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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: September 24, 2019
Reference: Discussion regarding a Dallas County request for a contribution of $5,000 from Coppell to
help fund a countywide census effort to increase the Census response rates across Dallas
County.
2030: Special Place to Live, Sustainable City Government, Community Enrichment &
Wellness, Sense of Community
Executive Summary:
On August 29, 2019, staff received an email request from Dallas County regarding a Request for Proposals
(RFP) that the County was putting out on September 3, 2019. The County is asking for contributions from
municipalities within the county to fund the effort. The overall purpose of the RFP is to increase the census
response rates across Dallas County. The RFP is attached for your reference and explained in more detail
below.
Introduction:
The RFP is not to replace efforts already underway in Coppell, but will be in addition to what we are already
doing and plan on doing prior to census day April 1, 2020. The funding Coppell puts toward this effort will
be spent in our jurisdiction. Furthermore, our contribution will be enhanced by county funds and the vertical
integration a shared vendor will provide. The RFP is divided into the following four independently bid tasks:
1. Census Campaign Strategy Management and Oversight
2. Census Data Analysis, Mapping, and Reporting
3. Census Messaging and Marketing
4. Community-Based Engagement
Dallas County intends to field proposals from prospective vendors for a period of six weeks starting September
3, 2019. Immediately following, a proposal will be selected and contract negotiations including final cost
analysis will begin with the contract to be awarded in November.
The County has reached out to all municipalities within the County. They are asking for financial commitments
from cities in the amount of $5,000 per 50,000 population. Further, they are asking that our city make that
financial commitment by September 30, 2019, in order for Dallas County to be prepared for final negotiations
with the selected vendor. According to Dallas County, any investment into this effort by any municipality will
be returned force multiplied by Dallas County.
1
Analysis:
Staff was contacted by Andrew Fortune, Assistant to the City Manager in Grand Prairie, to see if we were
contributing to this effort. Staff told him that we were still analyzing the request, but that we were
recommending it to Council. He shared a survey he was conducting related to other cities within Dallas County
planning to contribute. These are:
Dallas
Richardson,
Irving,
Grand Prairie,
Mesquite, and
Addison.
Legal Review: N/A
Fiscal Impact:
Dallas County is asking for financial commitments from cities in the amount of $5,000 per 50,000 population;
therefore, the City of Coppell would contribute $5,000 if approved.
Recommendation:
Staff is recommending approval of the $5,000 contribution to Dallas County for countywide census efforts.
Attachments:
Dallas County Request for Proposals
2
Resolution
Dallas County
Solicitation/Contract
COURT ORDER / BRIEFING
Executive Session
Addendum
Commissioners Court - Sep 03 2019
Authorize and approve the release of the Request for Proposal 2019-XXX-XXXX
for 2020 Census Participation Initiative for Dallas County and authorize the
Purchasing Department to Release, Advertise, and Negotiate in accordance with
local procurement laws.
Sep 3 2019
Briefing Date:
Funding Source: N/A
Originating Department: Purchasing
Prepared by: Debra Morris,
Recommended by: Debra Morris,
BACKGROUND INFORMATION:
A Request for Proposal has been written seeking solicitations from firms, organizations and/or individuals for
Census Participation Initiative for Dallas County.
In accordance with County policy, the purpose of this briefing is to request the authority to advertise a request
for proposal for the aforementioned services, and negotiate with the highest ranked firms to present to
Commissioners Court for contract execution.
OPERATIONAL IMPACT:
The emphasis of this solicitation is to seek qualified professional service providers who will perform outreach
,who will aggressively targeting all populations, especially those who are hard-to-count.to assist Dallas County
with improvement to the 2010 Census . The rating criteria and points assigned are as follows:
Evaluation Criteria and Weights Maximum Points
Factor 1: Qualifications & Experience 20
Factor 2: Capacity & Resources 25
Factor 3: Organization & Project Methodology 15
Factor 4: Cost and Other Fees 20
Factor 5: Financial Stability 5
Factor 6: Small Business Enterprise 15
Total Points 100
The proposals will be evaluated and scored by representatives from various county departments
FINANCIAL IMPACT:
N/A
LEGAL IMPACT:
Upon final evaluations and scoring of all proposals, a formal contract will be drafted by the Civil Division of the
vendor(s). The formal contract(s) will then be submitted for Commissioners Court approval.
PROJECT SCHEDULE:
N/A
SBE PARTICIPATION:
N/A
ADMINISTRATIVE PLAN COMPLIANCE:
N/A
RECOMMENDATION:
Authorize and approve the release of the Request for Proposal 2019-XXX-XXXX for 2020 Census Participation
Initiative for Dallas County and authorize the Purchasing Department to Release, Advertise, and Negotiate in
accordance with local procurement laws.
MOTION:
On a motion made by TBD, and seconded by TBD, the following order will be voted on
by the Commissioners Court of Dallas County, State of Texas:
Be it resolved and ordered that the Dallas County Commissioners Court does hereby
Authorize and approve the release of the Request for Proposal 2019-XXX-XXXX for
2020 Census Participation Initiative for Dallas County and authorize the Purchasing
Department to Release, Advertise, and Negotiate in accordance with local procurement
laws.
CONTRACT DETAILS:
Request for Proposal 2019-XXX-XXXX for 2020 Census Participation
Contract Title:
Initiative for Dallas County
Description: 2020 Census Participation Initiative for Dallas County
Transaction Type: New
Contract Number: 2019-XXX-XXXX Total Cost: N/A
Start Date: Expiration Date:
Vendor: N/A
ATTACHMENTS:
RFP 2020 Census revised DRAFT 8_30_19
DALLAS COUNTY
RFP NO. 2019-XXX-XXXX
REQUEST FOR PROPOSAL FOR
2020 Census Participation Initiative
for Dallas County
PROPOSALS DUE:
Date:
TBD @ 2:00pm
Dallas County Purchasing Department
900 Jackson St. Suite 680
Dallas, Texas 75202
PRE-PROPOSAL CONFERENCE:
Date:
TBD @TBD
Location: TBD
TABLE OF CONTENTS
Section I: Notice to Bidders ...................................................................................3
Section II: General Requirements ........................................................................4
Section III: Introduction .........................................................................................9
Section III: Evaluation Criteria ................................................................................7
Section IV: Processes ........................................................................................ 11
Section V: Evaluation Criteria ............................................................................. 12
Section VI: Award ................................................................................................ 13
Section VII: Award and Negotiation Process ....................................................... 14
Section VIII: Small Business Enterprise ............................................................... 15
Section IX: Selection of Firm ............................................................................... 19
Section X: Stipulations ......................................................................................... 19
Section XI: List of Attachments to be returned ..................................................... 20
Section XII: Order of Precedence ......................................................................... 22
Section XIII: Scope of Services .......................................................................... 20
Section XIV: Background ................................................................................... 20
Section XV: Requirements and Task .................................................................. 22
Section XVI: Other Requirements, Terms, Conditions Insurances ..................... 22
Section XVII: Indemnifications ............................................................................. 33
Section XVIII: Survival: 34
Mandatory Small Business Enterprise Forms
Conflict of Interest Questionnaire
Voluntary Moratorium of Campaign Contributions Form
Cost Worksheet
W9 Form
Title VI Assurances/Compliance
Certificate of Interested Parties
TEXAS GOVERNMENT CODE CHAPTER 2270 VERIFICATION FORM
TEXAS GOVERNMENT CODE CHAPTER 2252 CERTIFICATION FORM
RFP 2019-XXX-XXX P AGE 2
I
NOTICE TO ALL BIDDERS:
All questions regarding this RFP are to be submitted, in writing, to Debra Morris, Contracts
Specialist , via e-mail @ debra.moris@dallascounty.org .
All questions, comments and requests for clarification must reference the RFP number on all
correspondence to Dallas County. Any oral communications shall be considered unofficial and non-
binding.
Only written responses to written communication shall be considered official and binding upon the
County. The County reserves the right, at its sole discretion, to determine appropriate and adequate
responses to the written comments, questions, and requests for clarification.
All addenda and/or any other correspondence (general information, question and responses) to this
RFP will be made available exclusively through the Dallas County website for retrieval. Vendors
are solely responsible for checking this website for updates to this RFP. Addendums to this RFP
can be located at the following web address:
http://www.dallascounty.org/department/purchasing/currentbids.html (go to the appropriate
solicitation number, click on the appropriate hyperlink for viewing and/or downloading.)
During the proposal process, firms shall not contact County staff. Additionally, firms and their
employees of related companies as well as paid or unpaid personnel acting on their behalf shall not
contact or participate in any type of contact outside the County offices with County employees,
including elected officials. Such contact may result in the vendor being disqualified. All contact
must be coordinated through Debra Morris , Contracts Specialist , for this procurement.
P RE-P ROPOSAL C ONFERENCE
The County has scheduled a pre-proposal conference to be held on TBD @TBD . The location is the TBD
The County will hold one pre-proposal conference as detailed in this document. Attendance at the pre-
proposal conference is encouraged but is not mandatory. The purpose of this conference is to facilitate
responses to all questions concerning the content of this RFP document As a result; initial
questions are to be submitted, in writing, to Debra Morris by TBD @TBD . Staff will attempt to answer
these questions during the pre-proposal conference.
Additional Questions and Answers during and/or after the Pre-Proposal Conference.
Firms will be required to submit additional questions presented at the pre-proposal and/or after the
conference. All final questions must be received by TBD @ TBD.
as previously stated
herein. Dallas County reserves the right to reject/not respond to any questions received after the deadline
date.
RFP 2019-XXX-XXX P AGE 3
II
GENERAL REQUIREMENTS FOR PROPOSALS
READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR
FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM.
General Requirements apply to all advertised requests for proposals; however, these may be superseded, whole or in
part, by OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your proposal package is
complete.
ACCESS TO RECORDS
In special circumstances, vendor may be required to allow duly authorized representatives of Dallas County, the
Dallas County Hospital District or the state and federal government access to contracts, books, documents, and
records necessary to verify the nature and extent of the cost of services provided by vendor. Vendor must keep
records within Dallas County or note in proposal that records will be available within the boundaries of Dallas County
to those representatives within twenty-four (24) hours of request by the County.
ACH VENDOR PAYMENT
Dallas County offers ACH vendor payment services for all vendors providing products or services. For more
information regarding Paymode-X, please visit our website at: http://portal.paymode.com/dallascounty/ or call
Account Payable Division at
214.653.6473.
ADDENDA
When specifications are revised, the Dallas County Purchasing Department will issue an addendum addressing the
nature of the change. Offerors must sign and include it in the returned proposal package.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Dallas
County Commissioners Court or other applicable governing body.
BONDS
If this RFP requires submission of proposal guarantee and performance and payment bonds, there will be a separate
page explaining those requirements. Proposals submitted without the required proposal bond or cashier's checks are
not acceptable.
CERTIFICATE OF INTERESTED PARTIES (FORM 1295)
Texas law requires all parties who enter into any contract with the County which must be approved by Commissioners
Court to disclose all interested parties. Form 1295 must be completed in its entirety at the following website:
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm prior to submitting your response. Failure to do so
may result in disqualification of your response.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION
The Contractor certifies by execution of this Contract that it is not ineligible for participation in federal or state
assistance programs under Executive Order 12549, "Debarment and Suspension." Additionally, contractor warrants
and represents by execution of this Contract that it is not debarred, suspended, or otherwise excluded from or
ineligible for participation in any Federal programs, including but not limited to the following: Department of Health
and Human Work (DHHS), Office of Inspector General (OIG) - List of Excluded Individuals & Entities (LEIE); U.S.
General Work Administration (GSA) Excluded Parties List System (EPLS); All States (50) Health & Human Work
Commission Medicaid OIG Sanction List; Government Terrorist Watch List (OFAC / Patriot Act); Department of
Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security,
Immigration and Customs Enforcement (ICE) Most Wanted. The Contractor further agrees to include this certification
in all contracts between itself and any subcontractors in connection with the services performed under this Contract.
Contractor also certifies that contractor will notify Dallas County in writing immediately if contractor is not in
compliance with Executive Order 12549 during the term of this contract. Contractor agrees to refund Dallas County
for any payments made to the contractor while ineligible.
COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
The vendor shall follow all federal, state, and local laws, rules, codes, ordinances, and regulations applicable to the
Pursuant to Chapter 2252, Texas Government Code, the vendor represents and certifies that, at the time of execution
of this Contract/Agreement neither the vendor, nor any wholly owned subsidiary, majority-owned subsidiary, parent
RFP 2019-XXX-XXX P AGE 4
company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as
described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas
Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051,
807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has
the meaning assigned to such term in Section 2252.151 of the Texas Government Code.
The vendor warrants and represents that it will pay all its workers all monies earned by its workers including, but not
limited to regular wages, any overtime compensation, or any additional payments pursuant to the Fair Labor
Standards Act, 29 U.S.C. Section 207 9a(1), as amended; the Texas Pay Day Act; the Equal Pay Act; Title VII of the
Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et al., as amended; or any provisions of the Texas Labor Code
Ann., as amended.
Dallas County operates its business ethically and in compliance with the law.
Dallas County who believes he or she has witnessed any suspected ethical
violation or fraud immediately report the allegations to:
Dallas County Purchasing Agent, 900 Jackson Street,Suite 680, Dallas, Texas 75202, 214-653-6500
michael.Frosch@dallascounty.org
Dallas County will conduct a prompt and thorough investigation. At the conclusion of the investigation, Dallas County
will refer any suspected criminal activity to the District Attorney or an appropriate law enforcement agency.
Contractors or vendors who report suspected ethical violations or fraud can do so without fear of retaliation.
Retaliating against any contractor or vendor for reporting suspected ethical violations or fraud is strictly prohibited.
r/Vendor warrants and represents that it does not
boycott Israel and agrees that it will not boycott Israel during the term of this contract.
CONTRACT OBLIGATION
Dallas County Commissioners Court must award the contract and the County Judge or other person authorized by the
Dallas County Commissioners Court must sign the contract before it becomes binding on Dallas County or the
offerors. Binding agreements shall remain in effect until all products and/or services covered by this purchase have
been satisfactorily delivered and accepted.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Dallas County and the offeror. Any price escalations
are limited to those stated by the offeror in the original proposal.
CONTRACT TRANSITION
In the event services end by either contract expiration or termination, it shall be required that the vendor continue
services if requested by Dallas County Purchasing, until new services can be completely operational. The vendor
acknowledges its responsibility to cooperate fully with the replacement vendor and Dallas County to ensure a smooth
and timely transition to the replacement vendor. Such transitional period shall not extend more than ninety (90) days
beyond the expiration/termination date of the contract, or any extension thereof. The vendor shall be reimbursed for
services during the transitional period at the rate in effect when the transitional period clause is invoked by Dallas
County. During any transition period, all other terms and conditions of the contract shall remain in full force and effect
as originally written and subsequently amended.
DIGITAL FORMAT
If offeror obtained the bid specifications in digital format in order to prepare a response, the proposal must be
submitted in hard copy according to the instructions contained in this proposal package. If, in its proposal response,
offeror makes any changes whatsoever to the County's published proposal specifications, the County's proposal
specifications as published shall control. Furthermore, if an alteration of any kind to the County's published proposal
specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject
to immediate cancellation.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Dallas County
certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce
Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the
bid made to any competitor or any other person engaged in such line of business. Any or all proposals may be
rejected if the County believes that collusion exists among the offerors. Proposals in which the prices are obviously
unbalanced may be rejected. If multiple proposals are submitted by an offeror and after the proposals are opened,
one of the proposals is withdrawn, the result will be that all of the proposals submitted by that offeror will be
RFP 2019-XXX-XXX P AGE 5
withdrawn; however, nothing herein prohibits a vendor from submitting multiple proposals - for different products or
services.
E-MAIL ADDRESSES CONSENT
Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to Dallas County, the Dallas
County Flood Control District, the Dallas County Hospital District Dallas County Appraisal District, or any agency of
Dallas County. This consent is intended to comply with the requirements of the Texas Public Information Act, Tex.
e-d shall apply to
any e-mail address provided in any form for any reason whether related to this bid/proposal or otherwise.
EVALUATION
Evaluation shall be used as a determinant as to which proposed items or services are the most efficient and/or most
economical for the County. It shall be based on all factors which have a bearing on price and performance of the
items in the user environment. All proposals are subject to negotiations by the Dallas County Purchasing
Department with recommendation to the appropriate governing body. Compliance with all requirements, delivery and
needs of the using department are considerations in evaluating proposals. Pricing is NOT the only criteria for
making a recommendation. A preliminary evaluation by Dallas County will be held and appropriate proposals will be
subjected to the negotiating process and a request for a Best and Final Offer. Upon completion of the negotiations,
Dallas County will make an award. All proposals that have been submitted shall be available and open for public
inspection after the contract is awarded except for trade secrets or confidential information contained in the proposals
and identified as such.
FISCAL FUNDING
A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any
contract continuing as a result of an extension option, must include a fiscal funding out provision in the lease or
contract. If, for any reason, funds are not appropriated by the applicable governing body to continue the lease or
contract in their sole discretion, said lease or contract shall become null and void on the last day of the current
appropriation of funds. After expiration of the lease, leased equipment shall be removed by the offeror from the using
department without penalty of any kind or form to Dallas County. All charges and physical activity related to delivery,
installation, removal and redelivery shall be the responsibility of the offeror.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the specifications, the
specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Dallas
County's interpretation shall govern.
GOVERNING LAW
This request for proposal is governed by the competitive bidding requirements of the County Purchasing Act, Texas
Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and
local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the
State of Texas and that Dallas County may request and rely on advice, decisions and opinions of the Attorney General
of Texas and the County Attorney concerning any portion of these requirements. Forum for contractual issues shall be
in Texas and venue shall be exclusively in, Dallas County, Texas, in a federal or state court of competent jurisdiction.
The County does not agree to binding arbitration and does not waive its right to a jury trial.
GRANT FUNDING
Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant
funding and the vendor/provider understands that the County has not set aside any County funds for the payment of
obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of
services paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the
provider shall be to terminate any further services under the contract and the contract shall be null and void.
HIPAA COMPLIANCE
Offeror agrees to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191 (codified at 45 C.F.R. Parts 160 and 164), as amended ("HIPAA"); privacy and security
regulations promulgated by the United States Department of Health and Human Services ("DHHS"); Title XIII, Subtitle
D of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, as amended ("HITECH Act");
provisions regarding Confidentiality of Alcohol and Drug Abuse Patient Records (codified at 42 C.F.R. Part 2), as
amended; and TEX. HEALTH & SAFETY CODE ANN. §§ 81.046, as amended, 181.001 et seq., as amended,
241.151 et seq., as amended, and 611.001 et seq., as amended collectively referred to as "HIPAA", to the extent that
RFP 2019-XXX-XXX P AGE 6
the Offeror uses, discloses or has access to protected health information as defined by HIPAA. Offeror may be
required to enter a Business Associate Agreement pursuant to HIPAA.
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify, defend, and hold Dallas County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from contractor's performance.
Contractor shall procure and maintain, with respect to the subject matter of this proposal, appropriate insurance
coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's
liability as may arise directly or indirectly from work performed under terms of this proposal. Certification of such
coverage must be provided to the County upon request.
INSPECTIONS & TESTING
Dallas County reserves the right to inspect any item(s) or service location for compliance with specifications and
requirements and needs of the using department. If an offeror cannot furnish a sample of a proposed item, where
applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the proposal as
inadequate.
INVOICES AND PAYMENTS
Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating
the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price
and/or is otherwise incorrect, will be returned to the offeror for correction. Under term contracts, when multiple
deliveries and/or services are required, the offeror may invoice following each delivery and the County will pay on
invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all
payments made for goods and/or services provided under this contract, the offeror should provide his Taxpayer
Identification Number or social security number as applicable. This information must be on file with the Dallas County
-up withholding as
required by the Internal Revenue Service.
MAINTENANCE
Maintenance required for equipment proposed should be available in Dallas County by a manufacturer-authorized
maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information form. If Dallas County
opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will
commence only upon expiration of applicable warranties and should be priced accordingly.
NEW MILLENIUM COMPLIANCE
All products and/or services furnished as part of this contract must be compliant for the present year and forward.
This applies to all computers including hardware and software as well as all other commodities with date sensitive
embedded chips.
POTENTIAL CONFLICTS OF INTEREST
An outside consultant or contractor is prohibited from submitting a proposal for services on a Dallas County project of
which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint
venturer or was in any other manner associated by ownership to any party that was a designer or other previous
contributor. If such a consultant or contractor submits a prohibited proposal, that proposal shall be disqualified on the
basis of conflict of interest, no matter when the conflict is discovered by Dallas County. Potential bidders are advised
that they may have disclosure requirements pursuant to Texas Local Government Code, Chapter 176. This law
requires persons desiring to do business with the County to disclose any gifts valued in excess of $250 given to any
family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the
Dallas County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law.
Contractor shall not use funds to directly or indirectly pay any person for influencing or attempting to influence any
public employee or official in connection with the awarding of any contract or the extension, continuation, renewal,
amendment or modification of any contract.
Additionally, pursuant to 31 U.S.C.A. § 1352 (2003), if at any time during the contract term funding to contractor
PROPOSAL FORM COMPLETION
RFP 2019-XXX-XXX P AGE 7
Fill out and return to the Dallas County Purchasing in an appropriately sized envelope or box. PACKAGE MUST
SHOW THE RFP An authorized representative of the
offeror should sign the Proposal Cover Sheet. The contract will be binding only when signed by Dallas County, funds
are certified by the County Auditor and a Purchase Order issued.
PROPOSAL RETURNS
Offerors must return all completed proposals to the Dallas County Purchasing Department reception desk at 900
Jackson Street, Suite 680, Dallas, Texas before 2:00 P.M. LOCAL TIME IN DALLAS, TEXAS on the date specified.
Late proposals will not be accepted for any reason.
SCANNED OR RE-TYPED RESPONSE
If in its response, offeror either electronically scans, re-types, or in some way reproduces the County's published
proposal package, then in the event of any conflict between the terms and provisions of the County's published proposal
package, or any portion thereof, and the terms and provisions of the response made by offeror, the County's proposal
package as published shall control. Furthermore, if an alteration of any kind to the County's published proposal
package is only discovered after the contract is executed and is or is not being performed; the contract is subject to
immediate cancellation.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications
shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications
and it is hereby declared that such remaining portions would have been included in these requirements and the
specifications as though the invalid portion had been omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description
concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only
material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on
the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in
production to commercial trade and shall be of the highest quality as to materials used and workmanship.
Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an
established supplier of the item proposed.
SUPPLEMENTAL MATERIALS
Offerors are responsible for including all pertinent product data in the returned proposal package. Literature,
brochures, data sheets, specification information, completed forms requested as part of the proposal package and
any other facts which may affect the evaluation and subsequent contract award should be included. Materials such
as legal documents and contractual agreements, which the offeror wishes to include as a condition of the proposal,
must also be in the returned proposal package. Failure to include all necessary and proper supplemental materials
may be cause to reject the entire proposal.
TAXES
Dallas County is exempt from all federal excise, state and local taxes unless otherwise stated in this document.
Dallas County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended.
Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Dallas County
Purchasing Agent.
TERM CONTRACTS
If the contract is intended to cover a specific time period, the term will be given in the specifications under SCOPE.
TERMINATION
Dallas County reserves the right to terminate the contract for default if offeror breaches any of the terms therein,
including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of
termination is in addition to and not in lieu of any other remedies which Dallas County may have in law or equity.
Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper
amount of time, and/or to properly perform any and all services required to Dallas County's satisfaction and/or to
meet all other obligations and requirements. Dallas County may terminate the contract without cause upon thirty (30)
days written notice.
TERMINATION FOR HEALTH AND SAFETY VIOLATIONS
RFP 2019-XXX-XXX P AGE 8
Dallas County has the option to terminate this contract immediately without prior notice if offeror fails to perform any
of its obligations in this contract if the failure (a) created a potential threat to health or safety or (b) violated a law,
ordinance, or regulation designed to protect health or safety.
WAIVER OF SUBROGATION
Offeror and offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against Dallas
County as an indirect party to any suit arising out of personal or property damages resulting from offeror's
performance under this agreement.
.
RFP 2019-XXX-XXX P AGE 9
III
INTRODUCTION
The following requirements and instructions supersede General Requirements where applicable.
VENDOR INSTRUCTIONS
Responses to this Request for Proposal (RFP) shall be formatted and organized in the following order for
consistency and easy screening:
All proposals must be typed, single spaced, and printed single-
One (1) original, , and two (2) copies, must
be submitted in separate three-ring, loose-leaf binders with identification of the vendor, the RFP
number as located on the RFP cover sheet, and the RFP title on the front cover. Nine (9) USB / Flash
drive of proposal excluding Companies Financial Stability, Cost and Small Business Enterprise
information.
Proposer shall submit in a sealed envelope; Envelope 1: Company Financial Stability. Envelope 2-
Small Business Enterprise. Envelope 3- Cost and other Fees.
The complete proposal response must be sealed in an envelope or box for delivery to the Office of the
Dallas County Purchasing Agent.
with the section number should separate each section.
Prepare a Table of Contents for the proposal being submitted and place it after the RFP cover
sheet and before Section I. The Table of Contents must list Sections I-VII and the contents of each
section.
Proposals must be submitted in the following order:
RFP Cover Sheet
Table of Contents
Section I: Transmittal Letter, Residence Certification (Attachment a), Proof of Insurance and
signed Addenda (when applicable; see Addenda under General Requirements) The
transmittal letter should include:
Company name and address; name, title, email, telephone and fax number of person(s) to
be contacted for clarifications or additional information regarding proposal;
Name, title, email, telephone and fax number of person authorized to contractually obligate
census strategy management experience, census messaging and marketing,
community-based engagements or any other work relevant to this RFP.
Section II: Scope of Service/Narrative of Proposed Team and Services
referred methods for meeting
requirements and/or deliverables in the specifications.
Provide the greatest amount of meaningful detail possible to describe the proposed
products/services. Indicate if vendor can meet the specifications, or if the specifications
can be met only under certain conditions or circumstances. If vendor is not able to meet
the specification, briefly explain why, noting any concerns or issues Dallas County
should be aware of.
required services. The resumes
shall include academic qualification, professional experience, and professional license if
applicable, with supporting documents. Resumes of the proposed key personnel,
detailing managerial and technical qualifications, shall be included. Particular attention
and appropriate evaluation credit will be given to the track record of the proposed key
RFP 2019-XXX-XXX P AGE 10
personnel in successfully completing projects of comparable scope and complexity to
that described in this RFP.
Provide a detailed description of why vendor is best qualified to engage in the proposed
activities/tasks.
Each vendor will provide a Task sensitive projected timeline. Each Task being
responded to must contain; a start to finish timeline, provide and explain the number of
staff required to accomplish each tasks, best practice communication and reporting
guidelines for each Task please refer to pages 5-6 of this RFP.
Mere reiterations of specifications are strongly discouraged, as they do not provide insight
into the vendor
Section III: Pricing Information See PRICING/DELIVERY INFORMATION page for instructions.
Section IV: Organizational Information/Qualifications
Company and project team organization chart
Description of project team organization; names and resumes of team members
Financial Statements or Attachment g
Licenses/accreditations
References (Attachment h)
Copy of completed Certificate of Interested Parties Form 1295
Provide examples of past experience developing programs or services that are
described in the scope of work and by Task that the vendor is applying
the responsible staff member(s) proposed to be involved in the performance of the
project
Knowledge of the decennial census, its challenges and importance, particularly in Dallas
County
High level of comfort working with relevant stakeholders, including public, private,
nonprofit, elected officials, community groups, and others.
Diversity, Equity, and Inclusion (DEI) Vendors must have lived experience and/or deep
understanding of the interconnection between diversity, equity, and inclusion, the historic
and current policies and systemic barriers to achieving equity and experience identifying,
implementing and evaluating strategies that advance DEI.
Previous campaign management experience is a plus, including demonstrated
experience developing communications and field strategies and tactics that successfully
activate racially and ethnically diverse, limited English proficient communities, and
geographically isolated or remote communities.
For Task 1- Census Campaign Strategy Management and Oversight, vendors (s)
must show at least three (3) years of experience creating strategies and campaign
oversight for a successful public outreach campaign to reach populations like the easy,
hard, and hardest-to-count populations. Preference for Census experience.
For Task 2 Census Data Analysis, Mapping, and Reporting, vendor(s) must show
at least five (5) years of experience generating, analyzing, and reporting of Census or
population related data, including geo-coding and mapping of data and creating reports
regarding demographic, socio-economic profiles, research of selected populations for
targeting, and experience in developing statistical and predictive modeling in the service
of campaign development at the individual or household level.
RFP 2019-XXX-XXX P AGE 11
For Task 3 Census Messaging and Marketing, vendor(s) must show at least four (4)
years of experience successfully leading large scale multi-level media and marketing
campaigns, including experience with non-English speaking audiences.
For Task 4 Community-based Engagement, vendor(s) must have experience in
coalition-building and working with at least twenty (20) community-based organizations
in Dallas County to increase their capacity to self-advocate and engage their local
population and neighborhood. The vendor must have a successful track record working
on activities that increase community engagement or civic participation, such as
community organizing, public education, outreach, advocacy, or canvassing. Vendors
should also demonstrate established relationships with hard-to-count communities and
demonstrated experience in identifying, recruiting, and working with trusted messengers
and community leaders to reach priority populations.
Section V: Legal Documents Include any standard agreement(s) and/or contracts(s) associated with
Section VI: Questionnaire (Attachment j) Vendor must complete and return all answers to the
questionnaire in the order in which they are listed. Failure to do so may result in
disqualification.
Section VII: Miscellaneous State exceptions to any of the requirements in this RFP, if any. Company
brochures, marketing materials, or any other information vendor deems appropriate to the
RFP response may be included in this section.
Dallas County will not be liable for any costs incurred by the vendor in preparing a response to this RFP.
Vendors submit proposals at their own risk and expense. Dallas County makes no guarantee that any
products or services will be purchased as a result of this RFP, and reserves the right to reject any and all
proposals.
All proposals and accompanying documentation will become the property of Dallas County. All proposals are
open to negotiation.
The vendor is expected to examine all documents, forms, specifications, and all instructions. Failure to do
At and after opening, proposals will NOT be part of the public record and subject to disclosure, but will be
kept confidential until time of award and execution of an agreement. When an award is made and an
agreement is e
permitted by law, vendors may request in writing non-disclosure of confidential data. Such data shall
accompany the proposal, be readily separable from the proposal, and shall be CLEARLY MARKED
For those portions identified as confidential by the vendor, Dallas County must rely on
advice, decisions and opinions of the Attorney General of the State of Texas relative to the disclosure of
data or information.
IV
EVALUATION PROCESS
All proposals will be examined by an evaluation committee consisting of various Dallas County personnel,
Dallas County Purchasing, and representatives selected by the City of Dallas in proportion to contribution
sizes.
Proposals that do not conform to the instructions or which do not address all the services as specified may be
eliminated from consideration. However, Dallas County reserves the right to accept such a proposal if it is
determined to be in the best interest of Dallas County.
RFP 2019-XXX-XXX P AGE 12
While Dallas County appreciates a brief, straightforward, concise reply, the proposer must fully understand
that the evaluation is based on the information provided. Accuracy and completeness are essential.
Omissions, ambiguous and equivocal statements may be construed against the proposer. The proposal
response may be incorporated into any contract which results from this RFP, and vendors are cautioned not
to make claims or statements it is not prepared to commit to contractually. Failure of the vendor to meet such
claims will result in a requirement that the vendor provide resources necessary to meet submitted claims.
Dallas County Purchasing may initiate discussions with selected vendors; however, discussions may not be
initiated
authorized to contractually obligate the vendor with an offer. Vendors shall not contact any Dallas County
personnel during the RFP process without the express permission from the Office of the Dallas County
Purchasing Agent. Dallas County Purchasing may disqualify any vendor who has made site visits, contacted
Dallas County personnel or distributed any literature without authorization from Dallas County Purchasing.
All correspondence relating to this RFP, from advertisement to award shall be sent to Dallas County
Purchasing. All presentations and/or meetings between Dallas County and the vendor relating to this RFP
shall be coordinated by Dallas County Purchasing.
Selected vendors may be expected to make a presentation/product demonstration to an evaluation
committee. Proposals, vendor presentations and product/service evaluations may develop into negotiating
sessions with the vendor(s) as selected by the Evaluation Committee. Dallas County expects to conduct
vendor is unable to agree to contract terms and conditions, Dallas County reserves the right to terminate
contract negotiations with that vendor and initiate negotiations with another vendor. In addition to a
presentation, visits by the Evaluation Committee to representative vendor client sites may be conducted where
the proposed solution can be demonstrated in a production environment.
V
EVALUATION CRITERIA
Award shall be made to the responsible vendor or vendor(s) whose proposal(s) are determined to be the
best evaluated offer resulting from negotiations and taking into consideration all aspects of proposal
evaluation criteria and submission items. Submission of a proposal implies vendor acceptance of the
evaluation criteria and vendor recognition that subjective judgments must be made by the Evaluation
Committee:
Qualifications & Experience (20)
Vendor provides qualifications and experience of staff to be assigned to project. Vendor
demonstrates ability to meet the qualifications and compliance requirements listed herein. Vendor
demonstrates specialized experience or technical expertise in connection with the scope of services
to be provided and complexity of the project, which includes a thorough description of other
one described in this RFP.
Capacity & Resources (25)
Vendor demonstrates staffing size and capacity of the organization to perform the work within time
limitations, taking into consideration the current and projected planned workload of the vendor.
Vendor demonstrates understanding of scope of the project. Vendor demonstrates ability to perform
requested services for similar projects of scope and scale by providing three recent examples of
projects completed on budget and on time. Firm demonstrates sufficient financial capacity and
acceptable business practices.
RFP 2019-XXX-XXX P AGE 13
Organization & Project Methodology (15)
Vendor describes how the services will be provided and how they will be supported. Vendor
describes the approach that the vendor will take to achieve the required services, scheduling,
and coordination required for this project. Presented deliverables and timeline will be evaluated
against all others.
EVALUATION CRITERIA (continued)
Cost and Other Fees /Pricing (Separate Envelope) (20)
Financial Stability (Separate Envelope) (5)
Small Business Enterprise (Separate Envelope 15
Total 100
that subjective judgments must be made by the Evaluation Committee.
VI
AWARD
Dallas County reserves the right to award the contract to multiple vendors but would prefer a single provider
who will coordinate with the necessary sub-contractors to perform the required tasks. Dallas County reserves
the right to award to either each task individually or in its entirety. The recommendation will be made in the
best interest of Dallas County.
No award can be made until approved by Dallas County Commissioners Court or by Dallas County
Commissioners Court and the City of Dallas City Council in the event of equal financial participation.
This RFP does not obligate Dallas County or the City of Dallas to the eventual purchase of any
product/service described, implied or which may be proposed. Progress toward this end is solely at the
discretion of Dallas County and the City of Dallas and may be terminated at any time prior to execution of an
agreement.
REFERENCES
Vendor must provide a minimum of three (3) references as detailed in attachment h, or letters of reference
from companies for whom vendor has provided similar services. Letters or references Letters or references
must include the following information:
Organizational/client name/address
Name of contact person
Email of contact person
Telephone number for contact
Vendor services provided to this client
Professional relationship with the organization/client
Description of quality of personnel provided by vendor
Whether the organization/ client would recommend vendor
Dallas County may conduct reference checks to verify and validate vendors past performance. Reference
checks indicating poor or failed performance by vendor will be cause for rejection of the response
submitted. In addition, failure to provide verifiable letters of reference or attachment h., References, will be
cause for rejection of the response submitted. References from large government entities are preferred.
RFP 2019-XXX-XXX P AGE 14
PROCEDURES AND PROCESSES:
a. Management and coordination of the evaluation process including all meetings, requests, and
documentation will be handled by the Dallas County Purchasing Department Procurement
Coordinator.
b. Evaluation Committee will be composed of various County departments or various County
Departments and City of Dallas staff in the event of equal financial participation.
c. Each RFP shall be evaluated for completeness and for compliance with the requirements of this
RFP and will be independently evaluated by each Evaluation Committee member.
d. The evaluation of Proposals will be reviewed, evaluated, and ranked by the Evaluation
Committee.
e. Request for Proposals which substantially deviate from the basic intent of the RFP will be
eliminated.
f. If desired by the Evaluation Committee, written, site visits, and/or oral presentations to
supplement the Request for Proposal for the purpose of clarification from selected Respondent
(s) may be requested. The time and place for oral presentations will be announced at a later
date, if such a presentation is required.
g. Statement of Proposal will be assessed to determine the most comprehensive, competitive
and best value solution for County.
h. All Respondents will be accorded fair and equal treatment.
i.Recommendation will made to Dallas County Commissioners Court to the firm(s) evaluated to be
most qualified, highest rated and offering the best value to County. Upon formal approval, a
contract will be formally drafted and entered into with the selected firm(s).
VII
AWARD AND NEGOTIATION PROCESS
All RFPs received by the specified deadline will be reviewed and evaluated consistently with the stated
Evaluation and Selection Factors. Before the final evaluation and ranking of RFP Request for Proposal
is complete the County, at its sole discretion, may request interviews, presentations, and/or site visits
with Respondent(s) found to be among the most qualified or shortlisted firm(s). Proposals will be ranked
based on final evaluation with a recommendation to begin negotiations with the Respondent that
received the highest evaluation.
The Respondent awarded or chosen pursuant to the provisions of this section will include and be
limited to evaluation criteria listed in the RFP. Upon completion of the evaluation process, the
Evaluation Committee will make a recommendation to County Commissioners Court to award to the
highest rated firm(s).
Negotiations may or may not be conducted with the finalist(s); therefore, the RFP Request for
Proposal submitted should contain Respondes most favorable terms and conditions, since selection
and award may be made without further discussion or need for clarification.
Any exceptions to the terms and conditions of the proposed contract or the statements regarding
Respondes inability to comply with any of the provisions thereof are to be declared in the
Respondes proposal.
RFP 2019-XXX-XXX P AGE 15
In the event that County cannot reach agreement with the selected firm by negotiation of a contract,
County may formally end negotiations by written notification to the selected firm. County shall have the
right,butnottheobligation,tosequentiallynegotiatewiththenextmost-qualifiedfirmandwill continuein
this manner until either a contract is awarded or this Request for Proposal is canceled. Upon
successful completion of negotiations, the results will be reduced to a written contract for the services to
berendered. Such contract may contain additional requirements from County.
All necessary contract documents will be prepared by the Dallas County District Attornes Office and
will be tailored specifically for this RFP. No contract shall be binding on County until it has been
approved as to form by the Dallas County District Attorneys Office and executed by the Dallas County
Commissioners Court. County will not be liable for, nor will it pay for, any amount of work commenced
prior to the approval of the contract by the Dallas County Commissioners Court.
An Evaluation Team will evaluate the information provided by the proposing firms in response to the criteria
established herein. The award of the contract shall be made to the responsible respondent, whose
proposal is determined to be the best evaluated offer resulting from negotiations, taking into consideration
the evaluation factors set forth in the request for proposals as determined by the Commissioners Court.
Award of contract will be made in the best interest of the County and shall, therefore, be considered final.
Proposing firms are responsible for submitting all relevant, factual, and correct information for evaluation of
the above criteria with their proposal. The Evaluation Committee will evaluate and score each proposal
based on the data submitted.
VIII
Small Business Enterprise (SBE) Program
Definitions.
The term is defined as a business that is directly
responsible for providing the supplies or services to Dallas County as required by the
solicitation or request quotes, bids or proposals. A firm is considered to perform a
commercially useful function when responsible for the execution of a distinct element
of the work of a contract and carries out its responsibilities by actually performing,
managing and supervising the work involved. A business that stocks sufficient
quantities of supplies in direct inventory, held for sale or resale, to cover anticipated
future demands for the suppliers is preforming a commercially useful function.
a. A is defined as one who participates, through a contract or any other
contractual agreement in a County funded contract opportunity for work, labor,
services, supplies, equipment, materials, goods or any combination of the foregoing.
For purposes of this Section, a Contractor is any individual, company, or other entity
seeking to do work for Dallas County regardless of the method used to procure the
services or products, including by bid or solicitation. A Contractor includes but is not
limited to a contractor, consultant, or vendor.
b. The terms shall mean the Director of the
ce of Small Business Enterprise and include his or her designee.
c. The term shall mean the County Purchasing
Department and/or his or her designee.
RFP 2019-XXX-XXX P AGE 16
d. The shall mean the Purchasing Director
and/or his or her designee.
e. Equal Employment Opportunity Requirements. It is the policy of Dallas County to
ensure non-discrimination in the award and administration of contracts. The
Contractor or Subcontractor shall not discriminate on the basis of race, color,
religion, sex, national origin, age, disability, or genetic information in the performance
of this contract.
f. Good Faith Effort Plan. A subcontracting plan submitted in response to a Request
for Proposals (RFP) or bid/ proposal which details the Respondent
achieve the set aspirational goal or documenting it Good Faith Efforts to meet the
goals for all elements the Solicitation. A Good Faith Effort Plan must be submitted
with a bid/proposal for any Dallas County project for which goals have been
established.
g. Mentor. A mentor is a prime contractor that elects to promote and develop small
business subcontractors by providing developmental assistance designed to
enhance the business success of the protégé.
h. Mentor Protégé Agreement. An agreement entered into by a prime contractor as
the Mentor providing various forms of business development assistance to SBE
protégé firm. This assistance may include technical and/or management assistance;
financial assistance in the form of equity investments and/or loans; subcontracts;
and/or assistance in performing prime contracts with Dallas County. Mentors are
encouraged to provide assistance relating to the performance of contracts so that the
protégé firms may more fully develop their capabilities. The purpose of the mentor
protégé relationship is to enhance the capabilities of the protégé, and to improve the
i. Metropolitan Statistical Area (MSA). The Dallas County MSA includes the
following counties: Dallas, Tarrant, Denton, and Collin.
j. Protégé.
SBA Threshold requirements, performs a commercially-useful function, has a
significant business presence in the Dallas County Metropolitan Statistical Area
(MSA), and is the recipient of developmental assistance pursuant to a Mentor-
Protégé arrangement.
k. Small Business Enterprises. It is the policy of the County to support the growth
and development of Small Business Enterprises
have an equal opportunity to compete for and participate in Dallas County contracts.
Thus, Dallas County Commissioners Court has created the Office of Small Business
Enterprise to establish and oversee a Diversity Program to ensure that SBEs have
an equal opportunity to compete for and participate in Dallas County contracts. It is
Ensure nondiscrimination in the award and administration of Dallas County
contracts;
RFP 2019-XXX-XXX P AGE 17
Create a level playing field on which small businesses can compete fairly for
Dallas County contracts; and
Ensure that only firms that attempt to meet the SBE good faith efforts are
considered for applicable contract awards.
Consequently, the contractor shall carry out applicable requirements of the
good faith effort in its proposal/bid hereunder and, if awarded the contract,
the award and administration of the Contract.
SBE Goals, Good Faith Efforts and Eligibility.
th the Contract
Administration Supervisor, will set the annual SBE participation contracting/subcontracting
aspirational SBE goals for each contract. The contracting/subcontracting goals for this
contract will be based on meeting or exceeding the minimum aspirational SBE goal of
40%, unless good cause exists for failing to meet the goal. The SBE aspirational goal is
based on the total contract value.
NOTE: On January 1, 2018, Dallas County moved from an M/WBE Program to a Small
Business Enterprise Program. The Small Business Enterprise Program was subsequently
modified by the Commissioners Court on August 20, 2019, removing the following
requirement:
MUST
be equal to or below 20% of the Small Business Administrations (SBA) standards;
REMOVED effective August 21, 2019
MUST not exceed $3.2 million;
REMOVED effective August 21, 2019
To be recognized and qualify as an SBE (contractors and/or their subcontractors):
a) MUST be certified as an SBE by one of the following County approved entities: North
Texas Regional Certification Agency (NCTRCA), DFW Minority Supplier Development
e time of the
proposal/bid submission. All other certifications will not be accepted.
b) All SBE eligible firms MUST also perform a commercially-useful function on the project
and have a local presence in Dallas County Metropolitan Statistical Area (MSA) in order
to be counted for SBE points. The MSA includes the following counties: Dallas, Tarrant,
Denton and Collin.
c) The firm should submit proof of a current and valid certification (i.e. copy of certification
certificate);
Utilization Scoring
q. An eligible SBE certified Firm: 5 points
r. SBE certified Sub-Contractor Scoring Method: Up to 10 Points (by percentage)
40% Aspirational Goal:
Participation Percentage between 1% and 9.99% = 2 points
RFP 2019-XXX-XXX P AGE 18
Participation Percentage between 10% and 19.99% = 4 points
Participation Percentage between 20% and 29.99% = 6 points
Participation Percentage between 30% and 39.99% = 8 points
Participation Percentage meeting or exceeding 40.00% = 10 Points
The aspirational SBE or certified sub-contractor goal is expressed as a percentage
of the total dollar amount of the contract going to SBE or certified Sub-Contractor for
those areas which the Contractor has sub-contracted or anticipates sub-contracting.
The aspirational goal shall also apply to contract amendments that require work
beyond the scope of services originally required to accomplish the project.
The Respondent agrees to employ good faith efforts through the award of
subcontractors to eligible SBEs and certified firms to the fullest extent possible.
Good Faith Effort Plan (GEFP) will be used for scoring purposes
subcontractors and/or supplier, whether certified or not, must be listed in the GFEP.
The information provided in the GFEP Form will be utilized in the development of
the final contract/agreement. The GFEP Form can be found on page 46. This form
is required and considered part of the response to the RFP. Should the Good
Faith Effort Plan or any of the specified documents listed below be
incomplete, not signed, and/or not submitted, the proposal/bid may be deem
non-responsive.
Each Contractor must include with its proposal/bid, the following
documents Submittal of a completed and signed Good Faith Effort
Affirmation, executed by an authorized representative, committing to the meet
40% SBE and/or M/WBE aspirational goal and committing to provide
goal.
Completed and signed Good Faith Effort Plan Form, executed by an
authorized representative;
o Completed and signed Good Faith Effort Affirmation, executed by an
authorized representative;
A signed and executed form or letter from each SBE subcontractor
fort Plan of their intent to
perform as a subcontractor.
Provide copy of certification from one of the three certifying agencies
referenced in Section 7.2(a).
Note: All forms should be complete in their entirety and submitted as part of a
Responden Proposal.
The County reserves the right to accept or reject any certified firm and in its sole discretion is
eligibility of the firm to meet SBE guidelines or standards. A Contractor whose proposed
certified firm is rejected may contest in writing to the Office of Small Business Enterprises, in
accordance with the SBE Policy. The denial of SBE certification by Business Enterprise is
excluded from the Dallas County Purchasing Code of Ethics Protests Procedure and is
exclusively governed by the appeal process set forth in the SBE Policy.
RFP 2019-XXX-XXX P AGE 19
SBE Reporting
The Contractor and its subcontractors are required to electronically submit subcontractor
payment information using
accessed through a link on the Dallas County SBE webpage. The Contractor and all
subcontractors will be provided a unique log-in credential and password to access
Subcontractor Payment Compliance System.
and by the Office for Small Business Enterprises. Additional information and free online training
for SPCS can be found at https://dallascounty.diversitycompliance.com ..
Contracting
If awarded the contract, the Contractor agrees to be bound to the policies and guidelines set
e contract. If a conflict exists
between the SBE section of the solicitation and the County SBE Policy, the language in the
solicitation governs.
IX
SELECTION OF THE FIRM
All proposals received by the specified deadline will be reviewed and evaluated by an
Evaluation Committee. Before the final evaluation and ranking of Proposal Firms is complete,
the County may shortlist respondents. The County may choose to interview Proposal Firms
found to be among the most qualified among the shortlisted firms. After Interviews, the
Evaluation Committee will be given an opportunity to re-evaluate. The firms will be ranked
based on final evaluation with a recommendation to begin negotiations with the Firms that
received the highest evaluation.
RFP 2019-XXX-XXX P AGE 20
X
STIPULATIONS
This is not an offer, but is rather a solicitation by Dallas County, who also reserves the right to
refuse any and all proposals.
XI
ATTACHMENTS
Small Business Forms
Conflict of Interest Questionnaire
Voluntary Moratorium
Cost and Other Fee Worksheet
W9
Title 6
Certificate of Interested Parties
Texas Government Code 2270 Verification
Texas Government Code Chapter 2252 Certification Form
XII
ORDER OF PRECEDENCE
In the event there is a conflict between the documents comprising this RFP and any resulting
contracts, the following order of precedence shall govern: (i) the term/conditions in the body of
event that a conflict exists between any state
XIII
SCOPE
Dallas County is seeking qualified vendors with experience, capabilities, and qualified available staff to
oversee and perform a 2020 census participation initiative for Dallas County. Vendors can be consultants,
universities, research institutions and/or other entities that meet the outlined requirements.
It is the responsibility of each vendor to examine the entire RFP, seek clarification in writing, and review their
proposal for accuracy before submitting. Questions relating to this RFP must be submitted in writing and
directed to Debra Morris , Contracts Specialist via email to debra.morris@dallascounty .org . The deadline for
submission of questions relating to this RFP is TBD All questions submitted in writing prior to the deadline will
be compiled and answered in writing. A copy of all questions and answers will be available to all vendors and
will be posted to Dallas County Purchasing Department website . The County will not be bound by any
information conveyed verbally.
XIV
BACKGROUND
As the eight largest County in the United States of America (U.S.), Dallas County has an estimated
population of 2,618,148 persons (U.S. Census, July 1, 2018 estimates). Over a quarter of our population
are youth under 18 years of age and the county is majority minority. Within the boundaries of Dallas County
are 31 cities, including the ninth-largest city in the U.S., the City of Dallas.
RFP 2019-XXX-XXX P AGE 21
The U.S. Census Bureau is required by Federal law to conduct a decennial count of every resident in the
U.S. Datacollected in the Census is the way that America measures population growth and change. Local
areas rely on our statistics for planning where to build new schools and roads. Businesses use our data to
track economic and demographic trends. In Fiscal Year 2016, the federal government distributed more
than $883 billion to states and communities based on Census Bureau data. The 2020 Census will provide
critical information that empowers the more than 2.6 million people and more than 65,000 businesses with
paid employees in communities across Dallas County.
The success of the 2020 Census will rely on convincing residents to complete the census questionnaire,
particularly those residents who are considered hard-to-count. Based on census estimates, Dallas County
has one of the largest hard-to-count areas, at just over thirty-four (34) percent of residents living in hard-to-
count neighborhoods. An undercount will equate to a loss of Federal funding. Even only a 1 percent
undercount will equal an approximate loss of $40 million per year. To ensure a complete and accurate
census count, Dallas County must engage the entire community, including the hard-to-count populations
across the county.
XV
REQUIREMENTS
Dallas County seeks to achieve the maximum outreach and response possible for the 2020 Census by
aggressively targeting all populations, especially those who are hard-to-count. The County, in partnership
with the City of Dallas, and in support of a complete count throughout all Dallas County cities, seeks to:
Improve upon the response rate from 2010 Census for the County and surpass the national
average in 2020 Census
Educate residents on the new online digital format for 2020 Census
Identify easy, hard, and hardest-to count-communities and populations and report by County
Precinct
Improve overall accuracy to reduce undercount, particularly for those hard and hardest-to-count by
prioritizing:
o Hard-to-count geographic areas in the County
o Historically undercounted populations
o Groups with socio-economic factors correlated to low self-response rates
o Households and individuals with no computer or inadequate Internet access
Raise support from community leaders, business committee, and the public for the Census
o Establish creative partnerships within communities
o Collaborate with local media
o Identify outreach opportunities
o Recruit volunteers from diverse backgrounds for strategy development and community
outreach,
o Collaborate with the U.S. Census Bureau
o Create field plan for targeting hard-and hardest-to count populations
In addition, Dallas County is seeking to improve upon its census response rate of just over seventy-four
(74) percent from the 2010 Census by procuring vendor(s) who can successfully manage a census
campaign engaging all residents of Dallas County, particularly those hard-to-count. The County envisions
four (4) tasks for a successful campaign as detailed in the following:
Task 1 Census Campaign Strategy Management and Oversight Under this task, the vendor
will
feedback and proposed edits. Once finalized, the strategic plan shall serve as a blueprint for Dallas
Additionally, the vendor will have oversight over the implementation of this plan, once developed.
The vendor shall:
RFP 2019-XXX-XXX P AGE 22
a. Advise on the existing City of Dallas plan to implement across Dallas County. The feedback
and revision should be informed by data generated under Task 2, and oversee the
b. Strategies will be in tandem and collaboration to the work already being done in the City of
Dallas to reach specific hard to count populations as well as implementing HTC efforts in
other cities across Dallas County
goals,
c. Build on past public outreach campaign and best practices, and evaluate implemented
activities. The vendor shall propose adjustments to the overall plan and activities to
successfully increase response rates for easy, hard and hardest-to-count populations
throughout the campaign. As part of this ongoing evaluation and adjustment work, the
vendor will incorporate the data published by the census on response rates by census tract
and block group,
d. Collaborate with the County and various census programs, projects, and services,
particularly those listed in this scope of work, to ensure that activities and goals are aligned
with established priorities,
e. Ensure that activities are not duplicative of other Federal, State or local efforts,
f. Provide strategic insight to identify relationship-building opportunities that promote the
census.
g. .
Task 2 Census Data Analysis, Mapping, and Reporting The work under this task will result
in actionable data, mapping, modeling, and tools (including data warehousing) that allow messaging
and community engagement for census outreach to be as effective as possible. Actions should
inform the strategies developed under Task 1 and respond to requests from the Task 1 vendor and
county to comply with plan adjustments. The vendor shall:
a. Generate and analyze factual census data for use in campaign development and
messaging,
b. Obtain, organize, and analyze data that is countywide and by Dallas County Commissioner
districts. of easy, hard and hardest-to-count populations and communities, visualized
through maps and other products that provide demographic, socio-economic profiles, and
research of selected populations for campaign development (Task 3),
c. Monitor and provide data reports and mapping of Census form response rates by census
tract and block group, Commissioner Precinct, and countywide as the U.S. Census Bureau
releases such data,
d. Create statistical and predictive modeling and index scores, targeted to the individual or
household level, to inform engagement strategies and marketing,
e. Work with County to geo-code the targeted areas and outreach activity locations (as
implemented in Tasks 3 and 4),
f. .
Task 3 Census Messaging and Marketing The work under this task will result in the
development of effective messaging and tools that will successfully encourage County residents,
and the hard-to-count residents, in particular, to respond to the census. Actions should follow and
coordinate with the strategies developed under Task 1. The vendor shall provide:
a. A multi-level campaign that will reach residents of Dallas County of all socio-economic levels
and convince them to complete the census forms within the time required by the U.S.
Census Bureau. This includes non-English media.
b.
1, including the concept, creation, and execution of campaigns and promotions regarding
the Census.
RFP 2019-XXX-XXX P AGE 23
c.A focused campaign targeting the hard and hardest-to-count populations identified under
Task 2 Census Data. Messaging should be developed taking into consideration specific
populations with different language, access, and cultural needs. For those populations that
are easiest to count, vendor should support U.S. Census Bureau media releases.
d. Generate opportunities and messages (including non-English) for the members of
Commissioners Court to discuss the census on local programming (radio and television) and
through digital media.
e. Ensure messaging and resources are developed and provided for persons with disabilities
to participate in the census.
f. Coordinate with the U.S. Census Bureau to verify and ensure appropriate placement of
media and advertising campaign material via mass distribution at festivals, large community
events, and sporting events.
g.
outreach/marketing practices.
h. Generate collaborative partnerships with media, including local non-English media sources,
i. Work with the County/City to identify and implement census outreach opportunities and
strategies,
j. Develop and provide for distribution media resources (flyers, posters, booths, etc.) including
use of U.S. Census Bureau materials for public spaces, local community events, and block
walks,
k. Provide staffing as needed for census events and activities,
l. Provide training models and trainers on census message delivery and outreach for county
employees, and community volunteers who will be working community events and
canvasing,
m. Assist in developing the blueprint for cities to follow, the planning, and marketing of
Countywide weekend online Census participation events to engage residents of hard to
count areas. Additionally, provide incentive strategies for participation in these events.
n. Assess and develop areas of opportunity for additional outreach efforts to address hard to
count populations who have not yet responded to the census
o. Create and maintain a calendar of events, trainings, and outreach identified in each city, to
disseminate to the County, and area cities.
Task 4 Community-based engagement This work under this task will result in the successful
recruitment, training, and participation of local community-based organizations, non-profits, and
service providers to convince all residents to complete the census forms within the time required by
the U.S. Census Bureau. This work will prioritize engagement with hard-and hardest-to-count
communities. Actions should follow and coordinate with the strategies developed under Task 1. The
vendor shall:
a. Identify existing partnerships already developed by the City of Dallas, other cities in Dallas
County, and the Census Bureau, and serve as conduit for coordination so as not to
duplicate efforts.
b. Implement best practices on community engagement that can be utilized by volunteer
members of the City of Dallas Complete Count Committee and the County,
c. Provide strategic insight to identify relationship-building opportunities at the community and
local level that promote the census,
d. Collaborate with the CCC and other organizations to identify target-audience community
volunteers for census activities,
e. Create or manage a web-based information system/platform for community-based
organizations, non-profits, service providers and governmental entity to exchange
information, data, and tasks including use of data tools and warehouse in Task 2.
RFP 2019-XXX-XXX P AGE 24
f.Recruit volunteers, paid canvasser,manage field operations and host trainings on census
outreach (See Task 3),
g. Manage communications, community, and grassroots engagement activities in targeted
communities based on information from Task 2 - Census Data and other data inputs,
h. Assist in coordinating and hosting events in local areas to promote the census,
i. Participate in scheduled community activities to rally support for the Census.
j. Organize door-to-door block walks and canvassing in hard and hardest-to-count
communities.
k. Work with local organizations serving the homeless by contributing to the planning of the
homeless count.
Cross-cutting work requirements for all Four Tasks
a. The vendor will be required to work closely and coordinate with the City of Dallas and other
interested stake holders. This includes sharing data, tools, and other materials to effectively
deploy census outreach resources throughout the region. Data collected and all reports
generated through this effort will be considered public information.
b. The vendor will be required to perform monitoring and evaluation of their activities, both to
learned for the County, the City of Dallas, and cities across the county for future census
outreach campaigns. This may include:: trainings and presentations sharing best practices
and findings that support future civic engagement.
c. Efforts; planning for future Census work; written final evaluation/assessment of project and
set of best practice recommendations for future Census and similar efforts; a set of tools,
templates, other materials that can be shared with future Census planners and advocacy
organizations; and suggestions on engagement plans to ensure hard-to-count communities
are included in efforts similar to Census efforts, such as redistricting.
The selected vendor(s) shall provide a timeline by each task and deliverable described in the scope of work
e that
the identification of target populations by the Task 2, vendor should be accomplished as soon as practical
from contract execution. Census outreach activities for all vendors should continue until June 30, 2020 as
the U.S. Census non-response follow-up is in operation. Successful vendors shall perform evaluation
requirements, as described above, due to the County by August 30, 2020.
PRICING/DELIVERY INFORMATION
PRICING
Vendor must complete the open lines provided below. Proposals must delineate fixed prices. The task price
shall be all inclusive of expenses; travel, insurance, scheduling, support and report preparation, and other
costs/expenses associated with requirements listed in this RFP.
If there is no space to provide the following information, on a separate page provide an itemized budget by
each task as described in the scope of work and that the vendor is applying and a detailed explanation for
all costs associated with providing the requested services. The additional pricing information must adhere
to the cost breakdown below. Please note, if the required items are not completed, the proposal may be
considered non-responsive and may not be considered for an award.
RFP 2019-XXX-XXX P AGE 25
Item
No. Description UOM Total Price
A Task 1 Census Campaign Strategy Management
and Oversight Lump Sum $ __________________
B Task 2 Census Data Analysis, Mapping,
and Reporting Lump Sum $ __________________
C Task 3 Census Messaging and Marketing Lump Sum $ __________________
D Task 4 Community-based engagement Lump Sum $ __________________
Grand Total $ __________________
RFP 2019-XXX-XXX P AGE 26
XVI
Other Requirements, Terms, Conditions, Insurances
A. INCORPORATION OF REQUEST FOR QUALIFICATION INTO THE CONTRACT
The contents of this RFP, and the selected Respondes Proposal, cost, exhibits, and negotiated
changes and any other attachments will be incorporated, in entirety, into the future formal Contract
Agreement. The contract constitutes the entire agreement between the parties hereto and supersedes
any other agreement concerning the subject matter of this transaction, whether oral or written.
.
B. The Contract Agreement supersedes all prior agreements, written or oral, between Contractor and
County and will constitute the entire agreement and understanding between the parties with respect to
the subject matter of The Contract Agreement. The Contract Agreement and each of its provisions will
be binding upon the parties and may not be waived, modified, amended or altered except by a writing
signed by both Contractor and County with formal approval by the Dallas County Commissioners Court.
C.The contract and the respective rights and obligations of the parties hereto shall inure to the benefit
and be binding upon the successors and assigns of the parties hereto, as well as the parties
themselves
D.Selection of Multiple or Subsequent Vendors. In accordance with Dallas County policies and
procedures, if agreement cannot be reached with the most highly qualified provider, the County shall
formally end negotiations, and may select the next most qualified provider and attempt to negotiate a
contract with that provider at a fair and reasonable price. This process shall continue until a contract is
entered into with the most qualified provider or the County, in its sole determination, determines that it
The County reserves the right to select
multiple vendors to facilitate the aforementioned agreement. Respondent agrees that any Contract
resulting from this RFP and award will be the formal requirements contract between Respondent and
County.
E. Force Majeure: Neither party hereto shall be held responsible for any loss or damage or for any delays
or failure to perform due to causes beyond its reasonable control including acts of God, strikes,
epidemics, war, riots, flood, fire, sabotage, or any other circumstances of like character (force majeure
occurrence). Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay
or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations
under this Agreement
FAIR LABOR STANDARDS
F. CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE FEDERAL FAIR
LABOR STANDARDS ACT AND SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
COUNTY, DALLAS COUNTY COMMISSIONER COURT, ELECTED OFFICIALS, OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES FROM
ANY AND ALL LIABILITY, INCLUDING, BUT NOT LIMITED TO, WAGES, OVERTIME PAY,
LIQUIDATED DAMAGES, PENALTIES, COURT COSTS, AND ATTORNEYS' FEES ARISING UNDER
ANY WAGE AND HOUR LAW, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL FAIR LABOR
STANDARDS ACT, FOR WORK PERFORMED BY THE CONTRACTORS EMPLOYEES FOR WHICH
THE COUNTY MAY BE FOUND JOINTLY OR SOLELY LIABLEs.
G. Proposal Preparation Cost. The costs for developing proposals are entirely the responsibility of the
Proposal Firm and shall not be charged to the County of Dallas.
RFP 2019-XXX-XXX P AGE 27
H.Acceptance-Rejection:DallasCountyreservestherighttoacceptorrejectanyorallbids/proposals,
to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as
deemedto beinthe bestinterestsofthe DallasCounty.
I. Compliance with Laws and Venue Jurisdiction: In providing Services required by the contract,
Contractor must observe and comply with all applicable federal, State, and local statutes, ordinances,
rules, regulations, licenses, legal certifications, or inspections required for the Services, facilities,
equipment, or materials, and all applicable federal, state, and local statutes, ordinances, rules, and
regulations .
The contract shall be governed by Texas law and exclusive venue shall lie in Dallas County, Texas.
J. Proposal Obligation. The contents of the proposal and any clarification of it submitted by the selected
Firm may become part of the contractual obligation and incorporated by reference into the ensuing
contract.
K. Implied Requirements. Products and services not specifically mentioned in this RFP, but which are
necessary to provide the functional capabilities described by the Proposal Firm, shall be included in the
proposal.
L. Withdrawal of Proposal. The Proposal Firm may withdraw their proposal by submitting a written
request for its withdrawal over the signature of an authorized individual, to the Purchasing Agent
anytime prior to the submission deadline. The Proposal Firm may thereafter, prior to the deadline,
submit a new proposal. Modifications offered in any manner, oral, or written, will not be considered if
submitted after the deadline.
M.Fiscal Funding. Any agreement resulting from this RFP will be subject to the availability of
governmental fiscal funding. If such funds become reduced or unavailable, any contract agreement
shall be subject to immediate modifications, reduction or termination on the expiration date or date in
which the funds have been reduced or eliminated.
N.Term of Contract. The initial term of the contract shall be TBD XXXXX beginning the date indicated in
the contract, set forth in the executed contract agreement or as amended and approved in writing by
the Dallas County Commissioners Court. Additionally, any work that has begun under the terms of this
contract will need to be completed with Commissioner Court approval in the event of contract
expiration. Upon expiration of the contract, the vendor affirms to hold contractual agreement for such a
time as 120 days in order for Dallas County to renew, and or resolicit the contract.
O. Permits and Licenses. Contractor shall secure and pay for all fees for all necessary statutory and
regulatory authorizations, permits, approvals, certifications, licenses, and insurance required by the
laws of Federal, State, County, and municipal laws, ordinances, rules and regulations that are required
in order to perform the services stated in RFP. Contractor shall maintain these licenses and permits in
effect for the duration of the contract agreement. Respondent/Contractor will notify County immediately
of loss or suspension of any such licenses and permits. Failure to maintain a required license or permit
may result in immediate termination of the contract agreement.
P. Non-Performance. Non-performance of the contract in terms of specification or non-compliance with
terms of the Contract shall be basis for termination of the Contract by the County. Termination in whole
or part, by the County may be made at its option and without prejudice to any other remedy to which it
may be entitled at law or in equity, or elsewhere under the Contract, by giving thirty (30) days written
notice to contracted firm with the understanding that all work being performed under the Contract shall
cease upon the date specified in such notice. Obligation of the County to pay for work, professional
services, professional opinion, equipment, services or supplies is conditioned upon strict compliance of
each, every and all terms and conditions of the RFP, including but not limited to the Contract. County
will not pay for work, professional services, professional opinion, equipment, services or supplies
rendered or furnished which are not in strict compliance with the terms of the RFP, including but not
RFP 2019-XXX-XXX P AGE 28
limited to the Contract and all other exhibits attached thereto and response to the RFP. Firm may be
given a reasonable opportunity prior to termination to correct any deficiency. This, however, shall in no
way be construed as negating the basis for termination for non-performance.
Q. Collusion. The selected Firm will be required to provide an affidavit that he/she has not conspired with
other potential Firms in any manner to attempt to control competitive solicitation for these services.
This paragraph does not, however, preclude two or more Firms from presenting a combined or joint
RFP.
R.Subsequent Negotiations
any individual Work Order, the County reserves the right to request proposals from the second and
firm.
S. No Guarantee of Work. Work Orders will be issued at the sole discretion of the County. There may
be no Work Orders issued under this or any subsequent Contract. There is no limit on the number of
Work Orders that may be issued. There is no guarantee of the issuance of any Work Order(s) or any
amount of work under this contract.
T. Contractual Development. An Base Contract subject to negotiation of Work Order(s) will be executed
with the selected Firm(s).
U.Twelve-Month Waiting Period for Employment of Certain Former County Employees. In
goods or services shall be prohibited from hiring any individual who has previously worked for the
County and in that capacity either evaluated, recommended, approved, monitored, or managed a
contract involving that firm no sooner than twelve months after that individual has ceased to work for or
be employed by the County. Failure to adhere to such a contractual requirement may result in the
termination of the contract with the County.
V. Voluntary Moratorium on Campaign Contributions During RFP Process. Parties interested in
responding to a County solicitation shall be encouraged to sign a statement (see attached) indicating
that they will be willing to temporarily refrain from making any donation to any Dallas County elected
official or candidate for office whose office (or potential office) has any involvement in the selection
process for the associated contract during the pendency of the RFP through thirty days after the
contract is awarded.
W. Federal Debarred Vendors. No products and/or services utilizing Federal funds may be procured
from vendors that are listed on the Federal Excluded Parties List. Government requirements for non-
procurement suspension and debarment are contained in the OBM guidance 2CFR, part 180 that
implements Executive Orders 12549 and 12689 Debarment and Suspension. Dallas County reserves
the right to reject from award consideration and/or terminate any contract with any vendor found to be
suspended, ineligible and/or debarred as outlined herein.
X. Nepotism. No person who (1) is an employee, agent, consultant, officer, or official of the contractor and
who exercises or has exercised any functions or responsibilities with respect to assisted contract
activities; or (2) is in a position to participate in a decision making process or gains inside information
with regard to such activities, may obtain a personal or financial interest or benefit, direct or indirect, in
any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during their tenure.
Y. Communications Paragraph / Restrictive. During the proposal process, firms shall not contact
County staff. Additionally, firms and their employees of related companies as well as paid or unpaid
personnel acting on their behalf shall not contact or participate in any type of contact outside the
County offices with County employees, including elected officials. Such contact may result in the
vendor being disqualified. All contact must be coordinated through Charles Price, Purchasing Director,
for this procurement.
RFP 2019-XXX-XXX P AGE 29
Z. Company State Filing. Pursuant to Sec. 9.001 of the Texas Business Organization Code, non-Texas
entities, including, but not limited to corporations, limited partnerships, and limited liability companies
must have an application for registration filed with the Texas Secretary of State and shall provide to
Dallas County a Certificate of Status issued by the Texas Secretary of State that serves as official
To transact business with Dallas County, all entities must be in legal compliance pursuant to applicable
laws, and shall provide to Dallas County evidence of said compliance.
XII.
RESPONSIBILITY FOR WORK
Approval by the County shall not constitute nor be deemed a release of the responsibility and/or liability of the
Firm, its employees, subcontractors, agents and consultants, either individually, jointly or any combination
thereof, for the accuracy and competency of their designs, working drawings, specifications or other
documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the
County for any defect, error or omission in the designs, working drawings, and/or specification or other
documents prepared by Consultant, its employees, subcontractors, agents and consultants, either individually,
jointly or any combination thereof.
XIII.
INSURANCE
Proposer/Contractor at its sole cost and expense shall, at all times during the term of the Contract and
extended terms thereof if any, provide and maintain the following types of insurance protecting the interest of
the County and the Contractor with limits of liability not less than those specified below.
A. Insurance.
Workers Compensation Insurance.
statutory req-insured, then
Compensation Commission approving such self-insurance. If Contractor has no
employee (as defined b
provide County with a sworn Affidavit stating that there is no employee in lieu of a
Certificate of Insurance. In the event that any work is sublet, Contractor shall require
the subcontractors to si Insurance for all of
Contractor. Contractor shall bear the burden of all workers compensation coverage for
all of its subcontractors and
compensation coverage. Contractor also represents that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with an appropriate insurance carrier, or in the case of self-
misleading information may subject Contractor to administrative penalties, criminal
penalties, civil penalties or other civil actions.
Types of Coverage Limits of Liability
Statutory
RFP 2019-XXX-XXX P AGE 30
Bodily injury by Accident$500,000.00 Each Accident
Bodily injury by Disease $500,000.00 Each Employee
1. Bodily injury by Disease $500,000.00 Policy Limit.
2. Commercial General Liability. Contractor shall maintain Commercial General Liability
or Broad Form Comprehensive General Liability (including a Broad Form CGL
endorsement) Insurance coverage for the following: (a)Premises Operations; (b)
Independent Contractors or Consultants; (c)Products and Completed Operations; (d)
Personal injury;(e) Contractual Liability; (f) Broad form property damage, to include fire
legal liability. Such insurance shall carry in an amount not less than One Million and
00/100 ($1,000,000.00) for bodily injury (including death), property damage, and blanket
contractual coverage per occurrence with a general aggregate of Two Million and 00/100
($2,000,000.00) and products and completed operations aggregate of Two Million and
00/100 ($2,000,000.00)..
This insurance must be endorsed with a Waiver of Subrogation Endorsement, waiving
3. Comprehensive Automobile Liability. Contractor shall maintain Automobile Liability
Insurance with a limit Five Hundred Thousand and 00/100 Dollars ($500,000.00) each
person and One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00)
each accident for bodily injury and Five Hundred Thousand and 00/100 Dollars
($500,000.00) each occurrence for property damage for a combined single limit for
bodily injury and property damage liability of not less than Two Million and 00/100
Dollars ($2,000,000.00). The policy shall include coverage for bodily injury and broad
-owned
vehicles assigned or used in performance of the contract
This insurance must be endorsed with a Waiver of Subrogation Endorsement, waiving
t of recovery under subrogation or otherwise from the County.
4. Professional Liability Insurance Requirements. Errors or Omission/Professional
Liability: With respect to any damage caused by an error, omission or any negligent acts
of the Contractor under the contract the Contractor shall carry not less than One Million
00/100 ($1,000,000.00) per occurrence or claim for any wrongful act. "Tail" Coverage: If
required at the completion of the contract for duration of 5 years. Contractor shall furnish
certification of "tail" coverage as described or continuous "claims made" liability
coverage for 5 years following Contract completion. Continuous "claims made" coverage
will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before
the effective date of the contract. If continuous "claims made" coverage is used,
Contractor shall be required to coverage in effect for duration of not less than 5 years
from the end of the contract..
B. Certificates of Insurance. Before commencing with the Contract, the contractor shall deliver to the
County of Dallas, Texas, Certificates of Insurance satisfactory to the County, or, as and when the
County may direct, copies of the actual insurance policies, to the County at the address as shown
below:
Dallas County
Purchasing Department
RFP 2019-XXX-XXX P AGE 31
900 Jackson st.Suite 680
Dallas, Texas 75202
from each insurance company evidencing that insurance as required by paragraph (A)(Insurance), and
all subparagraphs to (A) above, is in force, stating policy numbers, dates of expiration, and limits of
liability thereunder. All copies of policies and Certificates of Insurance submitted to County shall be in
form and content acceptable to County.
C.Approval of Forms and Companies. All insurance described in this Solicitation and/or the Contract
shall be written by an insurance company or companies satisfactory to County and licensed to do
business in the State of Texas and shall be in a form and content satisfactory to the County. No party
subject to the provisions of this Solicitation or Contract shall violate or knowingly permit to be violated
any of the provisions of the policies of insurance described herein. Except as may otherwise
specifically be provided in the Contract to the contrary, all policies of insurance which are in any way
related to the work required by this Solicitation, the Contract, inclusive of any Work Order, shall be
endorsed waiving the issuing insuranc
Texas, whether by way of subrogation or otherwise. All insurance should be provided by insurance
D.Additional Insured Endorsement. The policy or policies providing commercial general liability,
automobile liability and as required above, shall be endorsed to name the County of Dallas, Texas,
County Judge, County Commissioners, elected officials, department heads, other officials, employees,
and/or assigns as additional insured as respects operations performed by or on behalf of the
Proposer/Contractor in performance of this Solicitation or Contract, inclusive of any Work Order. Such
shall not apply to Dallas County,
Texas, its County Judge, County Commissioners, elected officials, department heads, other officials,
employees, and/or assigns.
E. Notice of Cancellation or Material Change. Policies and/or certificates shall specifically provide a thirty
(30) day notice by US Mail / Certified Mail / Return Receipt Requested of cancellation, non-renewal, or
material change to be sent to the County at the address shown above.
F. Subcontractors. If any part of the work is sublet, the Contractor shall require any and all subcontractors
performing work under this contract to carry insurance of the types and within limits of liability as the
Contractor shall deem appropriate and adequate. In the event a subcontractor is unable to furnish
adequate insurance required under the contract, the Contractor shall endorse the subcontractor as an
Additional Insured. The Contractor shall obtain and furnish the County Certificates of Insurance
G. Multiples Policies. The limits of liability as required above may be provided by a single policy of
insurance or a combination of primary, excess or umbrella liability policies. In no event shall the total
limit of liability for any one occurrence or accident be less than the amount shown above.
H.Cost and Deductibles. Companies issuing the insurance policies and the Contractor shall have no
recourse against the County for payment of any premiums or assessment for any deductibles, as all
such premiums and deductibles are the sole responsibility and risk of the Proposer/Contractor.
I. Survival. Notwithstanding any other provision contained herein, in any agreement, contract, work order
or other agreement, the provisions contained in the INSURANCE section shall survive the termination
of this RFP, or any contract, agreement, work order or any other agreement.
RFP 2019-XXX-XXX P AGE 32
XIV.
INDEMNIFICATION
Proposer shall indemnify and hold County harmless as provided herein and in the Contract, attached hereto
and incorporated by reference as if fully reproduced herein, word for word. Such indemnification shall include,
agreed language at the time of contracting but not be limited to the following.
INDEMNIFICATION
CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND COUNTY,
DALLAS COUNTY COMMISSIONERS COURT, ELECTED OFFICIALS, AND ALL
OF ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (HEREINAFTER
REFERRED TO AS COUNTY, INDEMNITIES OR OWNER, FROM AND AGAINST
ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS FEES, ARISING OUT OF OR RESULTING FROM
BODILY INJURY OR DEATH OF ANY PERSON, OR PROPERTY DAMAGE,
INCLUDING LOSS OF USE OF PROPERTY, ARISING OR ALLEGED TO ARISE
OUT OF OR IN ANY WAY RELATED TO THIS CONTRACT OR CONTRACTOR'S
PERFORMANCE OF THE WORK OR OTHER ACTIVITIES OF CONTRACTOR,
BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY
NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY CONTRACTOR OR ANYONE FOR WHOSE
ACTS CONTRACTOR MAY BE LIABLE. NOTWITHSTANDING THE FOREGOING,
CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND COUNTY,
DALLAS COUNTY COMMISSIONERS COURT, ELECTED OFFICIALS, AND ALL
OF ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE
"INDEMNITEES"), FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES
AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES,
ARISING OUT OF OR RESULTING FROM BODILY INJURY TO, OR SICKNESS,
DISEASE OR DEATH OF, ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF
CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, REGARDLESS OF
WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED, OR IS
ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF
ANY INDEMNITEE, IT BEING THE EXPRESSED INTENT OF OWNER AND
CONTRACTOR THAT IN SUCH EVENT THE CONTRACTOR IS TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE INDEMNITEES FROM THE
CONSEQUENCES OF THEIR OWN NEGLIGENCE, WHETHER IT IS OR IS
ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE BODILY
INJURY, SICKNESS, DISEASE OR DEATH OF CONTRACTOR'S EMPLOYEE
OR THE EMPLOYEE OF ANY OF ITS SUBCONTRACTORS. THE
INDEMNIFICATION OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT BE
LIMITED BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,
COMPENSATION OR BENEFITS PAYABLE BY OR FOR CONTRACTOR UNDER
WORKERS COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER
EMPLOYEE BENEFIT ACTS.
IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE ASSUMPTION OF
LIABILITIES AND INDEMNIFICATION PROVIDED FOR IN THIS AGREEMENT
SHALL INDEFINITELY SURVIVE ANY EXPIRATION, COMPLETION OR
TERMINATION OF THIS AGREEMENT. IN THE EVENT CONTRACTOR AND
OWNER ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT
JURISDICTION, LIABILITY WILL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT
WAIVING ANY GOVERNMENTAL IMMUNITYAVAILABLE TO THE STATE
RFP 2019-XXX-XXX P AGE 33
UNDERTEXASLAWANDWITHOUTWAIVINGANY DEFENSESOF THE
PARTIES UNDER TEXAS LAW.
APPROVAL AND ACCEPTANCE OF CONTRACTORS SERVICES BY COUNTY
SHALL NOT CONSTITUTE NOR BE DEEMED A RELEASE OF THE
RESPONSIBILITY AND LIABILITY OF CONTRACTOR FOR THE ACCURACY
AND COMPETENCY OF THEIR SERVICES; NOR SHALL SUCH APPROVAL
AND ACCEPTANCE BE DEEMED TO BE AN ASSUMPTION OF SUCH
RESPONSIBILITY BY THE COUNTY FOR ANY DEFECT, ERROR OR OMISSION
IN THE SERVICES PERFORMED BY CONTRACTOR IN THIS REGARD.
CONTRACTOR SHALL DEFEND, HOLD HARMLESS AND INDEMNIFY THE
COUNTY FOR DAMAGES RESULTING FROM SUCH DEFECTS, ERRORS OR
OMISSIONS.
NO INDEMNIFICATION BY COUNTY: CONTRACTOR ACKNOWLEDGES AND
AGREES THAT DALLAS COUNTY DOES NOT HAVE THE ABILITY UNDER
ARTICLE XI, SECTION 7 OF THE TEXAS CONSTITUTION TO INDEMNIFY
CONTRACTOR OR ANY OTHER THIRD PARTY FOR DAMAGES ARISING
UNDER THE CONTRACT.
Survival: These provisions shall survive completion, suspension, termination, expiration and/or cancellation
of the contract, or any determination that the contract or any portion hereof is void, voidable, invalid or
unenforceable
A. Without in any way limiting or restricting the indemnification and defense agreement stated above,
Proposer/Contractor agrees that it is the intention of the parties hereto that Proposer/Contractor and its
insurers bear the entire risk or loss or inj
request
without seeking any contribution therefor from any indemnities or its insurers.
B. Notwithstanding any other provision contained herein, in any agreement, contract, work order or other
agreement, the provisions contained in this INDEMNIFICATION section shall survive the termination of
this RFP, or any contract, agreement, work order or any other agreement.
RFP 2019-XXX-XXX P AGE 34
MANDATORY DOCUMENTS
All Forms Proceeding this page are Mandatory with Proposal
Submittal
RFP 2019-XXX-XXX P AGE 35
GOOD FAITH EFFORT PLAN
THE GOOD FAITH EFFORT PLAN IS REVIEWED BY THE DALLAS COUNTY OFFICE OF SMALL BUSINESS ENTERPRISE.
THE SBE DIRECTOR OR DESIGNEE WILL EVALUATE THE GOOD FAITH EFFORTS OF A FIRM. THE GOOD FAITH EFFORT
MUST BE APPROVED BY THE OFFICE OF SMALL BUSINESS OF ENTERPRISE PRIOR TO AWARD.
NAME OF
PROJECT:
SECTION A PRIME CONTRACTOR INFORMATION
NAME OF
FIRM:
ADDRESS:
CITY STATE ZIP
: : :
CONTACT PHONE:
PERSON:
EMAIL FAX:
ADDRESS:
IS YOUR FIRM NO YES CERTIFICATION
CERTIFIED: NUMBER:
TYPE OF SB MBE WBE AAB HUB DB
CERTIFICATION: E E E
1. LIST ALL FIRMS TO BE UTILIZED ON THIS PROJECT/CONTRACT.
IF FIRM IS CERTIFIED,
ESTIMATED
LIST CERTIFICATION
SCOPE OF WORK/SUPPLIES TO BE CONTRACT
NUMBER AND ATTACH
PERFORMED/PROVIDED BY THE AMOUNT
SUBCONTRACTORS/SUPPLIERS
A COPY OF THE
FIRM ALLOCATED TO
CERTIFICATION
THE FIRM
AFFIDAVIT
NAME:
1.
ADDRESS:
NAME:
2
ADDRESS:
NAME:
3.
ADDRESS:
NAME:
4.
ADDRESS:
NAME:
5.
ADDRESS:
RFP 2019-XXX-XXX P AGE 36
NAME:
6.
ADDRESS:
Good Faith Effort Form Page 1 of 4
RFP 2019-XXX-XXX P AGE 37
SECTIONBSBECOMMITMENTS
THE SMALL BUSINESS ENTERPRISE (SBE) ASPIRATIONAL GOAL FOR THIS PROJECT IS 40%
1. THE UNDERSIGNED CONTRACTOR HAS SATISFIED THE REQUIREMENTS OF THE BID SPECIFICATIONS IN THE
FOLLOWING MANNER (PLEASE CHECK THE APPROPRIATE SPACE):
THE CONTACTOR IS COMMITTED TO A MINIMUM OF 40 % SBE UTILIZATION ON THIS CONTRACT
THE CONTRACTOR (IF UNABLE TO MEETING THE SBE GOAL OF 40 %) IS COMMITTED TO A MINIMUM OF
____% SBE
UTILIZATION ON THIS CONTACT
MANDATORY PAYMENT REPORTING
DURING THE TERM OF THE CONTRACT, THE CONTRACTOR MUST REPORT THE ACTUAL PAYMENTS TO ALL THE SBE
SUBCONTRACTORS ON A MONTHLY BASIS IN THE SPECIFIED TIME INTERVALS AND FORMAT PRESCRIBED BY DALLAS
COUNTY. ANY UNJUSTIFIED FAILURE TO COMPLY WITH THE LEVELS OF SBE PARTICIPATION IDENTIFIED IN THE BID AND
AFFIRMED IN THE GOOD FAITH EFFORT PLAN SHALL BE CONSIDERED A MATERIAL BREACH OF CONTRACT. DALLAS
COUNTY RESERVES THE RIGHT, AT ANY TIME DURING THE TERM OF THE CONTRACT TO REQUEST ADDITIONAL
INFORMATION, DOCUMENTATION OR VERIFICATION OF PAYMENTS MADE TO ALL SUBCONTRACTORS IN CONNECTION WITH
THE CONTRACT. VERIFICATION OF AMOUNT BEING REPORTED MAY TAKE THE FORM OF REQUESTING COPIES OF
CANCELED CHECKS PAID TO THE SBE PARTICIPANTS AND/OR CONFIRMATION INQUIRIES DIRECTLY TO SBE PARTICIPANTS.
PROOF OF PAYMENTS, SUCH AS COPIES OF CANCELED CHECKS MUST PROPERLY IDENTIFY THE PROJECT NAME OR
PROJECT NUMBER TO SUBSTANTIATE SBE PAYMENTS FOR THIS PROJECT.
2. NAME AND PHONE NUMBER OF PERSON APPOINTED TO COORDINATE AND ADMINISTER THE SBE REQUIREMENTS ON
THIS PROJECT
NAME:
TITLE:
DIRECT PHONE: EMAIL:
IF THE SBE GOAL WAS MET, PROCEED TO GOOD FAITH EFFORT AFFIRMATION FOUND ON PAGE 4
IF THE SBE GOAL WAS NOT MET, PROCEED TO SECTION C DOCUMENTATION OF GOOD FAITH EFFORTS FOUND ON
PAGE
RFP 2019-XXX-XXX P AGE 38
3.SECTIONCDOCUMENTAIONOFGOODFAITHEFFORTS(TO BE FILLED OUT ONLY IF SBE ASPIRATIONAL GOAL WAS
NOT ACHIEVED.)
1.LIST ALL FIRMS CONTACTED WITH SUBCONTRACTING/SUPPLY OPPORTUNITIES FOR THIS PROJECT THAT WILL NOT BE
UTILIZED FOR THE CONTRACT BY CHOICE OF THE CONTRACTOR, SUBCONTRACTOR, AND/OR SUPPLIER. WRITTEN NOTICES TO
FIRMS CONTACTED BY THE CONTRACTOR FOR SPECIFIC SCOPES OF WORK IDENTIFIED FOR SUBCONTRACTING/SUPPLY
OPPORTUNITIES MUST BE PROVIDED TO SUBCONTRACTOR/SUPPLIERS NOT LESS THAN FIVE (5) BUSINESS DAYS PRIOR TO
BID/PROPOSAL DUE DATE. THE FOLLOWING INFORMATION IS REQUIRED FOR ALL FIRMS WHAT WERE CONTACTED OF
SUBCONTRACTING/SUPPLY OPPORTUNITIES. MAY USE ADDITIONAL SHEETS IF NEEDED.
DATE OF WRITTEN REASON AGREEMENT
SCOPE OF
IS FIRM SBE
NOTICE SENT & NOT REACHED
NAME & ADDRESS OF
WORK/SUPPLIES TO BE
OR M/WBE
METHOD USED (FAX,
PERFORMED/PROVIDED
SUBCONTRACTOR(S)/SUPPLIER(S)
CERTIFIED?
LETTER, EMAIL, ETC.)
BY THE FIRM
DATE:
NAME:
1.
METHOD:
ADDRESS:
DATE:
NAME:
2
METHOD:
ADDRESS:
DATE:
NAME:
3.
METHOD:
ADDRESS:
DATE:
NAME:
4.
METHOD:
ADDRESS:
DATE:
NAME:
5.
METHOD:
ADDRESS:
IN ORDER TO VERITY A CONTRACTORS GOOD FAITH EFFORTS, PLEASE PROVIDE COPIES OF ALL WRITTEN NOTICES TO
ALL FIRMS OF CONTACTED BY THE CONTRACTOR FOR SPECIFIC SCOPES OF WORK IDENTIFIED IN RELATIONS TO THE
SUBCONTRACTING/SUPPLY OPPORTUNITIES IN THE ABOVE NAMED PROJECT. COPIES OF SAID NOTICES MUST BE
PROVIDED TO DALLAS COUNTYS OFFICE OF SMALL BUSINESS ENTERPRISE WITHIN FIVE (5) BUSINESS DAYS AFTER THE
BID/PROPOSAL IS DUE. SUCH NOTICES SHALL INCLUDE INFORMATION ON THE SCOPE OF WORK TO BE PERFORMED
AND/OR SUPPLIES TO BE PROVIDED.
2. DID YOU ATTEND THE PRE-PROPOSAL CONFERENCE SCHEDULED FOR THIS PROJECT? YES _____ NO _____
3. LIST ALL LISTINGS, DIRECTORIES, CONTRACTOR ASSOCIATIONS, AND/OR ANY OTHER ASSOCIATIONS UTILIZED TO
SOLICIT SBE SUBCONTRACTOR/SUPPLIERS.
NAME CONTACT PERSON PHONE
( )
( )
( )
( )
4. DISCUSS EFFORTS MADE TO DEFINE ADDITIONAL ELEMENTS OF THE WORK PROPOSED TO BE PERFORMED BY SBE s IN
ORDER TO INCREASE THE LIKELIHOOD OF ACHIEVING THE GOAL.
5. INDICATE ADVERTISEMENTS MEDIUMS USED FOR SOLICITING BIDS FROM SBE s (PLEASE ATTACH A COPY OF THE
ADVERTISEMENTS).
RFP 2019-XXX-XXX P AGE 39
Good Faith Effort Form Page 3 of 4
GOOD FAITH EFFORT
AFFIRMATION
I HEREBY AFFIRM THAT THE INFORMATION PROVIDED IN THIS GOOD FAITH EFFORT PLAN IS TRUE AND COMPLETE TO THE
BEST OF MY KNOWLEDGE. I FURTHER UNDERSTAND AND AGREE THAT THIS DOCUMENT SHALL BE ATTACHED THERETO
AND BECOME A BINDING PART OF THE CONTRACT/AGREEMENT.
NAME OF AUTHORIZED
OFFICIAL:
TITLE:
SIGNATU DATE
RE: :
FOR USE ONLY BY THE OFFICE OF SMALL BUSINESS ENTERPRISE
GOOD FAITH EFFORT RECOMMENDATION:
APPROVED: NOT
APPROVED:
DATE:
SBE
DIRECTOR:
Good Faith Effort Affirmation Page 4 of 4
RFP 2019-XXX-XXX P AGE 40
RFP 2019-XXX-XXX P AGE 41
TEXAS GOVERNMENT CODE CHAPTER 2270 VERIFICATION FORM
I, _____________________________________________________________________________(Person name), the
undersigned representative of (Company or Business name)
______________________________________________
__________________________________________ being an adult over the
age of eighteen (18) years of age, do hereby depose and verify under oath that the company named-
above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract between company and Dallas County, Texas.
Pursuant to Section 2270.001, Texas Government Code:
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not
include an action made for ordinary business purposes; and
-profit sole proprietorship, organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly
owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business
associations that exist to make a profit.
___________________________________________________
___________________________________________________
Signature Printed Name
___________________________________________________
___________________________________________________
Title Date
AFFIX NOTARY STAMP / SEAL ABOVE
I swear, or affirm, under penalty of perjury, that the
above disclosure is true and correct.
_______________________________________________________________________
Signature of authorized agent of contracting business entity
Sworn to and subscribed before me, by the said ______________________, this the
_______________________ day of ________________, 20 _______ , to certify which, witness my
hand and seal of office.
____________________________________ ____________________________________
____________________________________
Signature of officer Printed name of officer Title of officer
administering oath administering oath administering oath
RFP 2019-XXX-XXX P AGE 42
TEXAS GOVERNMENT CODE CHAPTER 2252 CERTIFICATION FORM
I,
_____________________________________________________________________________________________
_____(Person name), the undersigned representative of (Company or Business name)
___________________________________________________________________________________
_______________________________________________________________ (hereafter referred to as
being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the
company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2252:
1. IS NOT listed on the website of the Comptroller of the State of Texas concerning the listing of companies that
are identified under Section 806.051, 807.051 or Section 2253.153; and
2. Will not be listed during the term of the contract between company and Dallas County, Texas.
Pursuant to Section 2252..152 and 2252.153, Texas Government Code:
Sec. 2252.152. CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN
TERRORIST ORGANIZATION PROHIBITED. A governmental entity may not enter into a governmental contract with
a company that is identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153.
Sec. 2252.153. LISTED COMPANIES. The comptroller shall prepare and maintain, and make available to each
governmental entity, a list of companies known to have contracts with or provide supplies or services to a foreign
terrorist organization.
___________________________________________________
___________________________________________________
Signature Printed Name
___________________________________________________
___________________________________________________
Title Date
AFFIX NOTARY STAMP / SEAL ABOVE
I swear, or affirm, under penalty of perjury, that the
above disclosure is true and correct.
___________________________________________________________________
Signature of authorized agent of contracting business entity
Sworn to and subscribed before me, by the said _______________________________________, this the
RFP 2019-XXX-XXX P AGE 43
________________________ day of ________________, 20 _______ , to certify which, witness my hand and seal of
office.
____________________________________ ____________________________________
____________________________________
Signature of officer Printed name of officer Title of officer
administering oath administering oath administering oath
RFP 2019-XXX-XXX P AGE 44
This is a sample CERTIFICATE OF INTERESTED PARTIES.
Contractor must use the Texas Ethics Commission electronic filing web page (at
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm) to complete the most current Certificate of
Interested Parties form and submit the form as instructed to the Texas Ethics Commission and Dallas County.
RFP 2019-XXX-XXX P AGE 45
TITLE VI ASSURANCES/COMPLIANCE -- APPENDIX A
A.Assurances
RFP 2019-XXX-XXX P AGE 46
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, the Federal Highway Administration, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set forth in Appendix B of
49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed
under a subcontract, including procurements of materials, or leases of equipment, each potential
tract
and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Recipient or the Federal
Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal
Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance:
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to: a. withholding payments to
the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or
suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the
Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the
interests of the United States.
RFP 2019-XXX-XXX P AGE 47
B.Nondiscrimination Authorities
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.§ 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal
or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on
the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability
in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
RFP 2019-XXX-XXX P AGE 48
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U .S.C. 1681 et seq).
C. Representations and Warranties
The Contractor also makes the following representations and warranties to Dallas
County:
1. It has taken the steps necessary to effectuate Title VI requirements.
2. Disadvantaged business enterprises are afforded equal opportunity to submit bids/proposals as sub-
contractors or sub-consultants and will not be discriminated against on the grounds of race, color, sex, age,
disability, religion, veteran status, or national origin in consideration of a selection or award.
3. Neither contractor or any subcontractors or sub-recipients that will participate in activities to be funded as a
result of this contract/bid/solicitation, are listed on the debarred list due to violations of Title VI or VII of the
Civil Rights Act of 1964, nor are there any proposed parties to this contract, or any subcontract resulting
therefrom, aware of any pending action which might result in such debarment or disqualification.
D. Title VI Complaints
Any person who, based on race, religion, color, national origin, sex, age, or disability believes that he/she
has been excluded from participation in, denied benefits or services of any program or activity administered
by Dallas County or its sub-recipients, consultants and contractors may bring forth a discrimination
under Title VI. The complainant may file a signed, written complaint up to 180 calendar days from the date
of the alleged act of discrimination or the date the person(s) became aware of the alleged act(s) of
discrimination. Complaints must be filed in writing, signed by the complainant and/or
representative, or filed in person with the Dallas County Title VI Coordinator at the following address:
Dallas County Human Resources
Dallas County Director of Human Resources and Title VI Coordinator
Renaissance Tower, Floor 23
1201 Elm St., Ste. 2300-B
Dallas, Texas 75270
(214) 653-7638 (phone)
(214) 653-7608 (fax)
A copy of the Dallas County Title VI Non Discrimination Plan and Documents, and complaint forms,
may be obtained at: http://www.dallascounty.org/departments/HR/title_vi.php or at the physical
address listed above.
A complainant may also contact the Federal Coordination and Compliance Office, Civil Rights
Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W.
RFP 2019-XXX-XXX P AGE 49
Washington, D.C. 20530
1-888-848-5306
More information on Title VI is available from the Justice Department online at www.justice.gov.
Contractor shall comply with all reasonable requests made in the course of an investigation of Title
VI and these assurances by Dallas County, the Texas Department of Transportation, the US Department of
Transportation, the US Department of Justice, or any other federal or state agency. Failure to comply with
such reasonable requests will be deemed a breach of this contract/bid/solicitation.
E.Enforcement
The contractor affirmatively acknowledges that it will be subject to Title VI, the implementing
regulations, and any enforcement measures therein. In addition to any enforcement action by Dallas
County, the contractor acknowledges that the United States and the State of Texas has a right to seek
judicial enforcement with regard to any matter arising under Title VI, including the assurances herein.
:
_________________________________________________________________
_____________________________________________________________________
___________________
Signature, Authorized Representative of Contractor Date
____________________________________________
Title
Updated Jan. 2018
RFP 2019-XXX-XXX P AGE 50
RFP 2019-XXX-XXX P AGE 51
VOLUNTARY MORATORIUM ON CAMPAIGN CONTRIBUTIONS
In accordance with Dallas Countys Transparency Policy, parties interested in
responding to this RFP/RFP are encouraged to sign this statement indicating your
willingness to temporarily refrain from making any donation to any Dallas County
elected official or candidate for office whose office (or potential office) has any
involvement in the selection process for the associated contract during the
pendency of the RFP/RFP through thirty
(30) days after the
contract is awarded. We
hereby agree as stated;
Firm Name:
Signature and Title of Individual Authorized to Bind Company:
Title:
Print Name:
Date:
RFP 2019-XXX-XXX P AGE 52
Attachment A
TAX FORM/DEBT/RESIDENCE CERTIFICATION
(for Advertised Projects)
Taxpayer Identification Number (T.I.N.):
Company Name submitting Bid/Proposal:
Mailing Address:
Are you registered to do business in the State of Texas? Yes No
If you are an individual, list the names and addresses of any partnership of which you are a general
partner or any assumed name(s) under which you operate your business
I. Property: List all taxable property in Dallas County owned by you or above partnerships as
well as any d/b/a names. (Use a second sheet of paper if necessary.)
Dallas County Tax Acct. No. * Property address or location**
* This is the property account identification number assigned by the Dallas County Appraisal
District.
** For real property, specify the property address or legal description. For business personal
property, specify the address where the property is located. For example, office equipment will
normally be at your office, but inventory may be stored at a warehouse or other location.
II. Dallas County Debt - Do you owe any debts to Dallas County (taxes on properties listed in I
above, tickets, fines, tolls, court judgments, etc.)?
Yes No If yes, attach a separate page explaining the debt.
III. Residence Certification - Pursuant to Texas Government Code §2252.001 et seq., as
amended, Dallas County requests Residence Certification. §2252.001 et seq. of the
Government Code provides some restrictions on the awarding of governmental contracts;
pertinent provisions of §2252.001 are stated below:
(3) "Nonresident bidder" refers to a person who is not a resident.
(4) "Resident bidder" refers to a person whose principal place of business is in this
state, including a contractor whose ultimate parent company or majority owner
has its principal place of business in this state.
I certify that is a Resident Bidder of Texas as defined in
Government
\[Company Name\]
Code §2252.001.
RFP 2019-XXX-XXX P AGE 53
I certify that is a Nonresident Bidder as defined in
Government Code \[Company Name\]
§2252.001 and our principal place of business is .
\[City and State\]
RFP 2019-XXX-XXX P AGE 54
Attachment g.
Page 1 of 2
FINANCIAL STATEMENT
Condition of vendor at close of business Month, ______________________, 2019
ASSETS
1. Cash on hand $
In Bank $
Elsewhere $ $
2. Accounts receivable from completed contracts
(Exclusive of claims not approved for payment)
3. Accounts receivable from other sources than above
4. Amounts earned on uncompleted contracts
(Not included in Item 3) (Contract price on completed
portion of uncompleted contracts less total cost of
completed portion.)
5. Deposits for bids or other guarantees
6. Notes receivable Past due $
Due 90 days $
Due Later $
7. Interest earned
8. Real Estate
Business Property, Present value $
Other property $
9. Stocks and Bonds $
Listed on exchange $
Unlisted $
10. Equipment, machinery, fixtures $
Less Depreciation $
11. Other Assets
TOTAL ASSETS $
RFP 2019-XXX-XXX P AGE 55
Attachment g.
Page 2 of 2
LIABILITIES AND NET WORTH
1. Notes Payable To banks regular $
(For certified check)
Equip. Obligations
Others $
2. Accounts Payable Current $
Past Due
3. Real Estate Mortgages
4. Other Liabilities
5. Reserves
6. Capital Stock Paid up Common
Preferred
7. Surplus
TOTAL LIABILITIES $
In addition, please include and annual reports covering the two (2) most recent fiscal years, or
any other documents that will allow Dallas County to assess the financial viability of the
vendor.
RFP 2019-XXX-XXX P AGE 56
Attachment h.
REFERENCES
Vendor should provide at least three (3) references for each Task. Please refer to page 15
of this RFP for additional instructions.
Reference #1
Organization Name:
Contact Name/
Telephone No.: Email Address:
Address:
Services provided:
Reference #2
Organization Name:
Contact Name/
Telephone No.: Email Address:
Address:
Services provided:
RFP 2019-XXX-XXX P AGE 57
RFP 2019-XXX-XXX P AGE 58
Reference #3
Organization Name:
Contact Name/
Telephone No.: Email Address:
Address:
Services provided:
Reference #4
Organization Name:
Contact Name/
Telephone No.: Email Address:
Address:
Services provided:
RFP 2019-XXX-XXX P AGE 59
RFP 2019-XXX-XXX P AGE 60
2020 Census Participation for Dallas County
QUESTIONNAIRE
The questionnaire requests information about the vendor which will be utilized in the evaluation process. All
vendors must complete the questionnaire and answer all questions. Answers should be as thorough and definitive
as possible and include all pertinent data. The completed questionnaire should be included with the response and
must be provided electronically in Microsoft Excel format on CD-ROM. Failure to do so may result in
disqualification. Respond to each of the following with "yes"/"no" responses. Supplemental materials, additional
pages, or requested lists providing additional information may be attached to further clarify answers. All
required may result in disqualification of vendor's response from consideration or termination of the resulting
contract. (LITIGATION/COMPLAINTS DISCLOSURE - If "Yes," provide the name of the person(s), the nature,
and the status and/or outcome of the information, indictment, conviction, termination, claim or litigation on a
separate page attached to vendor's response.)
GENERAL QUESTIONS Yes No Response/Comments
1 Present Company Name
2 Location of company headquarters
3 Primary Dallas address
4 Owner(s)
5 Form of Business
Corporation
Partnership
Sole Proprietary
6 Principal office location
7 To be completed by Corporations
Date Incorporated
Under the laws of what state
Provide a COMPLETE list of officers
Executive Officer
8 To be completed by Partnerships
Date formed
Is Partnership general, Limited, or
associated?
Provide a COMPLETE list of
members.
Provide a COMPLETE list of all local
branch offices.
RFP 2019-XXX-XXX P AGE 61
GENERAL QUESTIONS Yes No Response/Comments
9 To be completed by all vendors.
Minority/Women Business Enterprise
(M/WBE) or Historically Underutilized
Business (HUB)
Does responding vendor qualify as
M/WBE?
Does responding vendor qualify as
HUB?
Vendor must provide backup
certifictions of M/WBE or HUB
verification.
Does vendor intend to utilize sub-
contractor?
If so, does sub -contractor qualify as
M/WBE?
If so, does sub -contractor qualify as
HUB?
If neither the prime no sub-contractor
qualify as a M/WBE or HUB, list the
percentage of the company ownership
in prime or sub-contractor by either
minorities and/or women.
If neither of the prime nor sub-
contractor qualify as a M/WBE or
HUB, list the percentage of employees
that are either minorities and/or
women.
10 Submitted by (name of person
submitting questionnaire)
11 Is your company presently in
compliance with all City, State and
Federal requirements with jurisdiction
over your business?
12 If your answer is "NO", what is the
specific area of non-compliance and
what do you anticipate as the
outcome?
13 How many years has your company
been in existence in its current
business form and operating under
the same name? Include written
evidence.
RFP 2019-XXX-XXX P AGE 62
14 Has company conducted business
with Dallas County in the last twenty-
four (24) months? If yes, provide
details.
GENERAL QUESTIONS Yes No Response/Comments
15 Does your company understand that
due to processing procedures for
Dallas County, there may be up to a
forty-five (45) day delay from the date
the is received by the using
department and the Dallas County's
Auditor's Office before payment is
available and that no consideration for
special handling will be made?
16 Provide the name of the
representative to be assigned to
handling all Dallas County needs,
facilitating communication and
ensuring quality of services.
Telephone Number (must be a local or
toll free)
After hours contact information
Fax number (must be local or toll free)
Email address
17 Vendor may subcontract parts of the
services awarded on this contract to
another firm but must first acquire
Dallas County approval prior to
subcontracting. Awarded vendor will
be repsonisble for maintaining all
insurance requirements for any/all
subcontractors. Identify if vendor
plans to subcontract any portion of
this solicitation, what parts will be
suncontracted, and the suncontractor
expected to provide the services. If
yes, the vendor shall be required to
obtain a payment bond. The County
will provide the bond documents to be
executed.
18 If your company does not have an
office in Dallas , please explain how
your company will provide services
should Dallas County decide to award
to your company?
RFP 2019-XXX-XXX P AGE 63
LITIGATION AND/OR COMPLAINTS
DISCLOSURE
19 Has vendor or any senior level
executive ever been indicted or
convicted of a felony or misdemeanor
greater than a Class C in the last five
(5) years? Is the vendor's company or
any of its officers, director, partners or
principals now under indictment, court
order or investigation?
LITIGATION AND/OR COMPLAINTS Yes No Response/Comments
DISCLOSURE
20 Has vendor or any senior level
executive to be assigned to this
project been terminated (for cause or
otherwise) from any work being
performed for the Dallas Health
System or any other federal, state or
local government, or private entity?
21 Has vendor or any senior level
executive to be assigned to this
project been involved in any claim or
litigation with the Dallas Health
System or any other federal, state or
local government, or private entity
during the last ten (10) years?
22 Describe any litigation against
vendor's company in the past five (5)
years including any settled or
dismissed matters. Is vendor's
company under investigation or
subject to any regulatory action by
either a state or federal agency? If
yes, explain.
23 Has vendor had any complaints filed
with the Better Business Bureau
(BBB) for failure to perform in
accordance with agreements.
24 Is vendor's company currently
involved in any active/pending civil
matters? If yes, explain
QUESTIONNAIRE WILL NOT BE CONSIDERED WITHOUT NOTARY SECTION COMPLETED AND
RETURNED.
State of: __________________________________
RFP 2019-XXX-XXX P AGE 64
County of: ________________________________
_____________________________________ being duly sworn, deposes and says that he
is______________________________ of
(Name) (Title)
______________________________________________ and that the answers to the foregoing questions on the
attached forms and all
(Company)
statements therein are true and correct: that the experience record and the schedule of services are made a part
of this affidavit as though written in full herein, and all statements and questions given in the above-mentioned
experience record and schedule of services are true and correct.
Signed: ___________________________________
Sworn to before me this _____ day of _________________A.D. 20_____
NOTARY PUBLIC____________________________________________
My commission expires: ________________________________________
RFP 2019-XXX-XXX P AGE 65
MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Date: September 24, 2019
Reference: Discussion of Drainage Projects and the Drainage Utility District
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
The City is responsible for maintaining conveyance in streams
The City is responsible for maintaining storm drain infrastructure located in drainage
easements
The City needs to implement drainage improvement projects to preserve conveyance
and maintain drainage infrastructure
The Drainage Utility District generates revenue for the operation and maintenance of
the drainage system
This is the first discussion regarding revenue needs and possible changes to the
Drainage Utility District rates
Introduction/Analysis:
Staff will present specific drainage projects that need to be implemented to meet obligations regarding
infrastructure and conveyance maintenance. Staff will also introduce projected operation and
maintenance needs, along with background on the Drainage Utility District. This discussion will also
introduce possible changes to the Drainage Utility District rates.
Legal Review:
No legal review was required.
Fiscal Impact:
There is no fiscal impact related to this item.
Recommendation:
This item is presented for discussion only.
1
MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Date: September 24, 2019
Reference: Discussion of Access Management and Traffic Operations
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
Access management is the control of access to and from a roadway or highway to
allow reasonable access from development and preserve the capacity of the roadway
or highway.
Access management includes criteria related to driveway spacing, auxiliary lane
design criteria, median opening spacing, and related elements.
Current access management criteria are included in the Subdivision Ordinance.
The existing criteria have been in place for more than two decades.
If the City adopts an Access Management Policy, TxDOT will consider granting
access permitting authority to the City for driveways along frontage roads.
This discussion will present a draft Access Management Policy.
This discussion will also present an overview of traffic flow operations strategies.
Introduction/Analysis:
Staff will present a draft policy on updated access management standards. Staff will also present an
overview of traffic flow operations strategies for discussion.
Legal Review:
No legal review was required.
Fiscal Impact:
There is no fiscal impact related to this item.
Recommendation:
This item is presented for discussion only.
1
MEMORANDUM
To:Mayor and City Council
Through:Mike Land, City Manager
From:Traci E. Leach, Deputy City Manager
Date:September 24, 2019
Reference:Discussion regardingVision 2040 Strategic Plan Objectives
Introduction:
The purpose of this work session item is to continue the discussion that began during the August 9
and 10, 2019 Retreat. At that time, the Council began discussingthe objectives, as outlined in the
Vision 2040 Plan,in greater detail.The Executive Committee was intentional about not dictating
how each of those goals should be addressed. Rather, the goals spoke to expressed needs of the
community, with the expectation that there would be additional planning and discussions to determine
strategies and objectives that would achieve those goals. The retreat was the first step in that
conversation.However, the Council did not have enough time to discuss all objectives. This agenda
item will remain on future work sessions until all objectives have been discussed.
Background:The Vision 2040 Strategic Planincludes seven pillars around which high-level goals
were identified to support each pillar. The plan was created by a robust community engagement
process that spanned approximately nine months and culminated in the acceptance of the plan and
approval of the pillars and goals on April 23, 2019.
Analysis: None.
Legal: N/A.
Fiscal Impact:None.
Recommendation:None.
1
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PROCLAMATION
WHEREAS, The National Association of Town Watch is sponsoring the 35thAnnual
st
edition of an important nationwide crime and drug prevention event on October 1, 2019, called
“National Night Out;” and
WHEREAS, The“Annual National Night Out” provides a unique opportunity for
Coppell, Texas to join forces with thousands of other communities across the country in
promoting cooperative police and community drug prevention efforts; and
th
WHEREAS,The City of Coppell is celebrating the 28Anniversary of participating in
this great crime prevention program; and
WHEREAS,It is essential that all citizens of Coppell, Texas be aware of the importance
of crime prevention programs and the impact that their participation can have on reducing crime,
drugs, and violence in Coppell, Texas; and
WHEREAS,Police-Community partnerships, neighborhood awareness and safety, and
cooperation are important themes of the “National Night Out” program; and
WHEREAS, Neighborhood Crime Watch plays a vital part inassisting the Coppell
Police Department through joint crime prevention efforts in Coppell.
NOW, THEREFORE, I, Karen Hunt, Mayor of the City of Coppell, do hereby proclaim
Tuesday,October 1st,2019as
“National Night Out”
Inthe City of Coppell, Dallas County, Texas.
IN WITNESS THEREOF,I have set my hand and caused the seal of the City of
Coppell to be affixed this _____day of September 2019.
_________________________________
Karen Hunt,Mayor
ATTEST:
_____________________________
Christel Pettinos, City Secretary
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MEMORANDUM
To:Mayor and City Council
From:Christel Pettinos, City Secretary
Date:September 24, 2019
Reference:Consider approval of an agreement renewal between the City of Coppell and SPAN,
Inc., for the provision of transit services for Senior Citizens and Citizens with
Disabilities; in an amount,not to exceed $16,000; as budgeted; and authorizing the
Mayor to sign.
Introduction:This is the annual contract renewal between the City of Coppell and SPAN for
residential, paratransit services.
Analysis:SPAN Ridership numbers are as follows:
2018SPAN SPAN 2019SPAN SPAN
2016Month TripsRidersMonth TripsRiders
96
474 TripsJanuary68January93
77
42 RidersFebruary86February95
86
March120March87
99
2017April134April140
810
1,166 TripsMay101May136
59
93 RidersJuneJune
77113
611
JulyJuly
92138
1210
August105August112
10
September128September
12
October150October
7
November92November
7
December76December
10068
Total1,229914
Recommendation:Approval recommended.
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services1Page
.in accordance with this Agreement
and persons with documented disabilities (herein after Riders) are sixty (60) years of age or older
who door demand response transit services to Riders -to-SPAN shall provide door.102.
Service
Article II
notice to the other Party.
Either Party may terminate this Agreement by giving thirty (30) days prior written .201.
.September 30, 2020until continue
(“Effective Date”) and 9October 1, 201This Agreement shall commence on .101.
Term
Article I
agree as follows:
aluable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties v
, in exchange for the mutual covenants set forth herein, and other NOW THEREFORE
conditions set forth in this Agreement;
on the terms and Cityservices for provide transportabilitytodesiresSPAN,WHEREAS
or in part within Denton County, Texas,
hole Texas Transportation Code to provide this type of transportation to municipalities located in w
profit corporation, grandfathered under the -SPAN is authorized as a non,WHEREAS
; andtransportation services in the Coppell service area, as set forth hereinconnection with
herein in , to provide the services described joint venture, partnership or employeeand not as an
as an independent contractor, SPAN, City desires to engage the services of WHEREAS
said citizens, and
ate transportation to routine matters, the City desires to assist and provide a form of public/priv
which are in need of transportation alternatives to seek routine medical care and to attend to daily
, the City recognizes that has an aging population and special needs citizens WHEREAS
RECITALS:
through their authorized representatives.
(each a “Party” and collectively the “Parties”), acting by and citizens and persons with disabilities
transportation for senior profit corporation, to provide -a nonSPAN, Inc.Texas (“City”) and
,Coppellis made by and between the City of This Agreement for Transportation services
§COUNTY OF DALLAS
.RTATION SERVICESGREEMENT FOR TRANSPO A§
§STATE OF TEXAS
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services2Page
shall provide monthly ridership information to the City Manager or his/her designee specifically
. In addition, SPAN under this Agreementincident to the services provided to the Riders by SPAN
The CITY shall have the right to review the activities and financial records kept 3.03.
nd must document the reason why service was declined.transportation for this person a
safely transport a passenger. In the event that safety is compromised, SPAN may decline
SPAN reserves the right to determine on an individual basis whether SPAN has the capability to
d documenting the eligibility of Riders. PAN will be responsible for verifying anS3.02.
iders. Rtransportation services to
to Riders. SPAN shall adopt such policy and procedures to ensure safe and competitive public
way trips it provides -break down the information regarding the number of oneshall also track and
a tracking of services provided to Riders and a review of the financial status of the program. SPAN
further establish, operate, and maintain an accounting system for this program that will allow for
t service for the Riders. SPAN shall insurance necessary to establish a demand response transi
SPAN shall provide all equipment, facilities, qualified employees, training, and 3.01.
in this Agreement. outlined
agrees to complete the required services in accordance with the Project Schedule SPAN
Schedule of Work
Article III
capacity constraints and availability.
subject to major holidays and Saturday, Sunday, ding6:00 p.m. Monday through Friday exclu
Demand response transit service is available between the hours of 7:00 a.m. and 5.2.0
1900 weekdays between the hours of 8:00 a.m. and 2:00 p.m.; and-382-Office at 940
p and drop off by calling SPAN'S Transportation u-in advance, to set up appointments for pick
Riders may call in at least one (1) day in advance, but no more than two (2) weeks .2.04
parties mutually agree in writing.
service area Exhibit “A”. The amendment of Exhibit “A” can only be amended if both amend the
area shown on Exhibit “A”. SPAN may make a request to the City to temporarily or permanently
address situations when Riders call and request service that is outside or not identified as a covered
has been established between the two entities to A Memorandum of Understanding.2.03
the fare recited in this section at or prior to the time the service is rendered. shall remit
attached hereto and incorporated herein as Exhibit “B” (herein after “the Policy”). The Riders
y and procedures which are disabilities in accordance with the SPAN Transportation polic
ith documented for qualified seniors (age 60 and older) and people wof $3.00Riders
SPAN/CITY transit service destination area shown on Exhibit “A” hereto, at a cost to the
taken anywhere in the shall be picked up within service area and Riders .22.0
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services3Page
the services required under this Agreement unless otherwise provided herein.
l furnish the facilities, equipment and personnel necessary to perform shalSPAN.30.5
City unless otherwise agreed to in writing. by
hereunder, and shall not otherwise be reimbursed SPANas part of the total compensation to be paid
The cost of such personnel and assistance shall be included not referenced in Exhibit “A”. services
SPAN shall provide written notice to and approval from City prior to engaging this Agreement.
may deem proper to aid or assist in the performance of the services under SPANcorporations that
ge the services of any agents, assistants, persons, or shall be authorized to engaSPANAgreement,
to perform the services under this SPANTo the extent reasonably necessary for .20.5
otherwise agreed between the Parties.
’s standard hourly rate schedule, or as SPANime and materials basis, in accordance with a t
services required under this Agreement, and shall be compensated for such additional services on
services within the time schedule without decreasing the effectiveness of the performance of
shall make reasonable effort to provide such additional SPAN,included under this Agreement
require additional services not Cityperformance of the services under this Agreement. Should
shall devote such time as reasonably necessary for the satisfactory SPAN.10.5
Devotion of Time; Personnel; and Equipment
rticle VA
continue to roll forward on a monthly basis until the conclusion of the Term of this Agreement.
following month. If unused during the immediately following month, the accrued trips shall
and be available for use during the immediately over)-(rollaccruetrips from that month will
way -way trips are used in any given month the unused one-) one(106wer than If fe.20.4
). Three Cents ($12.53-FiftyTwelve Dollars and way trip of -per one
for Riders, invoiced to CITY on a monthly basis at a price way trips-) one1,276(Six-and Seventy
Two Hundred Thousand One,000) for up to a total of 16Thousand Dollars ($Sixteennot to exceed
amount in aggregable be , will9, through September 30, 2020, 201October 1for the period of paid
rant shall be invoiced and g. Such under this Agreementresponse transit service provided to Riders
for demand to SPAN CITY agrees to pay a reasonable fee to its senior and special needs citizens,
In order to ensure the City assists in providing some form of available transportation .10.4
Compensation and Method of Payment
VArticle I
use.Rider to evaluate the
ermine whether to continue to contract with SPAN and sole purpose of such information is to det
identifying the number of Rider trips including rider origination, destination, and purpose. The
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services4Page
deemed received three (3) days after delivery set forth herein:
below, or to such other Party or address as either Party may designate in writing, and shall be
ht courier or by confirmed telefax or facsimile to the address specified first class mail, overnig
. Any notice required or permitted to be delivered hereunder may be sent by Notice.80.6
shall constitute or provide for as a waiver of the City’s immunity under state or federal law.
Nothing contained herein of this Agreement.services are to be performed, subject to the terms
performance of its services and shall be entitled to control the manner and means by which its
shall supervise the SPAN.Cityindependent contractor, and not as an agent or employee of
n the capacity of an pursuant to this Agreement shall be iSPANservices to be performed by
assumes no responsibility or liabilities to any third party in connection with these actions. All
Cityin satisfying the conditions of this Agreement, is acting independently, and that SPAN,
. It is understood and agreed by and between the Parties that
Independent Contractor.70.6
in it.
never been contained shall be construed as if such invalid, illegal, or unenforceable provision had
invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement
reason be held to be invalid, illegal, or unenforceable in any respect, such Agreement shall for any
. In the event any one or more of the provisions contained in this Severability.60.6
of the Parties.
. This Agreement may be amended by the mutual written agreement Amendments.50.6
and subject matter jurisdiction of said court.personal
shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the
without regard to any conflict of law rules; and venue for any action concerning this Agreement
aws of the State of Texas shall govern this Agreement . The lGoverning Law.40.6
executors, administrators, legal representatives, successors and assigns.
Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs,
ject to the provisions regarding assignment, this . SubSuccessors and Assigns.30.6
and obligations contained in this Agreement.
to personally assume, perform, and be bound by all the covenants, Cityshall agree in writing with
has consented, the assignee Cityto which SPANhe event of an assignment by consent of City. In t
may not assign this Agreement without the prior written SPAN .Assignment.20.6
the Parties with respect to this subject matter.
between the Parties and supersedes any prior understandings written or oral agreements between
agreement . This Agreement constitutes the sole and only Entire Agreement.10.6
Miscellaneous
IArticle V
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services5Page
nsurance;all applicable coverage with the exception of Workers Compensation I
, its officers, and employees as additional insureds as to Cityname 1)(
All policies of insurance shall be endorsed and contain the following provisions:(b)
$500,000.00; and
less than provision of services under this Agreement with policy limit of not
’s employees involved in the SPANand Employers Liability covering all of
statutory Worker’s Compensation Insurance at the statutory limits )3(
egate for bodily injury and property damage;combined single limit and aggr
,000.00 000,the performance of this Agreement with policy limits of not less than $5
, its officers, agents, and employees, and used in SPANowned and/or operated by
olicy of automobile liability insurance covering any vehicles p)2(
,000,000.00;2$an aggregate of
with occurrence for injury to persons (including death), and for property damage
,000,000.00 per 1with a minimum combined single limit of not less than $
’s performance of services pursuant to this Agreement SPANting to or actions rela
for bodily injury, death and property damage insuring against all claims, demands
general liability policy of insurance commercial comprehensivea)1(
insurance:
shall during the term hereof maintain in full force and effect the following SPAN(a)
.
Insurance.90.6
Office–940.382.2224
Denton, Texas 76201
1800 Malone Street
SPAN, Inc.
Executive Director
Michelle McMahon
:SPANIf intended for
facsimile-214.965.0010
Dallas, Texas 75201
500 N. Akard Streetfacsimile–3673.304972.
1800 Ross Tower75019Texas Coppell,
Hager & Smith, LLP255 E. Parkway Boulevard
Nichols, Jackson, Dillard, , TexasCity of Coppell
Robert E. HagerCity Manager
With a copy to::CityIf intended for
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services6Page
FORUM OF BY A COURT OR OTHERAS DETERMINEDSPANATTRIBUTED TO
EPORTION OF NEGLIGENCTO THE EXTENT OR PROINDEMNIFY CITY ONLY
SHALL SPANT, IN WHICH CASE , IN WHOLE OR IN PARCITYTO NEGLIGENCE OF
ATTRIBUTED S ARISE FROM OR ARE ES, DEATHS OR DAMAGESUITS, COSTS, INJURI
,CH LIABILITY, CLAIMSWHEN SUTED ASSIGNS (EXCEPT SUCCESSORS OR PERMIT
,NSULTANTS, LICENSEESREPRESENTATIVES, COSERVANTS, EMPLOYEES,
CTORS, , ITS OFFICERS, DIRESPANSSION ON THE PART OFNEGLIGENT ACT OR OMI
ANYMENT OR BY REASON OFCES UNDER THIS AGREEPERFORMANCE OF SERVI
NEGLIGENT ’S SPANSED BY TY TO THE EXTENT CAUTO OR LOSS OF PROPER
DAMAGE ATH OF ANY PERSON ORN OF INJURY TO OR DEOF ANY KIND BY REASO
CTIONS INVESTIGATION) AND A’ FEES AND COSTS OF REASONABLE ATTORNEYS
COSTS, TS (INCLUDING COURT , CLAIMS, SUITS, COSLIABILITIES, DAMAGES
ANY AND ALL D AGAINST ARMLESS CITY FROM ANINDEMNIFY AND SAVE H
AGREES TO SPANLIGATIONS HEREUNDER.BREACH OF CITY’S OBCITY OR
CT OF OR WILLFUL MISCONDUTHAN THE NEGLIGENCEFROM ANY CAUSE OTHER
Y TIME AND PERSON ARISING AT ANO, OR DEATH OF, ANY PROPERTY OR INJURY T
AGE TO ANY N AS “CITY”) FOR DAMED TO IN THIS SECTIO(COLLECTIVELY REFERR
AGENTS AND EMPLOYEESCITY, ITS OFFICERS, AINST WAIVES ALL CLAIMS AG
HEREBY SPANREEMENT. PURSUANT TO THIS AGSPANFROM THE SERVICES OF
ARISING Y PERSON OR PROPERTYD OR CHARACTER TO ANOR INJURY OF ANY KIN
AMAGE, ABLE FOR ANY LOSS, DCITY SHALL NOT BE LI.Indemnification1..16
.from the business
ted ownership or beneficial interest in the business; and does not share any profits or losses genera
City does not have any control or oversight to the services provided under this agreement.
ressly understood that the City assumes no operational supervision, employee of the CITY. It is exp
in the performance of this Agreement shall be construed as making SPAN the agent, servant, or
SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN
relationship between the CITY and shall control. In performing services under this Agreement, the
Agreement Agreement and the Policy, this In the event of conflict between this 6.10.
.Cityrequest by
d insurance shall be submitted prior to commencement of services and upon require
A certificate of insurance and copies of the policy endorsements evidencing the (d)
rating service.
transact business in Texas and rated at least “A” by AM Best or other equivalent
companies providing the required insurance shall be authorized to All insurance (c)
change of or to the insurance required herein.
of any material Cityshall provide written notice to SPANproceeds of insurance.
death, property damage, or any other loss to the extent the same is covered by the
for injuries, including City(3) provide for a waiver of subrogation against
cancellation of the insurance;
for Cityprovide for at least thirty (30) days prior written notice to (2)
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services7Page
\[Signature Page to Follow\]
t shall survive termination.of time following the termination of this Agreemen
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
. Any of the representations, warranties, covenants, and Survival of Covenants14..6
for all purposes.hereof
. The exhibits attached hereto are incorporated herein and made a part Exhibits13..6
hereto.
of any number of copies hereof each signed by less than all, but together signed by all of the Parties
d the same instrument. Each counterpart may consist counterparts shall together constitute one an
counterparts, each of which when so executed and delivered shall be an original, but all such
. This Agreement may be executed by the Parties hereto in separate Counterparts12..6
AGREEMENT.TERMINATION OF THIS IVE THE PROVISION SHALL SURV
T. THIS UNDER THIS AGREEMENSPANAINED BY REQUIRED TO BE MAINT
INED OR OF INSURANCE MAINTAE LIMITS OF COVERAGENOT BE LIMITED TO TH
THIS SECTION SHALL ’S OBLIGATIONS UNDERSPANON). COMPETENT JURISDICTI
City of Coppell and SPAN, Inc. (TM 76500)
Agreement for Services8Page
Title:
Name:
By:
.NC I,SPAN dba
.NC ISPAN,
.8this _______ day of _____________________, 201EXECUTED
, City AttorneyRobert E. Hager
___________________________
:ORM F PPROVED AS TO
A
, City SecretaryChristel Pettinos
By:
:TTEST A
Karen Selbo Hunt, Mayor
By:
EXAS T,OPPELL C ITY OF C
9.this _______ day of _____________________, 201EXECUTED
r reference. Please see the attached highlighted Service Area Map fo
35 on the eastern corridor and as far north as Vista Ridge Mall in Lewisville. -I
, bounded by Mills Mallfar south as Las Colinas Medical Center, westward to Grapevine
esidents may be transported as following limited destinations outside of Coppell: City r
to the throughout City limits and to destinations in Coppell will provide service Span
EXHIBIT A: SERVICE AREA
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!"5
MEMORANDUM
To: Mayor and City Council
From: Vicki Chiavetta, Deputy City Manager
Date: September 18, 2019
Reference: Consider approval of an Ordinance approving a negotiated settlement between the
Atmos Cities Steering Committee (ACSC) and Atmos Energy, Mid-Tex Division
regarding the company's 2019 Rate Review Mechanism Filing; and authorizing the
Mayor to sign.
Introduction:
The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company
pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly
referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation).
That settlement created a substitute rate review process, referred to as Rate Review Mechanism
(“RRM”), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most recent
iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or
about April 1, 2019, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC
members. The Company claimed that its cost-of-service in a test year ending December 31, 2018,
entitled it to additional system-wide revenues of $70 million. Application of the standards set forth
in ACSC’s RRM Tariff required Atmos to reduce its request to $54 million, $39.3 million of which
would be applicable to ACSC members. ACSC’s consultants concluded that the system-wide
deficiency under the RRM regime should be $38.7 million instead of the claimed $54 million. The
amount of the $38.7 million deficiency applicable to ACSC members would be $28.2 million.
After the Company reviewed ACSC’s consultants’ report, ACSC’s Executive Committee and the
Company negotiated a settlement whereby the Company would receive an increase of $35.4 million
from ACSC Cities.
The Executive Committee recommends a settlement at this amount. The Effective Date for
new rates is October 1, 2019.
1
PROOF OF REVENUES
Atmos generated proof that the rate tariffs attached to the Ordinance will generate $35.4 million in
additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report.
ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $2.05 on a monthly basis,
or 3.7 percent. The increase for average commercial usage will be $6.18 or 2.31 percent. A bill
impact comparison is attached as Attachment 2.
SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP
PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring
declining expenses and increasing revenues while rewarding the Company for increasing capital
investment on an annual basis. The GRIP process does not allow any review of the reasonableness
of capital investment and does not allow cities to participate in the Railroad Commission’s review of
annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission
undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases
go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises
customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a
more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital
investment.
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some cities
served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally,
the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become
effective on October 1, 2019, ACSC residents will have a slight economic monthly advantage over
comparable GRIP and comparable DARR rates (see Attachment 3).
EXPLANATION OF “BE IT ORDAINED” PARAGRAPHS:
1. This section approves all findingsin the Ordinance.
2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just,
reasonable, and in the public interest.
3. This section finds that existing rates are unreasonable. Such finding is a necessary predicate
to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an
additional $35.4 million from ACSC Cities.
4. This section approves an exhibit that establishes a benchmark for pensions and retiree medical
benefits to be used in future rate cases or RRM filings.
5. This section approves an exhibit to be used in future rate cases or RRM filings regarding
2
recovery of regulatory liabilities, such as excess deferred income taxes.
6. This section requires the Company to reimburse the City for expenses associated with review
of the RRM filing, settlement discussions, and adoption of the Ordinance approving new rate
tariffs.
7. This section repeals any resolution or ordinance that is inconsistent with the Ordinance.
8. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
9. This section is a savings clause, which provides that if any section is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Ordinance. This section further directs that the remaining provisions of the
Ordinance are to be interpreted as if the offending section or clause never existed.
10. This section provides for an effective date upon passage.
11. This section directs that a copy of the signed Ordinance be sent to a representative of the
Company and legal counsel for ACSC.
CONCLUSION
The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with
capital investments. The RRM process has proven to result in a more efficient and less costly process
(both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP
process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover
$70 million in additional system-wide revenues, or $54 million from ACSC Cities, the RRM
settlement at $35.4 million for ACSC Cities reflects substantial savings to ACSC Cities in the amount
of $18.6 million. ACSC’s consultants produced a report indicating that Atmos had justified increased
revenues for ACSC Cities of at least $32.7 million. Settlement at $35.4 million is fair and reasonable.
The ACSC Executive Committee, consisting of city employees of 18 ACSC members, urges all
ACSC members to pass the Ordinance before September 30, 2019. New rates become effective
October 1, 2019.
LEGAL REVIEW
This was reviewed by the Attorney for ACSC and the City Attorney.
RECOMMENDATION
Staff recommends approval.
3
ORDINANCE NO. ________
ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, APPROVING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE
(“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION
REGARDING THE COMPANY’S 2019 RATE REVIEW
MECHANISM FILING; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND
REASONABLE AND IN THE PUBLIC INTEREST; APPROVING
AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR
PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING
AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF
REGULATORY LIABILITY; REQUIRING THE COMPANY TO
REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES;
DETERMINING THAT THIS ORDINANCE WAS PASSED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS
OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE;
DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC’S LEGAL COUNSEL.
WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos Energy
Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an
interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC
Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by
1
the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of
serving the Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in
2018;and
WHEREAS, on about April 1, 2019, Atmos Mid-Tex filed its 2019 RRM rate request with
ACSC Cities based on a test year ending December 31, 2018; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2019 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $35.4
million applicable to ACSC Cities; and
WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with
the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are
just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Exhibit B); and
WHEREAS, the settlement agreement establishes an amortization schedule for regulatory
liability (Exhibit C); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses
associated with RRM applications;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
2
Section 1. That the findings set forth in this Ordinanceare hereby in all things approved.
Section 2. That, without prejudice to future litigation of any issue identified by ACSC,
the City Council finds that the settled amount of an increase in revenues of $35.4 million for ACSC
Cities represents a comprehensive settlement of gas utility rate issues affecting the rates,
operations, and services offered by Atmos Mid-Tex within the municipal limits arising from
Atmos Mid-Tex’s 2019 RRM filing, is in the public interest, and is consistent with the City’s
authority under Section 103.001 of the Texas Utilities Code.
Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and
reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $35.4
million from customers in ACSC Cities, over the amount allowed under currently approved rates.
Such tariffs are hereby adopted.
Section 4. That the ratemaking treatment for pensions and retiree medical benefits in
Atmos Mid-Tex’s next RRM filing shall be as set forth on Exhibit B, attached hereto and
incorporated herein.
Section 5. That amortization of regulatory liability shall be consistent with the schedule
found in attached Exhibit C attached hereto and incorporated herein.
Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses
including attorneys’ fees of the ACSC in processing the Company’s 2019 RRM filing.
Section 7. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
3
Section 8. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 10. That consistent with the City Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by attached
tariffs to be effective for bills rendered on or after October 1, 2019.
Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General
Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED this day of , 2019.
Karen Selbo Hunt, Mayor
ATTEST: APPROVED AS TO FORM:
Christel Pettinos, City Secretary Robert E. Hager, City Attorney
2557/31/7897503
4
August 20, 2019
FREQUENTLY ASKED QUESTIONS REGARDING
ACSC HISTORY AND THE RRM RATEMAKING PROCESS
What is the role of Cities in ratemaking?
Cities have historically exercised original jurisdiction over the level of gas rates charged within
their boundaries. Generally, gas distribution utilities have filed rate cases at the City level and have
only gone to the Railroad Commission of Texas (“RCT” or “Commission”) with an appeal of City
action or when they could not reach a settlement with Cities. If a utility and Cities reach an agreement,
the utility may then file a case at the RCT to implement the same rates approved by Cities in areas
outside municipal boundaries.
Once a case is at the RCT, the Commission Staff generally expects Cities to intervene and do
most of the discovery, cross-examination, briefing, and sponsor opposing witnesses. There is no
consumer advocate at the RCT. If Cities do not participate in hearings at the RCT, the request of a
regulated utility is likely to be rubber-stamped.
How and why was the Atmos Cities Steering Committee created?
The Atmos pipeline and distribution systems were built, owned, and operated by Lone Star
Gas (“LSG”), which maintained over 200 rate jurisdictions until it sold its assets to Texas Utilities
(“TXU”) in the late 1990’s. That meant that many Cities had their own unique distribution rates and
that individual Cities had to process rate cases at the local level. LSG-Pipeline served all 200-plus
distribution systems, and pipeline rates were set by the RCT.
From the early 1980’s through the late 1990’s, LSG filed no pipeline or system-wide rate cases
at the RCT. When LSG was finally brought before the RCT to show cause why its rates should not be
reduced, approximately 80 Cities intervened and created an ad hoc group known as the Steering
Committee of Cities Served by Lone Star. In Gas Utilities Division (“GUD”) docket number 8664,
three separate groups of Cities and a number of independent Cities (jointly the “Aligned Cities”)
participated and coordinated their efforts to oppose the rate increase.
TXU purchased the LSG assets in the late 1990’s and immediately commenced consolidating
200-plus ratemaking jurisdictions into regions. As regional cases were filed, Cities within each region
created an ad hoc committee to form a common strategy and negotiating position. Once TXU had
aggregated the Cities into five or six jurisdictions, each with a different rate, Texas Utilities Gas
Company filed a system-wide case to bring all of the old LSG territory under one common rate. The
different City regional committees then united and formed the Allied Coalition of Cities (“ACC”).
While the gas utility assets were owned and controlled by TXU, the coalition transformed itself from
an ad hoc group that came together only in response to rate filings by the utility into a permanent
standing coalition.
In Gas Utilities Docket (“GUD”) No. 9400 in 2004, TXU’s request for a $61.6 million system-
wide increase was aggressively opposed by ACC. Cities achieved disallowances of $42.9 million of a
regulatory asset and $87.8 million of capitalized gas utility plant. The company received only a $2.01
million increase. Unhappy with that result, TXU decided that owning a gas system was neither as fun
nor as profitable as the deregulated electric system, and they sold the system to Atmos Energy
Corporation (“Atmos” or “Company”). ACC was then transformed into the Steering Committee of
Cities Served by Atmos and then renamed Atmos Cities Steering Committee to obtain an easy to
remember acronym, “ACSC.”
What is the Atmos Cities Steering Committee?
ACSC is a coalition of 170 Citiesthat unite in common purpose to address gas utility rate and
franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that gas utility
rates charged to Cities and their residents are fair and reasonable; (2) maintain reasonable franchise fee
revenues for Cities; (3) protect Cities’ original jurisdiction over rates and services; (4) be a voice for
consumers where no state agency assumes such a role; and (5) promote sound ratemaking policies in
the public interest.
Cities join the permanent standing committee by passing a resolution and agreeing to support
the work of ACSC through modest occasional per capita assessments that support ongoing
administrative and legislative advocacy and all expenses where Cities are not entitled to
reimbursement. Each member City designates a representative to ACSC. Member representatives may
volunteer to serve on the ACSC Executive Committee. The Executive Committee sets policy, hires
legal counsel and consultants, directs litigation, establishes a legislative agenda, sets assessments on
members as needed, and meets quarterly with Atmos executives. The Settlement Committee is directly
involved in negotiating resolution of contested matters with Atmos executives. The list of current
members is attached.
What is the benefit of membership in ACSC?
One hundred seventy Cities speaking as one voice is much more effective in advocacy before
the Railroad Commission and legislature than any one City or multiple small groups of Cities.
The legislature has given gas utilities a right to an annual increase in rates. Resources (both
financial and human) of individual Cities are conserved by membership in ACSC. Additionally,
membership enhances institutional memory of ratemaking issues, public policy debates, and right-of-
way and franchise fee battles.
What has ACSC accomplished?
Going into the 82nd Legislative Session, in December 2010, ACSC released a 48-page report,
“Natural Gas Consumers and the Texas Railroad Commission.” More than 200 television, newspaper
and radio news sites posted information on, and a link to, the report that may be found on ACSC’s
website, TexasGasConsumers.org.
ACSC has also been instrumental in ongoing Sunset Commission reviews of the RCT. The
agency has undergone three Sunset reviews since 2010, and in each case ACSC has maintained a
watchful eye on the process to ensure that provisions that could harm the interest of gas utility
ratepayers are excluded from the legislation. ACSC representatives also visited on several occasions
with the Sunset Commission Staff, and several ACSC recommendations for reform were included in
Sunset Commission Reports on the agency. Several ACSC member representatives testified before
the legislature regarding the Sunset review of the Railroad Commission.
2557/28/7898547 2
During the 2011 legislative session, lobbying efforts by ACSC were critical in killing two gas
utility bills that would have undermined traditional regulation, deprived Cities of certain rights, and
led to even greater rate increases.
ACSC has also resolved a major issue involving franchise fees. In 2010, Atmos unilaterally,
without notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of
whether specific franchises included such payments. Several Cities were willing to pursue the matter
through litigation. However, counsel for ACSC was able to negotiate a resolution that allowed each
member City to determine whether it desired an increase in franchise fee payments based on inclusion
of franchise fees in the calculation of gross receipts. If a City opted for inclusion of fee-on-fee
revenues, it had the further option of retroactive payments back to the point in time that Atmos decided
to curtail fee-on-fee payments. Each member had these options regardless of the wording of the then-
valid franchise agreement. This resolution spared significant litigation costs and anxiety and was only
possible because of the clout of the ACSC membership.
One of the most significant accomplishments of ACSC occurred in 2007 via a settlement of
the then-pending, system-wide rate case. Approximately 50 ACSC City representatives showed up in
Arlington for a meeting with Atmos executives who were shocked at the vocal opposition to Atmos’
practices, the unfairness of annual Gas Reliability Infrastructure Program (“GRIP”) rate filings that
precluded City and citizen review, and the Company’s lack of coordination with Cities. That meeting
led to the creation of the Rate Review Mechanism (“RRM”) process and improved ongoing
communications between the Company and ACSC.
In 2010, these improved communications between ACSC and the Company led to a workable
solution to the need to replace steel service lines in a manner that accommodated Cities’ needs to
control their rights-of-way, while moderating the rate impact and focusing first on the riskiest service
lines based on leak repair histories. This compromise precluded a more onerous (from a City and
consumer perspective) program threatened by the RCT.
What is an RRM case?
The concept of an RRM proceeding emerged as a three-year experimental substitute for GRIP
cases as part of the settlement of Atmos Mid-Tex’s 2007 system-wide rate case. In 2003, the Texas
Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to the Gas Utility
Regulatory Act. While not identified as such in the law, § 104.301 was referred to as the Gas
Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas companies to recover
changes to invested capital without a review of whether increased revenues or declining expenses offset
the invested capital costs. Both Atmos Pipeline and Atmos Mid-Tex filed GRIP cases as soon as the
RCT adopted rules to implement the interim adjustments. As explained below, it quickly became
apparent that the GRIP adjustments were terrible public policy.
As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in 2007 to
establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all portions of
Mid-Tex’s cost of service. It fixed an authorized rate of return on equity for the three-year period at
9.6% (which was less than what the RCT would have authorized) and set caps on the extent to which
expenses or investments could increase from one year to the next. More importantly, it allowed Cities
to make a comprehensive evaluation of all aspects of the utility’s business—investment, operation and
maintenance expenses, and revenues—unlike GRIP that only allows consideration of changes to
invested capital.
2557/28/7898547 3
Why is RRM superior to GRIP?
GRIP cases guarantee a one-sided, rubber-stamp approval of the utility’s rate request. ACSC
attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline and Atmos
Mid-Tex at the RCT. Not only were Cities’ motions to intervene denied, but also, ACSC’s comments
were ignored. At the City level, ACSC consultants determined that Atmos was not only including
items such as artwork, chairs, computers, and meals in interim rate adjustments that were allegedly
intended to promote pipeline safety, but the Company was also over-earning its previously authorized
rate of return. ACSC attacked the Commission’s rule in court because it denied City participation,
denied a hearing on a contested matter, and denied Cities’ recovery of any expenses associated with
resisting GRIP rate increases. The courts were not helpful to Cities. In 2011, the Texas Supreme Court
upheld the Commission’s rule implementing the GRIP statute.
Cities have contended that the GRIP process is terrible public policy since it authorizes what
would, from the perspective of a history of public interest regulation, be regarded as unlawful—
piecemeal ratemaking. GRIP allows rates to increase if the utility’s invested capital net of depreciation
increases year-over-year. An increase in rates is mandated under GRIP if investment increases, even
if increasing revenues and declining expenses more than offset the costs associated with increased
investment.
The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by providing
for a comprehensive review of Atmos’ expenses and revenues. Furthermore, the RRM process
benefitted ACSC by: (1) allowing Cities’ participation that would be denied under GRIP; (2) allowing
Cities to recover, at utility shareholders’ expense, all their ratemaking costs; and (3) avoiding both
litigation and RCT jurisdiction.
The legislature has functionally authorized annual increases in gas utility rates through the
GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to have
Cities participate in the comprehensive RRM process than be unable to participate in a piecemeal
process.
What has been the history of the RRM efforts?
A total of eleven RRM filings have been made by the Company. These filings all resulted in
settlements at the City level, except for the 2014 filing, which the ACSC Cities denied. The Company
appealed the denial to the RCT, and ACSC was ultimately able to settle that proceeding before it
reached the stage of a final RCT order. The results of these filings from a system-wide perspective are
as follows (continued on next page):
RRM Filing Year Atmos Request ACSC Settlement
#12008$33.5 million $20 million
#22009$20.2 million $2.6 million
#32010$70.2 million $27 million
#42011$15.7 million $6.6 million
#52013$22.7 million $16.6 million
#62014$45.7 million $43.8 million
#72015 $28.8 million $22.8 million
#82016 $35.4 million $29.6 million
#9201757.4 million $48 million
2557/28/7898547 4
RRM Filing Year Atmos Request ACSC Settlement
#10 2018 $27.4 million $24.9 million
#11 2019 $54 million $35.4 million
Unable to reach agreement to perpetuate the original RRM terms, Atmos filed a traditional rate case
with Cities in 2012 (GUD No. 10170), which was then appealed to the Railroad Commission. A final
order in that case was entered in December 2012. The ratemaking decisions of the Commission then
became the basis of renewal negotiations on the RRM process. The renewed RRM included some
modifications that enhanced the original RRM process. Among these modifications were:
A limit on the percentage of increase to be included in the monthly customer charge;
A prohibition against capital post-test year adjustments;
A time limit for known and measurable adjustments to operating and maintenance
expenses;
A guaranteed reduction in the Company’s requested increase of at least $3 million
annually; and
A limitation on the amount of equity in the Company’s capital structure.
Changes to the RRM process
As noted in a communication to ACSC in May 2017, the rate of return on equity (“ROE”)
embedded in the RRM process between 2013 and 2017 of 10.5% is excessive by at least 100 basis
points, based upon a reasonable rate of return that reflects the market conditions in which the Company,
and its parent Atmos Energy, operates. Because this ROE cannot be altered except by (1) changing
the terms of the RRM tariff, or (2) a Commission order coming out of a new rate case, ACSC informed
the Company that the 2017 RRM will be the last filing by the Company under the current tariff. Atmos
agreed to renegotiate the terms and conditions of a revised RRM tariff in 2017.
In February and March 2018, ACSC adopted a new RRM tariff ordinance that implemented
new procedures and criteria for the RRM process. The revised RRM tariff reduced the allowed ROE
from 10.5% to 9.8% and captured the reduced federal income tax rate of 21%. The new tariff expanded
Cities’ review period from three months to five months. It also required Atmos Mid-Tex to accept
ACSC’s position regarding incentive compensation related to Atmos’ Shared Services Unit. The 2019
RRM filing is the second under the new tariff.
When must Cities approve new rates?
ACSC’s Tariff Ordinance adopted around March 2018 declares that new rates become
st
effective October 1of each year. While it is preferable that ordinances or resolutions adopting new
tariffs are passed before the end of September, there is no adverse consequence if final action cannot
take place until sometime in October. The only thing that will frustrate new rates becoming effective
on October 1, 2019 is City action that specifically denies the increase.
2557/28/7898547 5
What would happen if a City Council denies the RRM rate increase?
Atmos would either appeal the denial to the Railroad Commission or initiate imposition of
GRIP rates or both. Rates for residents of that City would be higher than rates of other ACSC member
residents. Rate case expenses (both the City and Company) associated with litigation at the Railroad
Commission would likely be surcharged back to the City that denied the increase.
If you have other questions please contact me at (512) 322-5875 and/or gmg@lglawfirm.com,
or Georgia Crump at (512) 322-5832 and/or gcrump@lglawfirm.com.
Geoffrey Gay
ACSC, General Counsel
2557/28/7898547 6
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MEMORANDUM
To: Mayor and City Council
From: Alex Hargis, Arts Center Managing Director
Via: Brad Reid, Director of Parks and Recreation
Date: September 24, 2019
Reference: Consider approval of the purchase of two pianos from Collora Pianos of Dallas, in the
amount of $67,565.00, as provided for in FY 19-20 CRDC funds for the Coppell Arts
Center; and authorizing the City Manager to sign any necessary documents
2030: Community Wellness and Enrichment:
Community Gathering Places
Expanding Cultural Arts Amenities and Opportunities
Excellent City Services with High Level of Customer Satisfaction
Introduction:
The Coppell Arts Center will require equipment purchases in its first year of operation that are in
addition to the theatrical systems and FF&E planned in the project scope and budget. One of those
equipment purchases is the set of performance pianos needed for live music productions. The
Center and its resident companies, Theatre Coppell, Coppell Chorale, the Coppell Community
Orchestra, and the Texas Ballet Ensemble will require three different types of pianos for daily
operation, which includes (1) concert grand piano, (1) upright rehearsal piano, and (1) digital
keyboard with weighted keys for portable performances and community rentals. Staff is requesting
the approval to purchase the concert grand piano and the upright rehearsal piano for $67,565 from
Collora Piano in Dallas. The cost of these pianos has been allocated in the FY19/20 Arts Center
budget.
Analysis:
o Piano brands, quality, and cost have a wide range. The higher-end brands found in
concert halls like the Meyerson Symphony Center include Bosendorfer and Steinway
and can range in cost from $150,000-$250,000.
o The recommended concert grand piano is a 2007 K280 Concert Grand Schimmel, a
used unit that was played for showroom showcases only. The quality of the piano
was tested and approved by a current pianist for the Dallas Symphony Orchestra.
1
The cost of this piano new and at retail would be $125,000. Collora Piano is selling
the unit used to the City at $60,000.
o Because pianos of this caliber are handcrafted, this unit qualifies as a sole sourced
item which is supported with the proper documentation that has been reviewed and
o Piano Collora has agreed to store the pianos for the City until construction of the
Arts Center has been completed. The vendor has provided all necessary insurance
coverage for the pianos while they are in storage.
Legal Review:
Agenda item does not require legal review.
Fiscal Impact:
The cost of the pianos has been allocated in the FY19/20 Arts Center budget.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
2
MEMORANDUM
To: Jessica Carpenter, Assistant Director of Recreation
From: Alex Hargis, Arts Center Managing Director
Date: September 16, 2019
Reference: Coppell Arts Center Schimmel piano sole source documentation
Introduction:
We are budgeted to purchase three pianos for the Arts Center next year. The pianos will be a
concert grand, an upright and an electronic keyboard. The performance pianos (the concert grand
and upright) need to meet the standards of the venue and the performers who will use it. We have
engaged the services of a Dallas Symphony Orchestra concert pianist to preview the Center and
assist with the search for a quality instrument at a good price. After testing several models, the
search narrowed to a lightly used Schimmel concert grand and a new Schimmel upright being
offered for sale at Collora-Dallas, a local supplier of concert grand pianos.
Concert grade pianos from notable manufacturers such as Schimmel, Steinway, Fazioli, and similar
companies are handmade and cannot be reproduced. For this reason, these pianos qualify as a sole
source purchase. Documentation to verify the sole source properties of the pianos has been provided
by the vendor, Collora Piano Dallas, and reviewed and accepted by Charles Ellis, the procurement
manager in Finance. It is rare to find pianos of this quality still in excellent condition after being in
use for a few years. The concert grand piano was only used as a showcase piano, so it has minimal
wear-and-tear.
I anticipate that we need to move forward in haste with this purchase as Collora-Dallas will
continue to search for a buyer if we cannot guarantee our procurement. The concert grand piano has
been offered for $60,000.00 and the upright for $6,200.00. There will be a modest additional fee for
covers, dolly and delivery of both units.
1
Schimmel Piano Corporation
Head Office
329 North New Street
Lititz, PA 17543
USA
Phone +800 426-3205
Fax +717 626-0657
January 1, 2019
schimmel@ptd.net
www.schimmel-piano.de
Sole Source Provider
This letter is to confirm that, as the present time, Collora Piano in Dallas TX is the
sole source of Schimmel Pianos (including Wilhelm and Fridolin Schimmel) in the
state of Texas.
Schimmel piano products are currently a sole source product sold and distributed
exclusively by Collora Piano. Schimmel products may only be purchased from
Collora Piano Company by institutions in Texas because Collora Piano is the sole
authorized and appointed dealer as specified in our Dealer Agreement with Collora
Piano. There are no other agents or dealers authorized to represent or sell this
product in this area.
(317) 849-8310
at any time. Thank you for your interest in our products.
Sincerely,
Rob Slayman
Vice President,
Director of Marketing and Sales
North America
Schimmel Piano Corporation
Sales and Marketing Office
PO Box 501361
Indianapolis IN 46250
(317) 849-8310
(317) 849-8322 FAX
Mr. Phil Gibbs
Collora Piano
1451 Wycliff Ave
Dallas Texas 75207
RE: K280 #360.411 July 20, 2019
Dear Phil,
The Schimmel concert grand referenced above, which you now have was used as a demo model in
Germany after being manufactured in 2007. It was shipped from the factory to the U.S. on August 29, 2012
and has been on demo here since that time. As such, the buyer of this instrument will get the new
Schimmel warranty.
Let me know if you need additional information.
Best regards,
Rob Slayman
Vice President
Director of marketing and Sales, North America
Collora Piano
1451 Wycliff Ave. Phone: 214-351-6636
Dallas, Texas 75207 Fax: 214-951-7374
SALES INVOICE
SOLD TO: DELIVER TO:
NAME: The City Of Coppell NAME:
ADDRESS: 255 Parkway Blvd. ADDRESS:
CITY: Coppell CITY:
STATE: TX ZIP: 75019 STATE: ZIP:
PHONE: 972-462-5105 MOBILE: PHONE: MOBILE:
DATE SALES PERSON SHIP VIA DELIVERY DATE DELIVERY TIME
August 9, 2019 Phil Gibbs TBD TBD
QUANTITY DESCRIPTION UNIT PRICE TOTAL PRICE
One New Schimmel K280 Concert Grand #360411 $60,000.00
10 Year Manufacturers Warranty
One New Fridolin F121 Upright Piano #090920 $6,250.00
10 Year Warranty
One Complimentary on-site tuning each piano $0.00
One Cover for concert grand $385.00
One upright dolly $480.00
DELIVERY $450.00
Comments: Funding will be at the start of the new fiscal year which SUBTOTAL $67,565.00
begins Oct. 1, 2019. Collora Piano will store both pianos at no charge TAX exempt
until the facility is readyApril-May 2020. TOTAL $67,565.00
DOWNPAYMENT
BALANCE
Sales
www.ColloraPiano.com
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MEMORANDUM
To: Mayor and City Council
From:
Molly Bujanda, Community Programs Manager
Via:
Brad Reid, Director of Parks and Recreation
Date:
September 24, 2019
Reference: Consider approval of reauthorizing the Coppell Community Garden Management
Agreement in the amount of $100,000.00; and authorizing the City Manager to
execute 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 2019-
20 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 three 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
1
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:
Review was completed by legal counsel
Fiscal Impact:
The City of Coppell currently provides $25,000 quarterly to the Coppell Community Garden
Corporation. The Management Agreement is established at $100,000.00 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.
2
EXECUTEDthis _______ day of _____________________, 2019.
C ITY OF C OPPELL,T EXAS
By: ________________________________
Mike Land, City Manager
A TTEST:
By: _________________________________
Christel Pettinos, City Secretary
A PPROVED AS TO F ORM:
___________________________
Robert E. Hager, City Attorney
EXECUTEDthis _______ day of _____________________, 2019.
C OPPELL C OMMUNITY G ARDEN C ORPORATION
By: ___________________________________
Lynne Messina,CCGC Board President
A TTEST:
By: _____________________________________
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MEMORANDUM
To: Mayor and City Council
From: Christa Christian, Facilities Manager
Kent Collins, P.E., Director Public Works
Date: September 24, 2019
Reference: Holiday Lights Program
2030: Sense of Community, Goal 2
Successful Community Events and Festivals
Community Wellness and Enrichment, Goal 1
Community Gathering Places
Sustainable City Government, Goal 3
Excellent and Well-Maintained City Infrastructure and Facilities
General Information:
RFP #0168 for Holiday Lights Program Opened August 27, 2019
Contract includes a turn-
Five proposals received (bid tabulation attached)
Contract term is effective October 1, 2019 for a two-year term, with options to renew 3
additional one-year terms
Introduction:
This agenda item is being presented to consider approval of awarding RFP #0168 for the Holiday
Lights Program to Premier Lighting Enterprises, LLC. in the amount of $147,085.00 as budgeted in
the General Fund; and authorizing the City Manager to sign any necessary documents.
Analysis:
The Holiday Lights Program is an annual city sponsored Special Event, which proves our dedicated
commitment to the citizens to provide continuous opportunities for building community. The
P
holiday trees in front of Town Center and in Old Town as well as numerous photo opportunities
1
around town. In addition, the Program will include the decorating of several monuments and bridges
for the
The Holiday Lights Program was bid as a Request for Proposal (RFP). This process allows the City
to award to the most responsive, responsible offeror whose proposal is the most satisfactory and
advantageous to the City based on the factors set forth in the RFP. The evaluation criteria were
discussed during a mandatory pre-bid on August 20, 2019 and included Cost 35 points, Method of
Approach and Creative Designs 30 points, Firm and Personnel Qualifications 15 points, Safety
10 Points, and References
meeting as well as the opportunity for interview and presentation before a Best and Final Offer is
submitted.
An evaluation team of four City employees participated in the scoring and recommendation for this
program, and included representatives from Public Works, Community Development and the City
Managers Office. The vision for the Program this year includes a turnkey solution where all City
facilities rooflines are lit in warm, white and red lights.
while keeping a traditional look. Wreaths and sprays will also be used to decorate the facilities,
monuments and bridges. Previously, the program included five to six photo opportunities around
town, which have developed into a family friendly scavenger hunt to take pictures with all the props.
This year, the Program will have up to fifteen props. All decorations will be new.
Request for Proposal #0168 for the Holiday Lights Program opened on August 27, 2019. There were
five (5) proposals received. The evaluation team was clear that the vision was to keep an elegant and
time-honored look for the program characteristic to the City. After reviewing all the proposals, the
team invited two offerors to present their ideas, bring examples of materials proposed and finally,
submit a Best and Final Offer (BAFO).
Facilities staff conducted the reference checks on each offeror. Using the evaluation criteria
established, the team assigned points for each bidder. After evaluating the scores assigned, the team
recommended Premier Lighting Enterprises, LLC as the successful offeror for this project in the
amount of $147,085.00. They received the highest total points and are within the anticipated budgeted
amount. Premier Lighting will deliver the exceptional service and end product that meet and exceed
the expectations of not only our employees, but citizens who frequent our facilities.
Legal Review:
N/A
Fiscal Impact:
The fiscal impact of this Agenda item is $147,085.00; as budgeted in the FY 2019-20 general fund
budget.
Recommendation:
The Public Works Department recommends approval of this contract.
REQUEST FOR PROPOSAL
INSTRUCTIONS/TERMS OF CONTRACT
SPECIFICATIONS
FOR
RFP #168 - HOLIDAY LIGHTS PROGRAM
PER
THE CITY OF COPPELL SPECIFICATIONS
AT
THE CITY OF COPPELL
TOWN CENTER
PROCUREMENT SERVICES DEPARTMENT
OPENING DATE: TUESDAY, AUGUST 27, 2019 10:00 a.m., CENTRAL TIME
C ITY OF COPPELL SVC. DEPARTMENT PARKWAY BOULEVARD , TEXAS 75019 Page 1
RFP #168 HOLIDAY LIGHTS PROGRAM
REQUEST FOR PROPOSAL
Return Proposal To: City of Coppell
Procurement Services Department
255 Parkway Blvd.
Coppell, Texas 75019
The enclosed Request for Proposal are for your convenience in bidding the enclosed referenced products
and/or services for the City of Coppell. Sealed proposals shall be received no later than: TUESDAY,
AUGUST 27, 2019, 10:00 a.m., Central Time.
MANDATORY PRE-PROPOSAL MEETING
The City of Coppell will have a mandatory pre-bid conference Tuesday, August 20, 2019, 10:00 a.m. at: 255
Parkway Blvd. Coppell, TX 75019
Please reference RFP #168 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 Procurement Services
Department.
The City of Coppell appreciates your time and effort in preparing a proposal. Please note that all proposals
must be received at the designated location by the deadline shown. Proposals received after the deadline
will be returned unopened and shall be considered void and unacceptable. Proposal opening is scheduled
to be held in the Office of the Chief Procurement Officer, 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.
CITY O SVC. DEPARTMENT PARKWAY BOULEVARD , TEXAS 75019 Page 2
RFP #168 HOLIDAY LIGHTS PROGRAM
Awards should be made approximately three weeks following the proposal opening date. To obtain results,
or if you have any questions, please contact the Procurement Department at 972-304-3698.
CITY O SVC. DEPARTMENT PARKWAY BOULEVARD , TEXAS 75019 Page 3
RFP #168 HOLIDAY LIGHTS PROGRAM
REQUEST FOR PROPOSAL
INSTRUCTIONS/TERMS OF CONTRACT
RFP #168
By order of the City Council of the City of Coppell, Texas, sealed proposals will be received for:
HOLIDAY LIGHTS PROGRAM
TO PROVIDE for a two (2) year Contract commencing within thirty (30) days after the date of the
award and continuing for a twenty-four (24) month period. The City of Coppell, reserves the right
to extend this contract for three (3) 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.
PROPOSALS MUST BE submitted on the pricing forms included for that purpose in this packet.
Each proposal 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 OR EMAIL TRANSMITTALS SHALL NOT BE
ACCEPTED!
SUBMISSION OF PROPOSALS: Sealed proposals shall be submitted no later than 10:00
a.m., Tuesday, August 27, 2019, the address as follows:
City of Coppell
Procurement Services Department
255 Parkway Blvd.
Coppell, Texas 75019
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 4
RFP #168 HOLIDAY LIGHTS PROGRAM
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 Kori Allen, ADA
Coordinator or another designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-
735-2989).
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 5
RFP #168 HOLIDAY LIGHTS PROGRAM
City of Coppell
RFP #168 HOLIDAY LIGHTS PROGRAM
Closing Date & Time: Tuesday, August 27, 2019 @ 10:00 a.m.
(Central Time)
Solicitation Schedule Dates
RFP Issued Friday, August 9, 2019
Pre-Proposal Conference (Mandatory) 10:00 a.m., Tuesday, August 20, 2019
Voluntary site visit to follow
Deadline for Questions 5:00 p.m., Friday, August 23, 2019
Sealed Proposals Due to the City 10:00 a.m., Tuesday, August 27, 2019
*Presentations Week of September 3, 2019
*Contract Award/Proposed Council Approval Tuesday, September 24, 2019
*Start Implementation October 7, 2019
*Estimate
The dates BEFORE RFP opening are firm unless changed through an
Addendum. Dates after RFP opening are proposed dates and the City reserves
changes in the response due date would be posted on Bidsync.com.
All times and dates are Central Standard Time.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 6
RFP #168 HOLIDAY LIGHTS PROGRAM
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: Proposals received in the City of Coppell Procurement Services 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
Procurement Services Department shall be the official time of receipt.
ALTERING BIDS: Proposals 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 proposal 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 proposals, 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. 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 taes
in a timely manner.
BID AWARD: The City reserves the right to award any combination of the six areas as is deemed
in the best interest of the City. The City also reserves the right to not award one or none of the
areas.
CONTRACT: This proposal, 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.
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 Chief Procurement Officer.
IF DURING THE
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
Railroad Commission rates, Wage/Labor rates, etc.).
Contracts at the proposal price will be an important consideration in the evaluation of the lowest
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 7
RFP #168 HOLIDAY LIGHTS PROGRAM
and best proposal. 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 C
designated location. Failure to state delivery time may cause bid to be rejected. Successful
Bidder shall notify the Procurement Services 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 Procurement Services 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 Questionnair
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
th
not later than the 7 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 proposal meeting the intent of this Request for Proposal
will be considered for award. Bidders taking exception to the Specifications, or offering
substitutions, shall state these exceptions in the section provided or by attachment as part of the
bid. In the absence of such, a list shall 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 this Request for Proposal will be made
by addenda. Sole issuing authority of addenda shall be vested in the City of Coppell Procurement
Services department. Bidders shall acknowledge receipt of all addenda.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 8
RFP #168 HOLIDAY LIGHTS PROGRAM
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 Chief
Procurement Officer. 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 Request for Proposal, 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 proposal, all documentation required by this Request for
Proposal. Failure to provide this information may result in rejection of proposal
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 9
RFP #168 HOLIDAY LIGHTS PROGRAM
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.
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:
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 10
RFP #168 HOLIDAY LIGHTS PROGRAM
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.
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 Procurement Services 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.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 11
RFP #168 HOLIDAY LIGHTS PROGRAM
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, etc.
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 Facilities Department, 255 Parkway Blvd.,
Coppell, Texas 75019, or emailed to Halie Hernandez, hhernandez@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.
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).
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 12
RFP #168 HOLIDAY LIGHTS PROGRAM
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
y
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 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 Request for Proposal should be directed to the Procurement
Services Department at 972-304-3698.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 13
RFP #168 HOLIDAY LIGHTS PROGRAM
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 this
contract (piggyback). Each entity wishing to piggyback 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
PIGGYBACK OFF THIS CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND
CONDITIONS?
__________YES __________NO
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 14
RFP #168 HOLIDAY LIGHTS PROGRAM
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.)
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 15
RFP #168 HOLIDAY LIGHTS PROGRAM
IMPLEMENTATION OF HOUSE BILL 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that a governmental entity or state agency may
not enter into certain contracts with a business entity unless the business entity submits
a disclosure of interested parties to the governmental entity or state agency at the time
the business entity submits the signed contract to the governmental entity or state
agency. The law applies only to a contract of a governmental entity or state agency that
either (1) requires an action or vote by the governing body of the entity or agency before
the contract may be signed or (2) has a value of at least $1 million. The disclosure
requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that
law, prescribe the disclosure of interested parties form, and post a copy of the form on
ies
form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter
46) on November 30, 2015, to implement the law. The commission does not have any
additional authority to enforce or interpret House Bill 1295.
The form may be obtained and completed at
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
*Please note that this form only has to be completed once the contract is awarded
and before contract is executed.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 16
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RFP #168 HOLIDAY LIGHTS PROGRAM
RFP #168
HOLIDAY LIGHTS PROGRAM
(CONFLICT OF INTEREST)
FOUR COPIES AND ONE DIGITAL MUST BE RETURNED TO THE PROCUREMENT
SERVICES DEPARTMENT NO LATER THAN 10:00 a.m., CENTRAL TIME, TUESDAY, AUGUST 27, 2019.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 17
RFP #168 HOLIDAY LIGHTS PROGRAM
STATEMENT OF WORK
BACKGROUND
Conveniently located in the center of the Dallas/Ft. Worth Metroplex, Coppell is described as a
beautiful, quiet and safe city. Attractive and consistently maintained corridors, streets, alleys, and
streetscapes add value to the community. It is our desire that you will visually know when you
are entering and exiting Coppell. We thrive on our dedicated commitment to the citizens to
provide continuous opportunities for building community throughout the year. Through the annual
city sponsored Special Events, we are able to provide such an experience for the community.
Every December, the City hosts a Lighted Parade and Tree Lighting Ceremony which officially
kicks off the Holiday season in Coppell. The event begins with a parade in which all floats are
lighted and themed to represent the holiday spirit in Coppell. The parade ends at Andrew Brown
East where the annual Tree Lighting Ceremony takes place. This ceremony includes the official
lighting of all City facilities, buildings, and trees. Excellent city services, outstanding parks and
facilities, safe neighborhoods, strong churches, and exemplary schools all provide for a high
quality lifestyle and sense of community. It is our desire to maintain this standard of quality
visually through the Holiday lights and decorations. Therefore, the City of Coppell is seeking a
highly qualified and reputable holiday lights and décor vendor to install, maintain, and take down
all city facility lights as well as, design and decorate the inside of Town Center.
SECTION 1 - SPECIFICATIONS
1.1 INTRODUCTION
1.1.1 The City of Coppell invites sealed proposals from qualified vendors to provide a
turn- holiday light program. The Program may include
but is not limited to holiday lights and decoration, artistic projections and other
entertainment elements as agreed upon between Contractor and City throughout
specified areas of the City.
1.1.2 Contractors shall be responsible for design, installation, maintenance, removal,
packaging, storage and transport of seasonal lighting and non-lighted decorations.
1.1.3 Services provided by Contractor include materials, labor, supplies, equipment,
tools, transportation and other items necessary for installation and execution of the
Program.
1.2 SCOPE
1.2.1 The City of Coppell desires to utilize the uniqueness of its parks and facilities to
create a dramatic holiday light display that will decorate and benefit the community
during the holiday season.
1.3 LIGHTING AND DECORATIONS PLAN
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 18
RFP #168 HOLIDAY LIGHTS PROGRAM
1.3.1 The City has identified three areas to be decorated with several optional areas.
City Council has budgeted $150,000.00 for this project. The City shall make the
final determination on specific areas to be decorated each year. Please provide a
lighting and design plan for each area listed below and detail what will be provided
within the budgeted amount.
1.3.2 AREA ONE Facilities
- Cozby Library and Community Commons 177 N. Heartz Road
- The CORE 234 E. Parkway Blvd.
- Grapevine Springs Community and Senior Center 345 W. Bethel Road
- Wagon Wheel Tennis Center 950 Creekview Dr.
- Fire Station #1 520 Southwestern Blvd.
- Fire Station #2 366 S. MacArthur Blvd.
- Fire Station #3 133 E. Parkway Blvd.
- Biodiversity Education Center 367 Freeport Parkway
- Justice Center 130 Town Center Blvd.
- Town Center Business Park - 265 E. Parkway Blvd
- Andrew Brown East 260 Parkway Blvd
o Grand Pavilion
o Restroom Building
o Phillips Pavilion
- Service Center- 816. S Coppell Road
- Animal Shelter and Adoption Center- 821 S. Coppell Road
- Old Fire Administration 500 Southwestern Blvd
- Life Safety Park 820 S. Coppell Rd.
- Rolling Oaks Columbarium and Pavilion 400 S. Freeport Pkwy
- Town Center 255 Parkway Blvd.
*The facilities listed consist of a minimum of building lights.
1.3.3 AREA TWO Town Center 255 Parkway Blvd. (Front, Back, Interior)
- FRONT of Town Center:
Area decorated consists of numerous trees in front of Town Center
with power run to the base of most trees.
or larger) to stage
directly in front of Town Center, including lights and decorations for
the tree.
Install six (6) City owned lit wreaths.
Decorate front and rear columns.
- INTERIOR of Town Center:
In the past, the city has decorated the atrium with three artificial
trees; a nine (9), a twelve (12) and a fifteen (15) foot tree decorated
with lights, ornaments, bows, and sprays to create a holiday theme.
Wreaths, garland, and swags were also used to decorate the stair
railing and other open areas. These items are available to use.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 19
RFP #168 HOLIDAY LIGHTS PROGRAM
1.3.4 AREA THREE Andrew Brown East 260 E. Parkway Blvd.
- Grand Pavilion, Phillips Pavilion and Restroom Structure
Lighted Parade & Tree Lighting Ceremony event area
The City hosts an annual tree lighting event in this area. The City
is looking for proposals from potential contractors to provide the
number and design of trees decorated based on what would provide
the best appearance for the event.
Area decorated consists of numerous trees with power ran to the
base of some trees.
One artificial Christmas tree (minimum 30
included and set up in the park.
1.3.5 AREA FOUR Old Town Coppell 768 W. Main St.
- Pavilion & Square
Area decorated includes numerous trees with power source at
each.
- Light Poles existing garland and bows, available for use, but also open to
suggestions
- Banners Installation only
- Live tree, at Pavilion
- Windmill (in Old Town) 700 Block of S. Coppell Road
- Restroom Facility Old Town- 768 W. Main Street
- Kirkland House 700 Block of S. Coppell Road
- Old Minyards 431 W. Bethel Rd
1.3.6 AREA FIVE- Photo Opportunities
1. Photo opportunities Provide five (5) areas for outdoor photo
opportunities in TBD areas within the City. Can consist of backdrop or
other Holiday décor props.
1.3.7 AREA SIX - Monuments
1. The decorating of six (6) monuments entering Coppell, located at:
a. East Beltline
b. North Denton Tap
c. West Bethel Road
d. East and West Sandy Lake
e. North Freeport Pkwy (at 121)
1.3.8 AREA SEVEN - Bridges
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 20
RFP #168 HOLIDAY LIGHTS PROGRAM
1. Lighting and/or decorating bridges in Coppell located at:
STREET LOCATION LENGTH
(LF)
FREEPORT PKWY EAST SIDE OF BRIDGE 220
FREEPORT PKWY WEST SIDE OF BRIDGE 440
N COPPELL RD EAST SIDE OF COPPELL, JUST NORTH 49
OF BETHEL
N COPPELL RD WEST SIDE OF COPPELL, JUST NORTH 49
OF BETHEL
N DENTON TAP RD NB OVER COTTONWOOD CREEK 92
N DENTON TAP RD NB OVER DENTON CREEK, INSIDE 312
RAILING
N DENTON TAP RD NB OVER DENTON CREEK, OUTSIDE 234
RAILING
N DENTON TAP RD SB OVER COTTONWOOD CREEK 91
N DENTON TAP RD SB OVER DENTON CREEK 233
N MACARTHUR BLVD OVER NORTHBOUND, EAST SIDE 266
DENTON CREEK
N MACARTHUR BLVD OVER SOUTHBOUND, WEST SIDE 266
DENTON CREEK
S DENTON TAP RD NB OVER GRAPEVINE CREEK 673
S DENTON TAP RD SB OVER GRAPEVINE CREEK 224
S MACARTHUR BLVD NORTHBOUND OVER GRAPEVINE 284
CREEK, EAST SIDE
S MACARTHUR BLVD NORTHBOUND OVER GRAPEVINE 290
CREEK, WEST SIDE
S MACARTHUR BLVD SOUTHBOUND OVER GRAPEVINE 293
CREEK, EAST SIDE
S MACARTHUR BLVD SOUTHBOUND OVER GRAPEVINE 299
CREEK, WEST SIDE
S MOORE RD BRIDGE OVER GRAPEVINE CREEK, 195
EAST SIDE
S MOORE RD BRIDGE OVER GRAPEVINE CREEK, 195
WEST SIDE
W BETHEL RD N SIDE E OF LOCH LN 58
W BETHEL RD N SIDE OF W BETHEL RD OVER 160
GRAPEVINE CREEK
W BETHEL RD S SIDE E OF LOCH LN 69
W BETHEL RD S SIDE OF W BETHEL RD OVER 155
GRAPEVINE CREEK
W SANDY LAKE RD NB OVER COTTONWOOD CREEK 197
W SANDY LAKE RD SB OVER COTTONWOOD CREEK, 192
INSIDE RAILING
W SANDY LAKE RD SB OVER COTTONWOOD CREEK, 198
OUTSIDE RAILING
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 21
RFP #168 HOLIDAY LIGHTS PROGRAM
TOTAL 5733
1.4 WORK DESCRIPTIONS
1.4.1 Contractor shall provide the design of all areas prior to installation dates unless
earlier date is required for discounted ordering. These shall include, but are not
limited to:
1.4.1.1 Conceptual drawing indicating which trees will have featured
lighting to produce the most dramatic effect
1.4.1.2 Style of décor and lights and decoration of trees
1.4.1.3 Number of strands needed and types of decorations to be used
1.4.1.4 Safety plan
1.4.1.5 Methods of installation in relation to plan and type of tree
1.4.1.6 Tree trimming and pruning requirements requested of the City
1.4.1.7 Installation and removal timeframe
The City is looking for a traditional, yet creative, holiday design. The design
for each area may be different from year to year.
1.4.2 Contractor shall submit a design plan for confirmed areas to be decorated.
Design plan will reflect directions noted in this RFP for each area.
Contractor shall identify the following:
- Number of trees to be decorated
- Estimated number of strands based on tree height
- Creative approach utilized, for example, color usage when allowed, new
technology being used, orientation of strands, additional decorations for
purchase, etc.
- Examples of design approach for different types of trees
1.5 WORK DESCRIPTION INSTALLATION
1.5.1 Lighting shall be installed, tested and fully operational by 6:00 p.m. on
the Thursday prior to Thanksgiving. Contractor shall have all lights installed by
the specified deadline.
1.5.2 The Contractor shall provide automatic timers for lights and displays except
where City personnel turn lights on and off. Timers are to be turned on and set
from 5:00 pm to 10:00 pm.
1.5.3 The Contractor
1.6 WORK DESCRIPTION MAINTENANCE
1.6.1 Contractor shall be responsible for all related maintenance to ensure the
display is operating as intended.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 22
RFP #168 HOLIDAY LIGHTS PROGRAM
1.6.2 Contractor shall maintain display from the Friday prior to Thanksgiving Day
through the first Monday in January. The display is to be set and turned on daily
from 5:00 pm to 10:00 pm.
1.6.3 The Contractor must have personnel available to guarantee next day
service, including weekends, for repair or replacement of damaged lights and
decorations. The Contractor must respond to the designated City contact within 24
hours of call and be on-site within that time for service. Contractor guarantees next-
day service for any damage or repair for the duration of the specified display
period.
1.6.4 -day service to repair and replace damaged lights and
extension cords shall be for any reason including, but not limited to, damage from
vandalism, weather or other acts of God, from the first day of installation to until
the last Friday in January.
1.6.5 Labor charges for inspection, repair or replacement of lights as necessary,
as well as emergency call out service for repair of any damaged or vandalized
lights shall be included in the basic proposal for all work under the proposal.
1.6.6 The City shall pay the cost of necessary replacement light and extension
cords due to vandalism at the costs indicated on the Price Sheet. Contractor shall
repair or replace lights at no cost to the City for light and extension cords that
1.6.7 Contractor shall be on-site at the event on the first Saturday in
December to ensure the tree lighting ceremony works properly.
1.7 WORK DESCRIPTION REMOVAL AND STORAGE
1.7.1 Contractor shall begin removal of lights displays no later than the
second Monday in January. The Contractor shall complete the removal of all
installed lights no later than the last Friday in January. It is assumed that light
strings are removed out of trees each year. Contractor is responsible for disposal
of debris and will leave the areas clean and free of debris.
1.7.2 Contractor is responsible to provide storage for lighting during the terms of
the Agreement. All lighting will remain the property of the Contractor.
1.8 COMPENSATION
1.8.1 Contractor shall provide all design and labor services, products and
materials under this Agreement for a not-to-exceed amount of $150,000.00. The
City shall pay the Contractor 50% of the project cost as a deposit, 25% at time of
installation, and the remaining 25% at completion of takedown.
1.9 TIME
1.9.1 The parties acknowledge that time is of the essence in the performance
of the terms of this Contract
1.10 LIQUIDATED DAMAGES
The Contractor shall pay the Owner the sum of $250.00 per day for each and every
calendar day of unexcused delay in achieving Substantial Completion beyond the
date set forth herein for Substantial Completion of the Work. Any sums due and
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 23
RFP #168 HOLIDAY LIGHTS PROGRAM
payable hereunder by the Contractor shall be payable, not as a penalty, but as
liquidated damages representing an estimate of delay damages likely to be
sustained by the Owner, estimated at or before the time of executing this Contract.
When the Owner reasonably believes that Substantial Completion will be
inexcusably delayed, the Owner shall be entitled, but not required, to withhold from
any amounts otherwise due the Contractor an amount then believed by the Owner
to be adequate to recover liquidated damages applicable to such delays. if and
when the Contractor overcomes the delay in achieving Substantial Completion, or
any part thereof, for which the Owner has withheld payment, the Owner shall
promptly release to the Contractor those funds withheld, but no longer applicable,
as liquidated damages.
SECTION 2 INSTRUCTION TO OFFERORS
2.1 ON-SITE INVESTIGATION
Offe
referenced in the Scope of Work prior to submitting their proposal. The Offeror shall
be responsible for examining the facility sites and comparing it with the descriptions
and specifications, to have carefully examined all of the RFP Package to have satisfied
themselves as to the conditions under which the work is to be performed before
submitting a proposal and entering into the contract. No allowance shall subsequently
be made on behalf of Offeror on account of an error on its part or its negligence or
failure to become acquainted with the conditions of the site, or surrounding areas.
2.2 RETURN OF OFFER
Four (4) hard copies and one (1) digital copy. The sections of the submittal should be
clearly identifiable and should follow the instructions noted in the Submission
Requirements section of this Request for Proposals (RFP). Failure to include the
requested information may have a negative impact on t
offer.
2.3 PREPARATION OF OFFER PACKAGE
The following items shall be completed and returned. Failure to include all of the items
may result in an offer being rejected. Offer packages shall be submitted in the following
order:
2.3.1 OFFER SHEET, Section 4.0
2.3.2 LIGHTING AND DESIGN PLAN, Section 5.0
2.3.3 PRICE SHEET, Section 6.0
2.3.4 REFERENCES
2.3.5 CONFLICT OF INTEREST FORM, COOPERATIVE PURCHASING FORM,
CERTIFICATIONS AND REPRESENTATIONS FORM
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 24
RFP #168 HOLIDAY LIGHTS PROGRAM
2.3.6 ADDENDUM, Return all addenda (if applicable)
2.3.7 SPECIFICATIONS, Section 1.0
2.3.8 SPECIAL TERMS AND CONDITIONS, Section 3.0
2.4 EVALUATION CRITERIA
The City of Coppell will evaluate proposals in terms of ability to satisfy requirements
outlined in this REQUEST FOR PROPOSAL. All scores will be based on the
determining factors listed under the Preparation of Offer section. The City may elect
to interview one or more before final decision is made.
A point evaluation system will be used to rank the proposals. The following criteria will
be used to evaluate all qualifications. The points for each criterion are listed below:
2.4.1 ..................................35 Points
2.4.2 ME
2.4.3 FIRM AND PERSONNEL QUALIFICA
2.4.4 SAFETY10 Points
2.4.5
2.5 SUBMISSION REQUIREMENTS
Offerors shall provide written narrative responses on the criteria below. When
applicable, supporting documents should be attached and reference the appropriate
criterion. Offerors, at a minimum, must submit the following:
2.5.1 QUANTITY OF DECORATION PER AREA
Offerors shall describe the quantity of work to be installed per area. Please
include proposed number of trees, buildings and strands of lights per area.
2.5.2 METHOD OF APPROACH AND CREATIVE DESIGNS
Offerors shall detail their method of handling the C
program requirements. Offerors shall demonstrate new technology and
demonstrate its capabilities to perform the contract promptly or within the
time specified by the City, without delay or interference. Offerors shall
submit photograph samples of previous or current work.
Conceptual drawings and designs of lighting plan for all Areas (Section 1.3)
shall be submitted showing:
2.5.2.1 Proposed new, unusual or unique light designs and technology.
2.5.2.2 The color scheme that highlights the creative use of color.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 25
RFP #168 HOLIDAY LIGHTS PROGRAM
2.5.2.3 The unique method of lighting trees to produce the most dramatic
effect.
2.5.2.4 The estimated number of light strings to complete the design in
these Areas
2.5.3 FIRM AND PERSONNEL QUALIFICATIONS & EXPERIENCE
in business and history of demonstrated competence. Include information
that documents successful and reliable experience in previous
performances, especially those contracts related to the design, installation
and maintenance of a commercial light display. The following information
should be included:
2.5.3.1 Description of previous work performed of a similar size and scope
that has direct reflection on proposed project.
2.5.3.2 Identify key personnel and relevant work experience that will be
assigned to this contract. Offeror should de
knowledge and experience in undertaking similar projects in the last five
years.
2.5.3.3 If subcontractor(s) are used, Offeror shall identify the
2.5.4 REFERENCES
Offerors shall submit a minimum of three references for which the Offeror
has provided similar services of municipal installations in scope within the
last five years. References shall include the company name, contact
person and title, telephone number, email address, dates, cost and
description of project(s).
2.5.5 DESIGN AND COST City Council has budgeted $150,000 for this project.
Offerors shall complete the Lighting and Design Plan Sheet, Section 5.0
and Price Sheet, Section 6.0.
2.6 PRESENTATION
The City intends to award the contract to the most responsible and responsive
proposer and will ask the finalists to prepare a presentation further explaining previous
hts
Program.
2.7 PROPRIETARY INFORMATION
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 26
RFP #168 HOLIDAY LIGHTS PROGRAM
Offerors shall clearly mark any proprietary information contained in its bid with the
proprietary. Pricing data shall not be considered proprietary. Marking all, or nearly all,
of a bid as proprietary may result in a rejection of the bid. Offerors acknowledge that
the City is required by law to make certain records available for public inspection. In
the event that the City receives a request for disclosure of proprietary information by
any person, court, agency or administrative body, or otherwise has a reasonable belief
that it is obligated to disclose the proprietary information to any such person or
authority, the City will provide Offeror with prompt written notice so that Offeror may
seek a protective order or other appropriate remedy. The Offeror, by submission of
materials marked Proprietary Information, acknowledges and agrees that the City will
have no obligation to advocate for non-disclosure in any forum or any liability to the
Offeror in the event that the City must legally disclose the proprietary information.
2.8 ADDITIONAL INVESTIGATIONS
The City reserves the right to make such additional investigations as it deems
necessary to establish the competence and financial stability of any Offeror submitting
a proposal.
2.9 ADDITIONAL INFORMATION
The City reserves the right to secure additional information from the Offeror in various
forms and/or to award based on submitted information.
2.10 EVALUATION AND AWARD OF CONTRACT
In accordance with City Code, the contract shall be awarded to the most responsive,
responsible Offeror whose proposal is the most satisfactory and advantageous to the
City based on the factors set forth in the RFP Package. The City shall be the sole
judge as to the acceptability of the products or services offered.
Notwithstanding any other provision of the RFP Package, the City expressly reserves
the right to:
(1) Waive any immaterial defect or informality; or
(2) Reject any or all Offers, or portions thereof; or
(3) Cancel/Reissue an RFP
All responses to this RFP are offers to contract with the City and shall substantially
conform to the terms, conditions, specifications and other requirements set forth within
the text of the RFP Package. Offers do not become contracts unless and until they are
formally accepted by the City.
The City reserves the right to clarify any contractual terms with the concurrence of
Offeror, however, any substantial non-conformity in the Offer shall be deemed
nonresponsive and the Offer rejected. No alteration of any contract resulting from an
Offer may be made without the express written approval of the Purchasing Agent in
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 27
RFP #168 HOLIDAY LIGHTS PROGRAM
the form of an official contract amendment. Any attempt to alter any such contract
without such approval is a violation of the contract. Any such action is subject to legal
and contractual remedies available to the City inclusive of, but not limited to, contract
cancellation, suspension and/or debarment of the Offeror.
PLEASE NOTE: The City of Coppell will draft the contract for the Holiday Lights
Program services between the City and the successful Proposer. **No vendor
contracts will be signed by the City**
2.11 OFFER ERRORS, OMISSIONS AND CORRECTIONS
The City will not be responsible for any Offeror errors or omissions. All prices and
notations shall be written in ink or typed. Changes or corrections made on the offer
form must be initialed in ink by the individual signing the offer. No corrections will be
permitted after the offers have been opened.
2.12 WITHDRAWAL OF OFFER
At any time prior to the specified solicitation due date and time, an Offeror may formally
withdraw the offer by a written letter, facsimile or electronic mail from the Offeror or a
designated representative. Telephonic or oral withdrawals shall not be considered.
2.13 INQUIRIES
Any question(s) related to this RFP shall be directed to the Procurement Services
Department 972-304-3698. Questions should be submitted through www.bidsync.com
no later than Tuesday, August 9, 2016 at 5:00 p.m. All questions and answers will be
answered in a public forum. The City shall not
their proposal based on any oral instructions made by any employees or officers of the
City. All changes to the RFP shall be in the form of a written addendum, which shall
RFP.
The City shall not respond to any requests for information pertaining to specifications
received less than three working days (MondayFriday, excluding holidays) before the
proposal opening. Any interpretation or correction of the RFP documents shall be
made only by written addendum and a copy of each addendum shall be mailed, faxed
or delivered to all who are known to have received an RFP Package. The City shall
not be responsible for any other explanations or interpretations of the RFP Package.
SECTION 3 - TERMS AND CONDITIONS
3.1 PUBLIC RECORD
Contractor acknowledges that the City is a public agency and must comply with all
Public Records laws. All offers submitted in response to the solicitation shall become
the property of the City and, subsequent to award recommendation, become a matter
of public record available for review pursuant to Texas Public Records Law.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 28
RFP #168 HOLIDAY LIGHTS PROGRAM
If a Contractor believes that a specific section of its response is confidential, that
should be withheld from the public record, Contractor shall isolate the pages and mark
each page confidential in a specific and clearly labeled section of its Proposal
response. The Contractor shall include a written statement as to the basis for
considering the marked pages confidential including the specific harm or prejudice if
disclosed. The City Attorney will review the material and make a determination as to
the confidentiality of any of the information and/or material contained within the
Submittal. In the event of a public records request for documents Contractor deems
confidential, it shall be the
appropriate action, including legal action, to protect such documents.
3.2 PRICE
All prices quoted shall be firm and fixed for the specified contract period.
3.3 FOB DESTINATION
Quoted shall be FOB destination to: City of Coppell, Texas.
3.4 TERM OF AGREEMENT
The term of this agreement shall be for a two (2) year initial period. The successful
3.5 OPTION TO EXTEND
The City may, at its option and upon mutual written agreement with the Contractor,
extend the term of this agreement for an additional three (3) years in one (1) year
increments based on satisfactory Contractor performance. Contractor shall be notified
days prior to the expiration of the original contract period.
3.6 APPROPRIATION OF FUNDS
Proposer agrees that the funds expended for the purposes of this Agreement and any
renewal Agreement shall be appropriated by the City Council for each fiscal year within
the Agreement period. Therefore, this Agreement shall automatically terminate,
without penalty or recourse, if such funds are not appropriated for this Agreement or
any renewal Agreement. The City reserves the right to adjust the scope of work based
3.7 CHANGES OR ADDITIONS OF PRODUCTS OR SERVICES
The City reserves the right to revise or make changes within the general Specifications
as deemed necessary to best service the interest of the City. All changes shall be
documented by formal amendment to the contract.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 29
RFP #168 HOLIDAY LIGHTS PROGRAM
3.8 INSURANCE
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.
$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.
A DDITIONAL I NSURED
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.
3.9 CANCELLATION
The City reserves the right to cancel the whole or any part of the contract due to failure
of the Contractor to carry out any term, promise, or condition of the contract. The City
will issue a written ten (10) day notice of default to the Contractor for acting or failing
to act as in any of the following:
3.9.1 The Contractor provides personnel that do not meet the requirements of
the contract.
3.9.2 The Contractor fails to perform adequately the services required in the
contract.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 30
RFP #168 HOLIDAY LIGHTS PROGRAM
3.9.3 The Contractor attempts to impose on the City personnel which are of an
unacceptable quality.
3.9.4 The Contractor fails to furnish or finish the required product and/or service
within the time stipulated in the contract.
3.9.5 The Contractor fails to make progress in the performance of the
requirements of the contract and/or gives the City a positive indication that
the Contractor will not or cannot perform to the requirements of the
contract.
If the Contractor does not correct the above problem(s) within ten (10) days after
receiving the notice of default, the City may resort to any single or combination of the
following remedies:
(1) Cancel the contract;
2) Reserve all rights or claims to damage for breach of any covenants of
the contract;
(3) In case of default, the City reserves the right to purchase materials or
to complete the required work in accordance with the City Procurement
Code. The City may recover any actual excess costs from the Contractor
by:
a. Deduction from an unpaid balance;
b. Any combination of the above or any other remedies as provided
by law.
3.10 WARRANTIES
Contractor warrants that all materials, service, or construction delivered under this
contract shall conform to the specifications of this contract. Any defects of design,
workmanship, or materials that would result in non-compliance with the contract
specification shall be fully corrected by the Contractor (including labor and materials)
without additional cost to the City.
3.11 NON-DISCRIMINATION
By submitting this offer, Contractor agrees not to discriminate against any employee
or applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability. Contractor
will require any Subcontractor to be bound to the same requirements as stated within
this section. Contractor, and on behalf of any subcontractors, warrants compliance
with this section.
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 31
RFP #168 HOLIDAY LIGHTS PROGRAM
Section 4 - OFFER SHEET
4.1 OFFER
The undersigned hereby certifies that they have read, understand, and will fully and
faithfully comply with this solicitation, its attachments and any referenced documents.
The undersigned also certifies that the prices offered were independently developed
without the consultation with any of the other Offerors or potential offerors.
_____________________________ ____________________________________
Authorized Signature
_____________________________ ____________________________________
Printed Name Address
_____________________________ ____________________________________
Title City, State, Zip
_____________________________ ____________________________________
Telephone Fax Number
_____________________________ ____________________________________
Authorized Signature Email Address Date
For questions regarding this offer: (If different from above)
_____________________________ ____________________________________
Contact Name Phone Number
_____________________________
Email Address
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 32
RFP #168 HOLIDAY LIGHTS PROGRAM
SECTION 5 - LIGHTING AND DESIGN PLAN
5.1 Please include the proposed number of trees, buildings and strands of lights in each
area.
A. Lighting and Design Plan for Areas:
Area Design Plan
Area 1: Facilities
Area 2: Town Center
Area 3: Andrew Brown East
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 33
RFP #168 HOLIDAY LIGHTS PROGRAM
Area Design Plan
Area 4: Old Town Coppell
Area 5: Photo Opportunities
Area 6: Monuments
Area 7: Bridges
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 34
RFP #168 HOLIDAY LIGHTS PROGRAM
SECTION 6 PRICE SHEET
Area Cost
1. Holiday Lights Program
2. Town Center
3. Andrew Brown East
4. Old Town Coppell
5. Photo Opportunities
6. Monuments
7. Bridges
Incidentals Cost
Cost per replacement strand of lights (100
lights per strand)
Cost per replacement extension cord
Company Name: _____________________________________
Signature: __________________________________________
Date: _______________________________________________
CITY OF NT SVC. PARKWAY , TEXAS 75019 PAGE| 35
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: September 24, 2019
Reference: Consider approval of an ordinance for PD-260R2-R, Trinity River Kayak, zoning change request
from PD-260R-R (Planned Development-260-Revised-Retail) to PD-260R2-R (Planned
Development-260-Revision 2-Retail) to amend the site plan to allow for a canopy and storage
building, an accessory structure and to use the existing building as a live/work residence; by
allowing variances to the Zoning Ordinance including: allowable use and encroachment into the
required setback on 1.49 acres of property located 1601 E. Sandy Lake Road, and authorizing the
Mayor to sign.
2030: Business Prosperity
Executive Summary:
Approximately six years ago, this property was granted PD zoning to allow a convenience store and the kayak
operation subject to nine variances to the Zoning and Subdivision Ordinances. The uses allowed within the Planned
Development were changed in 2016 to a slightly modified retail district use list. These uses did not include
residential or live/work.
The original request was to allow the legalization of: the existing front yard canopy and storage building, the
storage/shipping container in the rear and a live/work use in the main structure.
At the September 10, 2019 continued public hearing, Council approved the live/work use, removal of the front
yard canopy & storage building (to be relocated on the west side of the main structure), removal of the metal
shipping container, a new 150 sq. ft. accessory structure 3 from the southern property line and six 3 cal. Live
Oaks on the southern property line. The details of the motion are listed below in bold.
Introduction:
Staff could not support various components of the requested Planned Development, but was able to support others
with required modifications. The canopy and storage building in the front yard does not meet the setback
requirements of the platted lot (50' Front Yard) and was illegally installed without a building permit. Staff was
opposed to granting this component. The shipping container in the rear of the site is not a permanent structure and
is required to be removed after 45 days. Staff could not support this component. However, staff could support the
less than 150 square feet in area. Because this is such a unique site with a unique use, staff could support the
live/work unit provided it meets the building and fire code requirements.
Analysis:
On July 18, 2019, the Planning and Zoning Commission (5-2) recommended approval of PD-260R2-R, Trinity
River Kayak subject to the following conditions:
1
1.Approval of the live/work use in the main structure provided that:
a. Fire sprinklers and alarms are installed.
b. The building code requirements for both the commercial and residential components and
space allocation (50% residential & 50% commercial) are adhered to.
2. Remove the front yard canopy and storage building. Relocate the personal assets stored in the
front yard parking lot.
3. Remove the shipping container and allow for the replacement with an accessory structure less
than 150 square feet setback from rear property line by a minimum of three feet. It shall be
built in the same location as the metal shipping container.
4. The property must be brought into compliance with all applicable building codes, including
obtaining building permits from the city for any work that has or will be done, within 60 days
of zoning approval.
At the August 13, 2019, City Council Meeting, the public hearing was left opened and continued to September 10,
2019, allowing the applicant and neighbors to meet and see if an optimal solution could be achieved.
On August 27, 2019, Staff met with representatives from Trinity Shores HOA and Trinity River Kayak
(TRK). Below is a summary of the meeting:
Homeowners within the Trinity Shores neighborhood have differing desires.
opposed to the existing canopy in the front yard. They would like trees to be planted along southern the fence line.
The neighbors on the north end, closer to Sandy Lake Road, want the front yard canopy removed. At the end of
the meeting, the HOA agreed .
TRK agreed to plant trees along the south fence line. TRK said they will replace the shipping container with a
permitted shed. TRK asked more clarification questions about the canopy: Was it the location? Was it a canopy
in general the HOA was opposed to? Was it the fact that it was built without a permit? The HOA president said
the HOA just wanted him to follow the
place that was approved by the City.
On September 3, 2019, new exhibits were submitted to reflect the removal of the canopy in the front yard and a
modified canopy structure being placed on the west side of the main structure. The accessory structure that was
previously located in the front yard under the canopy is now shown to be located south of the relocated canopy.
A permanent accessory building is proposed to replace the metal shipping container. A new landscape plan was
submitted with six proposed Live Oaks on the southern boundary. These will be irrigated and maintained
by the property owner.
Subsequent to the meeting, Jeff Varnell followed up with the three northern property owners of Trinity Shores that
abut the property. According to Mr.
t care
where the metal canopy went.
In summary, the HOA agrees with the P&Zs recommendation and an additional condition of planting 6 additional
trees on the southern property line.
At the September 10, 2019, City Council Meeting, PD-260R2-R was approved subject to the following
conditions:
1. Approval of the live/work use in the main structure provided that:
a. Fire sprinklers and alarms are installed.
b. The building code requirements for both the commercial and residential components and
space allocation (50% residential & 50% commercial) are adhered to.
2. Remove the front yard canopy and storage building. Relocate the personal assets stored in the front
yard parking lot. Approval of the alternative location of canopy and storage building as shown on
revised Site Plan.
2
3.Remove the shipping container and allow for the replacement with an accessory structure less than
150 square feet setback from rear property line by a minimum of three feet. It shall be built in the
same location as the metal shipping container as indicated on the revised Site Plan.
4. The property must be brought into compliance with all applicable building codes, including
obtaining building permits from the city for any work that has or will be done, within 60 days of
zoning approval.
5. will be irrigated and maintained by
the property owner as indicated on the revised Landscape Plan.
Legal Review:
The City Attorney reviewed this Ordinance
Fiscal Impact:
None
Recommendation:
The Planning Division recommends approval.
Attachments:
1. Ordinance
2. Exhibit A Legal Description
3. Exhibit B Revised Site Plan
4. Exhibit C - Revised Building Elevation Supplement (Floor Plan, Storage Building Elevations, Pictures)
5. Exhibit D - Sign Plan
6. Exhibit E - Revised Landscape Plan
7. Exhibit F - Existing Storage Building
3
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM PD-260R-R (PLANNED DEVELOPMENT-
260-REVISED-RETAIL) TO PD-260R2-R (PLANNED DEVELOPMENT-
260-REVISION 2 -RETAIL) TO AMEND THE SITE PLAN TO ALLOW
FOR A CANOPY AND STORAGE BUILDING, AN ADDITIONAL
ACCESSORY STRUCTURE AND TO USE THE EXISTING BUILDING AS
A LIVE/WORK RESIDENCE ON 1.49 ACRES OF PROPERTY LOCATED
1601 E. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT AND
INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE
REVISED SITE PLAN, REVISED BUILDING ELEVATION SUPPLEMENT
(FLOOR PLAN, STORAGE BUILDING ELEVATIONS, PICTURES), SIGN
PLAN, REVISED LANDSCAPE PLAN, EXISTING STORAGE BUILDING,
ATTACHED HERETO AS ETHROUGH F; AND
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication
and otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally, and to all persons interested and situated in the affected area and in the vicinity
thereof, the said governing body is of the opinion that Zoning Application No. PD-260R2-R should
be approved, and in the exercise of legislative discretion have concluded that the Comprehensive
Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from PD-260R-R (Planned
Development 260 Revised - Retail) to PD-260R2-R, (Planned Development-260 Revision Two-
City of Coppell Ordinance Pg 1 TM 110942
Retail) to amend the site plan to allow for a free standing or detached canopy and storage building,
an additional accessory structure and to use the existing building as a live/work residence on 1.49
acres of property located 1601 E. Sandy Lake Road), for the property described
attached hereto and made a part hereof for all purposes, subject to the development regulations
provided herein.
SECTION 2. That the Property will be used, developed and maintained for live/work use
within a Retail District as defined and provided in the Code of Ordinances, is hereby approved subject
to the following development regulations:
A. Except as amended herein, the property shall be developed in accordance
with the Ordinance 91500-A-697 which is incorporated herein as set forth
in full and hereby republished.
B. Approval of the live/work use in the main structure is permitted provided that:
i. Fire sprinklers and alarms are installed, maintained and approved in
accordance with ordinances governing such system in a live/work unit.
ii. The building code requirements for both the commercial and residential
components and space allocation (50% residential & 50% commercial) are
met.
C. Construct a fr
structure behind the front building line, as set forth in the Revised Site Plan,
Exhibit B.
D. Locate the personal property stored in the front yard parking lot to the
carport/canopy on the west side of main structure behind the front building line as
set forth in the approved Revised Site Plan, Exhibit B.
E. Remove from the real property the non-compliance shipping container.
City of Coppell Ordinance Pg 2 TM 110942
F.Construct an accessory structure less than 150 square feet setback from rear
property line by a minimum of three (3) feet as set forth in the Revised Site Plan,
Exhibit B and depicted in Storage Building Elevations, Exhibit F.
G. The property must be brought into compliance with all applicable building codes,
and the building/development regulations in this ordinance; and, owner shall be
required to obtain any and all applicable building permits from the city for all
improvement set forth herein; and, remit the appropriate fees, including any late
fees.
H. Removal of non-compliance structures, storage and improvements must be
completed within 60 days of the effective date of this ordinance.
I. Plant and maintain in good growing condition six additional trees
on the southern boundary. This landscape and feature shall require installation and
maintenance in good working condition tree irrigation system in accordance with
the attached Landscape Plan.
SECTION 3. That the Revised Site Plan, Revised Building Elevation Supplement (Floor
Plan, Storage Building Elevations, Pictures), Sign Plan, Revised Landscape Plan, Existing Storage
Building; respectively, shall be deemed as development
regulations to this development.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
City of Coppell Ordinance Pg 3 TM 110942
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided
to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2019.
APPROVED:
_____________________________________
KAREN SELBO HUNT
City of Coppell Ordinance Pg 4 TM 110942
ATTEST:
___________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
City of Coppell Ordinance Pg 5 TM 110942
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-260R-R (PLANNED
DEVELOPMENT-260-REVISED-RETAIL) TO PD-260R2-R (PLANNED
DEVELOPMENT-260-REVISION 2 -RETAIL) TO AMEND THE SITE
PLAN TO ALLOW FOR A CANOPY AND STORAGE BUILDING, AN
ADDITIONAL ACCESSORY STRUCTURE AND TO USE THE EXISTING
BUILDING AS A LIVE/WORK RESIDENCE ON 1.49 ACRES OF
PROPERTY LOCATED 1601 E. SANDY LAKE ROAD, AND BEING MORE
PARTICULARLY DESCRIBTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE
REVISED SITE PLAN, REVISED BUILDING ELEVATION SUPPLEMENT
(FLOOR PLAN, STORAGE BUILDING ELEVATIONS, PICTURES), SIGN
PLAN, REVISED LANDSCAPE PLAN, EXISTING STORAGE BUILDING,
ATTACHED HERETO AS E; AND
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ___________________, 2019.
APPROVED:
_____________________________________
KAREN SELBO HUNT
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: September 24, 2019
Reference: Consider approval of an ordinance for PD-240R6R-HC (Planned Development - 240 -
Revision 6 - Revised-Highway Commercial) to allow a restaurant (approx. 1900-sf) with
a drive-through, patio (approx. 1100-sf) and play area to be constructed on approximately
0.81 acres, at the northwest quadrant of SH 121 and Denton Tap Road, further identified
as Lot 4, Block A, of the North Gateway Plaza Addition; and authorizing the Mayor to
sign.
2030: Business Prosperity
Executive Summary:
This request is to attach a Detail Site Plan for Hat Creek Burger Company to permit a 1,901-sf restaurant
and 1,105-sf patio area and a play area on approximately 0.81 acres.
Introduction:
This is the last lot to be developed from the original Planned Development (PD-240-HC) approved back
in 2009. n 2016 for this site, however, it was not
constructed. This restaurant will have a drive-through as well as a patio and play area for children. The
building will have a brick and stone façade that will complement the materials used in the neighboring
developments. A variance for signage was requested and granted, allowing for up to 74-square feet of
signage as illustrated in the sign plans. The landscaping requirement for this site has been met with
approximately 32% of the site being landscaped.
Analysis:
On September 10, 2019 the City Council approved this rezoning request from PD-240R6-HC to PD-
240R6R-HC.
On August 15, 2019 the Planning and Zoning Commission recommended approval of PD-240R6R-HC,
Hat Creek Burger Company, subject to the following conditions:
Legal Review:
This was reviewed by the city attorney.
Fiscal Impact:
None
1
Recommendation:
The Planning Department recommends approval
Attachments:
1. Ordinance
2. Exhibit A Legal Description
3. Exhibit B Site Plan
4. Exhibit C Landscape Plan
5. Exhibit D - Elevations
6. Exhibit E Playground & Fencing
7. Exhibit F - Sign Package
2
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-240R6-HC (PLANNED
DEVELOPMENT -240-REVISION 6 -HIGHWAY COMMERCIAL) TO PD-
240R6R-HC (PLANNED DEVELOPMENT - 240-REVISION 6 REVISED-
HIGHWAY COMMERCIAL), TO ALLOW A 1,901 SQUARE FOOT
RESTAURANT WITH A DRIVE-THROUGH, A 1,105 SQUARE FOOT PATIO
AND PLAY AREA ON APPROXIMATELY 0.81 ACRES OF PROPERTY
LOCATED ON THE NORTHWEST QUADRANT OF DENTON TAP AND
THE SAM RAYBURN TOLLWAY, AND BEING MORE PARTICULARLY
AS LOT 4, BLOCK A, OF THE NORTH
GATEWAY PLAZA ADDITION, ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
DETAIL SITE PLAN; LANDSCAPE PLAN; ELEVATIONS; PLAYGROUND
AND FENCING PLAN; AND SIGN PLAN ATTACHED HERETO AS
AND F, RESPECTIVELY; PROVIDING
DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication
and otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally, and to all persons interested and situated in the affected area and in the vicinity
thereof, the said governing body is of the opinion that Zoning Application No. PD-240R6R-HC
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Zoning Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Zoning Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore
amended, be and the same is hereby amended to grant a change in zoning from PD-240R6R-HC
TM 110950
1
(Planned Development- 240-Revision 6 -Highway Commercial) to PD-240R6R-HC (Planned
Development- 240-Revision 6 Revised -Highway Commercial), to construct a 1,901 square foot
Restaurant, 1,105 Patio and Playground area on approximately 0.81 acres located on the northwest
quadrant of Denton Tap Road and the Sam Rayburn Tollway and being more particularly described
, attached hereto and made part hereof for all purposes, subject to the detailed Site
Plan and development regulations and Exhibits provided in this ordinance.
SECTION 2. That Planned Development PD-240R6R-HC is hereby approved subject to
the following development regulations:
A. The development and maintenance of the property shall be in accordance with the
Detail Site Plan; Landscape Plan; Elevations; Playground and Fencing Plan; and Sign
Plan with any notes or provisions included therein, which are attached hereto and made
part of the ordinance.
B. That attached signage shall be installed and maintained in accordance with
requirements of the current sign ordinance, except to allow up to 74 square feet of
signage, as depicted in the attached Elevation Plan and sign Plan Exhibits D and F,
respectively.
C. The playground area shall be built and maintained in accordance with Playground and
Fencing Plan. Exhibit E; and, such playground element shall be construct and use the
materials and color scheme noted therein.
D. All building elements have been requested by the property owner and the elevations
and features set forth in the Elevation Plan, Exhibit D, are hereby approved.
TM 110950
2
SECTION 3. That the Detail Site Plan; Landscape Plan; Elevations; Playground and
Fencing Plan; and Sign Plan and all comments and notes set forth therein, attached hereto as
, , , are made a part hereof for all purposes, and hereby approved as
development regulations.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided
to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
TM 110950
3
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2019.
APPROVED:
_____________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
ROBERT E. HAGER, CITY ATTORNEY
TM 110950
4
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-240R6-
HC (PLANNED DEVELOPMENT -240-REVISION 6 -HIGHWAY
COMMERCIAL) TO PD-240R6R-HC (PLANNED DEVELOPMENT - 240-
REVISION 6 REVISED-HIGHWAY COMMERCIAL), TO ATTACH A
DETAIL SITE PLAN TO PERMIT A 1,901 SQUARE FOOT RESTAURANT
WITH A DRIVE-THROUGH, A 1,105 SQUARE FOOT PATIO AND PLAY
AREA ON APPROXIMATELY 0.81 ACRES OF PROPERTY LOCATED
ON THE NORTHWEST QUADRANT OF DENTON TAP AND THE SAM
RAYBURN TOLLWAY, AND BEING MORE PARTICULARLY
AS LOT 4, BLOCK A, OF THE NORTH
GATEWAY PLAZA ADDITION, ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
DETAIL SITE PLAN; LANDSCAPE PLAN; ELEVATIONS;
PLAYGROUND AND FENCING PLAN; AND SIGN PLAN ATTACHED
AND F
PROVIDING DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2019.
APPROVED:
_____________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
A
EXHIBIT
BYREVISIONDATENo.
WWW.CLAYMOOREENG.COMBEDFORD, TX 76021
PHONE: 817.281.05721903 CENTRAL DRIVE, SUITE #406
CLC
CWPCWP
2019-060
COPPELL, TX
08/06/2019
SITE PLAN
150 W SH 121
SHEET
HAT CREEK BURGER
SP-1
TEXAS REGISTRATION #14199 CLAYMOORE ENGINEERING
DESIGN:DRAWN:CHECKED:DATE:
File No.
STATE:
TEXAS
1327
ABSTRACT:
DR P
AT NOTNE
D
R
CONTACT: SCOTT BROWNEMAIL:SCOTT@HATCREEKBURGERS.COM
D
CITY:
L
CONTACT: CLAY CRISTY, PEEMAIL: CLAY@CLAYMOOREENG.COM
L
COPPELL
A
MAPPLICANT:
EDEVELOPER:
2020
G
SITE PLAN
D
1010
I
LEGAL DESCRIPTION:
R
1
N.T.S.
2
A
LEGEND
1
T
1 inch = ft.1 inch = ft.SX
I
00
T CITY OF COPPELL
V
NORTH GATEWAY PLAZA
VICINITY MAP
E
HAT CREEK BURGER
1
SITE
GRAPHIC SCALEGRAPHIC SCALE BLOCK A, LOT 4, 0.808 ACRES
2
1
SURVEY:
PROPOSED CONCRETE CURB AND GUTTERPARKING COUNTEXISTING FIRE LANE STRIPINGPROPOSED SIDEWALKINTEGRAL COLOR CONCRETE WITH SALT ROCKFINISH
X
T
C. SQUIRES
SCREENING, AND GLARE SHADES.
FACILITIES, SECURITY LIGHTING,MONUMENT SIGN ELEVATIONS ANDDIMENSIONS.
COUNTY:
DALLAS
202040202040
2.REFER TO ARCH. PLANS FOR LIGHTING3.REFER TO ARCH. PLAN FOR ATTACHED
1.THERE ARE NO EXISTING TREES ON SITE
NOTES:
B.F.R.BARRIER FREE RAMPRSPD HOLDING INC.10580 JOHN W ELLIOTT DR., SUITE 80FRISCO, TX 75033PH: 214.549.8869CLAYMOORE ENGINEERING, INC.1903 CENTRAL DR., SUITE #406BEDFORD, TX 76021PH:
817.281.0572
FLOODPLAIN NOTE
ACCORDING TO MAP NO. 48113C0155K, DATED 07/07/2014 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF DALLASCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X",
(AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE
PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR
NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.
"B"
EXHIBIT
AUSTIN, TEXAS 78746
4407 BEE CAVES ROAD, SUITE 212
HAT CREEK BURGER COMPANY CLIENT:
WWW.IDSTUDIO4.COM
S
TEL: 972.870.1288
08/05/19
A
X
IRVING, TEXAS 75038
E
G
U
1431 GREENWAY RD. SUITE 510
A T
H COPPELL, TEXAS 75019
6
4 F
N
N2 150 W SH 121
O
A
2
I PLAN
AREA
R
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COPPELL, TX
L1.00
A
LANDSCAPE
T
R
S
HAT CREEK BURGER COMPANY
REQUIREDPROVIDED
LANDSCAPE AREA LEGEND TOTAL SITE AREA: 35,216 S.F.NET SITE AREA: 31,931 S.F.TOTAL LANDSCAPE AREA: 11,371 S.F. (32%)PERIMETER LANDSCAPE4,476 S.F.INTERIOR LANDSCAPE1,747 S.F. (10%)1,744
S.F. (10%)OPEN SPACE4,789 S.F. (15%)5,151 S.F. (16%)
1020
5
SCALE: 1" = 10'-0"
0
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5' LANDSCAPE BUFFER
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EXHIBIT Page
AUSTIN, TEXAS 78746
4407 BEE CAVES ROAD, SUITE 212
HAT CREEK BURGER COMPANY CLIENT:
WWW.IDSTUDIO4.COM
S
TEL: 972.870.1288
08/05/19
A
X
IRVING, TEXAS 75038
E
G
U
1431 GREENWAY RD. SUITE 510
A T
H COPPELL, TEXAS 75019
6
4 F
N
N2 150 W SH 121
O
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COPPELL, TX
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LANDSCAPE
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HAT CREEK BURGER COMPANY
1,744 s.f. (10%)
Provided30" ht. evergreen hedgeProvidedProvidedProvidedProvided(5) treesProvided(2) trees, 3" cal.Provided(23) trees, 3" cal.
feature landscaping.the required front yard.Total Lot Area: 35,216 s.f.
3" cal., per 50 l.f.property lines with one (1) tree, 3" cal., per 50 l.f.islands with trees.Parking Lot: 17,465 s.f.Parking Spaces: 31Building Area/Patio Area: 3285Net Site Area: 31,931
AVAILABILITY OF EXISTING TOPSOIL WITH ON-SITECONSTRUCTION MANAGER.FINAL FINISHED GRADE PRIOR TO TOPSOILINSTALLATION.FINAL CONTOURS AS INDICATED ON CIVIL PLANS.ADJUST CONTOURS TO ACHIEVE
POSITIVE DRAINAGEAWAY FROM BUILDINGS. PROVIDE UNIFORMROUNDING AT TOP AND BOTTOM OF SLOPES ANDOTHER BREAKS IN GRADE. CORRECT IRREGULARITIESAND AREAS WHERE WATER MAY STAND.TRENCHES
COMPLETELY SETTLED AND FINISH GRADEAPPROVED BY THE OWNER'S CONSTRUCTIONMANAGER OR LANDSCAPE ARCHITECT PRIOR TO LAWNINSTALLATION.DIAMETER AND LARGER, DIRT CLODS, STICKS,CONCRETE SPOILS,
ETC. PRIOR TO PLACING TOPSOILAND LAWN INSTALLATION.UNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUTNOT BE LIMITED TO: MOWING, WATERING, WEEDING,CULTIVATING, CLEANING AND REPLACING
DEAD ORBARE AREAS TO KEEP PLANTS IN A VIGOROUS,HEALTHY CONDITION.ACCEPTABLE TURF AREA AND SHALL PROVIDEREPLACEMENT FROM LOCAL SUPPLY IF NECESSARY.COMPLETELY. ENSURE EDGES OF SOD ARE
TOUCHING.TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILLVOIDS.SURFACE, FREE FROM UNNATURAL UNDULATIONS.PROGRESSES.AND MARCH 1, OVER-SEED BERMUDAGRASS SODWITH WINTER RYEGRASS, AT A RATE
OF FOUR (4)POUNDS PER ONE THOUSAND (1000) SQUARE FEET.
WEST PROPERTY LINE: 240 l.f.4,789 s.f. (15%)5,150 (16%)
2.Perimeter Landscape: 10' landscape buffer along3.30" ht. parking lot screen: hedge or berm.STATE HIGHWAY 121: 147 l.f.Required(3) trees, 3" cal.(3) trees, 4" cal.*30" ht. screenNORTH
PROPERTY LINE: 147 l.f.Required(3)trees, 3" cal.(3) trees, 3" cal.30" ht. parking screen30" ht. parking screenEAST PROPERTY LINE: 239 l.f.Required(5)trees, 3" cal.(5) trees, 3" cal.30"
ht. parking screen30" ht. parking screenRequired10' landscape buffer10' landscape buffer(5) trees, 3" cal.(5) trees, 3" cal.30" ht. parking screen30" ht. evergreen hedge1.10% of gross
parking area to be landscape.2.One (1) tree per 400 s.f. of required landscape area.3.12% of total number parking spaces shall be plantingRequired1,747 (10%)(5) trees(4) parking islands(4)
parking islands1.15% of lot not covered by building shall be devoted to2.50% of the feature landscaping shall be located within3.One (1) tree per 2500 s.f. of open space.Required2,395
s.f. (50%)2,936 s.f. (61%)(2) treesSUMMARYRequired(23) trees
1.Street Frontage: 15' landscape buffer with one (1) tree,15' landscape buffer15' landscape buffer10' landscape bufferavg. 5' landscape buffer10' landscape buffer5' landscape buffer
LANDSCAPE TABULATIONS
GENERAL LAWN NOTES 2.CONTRACTOR SHALL LEAVE LAWN AREAS 1" BELOW3.CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE4.ALL LAWN AREAS SHALL BE FINE GRADED, IRRIGATION5.CONTRACTOR SHALL REMOVE
ALL ROCKS 3/4"6.CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS7.CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF SOLID SOD NOTES 2.ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN3.WATER SOD THOROUGHLY
AS SOD OPERATION4.IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1TOTAL SITE AREA: 35,216 S.F.NET SITE AREA: 31,931 S.F.TOTAL LANDSCAPE AREA: 11,371 S.F. (32%)PERIMETER LANDSCAPE REQUIREMENTSINTERIOR
LANDSCAPE REQUIREMENTSNON-VEHICULAR OPEN SPACE REQUIREMENTS
1.CONTRACTOR SHALL COORDINATE OPERATIONS AND1.PLANT SOD BY HAND TO COVER INDICATED AREAS
.
1020
5
SCALE: 1" = 10'-0"
0
N
BERMUDAGRASS, UNLESS OTHERWISE NOTED ON THE
PROPOSED SITE ELEMENTS AND NOTIFY LANDSCAPEARCHITECT OF ANY DISCREPANCIES. SURVEY DATAOF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS.UNDERGROUND UTILITIES AND NOTIFY LANDSCAPEARCHITECT
OF ANY CONFLICTS. CONTRACTOR SHALLEXERCISE CAUTION WHEN WORKING IN THE VICINITYOF UNDERGROUND UTILITIES.AWAY FROM ALL STRUCTURES.FINAL CONTOURS AS INDICATED. LEAVE AREAS TORECEIVE
TOPSOIL 3" BELOW FINAL FINISHED GRADE INPLANTING AREAS AND 1" BELOW FINAL FINISHEDGRADE IN LAWN AREAS.SEPARATED BY STEEL EDGING. NO STEEL EDGINGSHALL BE INSTALLED ADJACENT TO BUILDINGS,WALKS,
OR CURBS. CUT STEEL EDGING AT 45 DEGREEANGLE WHERE IT INTERSECTS WALKS AND CURBS.TOP OF WALKS AND CURBSDRAWINGS.PROVIDED WITH AN AUTOMATIC UNDERGROUNDIRRIGATION SYSTEM WITH RAIN AND
FREEZE SENSORSAND EVAPOTRANSPIRATION (ET) WEATHER-BASEDCONTROLLERS AND SAID IRRIGATION SYSTEM SHALLBE DESIGNED BY A QUALIFIED PROFESSIONAL ANDINSTALLED BY A LICENSED IRRIGATOR.UNIT
PRICES FOR ALL MATERIAL PROVIDED.ALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS.SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FORTHE MAINTENANCE OF ALL LANDSCAPE.AND ORDERLY MANNER AT ALL
TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING,WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.TRASH, LITTER, WEEDS AND OTHER SUCH MATERIALOR
PLANTS NOT PART OF THIS PLAN.HEALTHY AND GROWING CONDITION AS ISAPPROPRIATE FOR THE SEASON OF THE YEAR.REPLACED WITH PLANT MATERIAL OF EQUAL ORBETTER VALUE.PROPOSAL FOR ONE YEAR'S MAINTENANCE
TO BEGINAFTER FINAL ACCEPTANCE.
LANDSCAPE NOTES 2.CONTRACTOR SHALL LOCATE ALL EXISTING3.CONTRACTOR SHALL PROVIDE A MINIMUM 2% SLOPE4.CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE5.ALL PLANTING BEDS AND LAWN AREAS SHALL
BE6.TOP OF MULCH SHALL BE 1/2" MINIMUM BELOW THE7.ALL LAWN AREAS SHALL BE SOLID SOD8.ALL REQUIRED LANDSCAPE AREAS SHALL BE9.CONTRACTOR SHALL PROVIDE BID PROPOSAL LISTING MAINTENANCE
NOTES 2.ALL LANDSCAPE SHALL BE MAINTAINED IN A NEAT3.ALL LANDSCAPE AREAS SHALL BE KEPT FREE OF4.ALL PLANT MATERIAL SHALL BE MAINTAINED IN A5.ALL PLANT MATERIAL WHICH DIES SHALL BE6.CONTRACTOR
SHALL PROVIDE SEPARATE BID
1.CONTRACTOR SHALL VERIFY ALL EXISTING AND10.CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING1.THE OWNER, TENANT AND THEIR AGENT, IF ANY,
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2
EXHIBIT Page
AUSTIN, TEXAS 78746
4407 BEE CAVES ROAD, SUITE 212
HAT CREEK BURGER COMPANY CLIENT:
WWW.IDSTUDIO4.COM
S
TEL: 972.870.1288
08/05/19
A
X
IRVING, TEXAS 75038
E
G
U
1431 GREENWAY RD. SUITE 510
A T
H COPPELL, TEXAS 75019
6
4 F
N
N2 150 W SH 121
O
A
2
I
R
E
OK
T
COPPELL, TX L1.02
A
LANDSCAPE
TAND DETAILS
R
S
SPECIFICATIONS
HAT CREEK BURGER COMPANY
of the
3
1
" maximum height above final
2
1
trees shall be the diameter of the plant pit.finished grade.
shall be removed. General tipping of the branches is notpermitted. Do not cut terminal branches.pits shall be covered with a layer of organic material two(2") inches in depth. This
limit of the organic material forlimits of steel curbing and obtain Owners approval prior toinstallation.curbing, as opposed to the grass side.sidewalks or curbs.
tree planting detail as approved by the Landscape Architect if thethe same area should not be used. Carefully settle by wateringto prevent air pockets. Remove the burlap from the top
trunk of the tree. Leave the area above the top of the ball andthickness of two (2") inches over the entire bed or pit.to a depth of not less than three (3') feet below grade and no
percolation test fails.bed preparation. When the hole is dug in solid rock, topsoil fromball, as well as all nylon, plastic string and wire. Container treeswill usually be root bound,
ifso follow standard nursery practicemulch with at least two (2") inches of specified mulch.underground construction work or obstructions are encounteredin any plant pit excavation
work to be done under this section,alternate locations may be selected by the Owner. Wherelocations cannot be changed, the obstructions shall be removedless than six (6") inches below
the bottom of ball when plant isproperly set at the required grade. The work of this section shallinclude the removal from the site of such rock or undergroundobstructions encountered
at the cost of the LandscapeContractor.Position stakes to secure trees against seasonal prevailing winds.Landscape Architect and shall be pruned in accordance withstandard horticultural
practice following Fine Pruning, Class Ipruning standards provided by the National Arborist Association.2.Pruning shall be done with clean, sharp tools.3.Immediately after planting
operations are completed, all tree2.All steel curbing shall be free of kinks and abrupt bends.3.Top of curbing shall be 4.Stakes are to be installed on the planting bed side of the5.Do
not install steel edging along sidewalks or curbs.6.Cut steel edging at 45 degree angle where edging meetsorderly at all times. Storage areas for all materials shall be soorganized
so that they, too, are neat and orderly. All trash anddebris shall be removed from the site as work progresses. Keeppaved areas clean by sweeping or hosing them at end of eachwork
day.
1.Dead wood, suckers, broken and badly bruised branches1.Curbing shall be aligned as indicated on plans. Stake out
J.Do not wrap trees.A.Cleanup: During the work, the premises shall be kept neat and
I.Backfill only with 5 parts existing soil or sandy loam and 1 partK.Do not over prune.L.Mulch the top of the ball. Do not plant grass all the way to theM.All plant beds and trees to
be mulched with a minimum settledN.Obstruction below ground: In the event that rock, orO.Trees and large shrubs shall be staked as site conditions require.P.Pruning and Mulching:
Pruning shall be directed by theQ.Steel Curbing Installation:
POCKET PLANTINGNOT ALLOWED
3.3 CLEANUP AND ACCEPTANCEEND OF SECTION
LAWN / FINISH GRADE
") inch in
3/16" X 4" BLACK EDGING,STAKES ON INSIDE; EDGING SHALLBE 1/2" MAXIMUM HEIGHTABOVE FINISH GRADEPREPARED SOIL MIX PERSPECIFICATIONS; TILL 6" MINIMUMOF PREPARED SOIL MIX INTO6" DEPTH OF
EXISTING SOIL
4
3
NATIVE SOIL
ROOTBALL,DO NOT DISTURB
three-quarter (
FOR SPACING
site all rocks and stones over
and weeds as necessary. Till existing soil to a depth of six(6") inches prior to placing compost and fertilizer. Applyfertilizer as per Manufacturer's recommendations. Add six(6")
inches of compost and till into a depth of six (6") inchesof the topsoil. Apply organic fertilizer such as Sustane orGreen Sense at the rate of twenty (20) pounds per onethousand (1,000)
square feet.specified mulch.on site (use imported topsoil as needed) free from largeclumps, rocks, debris, caliche, subsoils, etc., placed in nine(9") inch layers and watered in thoroughly.after
fertilizing the ground first. Roll grass areas to achievea smooth, even surface. The joints between the blocks ofsod should be filled with topsoil where they are evidentlygaped open,
then watered thoroughly.
material mix of granite aggregate not to exceed 1/8" diameter insize and shall be composed of various stages of decomposedearth base.report any deficiencies to the Owner.2.All planting
areas shall receive a two (2") inch layer of3.Backfill for tree pits shall be as follows: Use existing top soilplant is delivered to the site and shall continue until allconstruction
has been satisfactorily accomplished.are prepared and areas are ready for planting. All shipments ofnursery materials shall be thoroughly protected from the dryingwinds during transit.
All plants which cannot be planted at once,after delivery to the site, shall be well protected against thepossibility of drying by wind and Balls of earth of B& B plantsshall be kept
covered with soil or other acceptable material. Allplants remain the property of the Contractor until finalacceptance.plan.approval of all positioning of plant materials.pits shall
be large enough to permit handling and plantingwithout injury to balls of earth or roots and shall be of suchdepth that,when planted and settled, the crown of the plant shallbear the
same relationship to the finish grade as it did to soilsurface in original place of growth.inches wider than the lateraldimension of the earth ball and sixfromdiameter. Plants should
be thoroughly moist before removingcontainers.height of the ball, especially at the surface of the ground. Thesides of the hole should be rough and jagged, never slick orglazed.notpercolate
within 24 hours, the tree needs to move to anotherlocation or have drainage added. Install a PVC stand pipe per
1.Prepare new planting beds by scraping away existing grass1.Blocks of sod should be laid joint to joint (staggered joints)(6") inches deeper than it's vertical dimension. Remove and
haul
REFER TO LANDSCAPE PLAN
F.Decomposed Granite: Base material shall consist of a naturalA.Landscape Contractor to inspect all existing conditions andB.All planting areas shall be conditioned as follows:C.Grass
Areas:A.Maintenance of plant materials shall begin immediately after eachB.Plant materials shall be delivered to the site only after the bedsC.Position the trees and shrubs in their
intended location as perD.Notify the Owner's Authorized Representative for inspection andE.Excavate pits with vertical sides and horizontal bottom. TreeF.Shrub and tree pits shall
be no less than twenty-four (24")G.Dig a wide, rough sided hole exactly the same depth as theH.Percolation Test: Fill the hole with water. If the water level does
PART 3 - EXECUTION 3.1 BED PREPARATION & FERTILIZATION3.2 INSTALLATION
6"
.
3/16" thick x 4" deep x
SCARIFY SIDES
SHRUB / GROUNDCOVER DETAIL NOT TO SCALE
TOP OF MULCH 1/2"
SETTLED THICKNESS
TOPDRESS MULCH PER
dark, loamy soil, free of clay lumps, subsoil,
CONCRETE WALK / CURB
MINIMUM BELOW TOP OF
SHRUBS / GROUNDCOVER;
CONCRETE WALK
REFER TO LANDSCAPE PLAN
02
SPECIFICATIONS; 2" MINIMUM
NOTE:NO STEEL EDGING SHALLBE INSTALLED ALONGSIDEWALKS OR CURBS
stones and other extraneous material and reasonably free ofweeds and foreign grasses. Loam containing Dallasgrass orsoil analysis conducted by an approved soil testing
Friable, fertile, Nutgrass shall be rejected.laboratory verifying that sandy loam meets the aboverequirements.
specified at no additional cost to the Owner.the minimum trunk and diameterrequirements of the plantschedule. Balls shall be firm, neat, slightly tapered and wellthe customary nursery
usage. For clarification, theterm4.If requested, Landscape Contractor shall provide a certifieddark brown. Living Earth Technologies or approved equal.delivered to the site in original
unopened containers, eachsource to be a minimum 50%slow release organic Nitrogenshredded pine bark or other approved organic material.trade name DURAEDGE Heavy Duty Steel
wrapped in burlap. Any tree loose in the ball or with a brokenroot ball at time of planting will be rejected. Balls shall be ten(10") inches in diameter for each one (1") inch of trunk
diameter,measured six (6") inches above ball. (Nomenclature confirms to"multi-trunk" defines a plant having three (3) or more trunks ofnearly equal diameter.)Landscape Architect prior
to final acceptance, shall be executedby the Landscape Contractor at no additional cost to the Owner.2.Physical properties as follows:3.Organic matter shall be 3%-10% of total dry weight.matter
and 20% animal waste. Ingredients should be a mix ofcourse and fine textured material.Gladewater, Texas; Professional Bedding Soil as supplied byLiving Earth Technology, Dallas, Texas
or Acid Gro MunicipalMixas supplied by Soil Building Systems, Dallas, Texas or approvedequal.weeds.recommended for required applications. Fertilizer shall bebearing the manufacturer's
guaranteed statement of analysis.(SCU or UF) with a minimum 8% sulfur and 4% iron, plusmicronutrients.16' long with 6 stakes per section, painted black at the factoryas manufactured
by The J.D. Russell Company and under itsavailable at Lone Star Products, Inc., (469) 523-0444 orapproved equal.
1.
A.Sandy Loam:A.Steel Edging: All steel edging shall be
E.Trees shall be healthy, full-branched, well-shaped, and shall meetF.Pruning: All pruning of trees and shrubs, as directed by theB.Organic Material: Compost with a mixture of 80% vegetativeC.Premix
ed Bedding Soil as supplied by Vital Earth Resources,D.Sharp Sand: Sharp sand must be free of seeds, soil particles andE.Mulch: Double Shredded Hardwood Mulch, partially decomposed,F.Organic
Fertilizer: Fertilaid, Sustane, or Green Sense or equal asG.Commercial Fertilizer: 10-20-10 or similar analysis. NitrogenH.Peat: Commercial sphagnum peat moss or partially decomposedB.Staking
Material for Shade Trees: refer to details.C.Gravel: Washed native pea gravel, graded 1 inch to 1-1/2 inch.D.Filter Fabric: 'Mirafi Mirascape' by Mirafi Construction ProductsE.River
Rock: 'Colorado' or native river rock, 2" - 4" dia.
TO
2.2 SOIL PREPARATION MATERIALS2.3 MISCELLANEOUS MATERIALS
jeff@treestakesolutions.com
(903) 676-6143www.treestakesolutions.com
SHOULD NOT BE VISIBLE.
(no amendments) WATER THOROUGHLYTO ELIMINATE AIR POCKETS.HARDWOOD MULCH 2 INCH SETTLEDTHICKNESS, WITH 2" HT. WATERINGRING; ENSURE THAT ROOT FLARE ISEXPOSED. BELOW GROUND STAKETREE STAKE
SOLUTIONS 'SAFETYSTAKE' BELOW GROUND MODELAVAILABLE FROM:Tree Stake SolutionsATTN: Jeff TuleyOR APPROVED EQUAL. TREES SHALL BESTAKED BELOW GROUND WHERE NECESSARY; ABOVE GROUND STAKINGIS
EXPRESSLY PROHIBITED.THE CONTRACTOR TO OBTAIN A COPYOF THEMANUFACTURER'SSPECIFICATIONS PRIOR INSTALLATION OF TREE STAKES.CONTRACTOR SHALL ADHERE TOMANUFACTURER'S INSTALLATIONGUIDELINES,
SPECIFICATIONS, ANDOTHER REQUIREMENTS FOR TREE STAKEINSTALLATION.
H.BACKFILL: USE EXISTING NATIVE SOILI.MULCH: DOUBLE SHREDDEDJ.TREE STAKES:K.IT SHALL BE THE RESPONSIBILITY OF
BURLAP
3
1
do not measure from branch or root tip-to-tip.material with requirements for genus, species, cultivar /variety size and quality.further inspect all plant material upon arrivalto the
site andduring installation for size and condition of root balls androot systems, limbs, branching habit, insects, injuries andlatent defects.unsatisfactory or defective material at
any time during theprocess work.Remove rejected materials immediately fromthe site and replace with acceptable material at no additionalcost to the Owner. Plants damaged in transit
or at job siteshall be rejected.shipment in a manner that will not damage roots, branches,shape and future development.hold ball shape and protect root mass.weight, analysis and name
of manufacturer. Protectmaterials from deterioration during delivery and while storedon site.unless adequate storage and watering facilities are availableon job site.approved moisture
retaining material ifnot planted within 24hours of delivery.balls or desiccation of leaves. Keep plants moist at alltimes. Cover all materials during transport.schedule 72 hours in
advance job site.plumb, or otherwise manipulate plants by trunk or stems.
DRIVE NAIL
5.Owner's Authorized Representative shall inspect all plant6.Owner's Authorized Representative retains the right to7.Owner's Authorized Representative may reject2.Container Grown Plants:
Deliver plants in rigid container to2.Deliver only plant materials that can be planted in one day3.Protect root balls by heeling in with sawdust or other4.Protect plants during delivery
to prevent damage to root5.Notify Owner's Authorized Representative of delivery6.Remove rejected plant material immediately from job site.7.To avoid damage or stress, do not lift, move,
adjust toListed plant heights are from tops of root balls to nominal tops ofplants. Plant spread refers to nominalouter width of the plant,not to the outer leaf tips. Plants will
be individually approved bythe Owner's Authorized Representative and his decision as totheir acceptability shall be final.Anything called for on one and notthe other is as binding as
ifshown and called for on both. The plant schedule is an aid tobidders only. Confirm all quantities on plan.on the plan, and shall be healthy, symmetrical, well-shaped, fullbranched
and well rooted. The plants shall be free from injuriousinsects, diseases, injuries to the bark or roots, broken branches,objectionable disfigurements, insect eggs and larvae, and are
tobe of specimen quality.in any unhealthy, badly shaped or undersized condition will berejected by the Owner's Authorized Representativeeither beforeor after planting and shall be removed
at the expense of theLandscape Contractor and replaced with acceptable plant as
1.Balled and Burlapped (B&B) Plants: Dig and prepare1.Deliver packaged materials in sealed containers showing
A.Preparation:B.Delivery:A.General: Well-formed No. 1 grade or better nursery grown stock.B.Quantities: The drawings and specifications are complimentary.C.Quality and size: Plant materials
shall conform to the size givenD.Approval: All plants which are found unsuitable in growth, or are
PART 2 - PRODUCTS 2.1 PLANTS
1.8 PRODUCT DELIVERY, STORAGE AND HANDLING
OTHER FOREIGN OBJECT;
LATEST AMERICAN STANDARD FORNURSERY STOCK. www.anla.org(2) TIMES THE DIAMETER OF THE ROOTBALL CENTER TREE IN HOLE & RESTROOT BALL ON UNDISTURBED NATIVESOIL.AND ANYCONTAINER GROWN STOCK
TO BEINSPECTED FOR GIRDLING ROOTS.FLARE IS EXPOSED, FREE FROM MULCH,AND AT LEAST TWO INCHES ABOVEGRADE. TREES SHALL BE REJECTEDWHEN GIRDLING ROOTS ARE PRESENT &ROOT FLARE IS NOT APPARENT.MANUFACTUR
ER'S GUIDELINES FORSIZING. PLACE ROOTBALL ANCHORRING ON BASE OF ROOTBALL, TRUNKSHOULD BE IN THE CENTER OF THERING.SOLUTIONS.MANUFACTURER'S GUIDELINES FORSIZING. INSTALL NAIL STAKES
WITHHAMMER OR MALLET FIRMLY INTOUNDISTURBED GROUND.STAKES FLUSH WITH "U" BRACKETADJACENT TO ROOTBALL (DO NOTDISTURB ROOTBALL).
TREE PLANTING DETAIL LEGENDAND NOTES A.TREE: TREES SHALL CONFORM WITHB.TREE PIT: WIDTH TO BE AT LEAST TWOC.ROOT BALL: REMOVE TOP D.ROOT FLARE: ENSURE THAT ROOTE.ROOTBALL ANCHOR RING:
REFER TOF.ROOT ANCHOR BY TREE STAKEG.NAIL STAKE: REFER TO
and bookmaterials.
to select
B.
D.I.
twelve (12) month guarantee. Any damage, includingfertilizer and mulch are to be utilized as originallyspecified and re-inspected for full compliance with the
and kind as those originally planted and shall be plantedas originally specified. All work, including materials,labor and equipment used in replacements, shall carry aruts in lawn or
bed areas, incurred as a result of makingreplacements shall be immediately repaired.at the start of thenext year's planting season. In suchcases, dead plants shall be removed from
the premisesimmediately.contract requirements. All replacements are to beincluded under "Work" of this section.
twelve (12) month period after final acceptance. Thewhich will ensure the purchased materials will meet and / orexceed project specifications.the specified landscape material is not
obtainable, submitwith proposal for use of equivalent material. At the timespecified.document material selection, source and delivery schedulesto site.canes in their normal position.
Do not prune to obtainground for trees up to and including 4" caliper size, andtwelve inches above ground for larger sizes. Measure main
Contractor shall replace all dead materials as soon asweather permits and upon notification of the Owner. Plants,including trees, which have partially died so that shape, size,or symmetry
have been damaged, shall be consideredsubject to replacement. In such cases, theopinion of theOwner shall be final.a.Plants used for replacement shall be of the same sizeb.At the direction
of the Owner, plants may be replacedc.When plant replacements are made, plants, soil mix,will water plants at least twice a week during dry periodsand cultivate beds once a month after
final acceptance.acceptance because of injury from storms, hail, freeze,insects, diseases, injury by humans, machines or theft.inspection by the Owner provided the job is in a complete,undamaged
condition and there is a stand of grass in alllawn areas. At that time, the Owner will assumemaintenance on the accepted work.notice of contract acceptance Develop a program of maintenance
(pruning and fertilization)proof of non-availability to Landscape Architect, togetherbids are submitted, the Contractor is assumed to havelocated the materials necessary to complete
the job aslocation on site. Written verification will be required torequired sizes. Take caliper measurements sixinches abovebody of all plant material of height and spread dimensions,
regulations governing landscape materials and work.C.
4.Measurements: Measure trees with branches and trunks or
2.The Owner agrees that for the guarantee to be effective, he3.The above guarantee shall not apply where plants die after4.Acceptance for all landscape work shall be given after finalmade
within ten (10) days after receiving notice, weatherpermitting. In the event the Landscape Contractor does notmake repairs accordingly, the Owner, without further notice toContractor,
may provide materials and men to make such repairsat the expense to the Landscape Contractor.with the required work. Provide full time supervision by aqualified foreman acceptable
to Landscape Architect.2.Substitutions: Do not make plant material substitutions. If3.Landscape Architect will provide a key identifying each tree
1.Trees, shrubs and groundcover shall be guaranteed for a1.Make contact with suppliers immediately upon obtaining
A.General: Comply with applicable federal, state, county and local
C.Repairs: Any necessary repairs under the Guarantee must beB.Personnel: Employ only experienced personnel who are familiarC.Selection of Plant Material:
E.
A.
1.7 QUALITY ASSURANCE
F.H.
G.
TREE PLANTING DETAIL NOT TO SCALE
01
maintenance of all work from the time of planting until finalacceptance by the Owner. No trees, shrubs, groundcover orgrass will be accepted unless they show healthy growth andsatisfactory
foliage conditions.cultivation, weeding spraying, edging, pruning of trees,mowing of grass, cleaning up and all other work necessaryof maintenance.should be submitted to the Owner at
least seven (7) daysprior to completion. An on-site inspection by the Owner'sAuthorized Representative will be completed prior to writtenacceptance.
special provisions, and schedules for additional requirements.equipment and appliances required to complete the work coveredin conjunction with the landscaping covered in thesespecifications
and landscaping plans, including:2. Bed preparation and fertilization3. Notification of sources4. Water and maintenance until final acceptance5. GuaranteeAssociation of Nurserymen:
27 October 1980, Edition; bymaterialEdition of Standardized Plant Names.mulch, bed mix material, gravel, crushed stone, steel edging andtree stakes. Samples shall be approved by Owner's
AuthorizedRepresentative before use on the project.Landscape Contractor initiating any portion of landscapeinstallation, General Contractor shall leave planting bed areasthree (3")
inches below final finish grade of sidewalks, drives andcurbs as shown on the drawings. All lawn areas to receive solidsod shall be left one (1") inch below the final finish grade
ofsidewalks, drives and curbs. All construction debris shall beremoved prior to Landscape Contractor beginning any work.risk of the Landscape Contractor. The Owner cannot be heldresponsible
for theft or damage.2.Maintenance shall include watering of trees and plants,3.A written notice requesting final inspection and acceptance
1. Planting (trees, shrubs and grasses)1.The Landscape Contractor shall be held responsible for the
A.Refer to Landscape Plans, notes, details, bidding requirements,A.Work included: Furnish all supervision, labor, materials, services,A.American Standard for Nursery Stock published
by AmericanB.American Joint Committee on Horticultural Nomenclature: 1942C.Texas Association of Nurserymen, Grades and StandardsD.Hortis Third, 1976 - Cornell UniversityA.Samples:
Provide representative quantities of sandy loam soil,A.General Contractor to complete the following punch list: Prior toB.Storage of materials and equipment at the job site will be
at theA.Maintenance:B.Guarantee:
SECTION 32 9300 - LANDSCAPEPART 1 - GENERAL
1.1 REFERENCED DOCUMENTS1.2 DESCRIPTION OF WORK1.3 REFERENCE STANDARDS1.4 NOTIFICATION OF SOURCES AND SUBMITTALS1.5 JOB CONDITIONS1.6 MAINTENANCE AND GUARANTEE
EXHIBIT "C" Page 3 of 3
2
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EXHIBIT Page
AUSTIN, TEXAS 78746
4407 BEE CAVES ROAD, SUITE 212
HAT CREEK BURGER COMPANY CLIENT:
WWW.IDSTUDIO4.COM
TEL: 972.870.1288
IRVING, TEXAS 75038
1431 GREENWAY RD. SUITE 510
COPPELL, TEXAS 75019
150 WEST SOUTH HIGHWAY 121
08/08/19
COPPELL, TX
HAT CREEK BURGER COMPANY
SHEET TITLE:SHEET NUMBER:
KEY NOTES:GENERAL NOTES:
234
1/4"=1'-0"1/4"=1'-0"1/4"=1'-0"
EAST ELEVATION
WEST ELEVATION
NORTH ELEVATION
1
1/4"=1'-0"
SOUTH ELEVATION
2
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: Sep 24, 2019
Reference: Consider approval of a contract with Dallas County Health and Human Services
for mosquito adulticiding and larvaciding from October 1, 2019 through
September 30, 2020.
2030: Community Wellness & Enrichment
General Information:
Contract with Dallas County Health and Human Services for mosquito adulticiding and
larvaciding.
Introduction:
The City of Coppell Environmental Health Division has an Integrated Mosquito Management
Program. If West Nile Virus or any other viruses are detected in mosquito samples or confirmed
human cases, adulticiding is necessary andDallas County will perform ground spraying.
Analysis:
If areas that have tested positive are not treated as quickly as possible, disease can continue to spread,
so response time with chemical treatment is an important factor in slowing down disease transmission.
Legal Review:
N/A
Fiscal Impact:
The fiscal impact of this Agenda item, if needed, should not exceed $60,000.
Recommendation:
The Community Development Department recommends approval.
1
STATE OF TEXAS§MOSQUITO GROUND CONTROL AGREEMENTBETWEEN
§DALLAS COUNTY,TEXAS,ON BEHALF OFTHEDALLAS
§COUNTY HEALTHAND HUMAN SERVICES DEPARTMENT,AND
COUNTY OF DALLAS§THECITYOF COPPELL, TEXAS,A MUNICIPALITY
1.PARTIES
This Interlocal Agreement(“Agreement”)isan Interlocal contractmade by and between the
Cityof Coppell, Texas, a “Municipality” as defined by Section 1.005(3) of the Texas Local
Government Code (“Municipality”),and Dallas County, Texas(“County”), on behalf of the
Dallas County Health and Human ServicesDepartment(“DCHHS”), based ontheauthority of
theInterlocalCooperation ActinChapter 791of the Texas Government Code,andthe Local
Public Health Reorganization Act in Chapter 121 of theTexas Health and Safety Code,to
protect the public health by controlling the population ofmosquitosbyground sprayingofadult
mosquitoes (“adulticiding”)and by treating standing water to destroy mosquito larvae
(“larvaciding”)in orderto prevent and control the outbreak of diseases associated with
mosquitoes.
2.DURATIONOF THIS AGREEMENT
This Agreement is effective from October 1, 2019through September 30, 2020,unless
otherwise stated in this Agreementthe (“Term”).
3.ADULTICIDING AND LARVACIDING SPRAYING SERVICES
A.Upon written request from Municipality, County will provide adulticiding and larvaciding by
way of ground applicationat the rate set forth in Paragraph 4;
B. In the event that aerialspraying is needed to control the St. Louis Encephalitis or the West
Nile virus throughout the County, Municipalitywill have the option to participate in the
County’s separate emergencyaerialmosquito sprayingplan.IfMunicipalityagreesto
participate in theCounty’s separate emergency aerial mosquito sprayingplan, Municipality
must provide written notice to County and agreein writingto the following:
1)Indicatein writingthe areas and amount of acres to be sprayed; and
2)Pay Municipality’s proportioned share of the cost based upon the number of acres to
be sprayed multiplied by the per-acre spraying cost, as determined by County.
4.BUDGET AND PAYMENTBY MUNICIPALITYTO COUNTY
A.Municipalitywillpay County at a rate of One Hundred Eighty-Five($185.00) Dollars per
hour, with a minimum of one (1) hour of service assessed.
B.After the initial one (1) hour minimumservice time for a given day of spraying, spraying
services will be assessedusingthirty (30) minuteminimumintervals.
C.Only spraying time will be assessed. Travel time to or from the siteof ground spraying or
treating standing water will not be assessed.
D.Municipalitymustpay County the assessedfees within thirty (30) days ofreceipt by
Municipality ofthe monthly written request for payment, or if County fails to make any
written payment request(s), then Municipalitywillpay any remaining assessedfees no
later thanthelast day of theTerm of this Agreement.
E.Any payment not made within thirty (30) days of its due date willbear interest in
accordance with Chapter 2251 of the Texas Government Code.Municipality’s obligation
MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & MUNICIPALITY 2019—2020
1
to pay fees assessed and interest accrued under this Agreementwill survive the Term of
this Agreement until the Municipality pays the assessed fees and accrued interest.
5.AUDITINGAND WITHHOLDING OF PAYMENTS
The Dallas County Auditor has the exclusive right and authority to audit this Agreement or to
demand access to or copies of County’s records concerning this Agreement or the County’s
administration of this Agreement. Municipality will have no right or authority to audit this
Agreementor to demand access to or copies of County’s records concerning this Agreement
or the County’s administration of this Agreement. Municipality has no right to withhold
payments to County pending any audit of or inquiry about this Agreement or the County’s
administration of this Agreement.
6.TERMINATION
A.Without Cause: This Agreement may be terminated in writing, without cause, by either
party upon thirty (30) days prior written notice to the other party.
B.With Cause: The County reserves the right to terminate the Agreement immediately, in
whole or in part, at its sole discretion, for the following reasons:
1)Municipality’s lack of or reduction in funding or resources, financial or otherwise;or
2)Municipality’s misuse of resources,financial or otherwise;or
3)Municipality’s failure to comply with the terms of this Agreement; or
4)Municipality’s submission of inaccurate, incomplete,or false data, statements,or
reports.
7.NO INDEMNIFICATION
COUNTY AND MUNICIPALITY, INCLUDING THEIR RESPECTIVE ELECTED OFFICIALS
AND EMPLOYEES, AGREE THAT EACH WILLBE RESPONSIBLE FOR ITS OWN
NEGLIGENT ACTS OR OMISSIONS OR OTHER TORTIOUS CONDUCT IN THE COURSE
OF PERFORMANCE OF THIS AGREEMENT, WITHOUT WAIVING ANY GOVERNMENTAL
IMMUNITIES AVAILABLE TO COUNTY OR MUNICIPALITYUNDER TEXASLAWOR
OTHER APPLICABLE LAWS AND WITHOUT WAIVING ANY AVAILABLE DEFENSES
UNDER TEXASLAWOR OTHER APPLICABLE LAWS.NOTHING IN THIS PARAGRAPH
MAYBE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, IN OR TO ANYTHIRD PERSONS OR ENTITIES.
8.INSURANCE
Municipalityagrees that Municipalitywill at all times during the Term of this Agreement
maintain in full force and effect general liability insurance;or self-insurance, to the extent
permitted by applicable law under a plan of self-insurance, that is also maintained in
accordance with sound,generally acceptedaccounting practices.Municipalityexpressly
understandsandagreesthat it issolely responsible for1)all costsof such general liability
insurance; 2) any and all deductible amounts in anygeneral liabilityinsurancepolicy; and3)
any liability in the event that anyinsurance company deniescoveragefor any incident
reasonably related to the performance of this Agreement.
9.NOTICE
Any notice or certification required or permitted to be delivered under this Agreementwillbe
deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours
after deposit of the notice or certification in the United States Mail, postage prepaid, by
MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & MUNICIPALITY 2019—2020
2
certified or registeredmail, return receipt requested, and properly addressed to the contact
person shown at theirrespective addresses set forth below, or at suchother addresses as
maybe specified by written notice delivered by the methods described above in this
subsection:
Dallas County, TexasCity of Coppell,Texas
Philip Huang,DirectorKaren Hunt, Mayor
Dallas County Health& Human SvcsCity of Coppell
2377N. Stemmons Frwy, Suite 600265 Parkway Blvd
Dallas, Texas75207-2710Coppell, TX 75019
10.ENTIRE AGREEMENT AND AMENDMENTS
This Agreement, including any Exhibits and Attachments, constitutes the entire agreement
between the parties and supersedes any other agreementconcerning the subject matter of
this transaction, whether oral or written.No modification, amendment, novation, renewal,or
other alteration of this Agreement canbe effective unless mutually agreed upon in writing and
executed by the parties.
11.COUNTERPARTS, NUMBER, GENDER,AND HEADINGS
This Agreement may be executed in multiple counterparts, each of which willbe deemed an
original, but all of which willconstitute one and the same instrumentwhen considered together
in context.Words of any gender used in this Agreement willbe held and construed to include
any other gender any words in the singular willinclude the plural and vice versa, unless the
context clearly requires otherwise.Headings are for the convenience of reference only and
cannotbe considered in any interpretation of this Agreement.
12.SEVERABILITY
If any termof this Agreement is construed to be illegal, invalid, void or unenforceable, this
construction will not affect the legality or validity or any of the remaining terms.The
unenforceable or illegal termwill be deemed stricken and deleted, but the remaining terms
willnot be affected or impaired and such remaining termswillremain in full force and effect.
13.FISCAL FUNDING CLAUSE
Notwithstanding any terms contained in this Agreement, the obligations of the County under
this Agreement areexpressly contingent upon the availability of funding for each item and
obligation for the Term of the Agreement and any pertinent extensions. Municipalityhasno
right of action against County in the event County is unable to fulfill its obligations under this
Agreement as a result of lack of sufficient funding for any item or obligation from any source
utilized to fund this Agreement or failure to budget or authorize funding for this Agreement
during the current or future fiscal years. In the event that County is unable to fulfill its
obligations under this Agreement as a result of lack of sufficient funding, or if funds become
unavailable, County, at its sole discretion, may provide funds from a separate source or may
terminate this Agreement by written notice to Municipalityat the earliest possible time prior to
the end of its fiscal year.
14.DEFAULT-CUMULATIVE RIGHTS-MITIGATION
It is not a waiver ofdefault if the non-defaulting party fails to immediately declare a default or
delays in taking any action. The rights and remedies provided by this Agreement are
cumulative, and either party’s use of any right or remedy will not preclude or waive its right to
use anyother remedy. These rights and remedies are in addition to any other rights the parties
may have by law, statute, ordinance,or otherwise. Both parties have a duty to mitigate
damages.
MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & MUNICIPALITY 2019—2020
3
15.SOVEREIGN IMMUNITY
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO MUNICIPALITY’S AND
COUNTY’S GOVERNMENTALIMMUNITIES,INCLUDING, WITHOUT LIMITATION, TITLE
5 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE AND ALL APPLICABLE
STATE AND FEDERAL LAWS.THE PARTIES EXPRESSLY AGREE THAT NO TERMOF
THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER OF ANY
IMMUNITIES FROM SUIT OR FROM LIABILITY, OR A WAIVER OF ANY TORT
LIMITATION, AND ANY DEFENSESTHAT MUNICIPALITYOR COUNTY HAVEBY
OPERATION OF LAW, OR OTHERWISE. NOTHING IN THIS AGREEMENT IS INTENDED
TOOR DOESBENEFIT ANY THIRD PARTY BENEFICIARY.
16.COMPLIANCE WITHLAW, CHOICE OF LAW,AND VENUE
In providing services required by this Agreement, Municipalityand County must observe and
comply with all licenses, legal certifications, or inspections required for the services, facilities,
equipment, or materials, and all applicable Federal, State, and local statutes, ordinances,
rules, and regulations.The laws of the Stateof Texas govern thisAgreement. Exclusive venue
for any action or claimarising from this Agreement isinthe State or Federal District Courts
that are physicallylocated in DallasCounty, Texas.
17.RELATIONSHIP OF PARTIES
County and Municipalityare eachindependent political subdivisions of the State of Texas.
Neither is an agent, servant, joint enterpriser, joint venturer, or employee of the other.
Municipalityand County agree and acknowledge that each governmental entity willbe
responsible for its own acts, forbearance, negligence and deeds, and for those of its agents
or employees in conjunction with the performance of work covered under this Agreement.
The remainder of this page is intentionally left blank.
MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & MUNICIPALITY 2019—2020
4
18.SIGNATORY WARRANTY
Municipalityand County represent that each has the full right, power,and authority to enter
and perform this Agreement in accordance with all of itsterms and conditions, and that the
execution and delivery ofthisAgreement hasbeen made by authorized representatives of
the parties to validly and legally bind the parties to all terms set forth in this Agreement.
COUNTY:MUNICIPALITY:
BY:Clay Lewis Jenkins BY:
County JudgeMayor or City Manager
Dallas County, TexasCity of Coppell,Texas
DATESIGNED:______________________DATESIGNED:
Recommended:
____________________________________
BY:Philip Huang
Director, DCHHS
Dallas County, Texas
Approved as to Form*:Approved as to Form:
DALLAS COUNTYMUNICIPALITY
JOHN CREUZOT
District Attorney
BY:Randall MillerBY:
Assistant District Attorney
Civil DivisionAttorney for Municipality
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients.
It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was
conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the
benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own
respective attorney(s).
MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & MUNICIPALITY 2019—2020
5
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: Sep 24, 2019
Reference: Consider approval of a contract for the renewal of the Dallas County Health and
Human Services Agreement, effective October 1, 2019 through September 30,
2020, in the amount of $3,131.00; as budgeted; and authorizing the Mayor to sign
any necessary documents.
2030: Community Wellness & Enrichment
General Information:
Contract with Dallas County Health and Human Services for Health Services.
The County will provide our residents the following health services: Tuberculosis
Control Services; Sexually Transmitted Disease Control Services; Communicable
Disease Control Services; and Laboratory Service.
The County will provide our residents the following health services, Immunizations;
Child health care; High risk infant case management; and Home visits.
Introduction:
This agenda item is for the renewal of an Interlocal Agreement for coordinated Health Services
between the City of Coppell and Dallas County Health and Human Services. The County agrees to
operate the Program, which will include the following Health Services: Tuberculosis Control
Services; Sexually Transmitted Disease Control Services; Communicable Disease Control Services;
and Laboratory Services. The County agrees to provide to the City, in accordance with state and
federal law, the following public health services: Immunizations; Child health care; High risk infant
case management; and Home visits.
Analysis:
This agreement has been in existence for 20 plus years, and the City is billed by the County monthly.
The billing amount has remained the same for 10 plus years.
1
Legal Review:
N/A
Fiscal Impact:
The fiscal impact of this Agenda item should not exceed $3,131.00.
Recommendation:
The Community Development Department recommends approval.
2
THESTATEOFTEXAS
§
INTERLOCALAGREEMENTFOR
§
COORDINATEDHEALTHSERVICES
§
BETWEENDALLASCOUNTY,TEXAS,ON
§BEHALFOFDALLASCOUNTYHEALTHAND
§HUMANSERVICES,ANDTHECITY
COUNTYOFDALLASOFCOPPELL,TEXAS
§
1.PARTIES
Whereas,DallasCounty("County")hasofferedtoprovidecertainhealthservicestothevarious
citiesthroughoutDallasCountyonacontractforservicesbasis;and
Whereas,theCityofCoppell,Texas("City")desirestoparticipatewithCountyin
establishingcoordinatedhealthservicesforCity/TownandDallasCounty;and
Whereas,Countywilloperatecertainhealthservicesfor theresidentsofCityinorderto
promotetheeffectivenessoflocal publichealthservicesandgoals("Program");and
Whereas,thecooperativeeffortwillallowcitieslocatedwithinDallasCountytoparticipatein
providingpublichealthservicesfortheirresidents;and
Whereas,suchcooperativeeffortservesandfurthersthepublicpurposeandbenefitsthecitizensof
Countyasawhole.
Nowtherefore,County,onbehalfofDallasCountyHealthandHumanServices("DCHHS"),enters
intothisInterlocalAgreement("Agreement")withCity,pursuanttotheauthoritiesoftheTexas
HealthandSafetyCodeChapter121,theTexasGovernmentCodeChapter791,andother
applicablelawsforhealthservicestoCity.
2.HEALTHSERVICESTOBEPERFORMED
A.CountyagreestooperatetheProgram,whichwillincludethefollowinghealthservices:
1)TuberculosisControlServices:providingpreventive,diagnostictreatment,and
epidemiologicalservices;
2)SexuallyTransmittedDiseaseControlServices:consistingofeducationtomotivate
peopletousepreventivemeasuresandtoseekearlytreatment,prophylaxis,
epidemiological investigation,andcounselinginaccordancewithCountypolicy;
3)CommunicableDiseaseControlServices:providinginformationconcerning
immunizationandcommunicablediseasesandcoordinatingwiththeTexas
DepartmentofStateHealthServices("DSHS")inmonitoringcommunicable
diseases;
ILAFORCOORDINATEDHEALTHSVCSBETWDALLASCOUNTY&CITY OF COPPELL-FY2020 1
4)LaboratoryServices:performingchemical,biological,andbacteriologicalanalysis
andtestsonwhicharebaseddiagnosisofdisease,effectivenessoftreatment,the
qualityoftheenvironment,thesafetyofsubstanceforhumanconsumption,andthe
controlofcommunicabledisease.
B.CountyagreestoprovidetoCity,inaccordancewithstateandfederallaw,thefollowing
publichealthservices:
1)Immunizations;
2)Childhealthcare;
3)Highriskinfantcasemanagement;and
4)Homevisits.
CountyalsoagreestoworkwithCityinordertodecentralizeclinicsandto planand
providefordesiredservicesbyCity;however,anyotherservicesthatCityre-quires,in
additiontotheabove-mentionedservices,mayresultinadditionalfeestoCity.
C.Countyagreestochargeasliding-scalefeebased onabilitytopaytoallresidentsofevery
municipality,includingCity,inDallasCounty.ThefeeschargedbyCountyforthe
serviceslisted in Section 2A ofthisAgreementwillbeusedtooffsettheCity's
Program costsforthenextAgreementTerm.AscheduleoffeestobechargedbyCountyis
setoutinExhibit A,attachedandincorporatedhereinbyreferenceforallpurposes.
D.CountyagreesthatthelevelofserviceprovidedintheProgramforCitywillnotbe
diminishedbelowthelevelofserviceprovidedtoCityforthesameservicesintheprior
AgreementTermexceptasindicatedinSection2EofthisAgreement.Forpurposesof
Section2E,levelofserviceismeasuredbythenumberofpatientvisitsandnumberof
specimensexamined.CountywillsubmittoCityamonthlystatement,whichwillalsoinclude
thenumberofpatientvisitsandnumberofspecimens examinedduringtheprecedingmonth.
E.ThepossibilityexistsofreductionsinstateandfederalfundingtotheProgramthatcould
resultincurtailmentofservices,ifnotsubsidizedatthelocallevel.Countywillnotify
Cityinwritingofanyamountofreduction,andanyextenttowhichserviceswill be
curtailedasaresult.ThenoticewillalsoincludeanamountthatCitymayelecttopayto
maintaintheoriginallevelofservices.CitywillnotifyCountyinwritingnolaterthan
reduction
fourteen(14)calendardaysafterthedateofCity'sreceiptofthenoticeoffunding
astoCity'sdecisiontopaytherequestedamountortoacceptthecurtailmentofservice.If
Cityelectstopaytherequestedamount,paymentisduenolaterthanforty-five(45)
calendardaysafterthedateofthenoticeoffundingreduction.
3.BUDGET
ILAFORCOORDINATEDHEALTHSVCSBETWDALLASCOUNTY&CITY OF COPPELL-FY2020 2
A.CountyagreestosubmittoCitybyJuly31stofeachyearaproposedbudgetdescribingthe
proposed levelofservicesforthenextAgreementTerm;
B.FortheTermofthisAgreement,Countyagreesto providetheserviceslistedinSection2of
thisAgreementatthelevelofservicesandfortheamountstatedinExhibitD,whichis
attachedandincorporatedhereinbyreferenceforallpurposes;
C.Payment.Cityshallpay County the following amount,as stated in Exhibit D,
Threethousand one hundred thirty-oneand00/100Dollars($3,131.00),whichisthe
agreeduponamountforCity'sshareofthetotalcostoftheProgramlessfederalandstate
funding.
D.Inlieuofpayingtheactualdollaramountstatedin this Agreement,Cityhastheoption,tothe
extentauthorizedbylaw,ordinancesorpolicy,ofmakingarequesttonegotiateforin-kind
servicesthatareequalinvaluetothetotalamount.
E.ThisAgreementiscontingentuponCity'sappropriationoffunds,orabilitytoperformin-
kindservicesasdescribedinSection3DofthisAgreement,fortheservicessetforth
herein.In the eventCity/Townfailstoappropriatesuch funds,orprovidein-kindservices,
CountyshallnotincuranyobligationsunderthisAgreement.
4.ASSURANCES
A.CountyshalloperateandsupervisetheProgram.
B.NothinginthisAgreementshallbeconstruedtorestricttheauthorityofCityoveritshealth
those
programsorenvironmentalhealthprogramsortolimittheoperationsorservicesof
programs.
C.CityagreestoprovidetoCountyorassistCounty inprocuringadequatefacilitiesto beused
fortheservicesunderthisAgreement.Thesefacilitiesmusthave adequatespace,waiting
areas,heating,airconditioning,lighting,andtelephones.Noneofthecostsand
maintenanceexpensesassociatedwiththesefacilitiesshallbetheresponsibilityofCounty
andCountyshallnot beliabletoCityoranythirdpartyfortheconditionofthe
facilities,includinganypremisesdefects.
D.CityandCountyagreethatothercities/towns/municipalitiesmayjointheProgramby
enteringintoanagreementwithCountythatcontainsthesamebasic termsandconditionsas
thisAgreement.
E.Eachpartypayingfortheperformanceofgovernmentalfunctionsorservicesunderthis
Agreementmustmakethosepaymentsfromcurrentrevenuesavailabletothepayingparty.
ILAFORCOORDINATEDHEALTHSVCSBETWDALLASCOUNTY&CITY OF COPPELL-FY2020 3
5.FINANCING OFSERVICES
A.ThehealthservicesprovidedunderthisAgreementwillbefinancedasfollows:
1)CityandCountywillmakeavailable totheProgramallappropriatefederalandstate
funds,personnel,andequipmenttoprovidethehealthservicesincludedunder this
Agreementandwilluse besteffortstocausethesefundsandresourcestocontinue
toincrease.
2)CityshallpaytoCounty,orprovidein-kindservices,itsshareofbudgetedcosts
thatareinexcessofthefederalandstatefundingforprovidingthehealth
servicesunderthisAgreement.Budgetedcostsshallnotexceedthosereflectedin
Exhibits
B,C.andDfortheappropriateAgreementTerm.
B.CountyshallbillCityeachmonthanamountequaltoone-twelfth(1/12)ofitsshareofannual
budgetedcoststhatexceedfederalandstatefundingfortheexpensesoftheprecedingmonth.
C.Anypaymentnotmadewithinthirty(30) calendardaysofitsduedateshallbearinterestin
accordancewithChapter2251oftheTexasGovernment Code.
D.CityandCountyagreethatnomorethantenpercent(10%)oftheCity'scostof
participatingintheProgramwillbeusedforadministrationoftheProgram.
6.TERM
TheTermofthisAgreementshallbeeffectivefromOctober 1,2019throughSeptember30,2020,
unlessotherwisestatedinthisAgreement.
7.TERMINATION
A.WithoutCause:ThisAgreementmaybe terminatedinwriting,withoutcause,byeitherparty
uponthirty(30)calendardayspriorwrittennoticetotheotherparty.
B.WithCause:EitherpartymayterminatetheAgreementimmediately,inwholeorinpart,at
itssolediscretion,bywrittennoticeto theotherparty,forthefollowingreasons:
1)Lackof,orreductionin,fundingorresources;
2)Non-performance;
3)Theimproper,misuse,orinept useoffundsorresourcesdirectlyrelatedtothis
Agreement;
4)Thesubmissionofdata,statements,and/orreportsthatisincorrect,incomplete,
and/orfalse in anyway.
4
ILAFORCOORDINATEDHEALTHSVCSBETWDALLASCOUNTY&CITYOF COPPELL-FY2020
8.RESPONSIBILITY
CountyandCityagreethateachshallberesponsibleforitsownnegligentactsor
omissionsorothertortiousconductinthecourseofperformanceofthisAgreement,without
waivinganygovernmentalimmunityavailabletoCountyorCityortheirrespectiveofficials,
officers,employees,oragentsunderTexasorotherlawandwithoutwaivinganyavailable
defensesunderTexasorotherlaw.Nothinginthisparagraphshallbe construedtocreateor
grantanyrights,contractualorotherwise,inortoanythirdpersonsorentities.
9.INSURANCE
City and County agreethatthey will,atalltimesduring the Term of thisAgreement,maintaininfull
force and effectinsuranceorself-insurance totheextentpermittedby applicable laws.City and
County willbe responsible fortheirrespectivecosts of suchinsurance,any and all deductible
amounts in any policy and any denials of coveragemade by theirrespective insurers.
10.ACCESSTORECORDSRELEVANTTOPROGRAM
Cityand County agreetoprovide tothe other upon request, copies of the books and records
relatingtotheProgram. City and County further agreetogiveCity and County healthofficials
accesstoall Program activities. Both City andCounty agreetoadheretoallapplicable
confidentiality provisions,includingthose relatingtoHuman Immunodeficiency Virus (HIV)and
wellasby
Sexually Transmitted Disease(STD)information,asmandated by federal and statelaw,as
DSHS.
11.NOTICE
Anynotice tobe givenunder thisAgreementshall be deemedtohavebeengivenifreducedto
writing and deliveredin person bya reputablecourier service or mailed by RegisteredMail, postage
pre-paid, tothe party whoistoreceivesuch notice,demandor request at the addressesset forth
below. Suchnotice, demand orrequest shall be deemedtohavebeengiven,if by courier, at the time
ofdelivery,orifbymail,three (3)business dayssubsequent tothe deposit of the notice inthe United
Statesmailinaccordanceherewith. Thenames andaddresses of the parties'hereto to whom notice
isto be sent are as follows:
Philip Huang, MD, MPH, DirectorChristel Pettinoes,City Secretary
Dallas CountyHealth& Human Services
Cityof Coppell
255Parkway Blvd.
2377N.StemmonsFreeway, LB12
Coppell, TX 75109
Dallas, TX75207-2710
(972)304-3669
12.IMMUNITY
ThisAgreementisexpresslymadesubjecttoCounty'sandCity'sGovernmental
Immunity,including,withoutlimitation,Title5 oftheTexasCivilPracticesandRemedies
Code,andallapplicablefederalandstatelaws. Thepartiesexpresslyagreethatnoprovisionof
thisAgreementisinanywayintendedtoconstitutea waiverofanyimmunitiesfromsuitor
from liability,or a waiverofanytortlimitation, thatCityorCountyhasbyoperationof
5
ILA FORCOORDINATED HEALTHSVCSBETW DALLAS COUNTY & CITY OF COPPELL-FY2020
law or otherwise.NothinginthisAgreementisintended to benefitanythirdparty beneficiary.
13.COMPLIANCE WITH LAWS ANDVENUE
In providingservicesrequiredbythisAgreement, CityandCountymust observeandcomplywith
alllicenses,legalcertifications,orinspectionsrequiredfortheservices,facilities,equipment, or
materials,andallapplicablefederal, State,andlocalstatutes, ordinances,rules, andregulations.
TexaslawshallgovernthisAgreementandexclusivevenueshalllieinDallasCounty, Texas.
14.AMENDMENTSANDCHANGESINTHELAW
Nomodification,amendment,novation, renewal, or other alteration of thisAgreementshallbe
effectiveunless mutuallyagreed upon inwriting andexecutedby the partieshereto. Anyalteration,
addition or deletiontothe termsof thisAgreementwhichare requiredby changes in federal or state
law are automaticallyincorporated hereinwithout writtenamendmenttothis Agreementandshallbe
effective on thedatedesignated by saidlaw.
15.ENTIREAGREEMENT
This Agreement,includingallExhibits and attachments,constitutesthe entireagreementbetweenthe
parties heretoand supersedes any other agreements concerning the subject matterof this transaction,
whether oral orwritten.
16.BINDING EFFECT
This Agreement andthe respective rightsand obligations of the partiesheretoshall inure tothe
benefit and be binding upon the successors and assignsofthe parties hereto,aswellasthe parties
themselves.
17.GOVERNMENT FUNDED PROJECT
If this Agreementis funded in part byeither the Stateof Texasor the federalgovernment, County
and City agreetotimelycomply without additional costorexpense totheother party,unless
otherwise specifiedherein, to any statute,rule,regulation,grant,contract provision or other stateor
federallaw,rule,regulation, orothersimilarrestrictionthat imposes additional or greater
requirements thanstatedherein and thatis directlyapplicable to the servicesrendered under the
termsof thisAgreement.
18.DEFAULT/CUMULATIVE RIGHTS/MITIGATION
In the event of a default by either party,itis not a waiver of default ifthe non-defaulting party failsto
immediatelydeclare a defaultor delaysin taking any action. The rightsandremediesprovided by
thisAgreementare cumulative,and eitherparty'suseof any right orremedywillnot preclude or
waiveitsright touse any other remedy . Theseright s and remedies are inaddition toany other rights
the parties mayhavebylaw,statute,ordinance,or otherwise. Both parties havea duty tomitigate
damages.
ILA FORCOORDINATED HEALTHSVCSBETW DALLAS COUNTY & CITY OF COPPELL-FY2020
6
19.FISCALFUNDINGCLAUSE
Notwithstandingany provisions contained herein, the obligations of County and City under this
Agreementareexpressly contingent upon theavailabilityof funding foreachitem and obligation
contained hereinfor the Term of theAgreementand any extensions thereto. City and Countyshall
have no right of actionagainst the otherpartyin theeventtheotherpartyis unable tofulfillits
obligations under thisAgreementas a result of lackof sufficient funding for any itemorobligation
from any source utilizedto fund thisAgreementor failure tobudgetor authorize funding forthis
Agreement during thecurrent or future AgreementTerms.In the event that County or City is unable
tofulfillits obligations under thisAgreementas a result of lack of sufficient funding,or iffunds
becomeunavailable,eachparty, atitssole discretion,mayprovide funds from a separatesource
ormayterminatethisAgreementby writtennotice tothe otherpartyatthe earliestpossibletime.
20.COUNTERPARTS,NUMBER,GENDERANDHEADINGS
This Agreementmaybe executedinmultiple counterparts, each of whichshallbe deemedan
original, but allof whichshall constitute one and thesameinstrument. Words of any gender usedin
thisAgreementshallbe heldand construed to include any other gender. Any words inthe singular
shall include the plural andviceversa,unless thecontext clearly requires otherwise. Headingsherein
are for the convenienceofreference only and shallnot beconsidered inany interpretation of this
Agreement.
21.PREVENTION OFFRAUDANDABUSE
City andCountyshallestablish, maintain, andutilizeinternalmanagementprocedures
sufficienttoprovidefortheproper, effectivemanagementofallactivitiesfundedunderthis
Agreement.AnyknownorsuspectedincidentoffraudorprogramabuseinvolvingCountyor
City'semployeesoragentsshallbereportedimmediatelyforappropriateaction.Moreover,City
andCountywarranttobenotlistedon a local, county, state, orfederalconsolidatedlistofdebarred,
suspended, andineligiblecontractorsandgrantees.City andCountyagreethateverypersonwhoas
partoftheiremployment,receives,disburses, handlesorhasaccesstofundscollectedpursuantto
thisAgreementdoesnotparticipateinaccountingoroperatingfunctionsthatwouldpermitthem
toconcealaccountingrecordsandthemisuseofsaidfunds.Eachpartyshall,uponnoticebythe
otherparty, refundtheirrespectiveexpendituresthatarecontrarytothisAgreement.
22.AGENCY I INDEPENDENT CONTRACTOR
County and City agreethatthetermsand conditions of this Agreement do not constitute the
creation of a separatelegalentity or the creationoflegalresponsibilities of eitherparty other than
under the termsof thisAgreement. County and City are and shallbe actingasindependent
contractors under thisAgreement; accordingly , nothing containedinthisAgreementshall be
construed as establishing a master/servant,employer/employee, partnership, joint venture,orjoint
enterprise relationshipbetweenCounty and City. City and County are responsible for theirown
or
acts,forbearance,negligenceand deeds,and for those of theirrespectiveofficials,agents
employeesinconjunction withthe performance of work covered under thisAgreement.
ILA FORCOORDINATED HEALTHSVCSBETW DALLAS COUNTY & CITY OF COPPELL-FY2020
7
EXHIBIT A
FY 2020FEESCHEDULE
SEXUAL HEALTH CLINIC INFECTIOUS DISEASES
Office Visits$20/visitNon-Contagious Disease Certification Letter $20 each
Blood Drawing $5 each
Chemical Lesion Reduction $45 each
Medical Records Copies $5 each
Cryotherapy $15 each
TUBERCULOSIS CLINIC
TB Testing-Level I (Office Visit) $30/Visit Comprehensive TB Testing & $80 each
TB Testing-Level II (IGRA) $50 each Evaluation (Incl. Chest X-ray)
Chest X-Ray Copies $5 each
LABORATORY
GC Culture $14 each Pregnancy Test $20 each
GEN Probe GC/CT Combo $15.00 each Urinalysis $15 each
Trichomonas Testing $17 each Dark Field $16 each
HIV 1&2 Test $15 each Herpes Culture $38 each
HIV Test - Rapid $20 each HIV-1 RNA Testing $115 each
MTB Testing for TB $85 each HIV-1 Quant Assay Testing $80 each
TB Culture & Concentration $25 each Herpes Type 1 & 2 Serology $50 each
TB Identification $15 each Residual Clinical Specimens $5 each
TB Susceptibility $31 each
TB Acid Fast Stain $8 each
NURSING SERVICE
Hepatitis A Havrix* $55/Injection Varivax* $155/Injection
Hepatitis B Vaccine* $60/Injection Meningococcal (MCV4)* $135/Injection
Twinrix $95/Injection Zostavax (Shingles)* $255/Injection
Rabies (PE) $340/Injection Gardasil (HPV)* $195/Injection
IPV $45/Injection Hepatitis A (Pediatric) $40/Injection
Pneumococcal* $125/Injection Hepatitis B (Pediatric) $40/Injection
Adacel (Pertusis) (Tdap) $65/injection DT $70/Injection
HIB $45/injection DTaP (Daptacel) $45/Injection
Japanese Encephalitis $345/Injection DTap-HepB-IPV $85/Injection
Meningococcal (Menomune) $145/Injection DTaP-IPV $65/Injection
Typhoid (Polysaccharide) $85/Injection Rotavirus $130/Injection
Typhoid (Oral) $65/box PCV13 $225/Injection
Yellow Fever Vaccine** $160/Injection MMR* $95/Injection
Boostrix Vaccine*(Tdap) $50/Injection Communicable Disease Program:
Influenza Vaccine* $30/Injection Hepatitis A/B/C Screening General $35/Test
Influenza (High Dose) $60/Injection Hepatitis A/B/C Screening Qualified $10/Test
Influenza (Intradermal) $30/Injection Immunization/VFC Program:
Rabies Administrative Fee/ DPT,DT,Hib, $5/Per child
Serves State Vaccine $25 each Well Baby $5/Visit
Foreign Travel Office Visit Fee $25/visit Diabetic Testing $5/Test
TD* $50/Injection Immunization Record $5 each
Foreign Travel Yellow Card $5 each
Note: (1)*Vaccines marked with asterisks are part of the Adult Safety Net Program (ASNP). Clients
eligible to receive through the ASNP will be charged a fee of $10/shot . (2) **Vaccine Unavailable.
ENVIRONMENTAL HEALTH
Septic Tank Inspection $310/Commercial/Business Day Care Center Inspections $2/per authorized child
$260/Residential Temporary Food Permit $75/plus $10 per day
Septic Tank Re-inspection $35/Residential Funeral Home Inspection $200
$85/Commercial FHA, VA, Conventional Loans $125/Licensed
Food Establishment Inspection $150/yr./establishment $150/Unlicensed
Half-Way Houses & Boarding $75/plus $25 for each Annual Group Home Inspection $50
Homes, Residential additional unit on site Food Handler Class $15/per person
Mosquito Spraying for Non- Sub-division Plat Approval $200/Residential
contracting cities $185/ per hour $150/Commercial
Water Sample $50 Animal Control/Quarantine $7/per day
Mosquito Testing $35 Animal Control/Vicious Animal $12/per day
Food Mgr. Cert. Program $100/per person Food Manager Re-certification $50/Test
Food Mgr. Cert. Retesting $50/per person W/Multiple Test Sites
Note: 1) # Indicates $10 charge for State fee
Revised July /2019
Dallas County Health and Human Services
Annual Summary of Services
January 1, 2018 thru December 31, 2018
Exhibit B
Sexually
Transmitted
Communicable
Diseases
Tuberculosis
DiseasesLaboratory
Municipality
Addison1724166176
Balch Springs353129451189
Carrollton818184576471
Cedar Hill253215216608
Cockrell Hill5807227
Coppell2634334265
Dallas28,0118,70145,25423,878
Desoto2,498336298536
Duncanville242173438400
Farmers Branch19468285267
Garland4,0786692,725443
Glenn Heights6428297171
Grand Prairie1,3983861,756785
Highland Park901071
Hutchins132685116
Irving4,0176912,4311,253
Lancaster941391437279
Mesquite8916101,569727
Richardson1,014279331654
Rowlett5617696171
Sachse59324068
Seagoville3747205195
Sunnyvale5091233
University Park23037
Wilmer1283912463
Out of County8531,74339,8362,340
Total
47,63614,97497,35834,623
FY '20
Exhibit C
$ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $
Contract Total
Diseases
Communicable
$ 2,500$ 9,377$ 23,823$ 2,498$ 1,232$ 3,131$ 1,754,252$ 17,620$ 11,273$
6,856$ 80,156$ 574$ 38,854$ 132$ 3,149$ 81,906$ 12,106$ 31,608$ 23,756$
4,925$ 362$ 6,440$ 99$ 48$ 2,597$ 77,142$ 2,196,416
$ 3,539$ 3,800$ 9,470$ 12,225$ 4,564$ 5,328$ 480,119$ 10,777$ 8,043$
5,369$ 8,907$ 3,438$ 15,784$ 1,428$ 2,332$ 25,194$ 5,610$ 14,618$ 13,150$
3,438$ 1,367$ 3,921$ 4,685$ 744$ 1,267$ 47,051$ 696,171
FY2020
Sexually
DiseasesLaboratory
Transmitted
$ 1,631$ 11,144$ 14,233$ 5,337$ 173$ 840$ 1,118,251$ 7,364$ 10,823$ 7,043$
67,336$ 2,397$ 43,392$ -$ 2,100$ 60,071$ 10,799$ 38,771$ 8,179$ 2,372$
988$ 5,066$ 25$ -$ 3,064$ 984,369$ 2,405,769
4
Contract Cost by Category
2,146,61
Tuberculosis
$ 5,381$ 16,931$ 24,149$ 28,218$ -$ 5,644$ 1,141,961$ 44,098$ 22,705$ 8,925$
87,803$ 10,762$ 50,660$ 131$ 3,412$ 90,690$ 51,317$ 80,059$ 36,617$ 9,975$
4,200$ 6,169$ 1,181$ 394$ 5,119$ 228,760$ 1,965,259
Dallas County Health and Human Services
Addison7,751Balch Springs15,907Carrollton36,861Cedar Hill11,401Cockrell Hill2,614Coppell11,852Dallas1,262,256Desoto112,567Duncanville10,905Farmers Branch8,742Garland183,766Glenn Heights28,930Grand
Prairie62,998Highland Park4,056Hutchins586Irving181,017Lancaster42,404Mesquite40,151Richardson45,694Rowlett25,280Sachse2,659Seagoville1,667Sunnyvale2,253University Park90Wilmer5,768Out
of County38,439
MunicipalityTotal
Dallas County Health and Human Services
Total Contract Costs
FY2020
Exhibit D
Municipality
Addison$ 2,500
Balch Springs$ 9,377
Carrollton$ 23,823
Cedar Hill$ 2,498
Cockrell Hill$ 1,232
Coppell$ 3,131
*Dallas$ 1,754,252
*Desoto$ 17,620
*Duncanville$ 11,273
Farmers Branch$ 6,856
*Garland$ 80,156
Glenn Heights$ 574
Grand Prairie$ 38,854
Highland Park$ 132
Hutchins$ 3,149
Irving$ 81,906
Lancaster$ 12,106
*Mesquite$ 31,608
*Richardson$ 23,756
*Rowlett$ 4,925
*Sachse$ 362
*Seagoville$ 6,440
Sunnyvale$ 99
University Park$ 48
*Wilmer$ 2,597
*Out of County$ 77,142
Total
$ 2,196,416
*Non-contracting
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley,Director of Community Development
Date: Sep 24, 2019
Reference: Consider approval of a contract for the renewal of the Trinity River Authority
Agreement, effective October 1, 2019 through September 30, 2020, in the amount
of $9,500.00; and authorizing the Mayor to sign any necessary documents.
2030: Community Wellness & Enrichment
General Information:
Trinity River Authority contract for technical services.
Technical services areIndustrial Inspection, Industrial Sampling and Industrial
Analysis.
Introduction:
The attached contract (2 originals) for your signature is an annual contract between the City and
Trinity River Authority for industrial inspection services, industrial sampling services, and
analytical services. This contract is shared between Water Utilities and Environmental Health.
Analysis:
The contract amount for FY'19-20 is estimated to be $9,500.00, which is the same dollar amount as
FY'18-19. All expenses incurred by the Environmental Health Division for inspections and sampling
are charged back to the industry.
Legal Review:
N/A
Fiscal Impact:
The fiscal impact of this Agenda item, if needed, should not exceed $9,500.00.
Recommendation:
The Community Development Department recommends approval.
1
CONTRACT FOR TECHNICAL SERVICES
I. CONTRACTING PARTIES
The Receiving Agency: City of Coppell, whose authorized address is
P.O Box 9478 Coppell, Texas 75019 Attn: Environmental Health.
The Performing Agency: Trinity River Authority of Texas, whose authorized address is 5300
South Collins, P. O. Box 240, Arlington, Texas 76004-0240, Attention: J. Kevin Ward,
General Manager (or his designated representative).
II. STATEMENT OF SERVICES TO BE PERFORMED
In order to discharge the responsibilities associated with the enforcement of Federal, State, and
municipal regulations, the Receiving Agency requires services of a laboratory qualified to
perform water and wastewater analysis, and of personnel to conduct industrial inspection and/or
sampling services, such services detailed in Section A, Subsection(s) 1,2,3, below.
A. PERFORMANCE OF SERVICES
1. Non-Significant Industrial User Inspection and Classification Services:
The Receiving Agency employs the Performing Agency and the Performing Agency
agrees to perform industrial user survey services and inspections for non-significant
industrial users within the parameters listed on the attached schedule sheet and in
accordance with the Receiving Agency's Industrial Waste Ordinances and Sewer
Ordinances Numbers 2013-1028.
The Performing Agency shall perform all industrial user survey activities including
organization of users to be surveyed utilizing the Texas Manufacturing Guide,
notification to industrial users that require completion of the Re
Industrial User Survey Form, industrial user inspections as needed, and proper
classification and documentation of industrial u Performing
Agency will provide on behalf of the Receiving Agency updates to the Texas
Commission on Environmental Quality (TCEQ) when required. Industrial user survey
procedures are established by the Trinity River Authority to meet industrial discharge
notification requirements found in the Texas Pollutant Discharge Elimination System
Permits issued to the Trinity River Authority and in accordance with 40 CFR § 403.8.
Documentation associated with the industrial user survey shall be maintained as
required by EPA General Pretreatment Regulations, 40 CFR § 403.12.
2. Significant Industrial User Permit and Inspection Services:
The Receiving Agency employs the Performing Agency and the Performing Agency
agrees to perform permitting and industrial inspection services for significant industrial
users within the parameters listed on the attached schedule sheet.
The Performing Agency shall perform all Industrial Pretreatment Inspections, review
permit applications and prepare for submittal Permits to Discharge Industrial
Wastes to the Sanitary Sewer in accordance with procedures established by the
Trinity River Authority of Texas in accordance with 40 CFR Part 403.8. Industrial
Pretreatment Inspections, Application reviews and permit preparations and submittals
shall be in compliance with the Receiving Agency's Industrial Waste Ordinances,
Sewer Ordinance Numbers 2013-1028, and EPA General Pretreatment Regulations
for Existing and New Sources. Records of Inspections, Applications and Permits shall
be maintained as required by EPA General Pretreatment Regulations, 40 CFR §
403.12.
3. Industrial User Sampling Services:
The Receiving Agency employs the Performing Agency and the Performing Agency
agrees to perform industrial user sampling services within the parameters listed on the
attached schedule sheet and in accordance with the Receiving Agency's Industrial
Waste Ordinances and Sewer Ordinance Numbers 2013-1028.
The Performing Agency shall perform all sample collections, sample preservation, and
maintenance of chain-of-custody records in accordance to the approved procedures
set forth in Test Methods for Evaluating Solid Waste, EPA Manual SW-846,
Methods for Chemical Analysis of Water and Wastes, EPA Manual
EPA-600/4-79-020, and the Handbook for Sampling and Sample Preservation of
Water and Wastewater, EPA Manual EPA-600/4-82-029. The samples shall be
properly collected, preserved and delivered by the Performing Agency to the
Performing Agency's laboratory located at 6500 West Singleton Blvd., Dallas, Texas.
When feasible, the Performing Agency will conduct flow or time composited sampling.
When composited sampling is not feasible, grab sampling will be performed.
4. Analytical Services:
The Receiving Agency employs the Performing Agency and the Performing Agency
agrees to perform analytical services within the parameters listed on the attached
schedule sheet.
The Receiving Agency will collect samples and deliver them to the laboratory for
analysis. It is understood that these samples will be properly collected and preserved
in accordance with applicable sections of A Practical Guide to Water Quality
Studies of Streams, Federal Water Pollution Control Administration publication and
Methods for Chemical Analysis for Water and Wastes, EPA manual, as well as the
latest edition of Standard Methods for the Examination of Water and Wastewater.
Additionally, requirements set by the National Environmental Laboratory Accreditation
Conference will be followed as mandated by the Texas Commission on Environmental
Quality for state accreditation. A chain-of-custody procedure shall be maintained in
the field and the laboratory in accordance with procedures to be established by the
Receiving Agency. The Receiving Agency will furnish chain-of-custody.
The Performing Agency will perform all analyses according to the approved
procedures set forth in Standard Methods for the Examination of Water and
Wastewater, current edition or the latest edition of Methods for Chemical Analysis
of Water and Wastes, EPA manual. Additionally, requirements set by the National
Environmental Laboratory Accreditation Conference will be followed as mandated by
the Texas Commission on Environmental Quality for state accreditation. Samples will
be analyzed by these methods on the production basis, to include appropriate
analytical quality assurance procedures. Records will be kept for documentation of the
Performing Agency's quality assurance program and copies will be available to the
Receiving Agency upon request. Unusual interferences and problems will be reported
to the Receiving Agency at its authorized address noted above. Research into specific
techniques to overcome these difficulties will be undertaken when practical, and by
mutual agreement. The chain-of-custody sheet submitted with each sample will
designate the particular analysis or analyses to be made of each sample submitted.
The laboratory will be operated in such a manner as to ensure the legal sufficiency of
the sample handling; analytical and reporting procedures; and to remedy defects in the
procedures should such be discovered.
The various laboratory personnel shall be directed upon receipt of written notice from
the Receiving Agency 72 hours in advance, to appear and testify in enforcement
actions. In such event, travel and per diem expenses for such employees shall be
paid by the Receiving Agency. Travel and per diem for court appearances hereunder
shall be based on current Texas law.
Receiving Agency may deliver to Performing Agency samples for analyses separate
and apart from those samples collected by the Performing Agency. When the
Receiving Agency delivers samples to the Performing Agency for analyses, the
Receiving Agency shall indicate the nature and extent of the analysis it desires to be
conducted. Performing Agency shall not be responsible for the manner of collection or
chain-of-custody or sheets which are matters entirely outside Performing Agency's
control. Performing Agency shall receive, log and perform such analyses of samples
in accordance with that part of the chain-of-custody procedures identified as Transfer
of Custody and Storage attached hereto.
Samples analyzed to maintain the normal quality assurance program which the
Performing Agency presently maintains in its laboratory will be charged to the
Receiving Agency at the same rate as submitted samples.
B. TERMINATION
Either party to this Contract may terminate the Contract by giving the other party thirty day
notice in writing at their authorized address as noted previously. Upon delivery of such
notice by either party to the other and before expiration of the thirty-day period, the
Performing Agency will proceed promptly to cancel all existing orders, contracts, and
obligations which are chargeable to this Contract. As soon as practicable after notice of
termination is given, the Performing Agency will furnish Receiving Agency an invoice for
work performed under this Contract through its termination. The Receiving Agency will pay
the Performing Agency for the work performed less all prior payments. Copies of all
completed or partially completed reports, documents, and studies prepared under this
Contract will be delivered by the Performing Agency to the Receiving Agency when and if
this Contract is terminated prior to the completion of the prescribed work.
C. AMENDING THE CONTRACT
The parties hereto may alter or amend this Contract upon advance written agreement of
both parties to exclude work being performed or to include additional work to be performed
and to adjust the consideration to be paid hereunder by virtue of alterations or
amendments.
III. BASIS FOR CALCULATING REIMBURSABLE COSTS
The financial basis for calculating reimbursable costs shall be as stated in Attachment A, said
Attachment A shall be revised and updated annually. Any revisions will be incorporated by
reference herein. A cost analysis shall be prepared each year by the Trinity River Authority of
Texas and shall be approved by the Trinity River Authority of Texas Board of Directors prior to
effective date of said revision.
The expenditures by the Trinity River Authority of Texas of funds paid to it under this Contract
shall be subject to such State or Federal audit procedures as may be required by law and by
accepted practices of the State or Federal auditor, or both, if requested. The Trinity River
Authority of Texas shall be responsible for maintaining books of account that clearly, accurately
and currently reflect financial transactions. The financial records must include all documents
supporting entries on the account records which substantiate costs. The Trinity River Authority
of Texas must keep the records readily available for examination for a period of three years
after the close of the last expenditure.
IV. CONTRACT AMOUNT
The total costs charged by the Authority to the Receiving Agency shall not exceed
dollars ($ 9500) per annum during the term of this Contract, unless mutually agreed by the
parties hereto.
V. PAYMENT FOR SERVICES
The Performing Agency shall bill the Receiving Agency monthly for services performed.
Charges for these services shall be based on the attached cost schedules.
The Receiving Agency shall pay the monthly billings of the Performing Agency within thirty days
of their receipt.
VI. TERM OF CONTRACT
This Contract is to begin October 1, 20 19 and shall terminate September 30, 2020,
subject to Section II, paragraph B of this contract.
VII. INTERLOCAL AGREEMENT
Inasmuch as the Receiving Agency and the Performing Agency are political subdivisions of this
state, and inasmuch as the testing of water and wastewater are critical to the maintenance of
public health and such testing is therefore, a governmental function and service, this contract is
entered into pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code.
Receiving Agency: Performing Agency:
CITY OF TRINITY RIVER AUTHORITY OF TEXAS
BY: BY:
TITLE: GENERAL MANAGER
DATE: DATE:
ATTEST: ATTEST:
(SEAL) (SEAL)
CHAIN-OF-CUSTODY PROCEDURES
Sample Collection and Shipment
1.To the maximum extent achievable, as few people as possible should handle a sample.
2.Stream and effluent samples should be obtained using standard field sampling techniques and
preservation procedures.
3.Chain-of-Custody sheets should be attached to each sample at the time it is collected. Sample
containers must be appropriate for requested testing with appropriate preservation and legibly
labeled. The tag or sheet contains basically laboratory (requested parameters) information;
however, certain identifying items including City, City Code, Contact Name and Phone Number,
Type Sample Matrix, Material Sampled, and Method of Preservation must be completed by the
field personnel collecting the sample. In completing the Chain-of-Custody tag or sheet, care
should be utilized to insure that all necessary information is correctly and legibly entered onto the
form. A black ballpoint with water proof ink should be used at all times.
4. During shipment, samples should be appropriately cooled. TRA lab receiving technician will check
temperature.
Transfer of Custody and Storage
1.All samples should be handled by the minimum possible number of persons.
2.All incoming samples shall be received by the laboratory technician or his alternate and logged
into a database. Information to be entered into the database shall include the client sample
number, date received, source, time(s) sampled, date(s) sampled, and analyses requested and
comments from the Chain of Custody.
3.Promptly after logging, the custodian technician will distribute the sample to an analyst or place
the sample in the secure sample vault, which will be locked at all times except when samples are
removed or returned by analysts. The sample will be tracked internally in the lab.
4.Samples shall be kept in the sample storage security area at all times when not actually being
used by analysts, such as during overnight absences. The technician shall ensure that
heat-sensitive samples, or other sample materials having unusual physical characteristics, or
requiring special handling, are properly stored and maintained.
5.A log of sample removal and replacement will be kept in the secure sample vault and be retained
as a permanent record of the laboratory.
6.The original Chain of Custody and a Sample Evaluation/Variance record shall be sent by the
laboratory to the appropriate Receiving Agency control point as part of the final data report.
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MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: September 24, 2019
Reference: Budget Amendment for Fiscal Year 2018-19
2030: Sustainable City Government
Introduction:
This budget amendment is being brought forward to reflect items that have been brought before
Council during the fiscal year that require an amendment to the budget.
Analysis:
General Fund
General Fund revenues are being amended $6,622,880. Sales Tax Revenue ($3,605,407),
Interest Earnings ($1,350,000), Building Permits ($500,000) and the Grant for the Firefighters
($507,031) are the primary sources of the revenue increase. The majority of the sales tax
increase is associated with one payer and the amount ($2,884,557) will be designated in Fund
Balance until it is determined if the revenue should have been remitted to Coppell. This results
in a net budgeted increase in Undesignated Fund Balance of $2,797,029.
General Fund expenditures are being increased $1,005,639. Of this amount, $64,345 is for
items identified in designated fund balance. Combined Services is being increased $715,307.
This is associated with the PIER Phase III project and a Property Agreement in Old Town.
Public Works is being increased $64,345 for some wayfinding signs in Old Town, which is part
of designated fund balance. The Fire Department is being amended for the upgrade to the
existing siren control hardware, firmware and software to meet security recommendations.
Enterprise Solutions is being amended to cover the damage to equipment and servers when the
HVAC leaked on the server rack. A claim has been filed with TML for the damages.
Community Development is being increased by $35,000 for the interlocal agreement with
Denton County to provide transportation services for Coppell businesses Workforce Transit.
Inspections is needing additional funding for the contract with Bureau Veritas for assistance
with plan review and commercial inspections. The increase in Environmental Health is for
1
public education materials. This is funded by charge on the monthly water bill.
Hotel/Motel Fund
Revenues are being amended to reflect anticipated interest earnings and the submittal of
Hotel/Motel tax by short term rentals.
Drainage Utility District
Revenues are being amended to reflect the anticipated fees. Expenditures are being increased
for the interlocal agreement with Dallas County Flood Control District for sediment removal
from box culverts.
Rolling Oaks
Revenues are being amended to reflect the anticipated fees. Expenditures are being increased
for the repairs to the pumps at the Angel of Hope fountain feature.
Donations Special Revenue
Expenditures are being increased for the purchase of furnishings at the Library in the Childrens
area. Other expenditures are for the Fire Department, Animal Control and the Senior Center.
Park Special Revenue Fund
Revenues are being amended to reflect interest earnings and the expenditures are being
amended for the installation of the pavilion doors at Old Town.
CRDC - Special Revenue
Revenues are being increased for the anticipated increase in sales tax collections and interest
earnings. The majority of the sales tax increase is associated with one payer and the amount
($1,164,575) will be designated in Fund Balance until it is determined if the revenue should have
been remitted to Coppell. Expenditures are for MacArthur Trail, Bike trails Hunterwood Park,
Grapevine Springs Park, the CORE bridge replacement, the playground at the Bio Diversity Center
and the transfer out to the General Fund associated with the sales tax collections.
Tree Preservation Fund
Revenues are being amended to reflect anticipated collections.
Police Special Revenue Fund
Revenues are being amended to reflect forfeitures and donations that have been received. The
expenditures are being amended for training.
Crime Control
Revenues are being increased for the anticipated increase in sales tax collections and interest
earnings. The majority of the sales tax increase is associated with one payer and the amount
($582,287) will be designated in Fund Balance until it is determined if the revenue should have
been remitted to Coppell.
Municipal Court Special Revenue
Revenues are being amended to reflect the anticipated fees.
2
Juvenile Case Manager Fund
Revenues are being amended to reflect the anticipated fees.
Child Safety Fund
Revenues are being amended to reflect the anticipated fees. Starting in FY 19, Dallas County
began collecting $1.50 fee on all registered vehicles. The County can keep 10% with the
remainder being shared with the cities on a quarterly basis.
Municipal Court Tech Fund
Revenues are being amended to reflect the anticipated fees. The original budgeted expenditures
are being reduced in order to provide funding for the MUNIS Encode project.
Red Light Fund
Revenues are being reduced to reflect that this fee is no longer being collected. Expenditures
are being increased for the Axon purchase, which is an enterprise wide video recording
platform.
Infrastructure Maintenance Fund
Revenues are being amended for the anticipated increase in sales tax collections and interest
earnings. The majority of the sales tax increase is associated with one payer and the amount
($582,287) will be designated in Fund Balance until it is determined if the revenue should have
been remitted to Coppell. The expenditures are being increased for the additional costs
associated with Parkway Blvd, the intersection design contract and the design of Spanish Moss.
Water and Sewer Fund
Revenues are being decreased since the budgeted rate increase for water and sewer was not
implemented this fiscal year. The cost of water and the cost of sewer are being decreased due
to the rate being charged is less than budgeted. Utility Operations is being increased for the
installation of a water on Bethel Road.
Capital Replacement Fund
Revenues are being increased for anticipated interest earnings.
Legal Review:
Agenda item was reviewed by legal as part of the agenda packet.
Fiscal Impact:
Recommendation:
The Finance Department recommends approval of this agenda item.
3
ORDINANCE NO. _____________________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN
AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL
YEAR OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019; PROVIDING
THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN
ACCORDANCE WITH SAID BUDGET; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 6th day of August,
2018, file with the City Secretary, a proposed general budget for the City covering the fiscal year
aforesaid, and
WHEREAS, the City Council of the City of Coppell approved said budget on the 11th day
of September, 2018, and
WHEREAS, the governing body of the City has this date considered an amendment to said
budget;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Section No. 2 of Ordinance No. 2018-1500, for the 2018-19 Fiscal Year
Budget, is hereby amended as follows:
General Fund Current Budget Amending Budget Change
Revenues $66,961,096 $73,583,976 $6,622,880
Expenditures
Combined Services $2,966,247 $3,681,554 $715,307
Public Works 2,021,197 2,085,542 64,345
Fire 13,311,417 13,341,563 30,146
Enterprise Solutions 3,532,247 3,573,088 40,841
Community Development Admin 845,141 880,141 35,000
Inspections 920,941 1,020,941 100,000
Environmental Health 414,174 434,174 20,000
Total Expenditures $ 1,005,639
Decrease in Designated Fund Balance 64,345
Increase in Designated Fund Balance 2,884,557
Net Expenditure/Designation Increase 3,825,851
Net Increase in Undesignated Fund Balance $ 2,797,029
Hotel/Motel Fund Current Budget Amending Budget Change
Revenues $-0- $13,000 $13,000
Net Increase in Projected Fund Balance $13,000
Municipal Drainage Dist Current Budget Amending Budget Change
Revenues $235,000 $265,000 $30,000
Expenditures 345,070 369,567 24,497
Net Increase in Projected Fund Balance $ 5,503
1
Rolling Oaks Current Budget Amending Budget Change
Revenues $757,667 $796,667 $39,000
Expenses 832,221 871,221 39,000
Net Increase in Projected Fund Balance $ -0-
Donations Spec. Rev. Fund Current Budget Amending Budget Change
Expenditures $5,000 $17,341 $12,341
Net Decrease in Projected Fund Balance $12,341
Parks Spec. Rev Fund Current Budget Amending Budget Change
Revenues $2,500 $5,000 $ 2,500
Expenses -0- 365,300 365,300
Net Decrease in Projected Fund Balance $362,800
CRDC Special Current Budget Amending Budget Change
Revenues $8,136,641 $9,893,149 $1,756,508
Expenditures 9,962,299 13,557,061 3,594,761
Net Decrease in Projected Fund Balance $1,838,253
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $500 $71,060 $70,560
Net Increase in Projected Fund Balance $70,560
Police Spec. Rev. Fund Current Budget Amending Budget Change
Revenues $22,200 $45,445 $23,245
Expenditures 99,899 115,799 15,900
Net Increase in Projected Fund Balance $ 7,345
Crime Control Current Budget Amending Budget Change
Revenues $5,455,000 $5,612,805 $157,805
Net Increase in Projected Fund Balance $157,805
Municipal Court Current Budget Amending Budget Change
Revenues $21,000 $26,500 $5,500
Net Increase in Projected Fund Balance $5,500
Juvenile Case Manager Current Budget Amending Budget Change
Revenues $45,000 $49,500 $4,500
Net Increase in Projected Fund Balance $4,500
Child Safety Current Budget Amending Budget Change
Revenues $6,500 $40,000 $33,500
Net Increase in Projected Fund Balance $33,500
Municipal Court Tech Current Budget Amending Budget Change
Revenues $26,500 $31,500 $ 5,000
Expenditures 233,400 163,400 (70,000)
Net Increase in Projected Fund Balance $75,000
2
Red Light Current Budget Amending Budget Change
Revenues $305,000 $179,000 $(126,000)
Expenditures 285,470 859,470 574,000
Net Decrease in Projected Fund Balance $ 700,000
Infrastructure Maint. Fund Current Budget Amending Budget Change
Revenues $9,082,500 $9,789,074 $ 706,574
Expenditures 16,749,437 19,388,406 2,638,969
Net Decrease in Projected Fund Balance $1,932,395
Water/Sewer Fund Current Budget Amending Budget Change
Revenues $20,956,652 $18,697,821 $(2,258,831)
Expenses
Cost of Water 6,309,404 6,190,712 (118,692)
Cost of Sewer 4,284,356 4,025,272 (259,084)
Utility Operations 3,960,168 4,237,442 277,274
Net Decrease in Projected Retained Earnings $ 2,158,329
Capital Replacement Fund Current Budget Amending Budget Change
Revenues $1,477,353 $1,532,353 $55,000
Net Increase in Projected Fund Balance $55,000
SECTION 2. EFFECTIVE DATE.
That this ordinance shall become effective immediately from and after its passage as the law
and charter in such cases provide.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 24th day of
September 2019.
APPROVED:
______________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY
3
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MEMORANDUM
To:Mayor and City Council
From:Christel Pettinos, City Secretary
Date:September 24, 2019
Reference:Consider approval of aResolutionnominating representative(s)to serve on the Dallas
and Denton Central Appraisal Districts Boardof Directors; and authorizing the Mayor
to sign.
Introduction:The Dallas and Denton Central Appraisal Districts are seeking nominations for their
Boardof Directors.The term is a two-year commitment.
Analysis:The selection process is set forth in Section 6.03 of the Property Tax Code and is an
independentprocedure unique to the property tax system.
1)The nominee must have resided in the Appraisal District for at least two years prior to the
electionand may be an elected official of an agency represented by the DCAD.
2)The nominee cannot be an employee of any agencyrepresented by the DCAD,cannot be
engaged in the business of appraising property for compensation for use in proceedings
under this title, or representing property owners for compensation in proceedings under this
title in the appraisal district, or related within second degreeby consanguinity to an
individual who is engaged in such business.
3)The nominee cannot own property on which delinquent taxes have been owed to a taxing
unit for more than 60 days.
Dallas Central Appraisal District allows for one (1) candidate to be nominated.
Denton Central Appraisal District allows for up to five (5) candidates to be nominated.
Recommendation:None
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS,NOMINATING ___________________________ AS A CANDIDATE
TO BE A MEMBER OFTHE BOARD OF DIRECTORS OF THE DALLAS
CENTRAL APPRAISAL DISTRICT.
WHEREAS,TheChief Appraiser of the Dallas Central Appraisal Districthas been
charged with the responsibility of conducting the election process to determine the membership of
the Boards of Directors of the Dallas Central Appraisal District, accordingto the Property Tax
Code of Texas; and
WHEREAS,each of the incorporated cities and towns, except the City of Dallas, shall
have the right to nominate by an official resolution one (1) candidate as a member of the Board of
Directors; and
WHEREAS,the said cities and towns shall, from among the nominations received, elect
by a majorityvote, with each cityand town being entitled one (1) vote, a member of the Board of
Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
COPPELL, TEXAS, THAT:
_________________________ is hereby nominated as a candidateto be a member of the
Board of Directors of the Dallas Central Appraisal District.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
th
the 24day ofSeptember2019.
APPROVED:
Karen Selbo Hunt, Mayor
ATTEST:
APPROVED AS TO FORM:Christel Pettinos, City Secretary
_________________________________
Robert E. Hager,City Attorney
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS,NOMINATING THE FOLLOWING CANIDATE(S)
__________________________________________________________________
TO BE MEMBER(S)OF THE BOARD OF DIRECTORS OF THE DENTON
CENTRAL APPRAISAL DISTRICT.
WHEREAS,The Chief Appraiser of the Denton Central Appraisal District has been
charged with the responsibility of conducting the election process to determine the membership of
the Boards of Directors of the DentonCentral Appraisal District, according to the Property Tax
Code of Texas; and
WHEREAS,each of the incorporated cities and townsshall have the right to nominate by
an official resolution up to five (5) candidatesas a member of the Board of Directors; and
WHEREAS,upon tabulation of the votes cast by the said cities and towns,the five (5)
candidates that receivethe most votes from the nominations received, shall become membersof
st
the Board of Directorsas of January 1.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
COPPELL, TEXAS, THAT:
Hereby nominatethe followingcandidate(s)to be member(s)of the Board of Directors of
the Denton Central Appraisal District:_______________________________________________
______________________________________________________________________________
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
th
the 24day ofSeptember2019.
APPROVED:
Karen Selbo Hunt, Mayor
ATTEST:
APPROVED AS TO FORM:Christel Pettinos, City Secretary
_________________________________
Robert E. Hager, City Attorney
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MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: September 24, 2019
Reference: Resolution of Support for Mayor Hunt’s 2019-2020 TML President-Elect
candidacy
2030: All strategies
2040:Transition
Introduction:
This resolution is in support of Mayor Hunt’s Texas Municipal League’s candidacy for the
position of President-Elect for FY 2019-2020.
Analysis:
Mayor Hunt has served on the TML Regional Board of Directors including serving as TML
Region 13 President. During her service Mayor Hunt has been recognized for her leadership in
promoting the needs of elected officials from the Region and the Statewide purposes of TML.
During each annual TML conference, the TML Nominating Committee will select an individual
to serve as President-Elect, in this case, for the 2019-2020 term. As part of that process, the city
from which the elected official is running for that position, in this case Mayor Hunt, is requested
to submit a Resolution in support of the candidate’s efforts.
Recommendation:
Approve Resolution of support for Mayor Hunt’s 2019-2020 TML President Elect candidacy.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, SUPPORTING THE CANDIDACY OF MAYOR KAREN HUNT FOR
THE POSITION OF PRESIDENT-ELECT OF THE TEXAS MUNICIPAL
LEAGUE.
WHEREAS, Mayor Karen Hunt has served on the TML Regional Board of Directors as Region
13 Director; and
WHEREAS, as a representative she has functioned as a trusted and vital communications link
between the region and the TML Board and staff, and has proven her dedication to public service; and
WHEREAS, in her capacity as Mayor and Region 13 Director she has exhibited unparalleled
leadership to promote Regional and Statewide purposes of the Texas Municipal and its Mission; and,
WHEREAS, at its annual conference in October, the Texas Municipal League Nominating
Committee will select an individual to fill the role of President-Elect for the 2019/2020 term; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL THAT:
SECTION 1. City Council supports the nomination and candidacy of Mayor Karen Hunt for the
position of President-Elect of the Texas Municipal League.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the ____ day of , 2019.
APPROVED:
Karen Selbo Hunt, Mayor
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
_________________________________
Robert E. Hager, City Attorney
TM 110970
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