and liability of ENGINEER, its employees,
Professional Services Agreement: Rolling Oaks Memorial Expansion Project Page 4
TM 103153
associates, agents and Engineers for the accuracy or competency of their designs, working
drawings and specifications, or other documents and work; nor shall such approval be deemed to
be an assumption of such responsibility by OWNER for any defect in the designs, working
drawings and specifications, or other documents prepared by ENGINEER, its employees,
contractor, agents and engineers.
Section 8. Termination
A.OWNER may suspend or terminate this Agreement for cause or without cause at
any time by giving written notice to ENGINEER. In the event suspension or termination is without
cause, payment to ENGINEER, in accordance with the terms of this Agreement, will be made on
the basis of services reasonably determined by OWNER to be satisfactorily performed to the date
of suspension or termination. Such payment will be due upon delivery of all instruments of service
to OWNER.
B. Should OWNER require a modification of this Agreement with ENGINEER, and
in the event OWNER and ENGINEER fail to agree upon a modification to this Agreement,
OWNER shall have the option of terminating this Agreement and ENGINEER's services
hereunder at no additional cost other than the payment to ENGINEER, in accordance with the
terms of this Agreement, for the services reasonably determined by OWNER to be properly
performed by ENGINEER prior to such termination date.
Section 9. Insurance
A.ENGINEER shall during the term hereof maintain in full force and effect the following
insurance:
(i) a comprehensive general liability policy of insurance for bodily injury,
death and property damage insuring against all claims, demands or actions relating to the
ENGINEER’s performance of services pursuant to this Agreement with a minimum
combined single limit of not less than $2,000,000.00 per occurrence for injury to persons
(including death), and for property damage;
(ii) an automobile liability insurance policy covering any vehicles owned
and/or operated by ENGINEER, its officers, agents, and employees, and used in the
performance of this Agreement with policy limits of not less than $1,000,000.00 combined
single limit and aggregate for bodily injury and property damage;
(iii) statutory Worker’s Compensation Insurance at the statutory limits and
Employers Liability covering all of ENGINEER’s employees involved in the provision of
services under this Agreement with policy limit of not less than $1,000,000.00; and
(iv) Professional Liability covering negligent acts, errors and omissions in the
performance of professional services with policy limit of not less than $1,000,000.00 per
claim and $3,000,000.00 in the aggregate.
B. All insurance and certificate(s) of insurance shall contain the following provisions:
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(i) name the CITY, its officers, and employees as additional insureds as to all
applicable coverage with the exception of Workers Compensation Insurance and
Professional Liability;
(ii) provide for at least thirty (30) days prior written notice to the CITY for
cancellation of the insurance; and
(iii) provide for a waiver of subrogation against the CITY for injuries, including
death, property damage, or any other loss to the extent the same is covered by the proceeds
of insurance, except for Professional Liability Insurance.
C. All insurance companies providing the required insurance shall be authorized to
transact business in Texas and rated at least “A” by AM Best or other equivalent rating service.
D. A certificate of insurance evidencing the required insurance and all endorsements shall
be delivered to CITY prior to commencement of services.
Section 10. Indemnification.
ENGINEER HEREBY COVENANTS AND CONTRACTS TO WAIVE ANY AND
ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS OWNER, ITS CITY
COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL
LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS,
CAUSED BY OR RESULTING FROM THE NEGLIGENCE, INTENTIONAL TORT,
INTELLECTURAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY ENGINEER, ITS AGENT, ITS
CONSULTANT UNDER CONTRACT, OR ANY OTHER ENTITY OVER WHICH
ENGINEER EXERCISES CONTROL, SUBJECT TO THE LIMITATIONS IN TEXAS
LOCAL GOVERNMENT CODE §271.904 AND TEXAS CIVIL PRACTICE AND
REMEDIES CODE, §130.002(b). INDEMNIFIED ITEMS SHALL INCLUDE
REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS, AND SETTLEMENT
COSTS IN PROPORTION TO THE PROFESSIONAL’S LIABILITY. The ENGINEER’S
OBLIGATIONS UNDER THIS SECTION 10 SHALL NOT BE LIMITED TO THE LIMITS
OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED
BY ENGINEER UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
Section 11. Assignment
ENGINEER shall not assign or sublet this Agreement, or any part thereof, without the prior
written consent of OWNER.
Section 12. Applicable Laws
ENGINEER shall comply with all Federal, State, County and Municipal laws, ordinances,
regulations, safety orders, resolutions and building codes relating or applicable to services to be
performed under this Agreement. The laws of the State of Texas shall govern this Agreement; and
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venue for any action concerning this Agreement shall be in the State District Court of Dallas
County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said
court.
Section 13. Default of Engineer
In the event ENGINEER fails to comply or becomes disabled and unable to comply with
the provisions of this Agreement as to the quality or character of the service or time of
performance, and the failure is not corrected within ten (10) days after written notice by OWNER
to ENGINEER, OWNER may, at its sole discretion without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any further
consideration to ENGINEER except for all work determined by OWNER to be
satisfactorily completed prior to termination. Payment for work satisfactorily completed
shall be for actual costs, including reasonable salaries and travel expenses of ENGINEER
to and from meetings called by OWNER at which ENGINEER is required to attend, but
shall not include any loss of profit of ENGINEER and shall in no case exceed the maximum
amount to be paid in accordance with Section 4, above. In the event of such termination,
OWNER may proceed to complete the services in any manner deemed proper by OWNER,
either by the use of its own forces or by subletting to others.
B. OWNER may, without terminating this Agreement or taking over the services,
furnish the necessary materials, equipment, supplies and/or help necessary to remedy the
situation, at the expense of ENGINEER.
Section 14. Adjustments in Services
No claims for extra services, additional services or changes in the services will be made by
ENGINEER without a written agreement with OWNER prior to the performance of such services.
Section 15. Execution becomes Effective
This Agreement will be effective upon execution of the Agreement by and between
ENGINEER and OWNER.
Section 16. Agreement Amendments
This Agreement contains the entire understanding of the Parties with respect to the subject
matter hereof. There are no oral understandings, statements or stipulations bearing upon the
meaning or effect of this Agreement which have not been incorporated herein. This Agreement
may only be modified, amended, supplemented or waived by a written instrument executed by the
parties except as may be otherwise provided therein.
Section 17. Severability.
In the event any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
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unenforceability shall not affect any other provisions, and the Agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained in it.
Section 18. Independent Contractor.
It is understood and agreed by and between the Parties that ENGINEER in satisfying the
conditions of this Agreement is acting independently and that the OWNER assumes no
responsibility or liabilities to any third party in connection with ENGINEER’s actions. All
services to be performed by ENGINEER pursuant to this Agreement shall be in the capacity of an
independent contractor, and not as an agent or employee of OWNER. ENGINEER shall supervise
the performance of its services and shall be entitled to control the manner and means by which its
services are to be performed, subject to the terms of this Agreement. There is no intended third
party beneficiary to this Agreement.
Section 19. Right-Of-Access.
OWNER will obtain and/or furnish right-of-access on any project site for ENGINEER to
perform any required studies, surveys, tests or other necessary investigations in relation to any
Task Order. ENGINEER will take reasonable precautions to minimize damage to the personal or
real property in the performance of such surveys, tests, studies and investigations.
Section 20. Notice.
Any notice required or permitted to be delivered hereunder may be sent by first class mail,
overnight courier or by confirmed telefax or facsimile to the address specified below, or to such
other party or address as either party may designate in writing, and shall be deemed received three
(3) days after delivery set forth herein:
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If to OWNER:
(Physical Address)
(Mailing address):
(With copy to):
Director of Parks and Recreation
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
P.O. Box 9478
Coppell, TX 75019
Robert E. Hager
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
If to ENGINEER: _________________________
MKEC Engineering, Inc.
411 N. Webb Road
Wichita, KS 67206
Section 21. Counterparts.
This Agreement may be executed by the parties hereto in separate counterparts, each of
which when so executed and delivered shall be an original, but all such counterparts shall together
constitute one and the same instrument. Each counterpart may consist of any number of copies
hereof each signed by less than all, but together signed by all of the parties hereto.
Section 22. Exhibits and Attachments.
The exhibits and/or attachments attached hereto are incorporated herein and made a part
hereof for all purposes. To the extent there is a conflict between this Agreement and an exhibit
and/or attachment, the terms of this Agreement shall prevail.
Section 23. Survival of Obligations.
Any of the representations and obligations of the parties, as well as any rights and benefits
of the parties pertaining to a period of time following the termination of this Agreement shall
survive termination.
Section 24. Prohibition of Boycott Israel.
ENGINEER verifies that it does not Boycott Israel, and agrees that during the term of this
Agreement will not Boycott Israel as that term is defined in Texas Government Code Section
808.001, as amended.
(Signature page to follow)
Executive Vice President
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates
indicated below.
OWNER: ENGINEER:
City of Coppell, Texas MKC Engineering, Inc.
By: __________________________By:______________________________
Mike Land,
City Manager By: __________________________
Date:___________________________
ATTEST:
Date:______________________________
______________________________
Christal Petinos, City Secretary
APPROVED AS TO FORM:
______________________________
Robert E. Hager, City Attorney
Matt Bengtson
10/16/2018
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Attachment A – Scope of Services
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Attachment “A” to Professional Services Agreement: Rolling Oaks Expansion Project Page 1
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Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4235
File ID: Type: Status: 2018-4235 Agenda Item Agenda Ready
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: Arts Center Materials TestingFile Name:
Title: Consider approval of a contract with Kleinfelder, Inc. to provide materials
engineering and testing services for the Coppell Arts Center construction
project, in an amount of $93,275.00, as provided for in the bond proceeds;
and authorize the City Manager to sign all necessary documents.
Notes:
Agenda Date: 10/23/2018
Agenda Number: E.
Sponsors: Enactment Date:
1 Art Center-Kleinfelder Contract Memo.pdf, 2
Kleinfelder Agreement.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 10/23/2018City Council
Text of Legislative File 2018-4235
Title
Consider approval of a contract with Kleinfelder, Inc. to provide materials engineering and
testing services for the Coppell Arts Center construction project, in an amount of $93,275.00,
as provided for in the bond proceeds; and authorize the City Manager to sign all necessary
documents.
Summary
Fiscal Impact:
The fiscal impact of this contract approval is $93,275.00, as provided for in the bond proceeds.
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4235)
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 10/19/2018
1
MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Date: October 23, 2018
Reference: Materials Testing Contract for Coppell Arts Center
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
• Scope of Coppell Art Center includes the construction of the building, vehicular
paving, utilities and landscaping.
• Planned start of construction Fall 2018
• Estimated completion first quarter 2020
• Materials testing services are required to ensure compliance with specifications
Introduction:
This agenda item is to consider approval of a contract with Kleinfelder, Inc. to provide materials
engineering and testing services on the Coppell Arts Center construction project with a contract value
of $93,275.00, to be funded through bond proceeds.
Analysis:
Kleinfelder was one of the firms that was placed on the city’s approved consultant list following a
request for statement of qualifications (SOQ) process completed in 2017. The Kleinfelder team is
familiar with the elements of this project as well as best practices to ensure proper testing of the
materials utilized and placed during construction. The cost of the materials testing equates to
approximately 0.5% of the estimated construction cost.
Legal Review:
This is a standard contract form utilized on previous agreement with Kleinfelder. A Master Services
Agreement is in place with Kleinfelder.
2
Fiscal Impact:
The fiscal impact of this contract approval is $93,275.00, as provided for in the bond proceeds.
Recommendation:
The Engineering Department recommends approval of this contract with Kleinfelder, Inc.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4228
File ID: Type: Status: 2018-4228 Agenda Item Agenda Ready
1Version: Reference: In Control: Fire
10/16/2018File Created:
Final Action: Fire UniformsFile Name:
Title: Consider approval of award RFB# Q-1019-02 for the Fire Department
clothing contracts with Five Star Embroidery and Gall’s, with an annual
purchase amount of $75,355.00; as budgeted; and authorizing the City
Manager to sign.
Notes:
Agenda Date: 10/23/2018
Agenda Number: F.
Sponsors: Enactment Date:
Staff Memo-FD Clothing Contracts.pdf, 2018 RFB Fire
Department Clothing Contract.pdf, Total Vendor
Amounts per Specs.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 10/23/2018City Council
Text of Legislative File 2018-4228
Title
Consider approval of award RFB# Q-1019-02 for the Fire Department clothing contracts with
Five Star Embroidery and Gall’s, with an annual purchase amount of $75,355.00; as budgeted;
and authorizing the City Manager to sign.
Summary
This agenda item is being presented for approval to award material purchase contracts to Five
Star Embroidery and Gall’s for the purchase of Fire Department clothing.
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4228)
The fiscal impact of this Agenda item is $75,355.00. The funds are budgeted in the Fire
Departments annual budget for FY18-19.
Staff Recommendation:
The Fire Department recommends approval of the contracts with Five Star Embroidery and
Gall’s.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 10/19/2018
MEMORANDUM
TO: Mayor and City Council
FROM: Kevin Richardson, Fire Chief
DATE: October 9, 2018
RE: Fire Department Clothing Contracts
General:
• We received 4 bids.
• Two vendors were selected to provide the best value and service to the Fire
Department.
• This contract will cover yearly replacements for worn, damaged or contaminated
Fire Departments clothing as well as new clothing for new hires.
Introduction:
This agenda item is being presented for approval to award material purchase contracts to
Five Star Embroidery and Gall’s for the purchase of Fire Department clothing.
Analysis:
Every fiscal year the Fire Department budgets for the replacement of worn, damaged or
contaminated clothing as well as new clothing for new hires joining the department. In
the past two years, several changes had been made to the make, model or design of
several of the clothing items the department wears. Further, other apparel items were no
longer under contract pricing. Additionally, the service and pricing provided by one
vendor no longer met with the departments purchasing needs.
As such, on September 14, 2018 an RFB was issued through Bid Sync. On October 4,
2018, the city received 4 bids for supplying various clothing and clothing accessories to
meet the specific needs and requirements for the Fire Department. Upon review by
Purchasing and Fire Department Administrative personnel it was determined that entering
into contracts with Five Star Embroidery and Gall’s would allow for the best value and
service to the department. The existing contracts for clothing will be expired, and we will
enter into a new contract with Fire Star Embroidery and Gall’s. Five Star Embroidery
will act as the primary supplier for all items bid upon in the RFB, while Gall’s will act as
the primary supplier for all other items on the RFB and as a secondary supplier as
needed. The estimated annual purchase amount to both vendors is $75,355.00, which is
budgeted in FY18-19.
Legal Review:
The City’s standard purchasing contract has been reviewed by legal periodically, with
changes made as requested.
Fiscal Impact:
The fiscal impact of this Agenda item is $75,355.00. The funds are budgeted in the Fire
Departments annual budget for FY18-19.
Recommendation:
The Fire Department recommends approval of the contracts with Five Star Embroidery
and Gall’s.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 1
INVITATION TO BID
INSTRUCTIONS/TERMS OF CONTRACT
SPECIFICATIONS
BID SHEET(S)
FOR
FIRE DEPARTMENT UNIFORMS
PER
THE CITY OF COPPELL SPECIFICATIONS
AT
THE CITY OF COPPELL
TOWN CENTER
PURCHASING DEPARTMENT
OPENING DATE: Thursday, October 4, 2018, 10:00 A.M.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
INVITATION TO BID
Return Bid To: City of Coppell
Purchasing Department
255 Parkway Blvd.
Coppell, Texas 75019
The enclosed Invitation to Bid and accompanying Specifications with Bid Sheets are for your convenience
in bidding the enclosed referenced products and/or services for the City of Coppell. Sealed bids shall be
received no later than: Thursday, October 4, 2018, 10:00 A.M. CST.
PRE-BID MEETING
The City of Coppell will have a Pre-bid meeting Thursday, September 27, 2018, 10:00 A.M., CST at: 255
Parkway Blvd, Coppell, TX 75019.
Please reference Bid No. Q-1019-02 in all correspondence pertaining to this bid and affix this number to
outside front of bid envelope for identification. All bids shall be to the attention of the Purchasing
Department.
The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids must be
received at the designated location by the deadline shown. Bids received after the deadline will be
returned unopened and shall be considered void and unacceptable. Bid opening is scheduled to be held in
the City Hall, 255 Parkway Boulevard, Coppell, Texas. You are invited to attend.
If Bidder desires not to bid at this time, but wishes to remain on the commodity bid list, please submit a
"NO BID" response (same time/location). The City of Coppell is always very conscious and extremely
appreciative of the time and effort expended to submit a bid. However, on "NO BID" responses please
communicate any bid requirement(s) which may have influenced your decision to "NO BID."
If response is not received in the form of a "BID" or "NO BID" for three (3) consecutive Invitation to Bid,
Bidder shall be removed from said bid list. However, if you choose to "NO BID" at this time but desire to
remain on the bid list for other commodities, please state the specific product/service for which your firm
wishes to be classified.
Awards should be made approximately three weeks following the bid opening date. To obtain results, or
if you have any questions, please contact the Purchasing Department at 972 -304-3698.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
INVITATION TO BID
INSTRUCTIONS/TERMS OF CONTRACT
BID NO. Q-1019-02
FIRE DEPARTMENT UNIFORMS
By order of the City Council of the City of Coppell, Texas, sealed bids will be received for:
FIRE DEPARTMENT UNIFORMS
TO PROVIDE for an annual Contract commencing thirty (30) days after the date of the award and
continuing for twelve month period. The City of Coppell, reserves the right to extend this contract for four
(4) additional one-year periods as it deems to be in the best interest of the city.
IT IS UNDERSTOOD that the City Council of the City of Coppell, Texas reserves the right to reject any
and/or all bids for any/or all products and/or services covered in this bid request and to waive informalities
or defects in bids or to accept such bids as it shall deem to be in the best interests of the City of Coppell.
BIDS MUST BE submitted on the pricing forms included for that purpose in this packet. Each bid shall
be placed in a separate sealed envelope, with each page manually signed by a person having the
authority to bind the firm in a Contract, and marked clearly on the outside as shown below.
FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED!
SUBMISSION OF BIDS: Sealed bids shall be submitted no later than Thursday, October 4, 2018,
10:00 A.M., Central Time to the address as follows:
City of Coppell
Purchasing Department
255 E. Parkway Blvd.
Coppell, Texas 75019
MARK ENVELOPE: BID NO. Q-1019-02
ALL BIDS MUST BE RECEIVED IN THE CITY'S PURCHASING DEPARTMENT
BEFORE 10:00 A.M., CST, THURSDAY, OCTOBER 4, 2018
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
Closing Date & Time: Thursday, October 4, 2018 @ 10:00 A.M.
(CST)
Solicitation Schedule Dates
Bid Issued 9/14/18
Pre-Bid Conference 9/27/18 – 10:00 A.M.
Sealed Bids Due to the City 10/04/18 – 10:00 A.M.
All times and dates are CST.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act
of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign
interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to
the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals
make request 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).
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6
REQUIRED INFORMATION: The City of Coppell solicitation packets contain various documents that
require completion by the Offeror. Said information must be completed prior to the date and time set for
the solicitation opening and shall be included with the submittal packet in order to be considered a
responsive Offeror.
DEFINITIONS:
a. “Bidder” refers to the submitter.
b. “Contractor” refers to a successful Bidder/contractor/service provider.
c. “Submittal” refers to those documents, which must be submitted to the City of Coppell by
a Bidder.
d. “RFB” refers to a Request for Bids.
e. “RFQ” refers to a Request for Qualifications.
f. “RFP” refers to a Request for Proposals.
SUBMISSION OF RFB/RFQ/RFP:
RFB/RFQ/RFP’s may be submitted to the City of Coppell by any of the following means:
g. Hand carried to the Purchasing Department located at the City of Coppell/City Hall, 255
E. Parkway Blvd., Coppell, Texas 75019;
h. Mailed to the City of Coppell, Purchasing Department, at 255 Parkway Blvd., Coppell,
Texas 75019;
i. No oral, electronic, telephonic, or facsimile RFBs will be considered or accepted.
OFFICIAL TIME: The time clock in the City of Coppell Purchasing Department shall be the official time
of receipt for all RFB/RFQ/RFP’s submitted in hard copy paper form. Any late submittals received in the
Coppell Purchasing Department after the submission deadline shall be considered void and unacceptable.
Absolutely no late submittals will be considered.
INCLEMENT WEATHER: In case of inclement weather or any other unforeseen event causing the City to
close for business on the date a submission deadline, the RFB/RFQ/RFP closing will automatically be
postponed until the next business day the City is open. If inclement weather conditions or any other unforeseen
event causes delays in carrier service operations, the City may issue an addendum to all known vendors
interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the City of
their interest in the project if these conditions are impacting their ability to turn in a submission within the stated
deadline. The City reserves the right to make the final judgment call to extend any deadline.
BID NOTIFICATION: City of Coppell utilizes the following procedures for notification of bid
opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of
notification authorized by the city. Coppell shall not be responsible for receipt of notification and
information from any source other than those listed. It shall be the vendor’s responsibility to verify the
validity of all bid information received by sources other than those listed.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7
BID OPENINGS: All submittals will be opened and presented according to the legal requirements for the
type of solicitation (i.e. request for bid, request for proposal, competitive sealed proposal) at the designated
time and place specified in the solicitation. However, the reading of a quote at the opening should not be
construed as a comment on the responsiveness of such quote or as any indication that the City accepts such
quote as responsive. The City will make a determination as to the responsiveness of quotes submitted based
upon compliance with all applicable laws, City Purchasing Guidelines, and project documents, including
but not limited to the project specifications and contract documents. The City will notify the successful
Bidder upon award of the contract and all requests for quotes received will be available for inspection after
award.
FUNDING: Funds for payment have been provided through the City of Coppell budget approved by the
City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of
public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or
other obligations that may arise past the end of the current fiscal year shall be subject to budget approval.
LATE BIDS: Bids received in the City of Coppell Purchasing Department after submission deadline will
be considered void and unacceptable. The City of Coppell is not responsible for lateness or non-delivery
of mail, carrier, etc., and the date/time stamp in the Purchasing Department shall be the official time of
receipt.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineation,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the Bidder without the permission
of the City for a period of ninety (90) days following the date designated for the receipt of bids, and Bidder
so agrees upon submittal of their bid.
SALES TAX: The City of Coppell is exempt by law from payment of Texas State Sales Tax and Federal
Excise Tax pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax
Act. Bidder shall include any sales taxes from concession sales of taxable items on City property in the
total price of the sale, and shall be responsible to report and pay such taxes in a timely manner.
Any Contractor performing work under this contract for the City of Coppell may purchase materials and
supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates
to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09.
CONTRACT: This bid, when properly accepted by the City of Coppell, shall constitute a Contract equally
binding between the successful Bidder and the City. No different or additional terms will become a part of
this Contract with the exception of Change Orders.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8
CHANGE ORDERS: No oral statement of any individual shall modify or otherwise change, or affect the
terms, conditions or Specifications stated in the resulting Contract. All Change Orders to the Contract will
be made in writing by the City's Purchasing Agent.
IF DURING THE life of the Contract, the successful Bidder’s net prices to other customers for items
awarded herein are reduced below the Contracted price, it is understood and agreed that the benefits of such
reduction shall be extended to the City of Coppell.
A PRICE redetermination may be considered by the City only at the anniversary date of the Contract and
shall be substantiated in writing (i.e., Manufacturer’s direct cost, postage rates, Railroad Commission rates,
Wage/Labor rates). The Bidder’s past history of honoring Contracts at the bid price will be an important
consideration in the evaluation of the lowest and best bid. The City reserves the right to accept or reject
any/all of the price redetermination as it deems to be in the best interest of the City.
DELIVERY: all delivery and freight charges (F.O.B. City of Coppell) are to be included in the bid price.
DELIVERY TIME: Bids shall show number of days required to place goods ordered at the City’s
designated location. Failure to state delivery time may cause bid to be rejected. Successful Bidder shall
notify the Purchasing Department immediately if delivery schedule cannot be met. If delay is foreseen,
successful Bidder shall give written notice to the Purchasing Agent. The City has the right to extend
delivery time if reason appears valid. Successful Bidder must keep the Purchasing Department advised at
all times of the status of the order.
CONFLICT OF INTEREST: No public official shall have interest in this Contract, in accordance with
Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter 171.
DISCLOSURE OF CERTAIN RELATIONSHIPS Effective January 1, 2006, Chapter 176 of the Texas
Local Government Code requires that any vendor or person considering doing business with a local
government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business
relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire
must be filed with the records administrator of the City of Coppell not later than the 7 th business day after
the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,
Local Government Code. A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
ETHICS: The Bidder shall not offer or accept gifts of anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Coppell.
EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this RFB/RFQ/RFP will be considered
for award. Bidders taking exception to the Specifications, or offering su bstitutions, shall state these
exceptions in the section provided or by attachment as part of the bid. In the absence of such, a list shall
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9
indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in strict
accordance with the Specifications of the Invitation. The City of Coppell reserves the right to accept any
and all, or none, of the exception(s)/ substitution(s) deemed to be in the best interest of the City.
ADDENDA: Any interpretations, corrections or changes to an RFB/RFQ/RFP will be made by written
addenda. Sole issuing authority of addenda shall be vested in the City of Coppell Purchasing Department.
Addenda will be issued via the Bidsync system mentioned above and posted on the City of Coppell’s
website. Bidders shall acknowledge receipt of all addenda.
DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid Specifications will be
made by addenda. Sole issuing authority of addenda shall be vested in the City's Purchasing Agent.
Addenda will be mailed to all who are known to have received a copy of this RFB/RFQ/RFP. Bidders shall
acknowledge receipt of all addenda.
BID MUST COMPLY with all federal, state, county, and local laws concerning these types of service(s).
DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of manufacturing
and engineering practice.
All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition
and of current manufacturer.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective Bidder
must affirmatively demonstrate Bidder's responsibility. A prospective Bidder must meet the following
requirements:
1. Have adequate financial resources, or the ability to obtain such resources as required;
2. Be able to comply with the required or proposed delivery schedule;
3. Have a satisfactory record of performance;
4. Have a satisfactory record of integrity and ethics;
5. Be otherwise qualified and eligible to receive an award.
The City may request representation and other information sufficient to determine Bidder's ability to meet
these minimum standards listed above.
REFERENCES: The City requests Bidder to supply, with this RFB/RFQ/RFP, a list of at least three (3)
references where like products and/or services have been supplied by their firm. Include name of firm,
address, telephone number and name of representative.
BIDDER SHALL PROVIDE with this bid response, all documentation required by this RFB/RFQ/RFP.
Failure to provide this information may result in rejection of bid.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10
AWARD OF CONTRACT: The City shall award a contract to the responsible bidder providing the best
value for goods and services. This is NOT a low bid solicitation based on price alone. All bidders must
provide documentation and information requested in this solicitation in order to determine the best value
outlined below.
Pursuant to the Texas Local Government Code, § 252.043, Award of Contract, “Best Value” will be
determined by considering:
(1) The purchase price;
(2) The reputation of the bidder and of the bidder's goods or services;
(3) The quality of the bidder's goods or services;
(4) The extent to which the goods or services meet the municipality's needs;
(5) The bidder's past relationship with the municipality;
(6) The impact on the ability of the municipality to comply with laws and rules relating
to contracting with historically underutilized businesses and nonprofit
organizations employing persons with disabilities;
(7) The total long-term cost to the municipality to acquire the bidder's goods or
services; and
(8) Any relevant criteria specifically listed in the request for bids or proposals
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Coppell and all its
officers, agents and employees from all suits, actions, or other claims of any character, name and description
brought for or on account of any injuries or damages received or sustained by any person, persons, or
property on account of any negligent act or fault of the successful Bidder, or of any agent, employee,
subcontractor or supplier in the execution of, or performance under, any Contract which may result from
bid award. Successful Bidder indemnifies and will indemnify and save harmless the City from liability,
claim or demand on their part, agents, servants, customers, and/or employees whether such liability, claim
or demand arise from event or casualty happening or within the occupied premises themselves or happening
upon or in any of the halls, elevators, entrances, stairways or approaches of or to the facilities within which
the occupied premises are located. Successful Bidder shall pay any judgment with costs which may be
obtained against the City growing out of such injury or damages. In addition, Contractor shall obtain and
file with Owner City of Coppell a Standard Certificate of Insurance and applicable policy endorsement
evidencing the required coverage and naming the owner City of Coppell as an additional insured on the
required coverage.
WAGES: Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Coppell,
all Social Security, Unemployment and Federal Income Withholding Taxes of all such employees and all
such employees shall be paid wages and benefits as required by Federal and/or State Law.
PREVAILING WAGE RATES: The awarded contractor shall comply with prevailing wage rates as defined
by the United States Department of Labor Davis-Bacon Wage Determination at
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for
Dallas County, Texas (WD-2509).
TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires, delivery
and acceptance of products and/or performance of services ordered or terminated by either party with a
thirty (30) day written notice prior to any cancellation. The successful Bidder must state therein the reasons
for such cancellation. The City of Coppell reserves the right to award canceled Contract to next lowest and
best Bidder as it deems to be in the best interest of the City of Coppell.
TERMINATION FOR DEFAULT: The City of Coppell reserves the right to enforce the performance of
this Contract in any manner prescribed by law or deemed to be in the best interest of the City in the event
of breach or default of this Contract. The City of Coppell reserves the right to terminate the Contract
immediately in the event the successful Bidder fails to:
1. Meet schedules;
2. Defaults in the payment of any fees; or
3. Otherwise perform in accordance with these Specifications.
Breach of Contract or default authorizes the City of Coppell to exercise any or all of the following rights:
1. The City may take possession of the assigned premises and any fees accrued or becoming due to
date;
2. The City may take possession of all goods, fixtures and materials of successful Bidder therein
and may foreclose its lien against such personal property, applying the proceeds toward fees due
or thereafter becoming due.
In the event the successful Bidder shall fail to perform, keep or observe any of the terms and conditions to
be performed, kept or observed, the City shall give the successful Bidder written notice of such default; and
in the event said default is not remedied to the satisfaction and approval of the city within two (2) working
days of receipt of such notice by the successful Bidder, default will be declared and all the successful
Bidder's rights shall terminate.
Bidder, in submitting this bid, agrees that the City of Coppell shall not be liable to prosecution for damages
in the event that the City declares the Bidder in default.
NOTICE: Any notice provided by this bid (or required by law) to be given to the successful Bidder by the
City of Coppell shall conclusively deemed to have been given and received on the next day after such
written notice has been deposited in the mail in the City of Coppell, Texas by Registered or Certified Mail
with sufficient postage affixed thereto, addressed to the successful Bidder at the address so provided;
provided this shall not prevent the giving of actual notice in any other manner.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12
PROTESTS: All protests regarding the solicitation process must be submitted, in writing, to the Purchasing
Manager within five (5) working days following the opening of such solicitation. This includes all protests
relating to advertising of solicitation notices, deadlines, opening, and all other related procedures under the
Texas Local Government Code, as well as, any protests relating to alleged improprieties or ambiguities in
the specifications.
Protests relating to staff recommendations as to the award of this solicitation may be directed to the Cit y
Administration, City Manager’s Office by contacting the City Manager prior to council award. All staff
recommendations will be made available for public review seventy-two (72) hours prior to consideration
by the City Council.
PATENTS/COPYRIGHTS: The successful Bidder agrees to protect the City of Coppell from claims
involving infringement of patents and/or copyrights.
CONTRACT ADMINISTRATOR: Under this Contract, the City of Coppell may appoint a Contract
Administrator with designated responsibility to ensure compliance with Contract requirements, such as but
not limited to, acceptance, inspection and delivery. The Contract Administrator will serve as liaison
between the City of Coppell Purchasing Department (which has the overall Contract Administration
responsibilities) and the successful Bidder.
PURCHASE ORDER: A Purchase Order(s) shall be generated by the City of Coppell to the successful
Bidder. The Purchase Order number must appear on all itemized invoices and packing slips. The City of
Coppell will not be held responsible for any orders placed/delivered without a valid current Purchase Order
number.
PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and
shall show: (a) name and address of successful Bidder, (b) name and address of receiving department and/or
delivery location, (c) Purchase Order number, and (d) descriptive information as to the item(s) delivered,
including product code, item number, quantity, number of containers, or other.
INVOICES shall show all information as stated above, shall be issued for each Purchase Order and shall
be mailed directly to the City of Coppell Finance/Accounts Payable Department, 255 Parkway Blvd.,
Coppell, Texas 75019, or emailed to accountspayable@coppelltx.gov.
PAYMENT will be made upon receipt and acceptance by the City of Coppell for any item(s) ordered and
receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S.
Successful Bidder(s) required to pay subcontractors within ten (10) days.
ITEMS supplied under this Contract shall be subject to the City's approval. Items found defective or not
meeting Specifications shall be picked up and replaced by the successful Bidder at the next service date at
no expense to the City of Coppell. If item is not picked up within one (1) week after notification, the item
will become a donation to the City for disposition.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13
SAMPLES: When requested, samples shall be furnished free of expense to the City of Coppell.
WARRANTY: Successful Bidder shall warrant that all items/services shall conform to the proposed
Specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects
in material, workmanship and title. A copy of the warranty for each item being bid must be enclosed.
Failure to comply with the above requirements for literature and warranty information could cause bid to
be rejected.
REMEDIES: The successful Bidder and the City of Coppell agree that both parties have all rights, duties
and remedies available as stated in the Uniform Commercial Code.
VENUE: This Agreement will be governed and construed according to the laws of the State of Texas. This
Agreement is performable in the City of Coppell, Texas.
ASSIGNMENT: The successful Bidder shall not sell, assign, transfer or convey this Contract, in whole or
in part, without prior written consent of the City of Coppell.
SPECIFICATIONS and model numbers are for description only. Bidder may bid on description only.
Bidder may bid on alternate model but must clearly indicate alternate model being bid. Bidder must enclose
full descriptive literature on alternate item(s). The use of brand names is intended to be descriptive rather
than restrictive.
SILENCE OF SPECIFICATION: The apparent silence of these Specifications as to any detail or to the
apparent omission of a detailed description concerning any point, shall be regarded as meaning that only
the best commercial practices are to prevail. All interpretations of these Specifications shall be made on
the basis of this statement.
Each insurance policy to be furnished by successful Bidder shall include, by endorsement to the policy, a
statement that a notice shall be given to the City of Coppell by Certified Mail thirty (30) days prior to
cancellation or upon any material change in coverage.
BID NOTIFICATION: City of Coppell utilizes the following procedures for notification of bid
opportunities: www.bidsync.com and the Coppell Citizens Advocate. These are the only forms of
notification authorized by the city. Coppell shall not be responsible for receipt of notification and
information from any source other than those listed. It shall be the vendor’s responsibility to verify the
validity of all bid information received by sources other than those listed.
EMPLOYMENT ELIGIBILITY VERIFICATION: The Immigration Reform and Control Act of 1986
(IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful
work authorization and requires employers to verify their employees' work eligibility on a U.S. Department
of Justice form I-9. The contractor/vendor warrants that contractor/vendor is in compliance with IRCA and
will maintain compliance with IRCA during the term of the contract with the city. Contractor/vendor
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14
warrants that contractor/vendor has included or will include a similar provision in all written agreements
with any subcontractors engaged to perform services under this contract.
ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES: Bidders are encouraged to
offer Energy Star, GreenSeal, EcoLogo and/or EPEAT certified products. The city also encourages bidders
to offer products and services that are produced or delivered with minimal use of virgin materials and
maximum use of recycled materials and reduce waste, energy usage, water utilization and toxicity in the
manufacture and use of products.
ANY QUESTIONS concerning this Invitation to Bid and Specifications should be directed to the
Purchasing Department at 972-304-3698.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15
COOPERATIVE PURCHASING
As permitted under Government Code, Title 7, Chapter 791.025, other governmental entities
may wish to cooperatively purchase under the same terms and conditions contained in thi s
contract. Each entity wishing to utilize the contract must have prior authorization from the
City of Coppell and Contractor. If such participation is authorized, all purchase orders will
be issued directly from and shipped directly to the entity requiring supplies/services. The
City of Coppell shall not be held responsible for any orders placed, deliveries made, or
payment for supplies/services ordered by these entities. Each entity reserves the right to
determine their participation in this contract.
IS YOUR FIRM WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO
UTILIZE THIS CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND
CONDITIONS?
__________YES __________NO
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
CERTIFICATIONS AND REPRESENTATIONS
M/WBE STATUS
___________________________________________________ IS CERTIFIED AS A:
(CHECK ONE, IF APPLICABLE)
DISADVANTAGED BUSINESS ENTERPRISE ___________
MINORITY-OWNED BUSINESS ENTERPRISE ___________
WOMEN-OWNED BUSINESS ENTERPRISE ___________
PLEASE ATTACH OFFICIAL DOCUMENTATION FROM THE STATE OF TEXAS OR OTHER
QUALIFIED CERTIFICATION AGENCY OF M/WBE STATUS OF YOUR COMPANY WITH THIS
BID/PROPOSAL.
* * * * * NOTE * * * * *
THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT
AFFECT THE BID AWARD.
(SUBMISSION OF THIS INFORMATION IS NOT A REQUIREMENT)
Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us
FORM CIQ
OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Date Received
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No
7
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing business with the governmental entity Date
Name of vendor who has a business relationship with local governmental entity.1
Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
2
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
4
6
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17
BID #Q-1019-02
FIRE DEPARTMENT UNIFORMS
(SPECIFICATIONS)
TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMENT
NO LATER THAN THURSDAY, OCTOBER 4, 2018, CST, 10:00 A.M.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18
FIRE DEPARTMENT UNIFORMS
I. Scope of Work
The City of Coppell is requesting bids for the purchase of Fire Department uniforms and
accessories. There are generally between eighty-five to ninety (85-90) fire staff members
that require uniform items throughout the year. Typically, the department orders items
in-bulk in October with smaller orders as needed.
II. Specifications and Vendor Requirements
1. The Fire Department has standardized on the brands identified below in the Pricing
Schedule. No substitutions will be considered. See the Pricing Schedule below and
Exhibit A for photo examples.
2. Class A dress uniforms require personal fitting locally or on-site; therefore, the
selected vendor should have local staff available.
3. A single price for all clothing sizes is preferable. If individual size pricing is
required, then the vendor should augment the Pricing Schedule with the itemized
information accordingly.
4. Vendors should describe minimum order quantities, returns processes, and typical
delivery schedules for all brands and sizes.
5. Deliveries will occur only Monday through Friday from 8:00am to 5:00pm, unless
otherwise approved by city staff.
III. Accidental Damages
The Contractor is responsible for the care of the property while providing these services.
Any damage caused by the Contractor will be corrected by the Contractor at the
Contractor’s expense.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
IV. Pricing Schedule
1. Pricing stated below for various options shall include all equipment, including but
not limited to any additional materials, labor, delivery charges, mileage, tolls, and
all other costs not specifically identified.
2. No additional costs, fees, or invoices will be considered, unless prior
authorization for such is approved in writing by the City of Coppell.
3. Please complete this form for your pricing response. This sheet can be
augmented with additional information if needed.
FIRE DEPARTMENT UNIFORMS
PRICING SCHEDULE
Item Size range Part #Specs Reference Photo Quantity
Ball Caps Fitted Sizes 1-5 Richardson Pro 495
Logo: Coppell Fire Department Stitch count: 4557 Size: (Width 120.8mm) (Height 38.4 mm) Location: Center Front Thread color: Madeira 1811
Silver PMS-428 or Robinson anton Goldenrod Photo A & B 50
Ball Caps Adjustable SM/Med, Lg/XL Richardson Pro 414
Logo: Coppell Fire Department Stitch count: 4557 Size: (Width 120.8mm) (Height 38.4 mm) Location: Center Front Thread color: Madeira 1811
Silver PMS-428 or Robinson anton Goldenrod Photo A & B 30
Knit Cap Short One size Port & Company CP90
Logo: Coppell Fire Department Stitch count: 4557 Size: (Width 120.8mm) (Height 38.4 mm) Location: Center Front 1" Above Thread color: Madeira
1811 Silver PMS-428 or Robinson anton Goldenrod Photo C & E 30
Knit Cap Rolled One size Port & Company CP91
Logo: Coppell Fire Department Stitch count: 4557 Size: (Width 120.8mm) (Height 38.4 mm) Location: Center Front 1" Above Fold Thread color:
Madeira 1811 Silver PMS-428 or Robinson anton Goldenrod Photo D & E 50
Boonie Hat One size
TRU-SPEC Poly / Cotton Ripstop Gen II
Adjustable Boonie #3312 - Navy
Logo: Coppell Fire Department Stitch count: 4557 Size: (Width 120.8mm) (Height 38.4 mm) Location: Center Front Thread color: Madeira 1811
Silver PMS-428 or Robinson anton Goldenrod
Photo F * Note* Logo on this hat has not
been updated*50
Nomex Shirts Class B Short
Sleeve 36-58
Short Sleeve-WORKRITE WR730NX45NB
Nomex IIIA Firefighter shirt, Navy
The shirts have name and rank strips embroidered onto Nomex navy fabric consistent with the shirt fabric and sewn onto the shirt above the pockets.
For Captain rank and above the bugles are embroidered directly onto the collar points.
Left chest: RANK (no abbreviations all caps) e.g. FIREFIGHTER
Right chest: Name should read “FIRST INITIAL. LAST NAME” e.g., K. RICHARDSON
Left Sleeve: 4 inch CFD patch (supplied by us)
Right Sleeve: An EMS patch (supplied by us)
Patches are sewn one inch below shoulder seam, centered left to right
FIREFIGHTER shirts get name strip, rank strip, embroidered in SILVER
ENGINEER shirts get name strip, rank strip embroidered in SILVER
CAPTAIN shirts get name strip, rank strip embroidered in SILVER as well as TWO(2) parallel bugles embroidered in SILVER on collar points.
BATTALION CHIEF shirts get name strip, rank strip, and TWO(2) crossed bugles on collar points all embroidered in GOLD.
DIVISION CHIEF shirts get name strip, rank strip, and THREE(3) crossed bugles on collar points all embroidered in GOLD
DEPUTY CHIEF shirts get name strip, rank strip, and FOUR(4) crossed bugles on collar points all embroidered in GOLD
FIRE CHIEF shirts get name strip, rank strip, and FIVE(5) crossed bugles on collar points all embroidered in GOLD
SILVER is Thread color: Madeira 1811 Silver PMS-428
GOLD is Robinson Anton Goldenrod
All badge tabs should be removed.
Photo G thru K 30
Nomex Shirts Class B Long
Sleeve 36-58
Long Sleeve-WORKRITE WR735NX45NB
Nomex IIIA Firefighter shirt, navy See specs above for short sleeve shirt Photo G thru K 15
Nomex Pants- Station
WORKRITE 7.5 NOMEX FULL CUT
PANTS #402NX75NB Photo L,M 100
Nomex Pants- Station
WORKRITE 7.5 NOMEX STANDARD
CUT PANTS #400NX75NB Photo L,M 10
Station Wear Belt
5.11 #59409 1.5” Tactical Trainer Belt, 5
stitch Photo N 40
Workout Shorts S/M/Lg/XL/XXL Badger 7219 Mesh shorts,Drk Navy Embroidery left thigh: COPPELL FIRE DEPARTMENT Thread color: Madeira 1811 Silver PMS-428 or Robinson anton Goldenrod Photo O,P 40
Workout Pants S-XXXL Sprt Tex ST237 Embroidery left thigh below bottom of pocket : COPPELL FIRE DEPARTMENT Thread color: Madeira 1811 Silver PMS-428 or Robinson anton Goldenrod Photo Q 25
Station Wear Shorts
5.11 Taclite Pro 11" shorts #73308, Dark
Navy 50
Dress Belt
DM1151-30 1.5 inch black leather garrison
dress belt 20
T-shirts S-3XL Gildan T-shirt, short sleeved, Navy, #8000
Includes Screen-print Back/3" CFD patch FLC/Name, Rank, EMS cert FRC specify gold or silver stitching; SPECIFY ROBONSON ANTON GOLDENROD OR
MADIERA 1811 SILVER PMS-428 Photo R,S 300
S/S Polo shirt S-3XL Workrite 263TK67, Navy
Includes Screen-print Back/3" CFD patch FLC/Name, Rank, EMS cert FRC specify gold or silver stitching; SPECIFY ROBONSON ANTON GOLDENROD OR
MADIERA 1811 SILVER PMS-429 Photo T,U 200
L/S Polo shirt S-3XL Workrite 262TK67, Navy
Includes Screen-print Back/3" CFD patch FLC/Name, Rank, EMS cert FRC specify gold or silver stitching; SPECIFY ROBONSON ANTON GOLDENROD OR
MADIERA 1811 SILVER PMS-430 Photo T,U 50
Job Shirts S-3XL 5.11 Jobshirt, Navy, #72314
Includes Screen-print Back/3" CFD patch FLC(supplied by us) /Name, Rank, EMS cert FRC SPECIFY ROBINSON ANTON GOLDENROD OR MADIERA 1811 SILVER PMS-
428 Photo V,W 40
Class A Hat
Midway 114 Bell Crown Cap- Dark Navy all
one material Bell Cap / White Bell Cap
(Chiefs)
Navy Cap- 100% polyester gabardine Navy band with removable black rayon braid Silver FD buttons 611 pattern visor 1/2" black plastic strap 7" x 7-5/8"
White cap -all white with vinyl top with white band and black visor and gold expansion strap, gold FD buttons
Photo X,Y 12
Class A Coat
Fechheimer 38800, Men's Dress Coat,
LAPD, Navy 10
Class A Pants
Fechheimer FECH- TRO70-, Men's Pants
LAPD, Navy 10
Tie 57", 61"
Samuel Broome Necktie w/button holes
3.5” x 57” #90081 / 3.5" x 61" #90099 20
White Shirt S/S (Admin
Chiefs)
S/S: 5.11 #71183 Twill PDU shirt,A
Class,White Sew 4" patch - Left Sleeve: CFD patch (supplied by us) Right Sleeve: An EMS patch (supplied by us) 10
FIRE DEPARTMENT UNIFORMS
PRICING SCHEDULE
White Shirt L/S (Admin Chiefs)
L/S: 5.11 #72344 Twill PDU shirt,A
Class,White Sew 4" patch - Left Sleeve: CFD patch (supplied by us) Right Sleeve: An EMS patch (supplied by us) 6
Class A White Shirt S-6XL
EDW- 1363- 00 Edwards- White L/S Dress
Shirt 50
Dress Shoes
BATES-22141 Bates High Gloss Duty
Uniform Shoe 20
Name Plates N/A
Blackington J3 name bar, double clutch
back, black block lettering,
(Silver:FF/Eng/Captain/ Inspector; Gold:
BC/Division Chief/ Deputy Chief/Fire Chief)Photo Z,AA 20
Gear Bag N/A
Port&Company, Colorblock sport Duffel
Bag, Navy / charcoal #BG99 Includes embroidery: COPPELL FIRE DEPARTMENT First initial. last name Thread color: Madeira 1811 Silver PMS-428 or Robinson anton Goldenrod Photo BB, CC 12
Coat Soft Shell (Admin staff)S-3XL
5.11 #48167 Tactical Valiant soft shell
Jacket, Navy 3" CFD Patch FLC(supplied by us) /Name & Rank FRC Thread color: Madeira 1811 Silver PMS-428 or Robinson Anton Goldenrod Photo DD 5
Jacket( BC's and Admin Staff)S-3XL 5.11 #48026, Big horn Jacket, Navy 3" CFD Patch FLC(supplied by us) /Name & Rank FRC Thread color: Madeira 1811 Silver PMS-428 or Robinson Anton Goldenrod Photo EE 5
Coat(Ops)Gerber GOW-70RX1 GOW Navy EclipseSX
Sew 3" CFD patch(supplied by us) left chest on both layers , Screenprint reflective COPPELL FIRE DEPARTMENT back of outer layer only, Velcro and
removable name strip on both layers New Item No Photos for reference 12
Exhibit A
Coppell Fire Department Uniform
Ball Caps Photo A and B
Knit Cap Short Photo C
Knit Cap Rolled Photo D
Knit Caps side by Side Photo E
Boonie Hat Photo F * Note* Logo on this hat has not been updated*
Nomex Shirt Photo G
Nomex Shirt Photo H Nomex Shirt Photo I
Nomex Shirt Photo J Nomex Shirt Photo K
Nomex Pants Photo L Nomex Pants Photo M
Station Wear Belt - 5.11 Tactical Trainer Belt Photo N
Workout Shorts - Badger Mesh Short Photo O Badger Mesh Short Photo P
Workout Pants Photo Q
T-Shirt Photo R T-Shirt Photo S
Polo Shirt Photo T
Polo Shirt Photo U
Jobshirt Photo V
Jobshirt Photo W
Class A Hat Photo X Class A Hat Photo Y
Name plate Photo Z Name plate Photo AA
Gear Bag Photo BB Gear Bag Photo CC
Coat Soft Shell Photo DD
Jacket (Big Horn) Photo EE
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20
BID FORM
PROJECT IDENTIFICATION: FIRE DEPARTMENT UNIFORMS
Bid Q-1019-02 in Coppell, Texas
BID OF _____________________________________________ DATE __________
(NAME OF FIRM)
THIS BID IS SUBMITTED TO:
City of Coppell
c/o Purchasing Manager
255 Parkway Boulevard
Coppell, Texas 75019
DATE: ________________________________________
SIGNATURE: ________________________________________
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
Company Information
Company Name:
Remit To Address:
Physical Address:
Phone Number:
Fax Number:
Contact Person:
E-mail Address:
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
Standard Insurance Requirements
The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and
Commercial General Liability (Public) Insurance in such amounts as follows:
Type of Insurance Amount
Worker's Compensation as set forth in the Worker's Compensation Act.
Commercial General $1,000,000 Each Accident/Occurrence.
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products &
Completed Operations
Aggregate.
Owner’s Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence
w/drop down coverage
Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
Project or Owner's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
occurrence.
ADDITIONAL INSURED
IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING
THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN
ADDITIONAL INSURED ON THE REQUIRED COVERAGE.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23
SAMPLE ONLY
DO NOT COMPLETE
CITY OF COPPELL, TEXAS
STANDARD FORM PURCHASE CONTRACT
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24
City of Coppell, Texas
255 Parkway Boulevard
Coppell, Texas 75019
This Agreement is made by and between the City of Coppell, Texas, a home -rule municipality
(hereinafter referred to as the "Buyer") and the hereinafter named Seller, referred to as the "Seller," for th e sale of the
goods, materials and items specified hereinafter, and the Buyer and Seller hereby agree as follows:
Seller:
_________________________________________________
[Name]
_________________________________________________
[Address]
_________________________________________________
[City, State, Zip]
_________________________________________________
[Telephone]
DESCRIPTION OF GOODS
This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials and items
described hereinafter as the “Goods” or the subject of this Contract, and such parts, attachments,
accessories, devices, and apparatus as may be considered an integral part of the Goods or necessary for the
proper use or application of the Goods, whether or not specified herein. The Goods are more specifically
described as follows:
Description
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 25
[CHECK ONE:]
This Contract is a “fixed price - fixed quantity” Contract for the purchase of the specified quantity
at the specified price. The full quantity of the Goods shall be delivered to and received at the
designated point or points of delivery no later than the date specified herein below. This date is a
material term and condition of this Contract and, in connection with the delivery date, time is and
shall be of the essence.
_______________________________
[Insert Date of Delivery]
OR
This Contract is for a specific duration wherein the Seller will supply, furnish and deliver at the
designated point or points of delivery the specified Goods in the quantities requested by Buyer at
the time of Buyer’s order. The delivery date(s) shall be set forth in Buyer’s order. This Contract is
not intended to be and shall not be construed as an exclusive requirements contract. This Contract
is non-exclusive and Buyer may acquire any or all of its requirements for the specified Goods from
Seller or any other source deemed appro priate by Buyer. Upon the conclusion of the duration of
this Contract, Buyer may renew this agreement for an additional period or periods equivalent to the
primary duration upon sending written notice of intent thereof within thirty (30) days prior to the
expiration of the last day of the term of this Contract. The failure to send the foregoing notice shall
convert this agreement into a “fixed price - fixed quantity” contract as described above.
DURATION: From ___________________ to _______________________.
PAYMENT TERMS
The purchase price of the Goods shall be that contained in the Seller’s bid and specifically accepted in writing
by Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices
shall indicate the purchase order number and shall be itemized. A copy of the bill of lading should be attached to the
invoice. Mail to City of Coppell, Purchasing Department, 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas
75019. Payment shall not be due until the above instruments are submitted, until the Goods have been received by
Buyer, and until Buyer has had sufficient opportunity to inspect and exercise its right to accept or reject. Seller shall
keep the purchasing department advised of any changes in their remittance addresses. In no event shall Buyer be
responsible for interest of any kind on any funds due to Seller, and no term or provision contained in any Seller’s
invoice shall in any way modify, vary or alter the provisions hereof.
Buyer’s obligation is payable solely from funds available for the purpose of the purchase. Lack of funds
shall render this contract null and void and to the extent funds are not available, any delivered but unpaid for goods
will be returned to Seller by Buyer. Do not include federal excise tax, state or city sales tax. The City shall furnish a
tax exempt certificate if required.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26
CONTRACT TERMS AND CONDITIONS
This Contract is made and entered into between the parties hereto in accordance with and subje ct to the
following additional terms and conditions:
1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good commercial
practice. Each shipping container shall be clearly marked and permanently packed as follows: (a) Seller’s
name and address; (b) Consignee’s name, address, and purchase order or purchase release number and the
supply agreement number if applicable; (c) Container numbe r and total number of container, e.g. box 1 of 4
boxes and (d) the number of the container bearing the package slip. Seller shall bear cost of packing unless
otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform
with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be
final and conclusive on shipment not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods under
reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer until the
Buyer actually receives and takes possession of the Goods at the point or points of delivery.
4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid
unless delivery terms are specified otherwise in the bid. Seller shall pay for the transportation costs.
5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully comply
with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does
not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer
of his intention to cure and may then make a conforming tender within the contract time but not afterward.
6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in any other
written designation by Buyer. The terms of this agreement are “No arrival, No sale.”
7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting
them.
8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this
agreement, Buyer’s only duty shall be to reasonably notify Seller of the rejection and hold the goods for the
disposition of Seller, and it is agreed that under no circumstances shall Buyer be required to rese ll the rejected
goods or incur the cost to deliver same to Seller.
9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability to the
Seller if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise were
offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of City
of Coppell with view toward securing the contract or securing favorable treatment with respect to awarding
or amending, or the making of any determination with respect to the performing of such a Contract. In the
event this Contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any
other rights and remedies, to recover and withhold the amount of the cost incurred by the Seller in providing
such gratuities.
10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of
any special tooling or any special test equipment fabricated or requ ired by Seller for the purpose of filling
this order, such special tooling equipment and any process sheets related thereto shall become the property
of the Buyer and to the extent feasible shall be identified by the Seller as such.
11. WARRANTY - PRICE:
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27
a. The price to be paid by the Buyer shall be that contained in the Seller’s bid which Seller warrants
to be no higher than Seller’s current prices on orders for products of the kind and specification
covered by the agreement for similar quantities under similar or like conditions and methods of
purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the
Seller’s current prices on orders by others, or in the alternative, Buyer may cancel this contract
without liability for breach or Seller’s actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained to solicit or
secure this contract upon an agreement or understanding for commission, percentage, brokerage, or
contingent fee excepting bona fide established commercial or selling agencies maintained by the
Seller for the purpose of securing business. For breach of violation of this warranty, the Buyer shall
have the right in addition to any other right or rights to cancel t his contract without liability and to
deduct from the contract price, or otherwise recover the full amount of such commission, percentage,
brokerage or contingent fee.
12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to
do so shall render this contract voidable at the option of the Buyer. No such attempts to limit, disclaim or
exclude any warranties, whether of fitness, merchantability or otherwise, by Seller shall be binding or
effective. Seller warranties that the Goods furnished will conform to the specifications, drawings, and
descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a
conflict between the specifications, drawings, and descriptions, the specifications shall govern.
13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the standards
promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the
event that the products do not conform to OSHA standards, Buyer may return the product for correction or
replacement at the Seller’s expense. In the event that Seller fails to make the appropriate correction within a
reasonable time, any correction made by Buyer will be at Seller’s expense.
14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this
agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer
makes no warranty that the production of goods according to the specifications will not give rise such claim,
and in no event shall Buyer be liable to Seller in the event that Seller is sued on the grounds of infringement
or the like. If Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this
effect in writing or the like, within two weeks after the signing of this agreement. If Buyer does not rec eive
notice and a claim is asserted or Buyer is subsequently held liable for the infringement or the like, Seller will
indemnify, defend and save Buyer harmless. If Seller in good faith ascertains that production of the goods
in accordance with the specifications will result in infringement or the like, this contract shall be null and
void except that Buyer will pay Seller the reasonable cost of his search as to infringements.
15. CANCELLATION: Buyer shall have the right to cancel for default on all or a ny part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu
of any remedies which Buyer may have at law or equity. The Buyer may for any reason whatsoever terminate
performance under this Contract by the Seller for convenience at any time. The Buyer shall give notice of
such termination to the Seller specifying when termination becomes effective. Goods received but unopened
or unused shall be made available to Seller for delivery. Buyer will, in the event of termination, remit such
sums to Seller as may be due only for those goods retained by Buyer.
16. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or
in part to carry out its obligation under the Agreement, then such party shall give notice and full particulars
of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or
cause relied upon, and the obligation of the party giving such notice, so far as is effected by such Force
Majeure, shall be suspended during the continuance of the inability then claimed, except as he reafter
provided, but for no longer periods and such party shall endeavor to remove or overcome such inability with
all reasonable dispatch.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 28
The term “Force Majeure” as employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbance, act of public enemy, orders of any kind of government of the United States or State of Texas or
any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil
disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not
reasonably within control of the party claiming such inability. It is understood and agreed that the settlement
of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the
above requirements that any Force Majeure shall be remedied with all reasonable dispatch shall not require
the settlements of strikes and lockouts by exceeding to the demands of the opposing party or parties when
such settlement is unfavorable in the judgment of the party having the difficulty.
17. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the written permission of the Buyer. An attempted assignment or
delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity
with this paragraph.
18. MODIFICATIONS: This contract can be modified or rescinded only in writing signed by both parties or
their duly authorized agents.
19. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration
and is in writing signed by the aggrieved party.
20. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final expression
of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.
No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or
explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered
under this agreement shall not be relevant to determine the meaning of this agreement even though the
accepting or acquiescing party has knowledge of the performance and opportunity for objection . Whenever
a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the
Code is to control.
21. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the
term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code
as adopted in the State of Texas as effective and in force on the date of this agreement.
22. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior written consent, the fact that
Buyer has entered into this contract, except to the extent necessary to comply with prior requests for
information from an authorized representative of federal, state or local government.
23. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the
other party’s intent to perform he may demand that the other party give written assurance of his intent to
perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding
party may treat this failure as an anticipatory repudiation of the contract.
24. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee shall
have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly
or indirectly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City
as an officer or employee. Any knowing and willful violation of this section shall constitute malfeasance in
office, and any officer or employee guilty thereof shall forfeit his office or position. Any violation of this
section with the knowledge, express or implied, of the person or corporation contracting with the governing
body of the City shall render the contract involved voidable by the City Manager or the City Council.
25. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute
the entire and exclusive agreement between the Buyer and Seller with refe rence to the Goods. Specifically,
but without limitation, this Contract supersedes any bid documents and all prior written or oral
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 29
communications, representations and negotiations, if any, between the Buyer and Seller not expressly made
a part hereof.
26. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND
SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND AGAINST
ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY
CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR
LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS,
INCLUDING THE SELLER, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY
OR INDIRECTLY, THE PERFORMANCE OF SELLER UNDER THIS CONTRACT, INCLUDING
CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BUYER,
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE
BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES
UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE
BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED
INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN
THIS CONTRACT IS AN INDEMNITY EXTENDED BY SELLER TO INDEMNIFY AND PROTECT
BUYER FROM THE CONSEQUENCES OF THE SELLER’S AS WELL AS THE BUYER’S
NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH
INJURY, DEATH, OR DAMAGE.
27. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any
causes of action arising under the terms or provisions of this Contract or the Goods to be delivered hereunder
shall be in the courts of Dallas County, Texas.
28. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assi gns and legal representatives of such other
party in respect to covenants, agreements and obligations contained in this Contract. The Seller shall not
assign this Contract without written consent of the Buyer.
29. SEVERABILITY: The provisions of this Contract are herein declared to be severable; in the event that any
term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall
not affect the validity or enforceability of the remaining terms, provisions and pa rts, and this Contract shall
be read as if the invalid, void or unenforceable portion had not been included herein.
30. NOTICES: All notices required by this Contract shall be presumed received when deposited in the mail
properly addressed to the other party at the address set forth herein or set forth in a written designation of
change of address delivered to all parties.
BID #Q-1019-02 FIRE DEPARTMENT UNIFORMS
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 30
EXECUTED this _______ day of _______________________________, _________.
SELLER:
__________________________________________
(Signature)
__________________________________________
(Type/Print Name and Title/Position)
__________________________________________
(Address)
__________________________________________
(City, State, Zip)
_________________________________________
(City Manager)
Item Quantity Five Star Total Galls Total
Ball Caps Fitted 50 $14.31 $715.50 $14.50 $725.00
Ball Caps Adjustable 30 $13.88 $416.40 $14.00 $420.00
Knit Cap Short 30 $6.00 $180.00 $8.00 $240.00
Knit Cap Rolled 50 $6.50 $325.00 $8.00 $400.00
Boonie Hat 50 $15.99 $799.50 $16.00 $800.00
Nomex Shirts Class B Short Sleeve 30 NO BID $111.00 $3,330.00
Nomex Shirts Class B Long Sleeve 15 NO BID $136.00 $2,040.00
Nomex Pants- Station 100 $99.79 $9,979.00 $111.00 $11,100.00
Nomex Pants- Station 10 $106.94 $1,069.40 $111.00 $1,110.00
Station Wear Belt 40 $35.99 $1,439.60 $32.99 $1,319.60
Workout Shorts 40 $15.22 $608.80 $17.99 $719.60
Workout Pants 25 $29.99 $749.75 $22.99 $574.75
Station Wear Shorts 50 $45.00 $2,250.00 $41.50 $2,075.00
Dress Belt 20 NO BID $34.50 $690.00
T-shirts 300 $13.04 $3,912.00 $21.99 $6,597.00
S/S Polo shirt 200 $74.68 $14,936.00 $96.00 $19,200.00
L/S Polo shirt 50 $79.68 $3,984.00 $99.00 $4,950.00
Job Shirts 40 $72.73 $2,909.20 $69.99 $2,799.60
Class A Hat 12 NO BID $52.99 $635.88
Class A Coat 10 NO BID $160.00 $1,600.00
Class A Pants 10 NO BID $51.00 $510.00
Tie 20 NO BID $4.50 $90.00
White Shirt S/S (Admin Chiefs)10 $63.75 $637.50 $34.99 $349.90
White Shirt L/S (Admin Chiefs)6 $63.75 $382.50 $44.99 $269.94
Class A White Shirt 50 $21.00 $1,050.00 $16.99 $849.50
Dress Shoes 20 NO BID $57.50 $1,150.00
Name Plates 20 NO BID $11.00 $220.00
Gear Bag 12 $25.78 $309.36 $24.50 $294.00
Coat Soft Shell (Admin staff)5 $130.00 $650.00 $115.99 $579.95
Jacket( BC's and Admin Staff)5 $84.00 $420.00 $74.99 $374.95
Coat(Ops)12 NO BID $195.00 $2,340.00
$47,723.51 $68,354.67
Item Quantity Five Star Total Galls Total
Ball Caps Fitted 50 $14.31 $715.50 $0.00
Ball Caps Adjustable 30 $13.88 $416.40 $0.00
Knit Cap Short 30 $6.00 $180.00 $0.00
Knit Cap Rolled 50 $6.50 $325.00 $0.00
Boonie Hat 50 $15.99 $799.50 $0.00
Nomex Shirts Class B Short Sleeve 30 NO BID $111.00 $3,330.00
Nomex Shirts Class B Long Sleeve 15 NO BID $136.00 $2,040.00
Nomex Pants- Station 100 $99.79 $9,979.00 $0.00
Nomex Pants- Station 10 $106.94 $1,069.40 $0.00
Station Wear Belt 40 $0.00 $32.99 $1,319.60
Workout Shorts 40 $15.22 $608.80 $0.00
Workout Pants 25 $29.99 $749.75 $0.00
Station Wear Shorts 50 $0.00 $41.50 $2,075.00
Dress Belt 20 NO BID $34.50 $690.00
T-shirts 300 $13.04 $3,912.00 $0.00
S/S Polo shirt 200 $74.68 $14,936.00 $0.00
L/S Polo shirt 50 $79.68 $3,984.00 $0.00
Job Shirts 40 $72.73 $2,909.20 $0.00
Class A Hat 12 NO BID $52.99 $635.88
Class A Coat 10 NO BID $160.00 $1,600.00
Class A Pants 10 NO BID $51.00 $510.00
Tie 20 NO BID $4.50 $90.00
White Shirt S/S (Admin Chiefs)10 $0.00 $34.99 $349.90
White Shirt L/S (Admin Chiefs)6 $0.00 $44.99 $269.94
Class A White Shirt 50 $0.00 $16.99 $849.50
Dress Shoes 20 NO BID $57.50 $1,150.00
Name Plates 20 NO BID $11.00 $220.00
Gear Bag 12 $25.78 $309.36 $0.00
Coat Soft Shell (Admin staff)5 $130.00 $650.00 $0.00
Jacket( BC's and Admin Staff)5 $84.00 $420.00 $0.00
Coat(Ops)12 NO BID $195.00 $2,340.00
$41,963.91 $17,469.82
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4218
File ID: Type: Status: 2018-4218 Resolution Agenda Ready
1Version: Reference: In Control: City Council
10/14/2018File Created:
Final Action: Norwex FTZ LetterFile Name:
Title: Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 220 N. Freeport Parkway in
Coppell, Texas, and authorizing the Mayor to sign.
Notes:
Agenda Date: 10/23/2018
Agenda Number: 12.
Sponsors: Enactment Date:
Norwex FTZ 2018 - Resolution Memo.pdf, Norwex FTZ
2018 - Letter.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 10/23/2018City Council
Text of Legislative File 2018-4218
Title
Consider approval of a Resolution approving a letter of support for the creation of a Foreign
Trade Zone to be located at 220 N. Freeport Parkway in Coppell, Texas, and authorizing the
Mayor to sign.
Summary
Norwex USA is requesting a letter of support from the City of Coppell for the creation of a
Foreign Trade Zone at 220 N. Freeport Parkway. This letter of support is just one step in the
process of application for Norwex to receive FTZ status.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4218)
Staff Recommendation:
Community Development recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 10/19/2018
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 23, 2018
Reference: Consider approval of a Resolution approving a letter of support for the creation of a
Foreign Trade Zone to be located at 220 N. Freeport Parkway in Coppell, Texas, and
authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
Norwex USA is requesting a letter of support from the City of Coppell for the creation of a Foreign
Trade Zone at 220 N. Freeport Parkway. This letter of support is just one step in the process of
application for Norwex to receive Foreign Trade Zone status.
Introduction:
In 1994, Norwex began in Norway. The company produced personal care and cleaning products
with a radically reduced amount of chemicals. In 1995, Norwex entered the home party market in
Norway and grew dramatically. In 1999, Norwex expanded to Canada and the United States, and
by 2010, they were selling products worldwide.
The company has grown rapidly and outgrew their former space in Addison. After a long se arch,
Norwex decided to move their U.S. Headquarters and distribution center to 800 W. Bethel. They
are occupying 143,000 square feet of space at this building. In 2018, they decided to lease a second
facility at 220 N. Freeport Parkway. This facility is approximately 211,000 square feet and includes
a manufacturing and research component that would benefit from the creation of a Foreign Trade
Zone.
Analysis:
A Foreign Trade Zone is a geographical area located in the United States in or near a U.S. Customs
port of entry, where foreign and domestic merchandise are considered a part of international
commerce and not within U.S. Customs territory, merchandise may be brought into a foreign trade
zone without formal U.S. Customs entry, without payment of Custom duties or excised taxes, and
without being subject to import limitations or restrictions. If the final product is exported from the
United States, the U.S. Customs duties are excise taxes are not levied. Materials imported are also
2
exempt from ad valorem taxes if they are imported from outside the United States, held in a zone
and then exported either in their original form or altered. A foreign trade zone or sub-zone may be
established as an economic development incentive.
Foreign Trade Zones are not approved by municipalities; however, requesting property owners must
receive a letter of support from all impacted taxing jurisdictions as part of their application process.
Therefore, this letter of support is just one step in the application process for Norwex USA.
Legal Review:
Agenda item did not require legal review.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4194
File ID: Type: Status: 2018-4194 Agenda Item Agenda Ready
1Version: Reference: In Control: Finance
09/26/2018File Created:
Final Action: Water and Sewer Fund Report to CouncilFile Name:
Title: Report on the Water and Sewer Fund and Advanced Water Meter Project
Update.
Notes:
Agenda Date: 10/23/2018
Agenda Number: 13.
Sponsors: Enactment Date:
Water Sewer Report and Meter Project Update.pdfAttachments: 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 10/23/2018City Council
Text of Legislative File 2018-4194
Title
Report on the Water and Sewer Fund and Advanced Water Meter Project Update.
Summary
See attached memo.
Fiscal Impact:
There is no fiscal impact as no action is being taken.
Staff Recommendation:
This item is a report and update, so no action is necessary.
Goal Icon:
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4194)
Sustainable City Government
Page 2City of Coppell, Texas Printed on 10/19/2018
MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: October 23, 2018
Reference: Report on Water and Sewer Fund and Advanced Water Meter Project Update
2030: Sustainable City Government
Introduction:
This agenda item is being presented to report on the impact of Dallas Water Utilities (DWU) and Trinity
River Authority (TRA) costs on the Water Sewer Fund and provide an update on the Advanced Water Meter
Project.
Analysis:
DWU Update: DWU and the Sabine River Authority (SRA) settled their dispute that began in 2015 when
their water supply contract expired, and they could not agree on the renewal language related to
compensation. At that time, the amount DWU paid SRA increased from $3 million to $24.1 million. Dallas
was required to pay the increase and passed that increase on to its retail and wholesale customers. This was
one of the factors that contributed to the first-rate increase in 21 years.
Dallas reacted to the rate increase from the SRA by filing a case with the PUC. The administrative law
judge set an interim rate and entered the order to establish an escrow fund. At the time the dispute was
settled, the escrow balance was approximately $70.7 million. SRA received a pre-settlement amount of
about $23.4 million. The balance of $47.3 million and any accrued interest will be used for payments in
future years until depleted. The result of the settlement is the reduction in expenses incurred by DWU.
DWU has stated that the reduction in expenses will be used to smooth future rate increase needs. The
impact of the settlement on Coppell is a 12% (or approximately $820,000) decrease in the cost of water
service provided by DWU when compared to what was included in the rate study.
TRA Update: The increase in the cost charged to Coppell by TRA to provide wastewater service is 3%
more than projected. The estimated cost was expected to decrease by nine percent. However, the cost
provided by TRA decreased by only six percent. A larger decrease in cost was expected because our inflow
and infiltration (I&I) issue was resolved, so our flow has decreased to pre-fiscal year 2015 levels. However,
TRA is expecting rate increases between 2019 and 2023 even higher than projected in the rate study
performed last year. This is because TRA increased its bond issuance projection from $490 million to
$772.5 million. The bonds are scheduled to be issued between 2018 and 2023.
Impact on Rates: These two cost centers greatly influence water and sewer rates. The current rates, based
on similar consumption by our customers, plus other water and sewer revenue streams should generate
about $19 million dollars in revenue for fiscal year 2019. Based on the new information received from
DWU and TRA, total budgeted water sewer fund expenses for the new fiscal year is $18.2 million. Leaving
the rates where they are results in an estimated increase in retained earnings of about $800 thousand.
However, it is important to keep in mind that a rainy year could reduce water sales or unanticipated
emergency repair could increase expenses.
In addition, we are installing new advanced water meters which are projected to be more accurate than
current meters. During the development and investigation phase of the water meter project, a random test
of existing meters found the meters to be registering approximately 90% of actual water consumption. The
new advanced water meters are expected to register to at least 98% of actual consumption. Due to the
advanced water meters’ more accurate reading of actual usage, registered consumption may show a decrease
or an increase. In addition, the ability of customers to monitor their usage by accessing the customer portal
will provide customers with the tool to lower their consumption.
Based on these variables and the decrease in overall water and sewer expenses, a water sewer rate increase
will not be recommended this year.
Advanced Water Meter Project Update: Information on the following items will be provided:
Internal Communication – methods being used to provide employees throughout the City with
project information, so they can answer questions about the project.
External Communication – methods used to date and future communication plans.
Installation items completed to date.
Next steps in the installation process
Reasons to disallow an opt-out option
Legal Review:
No legal review was necessary for this item.
Fiscal Impact:
There is no fiscal impact as no action is being taken.
Recommendation:
This item is a report and update, so no action is necessary.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4225
File ID: Type: Status: 2018-4225 Agenda Item Mayor and Council
Reports
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: Mayor & Council ReportsFile Name:
Title: Report by Mayor Hunt regarding Fall events.
Notes:
Agenda Date: 10/23/2018
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 10/23/2018City Council
Text of Legislative File 2018-4225
Title
Report by Mayor Hunt regarding Fall events.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4225)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/19/2018
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2018-4226
File ID: Type: Status: 2018-4226 Agenda Item Council Committee
Reports
1Version: Reference: In Control: City Secretary
10/16/2018File Created:
Final Action: Council Committee ReportsFile Name:
Title: A.CFBISD/LISD Liaison - Councilmembers Hill and Hinojosa-Smith
B.CISD Liaison - Councilmember Hinojosa-Smith
C.Coppell Seniors - Councilmembers Roden and Yingling
Notes:
Agenda Date: 10/23/2018
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 10/23/2018City Council
Text of Legislative File 2018-4226
Title
A.CFBISD/LISD Liaison - Councilmembers Hill and Hinojosa-Smith
B.CISD Liaison - Councilmember Hinojosa-Smith
C.Coppell Seniors - Councilmembers Roden and Yingling
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Page 1City of Coppell, Texas Printed on 10/19/2018
Master Continued (2018-4226)
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 10/19/2018