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MEMORANDUM
To: Mayor and City Council
Through: Mike Land, City Manager
From: Traci E. Leach, Deputy City Manager
Date: May 26, 2020
Reference: DART Silver Line Rail Update
2030: Goal 5 states “Easy access to Dallas-Fort Worth Region” with the following
objectives; Objective 1 – Participate in regional rail service to Dallas-Fort Worth,
Objective 2- Maintain and enhance accessibility to DFW Airport, and Objective 5 –
Develop regional connections for Coppell residents and employees of Coppell
businesses
Introduction:
The purpose of this agenda item is tocontinue the Council discussion on prioritization of several
enhancement options related to the rail construction.
At the April 14, 2020 Council meeting, staff presented follow up information to the Council on several
items from the March 25, 2020 Council meeting:
Update on the City’s Zoning Ordinance in relation to the proposed betterment walls;
Updates on the layout, location, and look of security fencing throughout other rail corridors;
and
Updated prioritization of enhancement options for Council discussion and consideration. The
“menu” of potential enhancements includes bridge enhancements for the elevated bridge
crossing at S. Belt Line Rd, fencing upgrades for the required security fencing at various
locations throughout Coppell, landscaping, and additional quiet zones at Royal Lane and
Freeport.
Staff was asked to obtain a rough order of magnitude (ROM) estimate from AWH for vinyl coated
chain link security fencing option. Tonight’s briefing will include updated information on the security
fence ROM.
1
Background:
The Silver Line will connect the DFW Airport to the cities of Dallas, Carrollton, Addison, Richardson
and Plano. Along that route, only the City of Coppell is not a member of DART. In 2017, we saw
the advancement of the Silver Line regional rail service from its potential construction and activation
well beyond the year 2030 in the regional mobility plan, to actual approval, funding and scheduling
for revenue service at the end of calendar year 2022.
The total amount available for the enhancements is $750,000, which the City Council has proactively
designated in previous budget years. Council re-affirmed the decision regarding the quiet zones at
Royal Lane ($320,000) and Freeport during the March 25, 2020 Council meeting. The estimated
rough order of magnitude (ROM) total for all remaining enhancements exceeds the available funding
after quiet zones.
The discussion of potential enhancements has been on-going since at least 2017. Since that time,
staff has been in consistent communication with the DART and Archer Western staff to work through
details for the proposed enhancements. Should the City Council desire to move forward with any of
the proposed enhancements, staff will coordinate with DART to draft an addendum to the existing
Master ILA. This addendum would be brought back to the Council for consideration and approval.
Legal: None.
Fiscal Impact: At this time, there is no fiscal impact for construction, assuming that the selected
enhancement options stay within the assigned amount set aside by the City Council. Maintenance of
the improvements may be required via an interlocal agreement with DART for any future
enhancements selected.
Recommendation: Staff is seeking direction regarding desired enhancements for the Silver Line
project.
2
MEMORANDUM
To: Mayor and City Council
From: Alex Hargis, Arts Center Managing Director
Via: Brad Reid, Director of Parks and Recreation
Date: May 26, 2020
Reference: Update regarding the Coppell Arts Center
2030: Community Wellness and Enrichment
Community Gathering Places
Expanding Cultural Arts Amenities and Opportunities
Sustainable City Government
Excellent City Services with High Level of Customer Satisfaction
Introduction:
Since the pandemic, the Coppell Arts Center
original plans and timelines. The grand opening celebration in May was canceled with talent
rescheduled for future dates. Full-time staff began working remotely in mid-March and primarily
continue to do so. Construction progress was hindered due to mandatory crew size reductions and
supply chain disruption with manufacturers and distributors. Additionally, all post grand opening
programming originally planned through the Summer had to be rescheduled. Despite these
significant changes, the Center staff has been working diligently to perform all the necessary
adjustments to re-enter the facility mid-Summer and prepare it for a Fall opening.
Analysis:
The exterior construction and landscaping work will be completed by the first week of June
The Wheelice Wilson Jr. Theatre will be substantially complete by the end of June
Target date for the temporary certificate of occupancy is June 19
Wood paneling and seat install for the Main Hall will begin in early July
All Summer presented ticketed performances have been rescheduled to Winter of 2020 or
Spring of 2021
All Summer Resident Company performances and exhibitions are currently being
rescheduled
1
The staff from the Center and Special Events are collaborating on a Summer drive-in movie
series that will run weekly from June 20-August 22
Plans are being generated for a new grand opening in late September
Legal Review:
No legal review is needed.
Fiscal Impact:
Rescheduling ticketed Summer programming will create a budget reduction for fiscal year 2020.
Recommendation:
There are no staff recommendations with this update.
2
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PROCLAMATION
WHEREAS, Coppell ISD will hold commencement ceremonies for the more than 920
graduates from Coppell High School and the more than 60 graduates of New Tech High School
@ Coppell on Sunday, May 31, 2020, at Globe Life Field in Arlington; and
WHEREAS, the Coppell ISD Class of 2020 had its prom, end-of-year ceremonies and
graduation ceremonies cancelled due to the COVID-19 quarantine; and
WHEREAS, the Coppell High School Valedictorian is Prayaag Gupta and its
Salutatorian is Het Vipul Desai, and the New Tech High @ Coppell Valedictorian is Grace
Kottak and its Salutatorian is Sruti Iyer; and
WHEREAS, the Coppell ISD Class of 2020 has received more than $15.5 million dollars
in scholarships; and
WHEREAS, the Coppell ISD Class of 2020 will be remembered fortheir perseverance,
resilience, and grit, while personifying the creed “Cowboy Fight Never Dies,”in their handling
the COVID-19 school closure; and
WHEREAS, the Coppell ISD legacy in our community will be remembered for
generations to come.
NOW,THEREFORE,I,KarenSelboHunt,Mayorof theCityofCoppell,do hereby
proclaimSunday, May 31,2020, as
“COPPELL ISD SENIOR DAY"
IN WITNESS THERE OF, I have set my hand and caused the seal of the City of Coppell to be
th
affixed this 26 day of May 2020.
ATTEST: Karen Selbo Hunt, Mayor
Christel Pettinos, City Secretary
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4777 EAST US HIGHWAY 80, MESQUITE, TEXAS 75150-6643 | 214-320-6100 | WWW.TXDOT.GOV
May 5, 2020
Control: 0354-03, -04, & -05
Highway: SH 121 Frontage Roads
County: Dallas, Denton, Collin
Subject: Speed Zones
Yang Ouyang, P.E.
Senior Traffic Engineering Manager
North Texas Tollway Authority
5900 W Plano Pkwy
Plano, TX 75093
Dear Mr. Ouyang:
TxDOT, Dallas District Traffic Operations reviewed and approved the speed study that was conducted
by NTTA on SH 121 Frontage Roads, as shown on the speed zone strip map within the Counties of
Dallas, Denton and Collin.
To proceed with the changing of the speed limits, TxDOT requires a signed city ordinance matching the
zones on the speed study. Please forward the signed ordinance to our office by July 15, 2020 for
further processing. Upon receipt of the ordinance from the cities within the SH 121 Frontage Roads,
NTTA may furnish and install the necessary signs at the proper locations.
If we may be of further assistance, please feel free to contact Bahman Afsheen, P.E. at the above
address or by telephone at 214-320-6229.
Sincerely,
Felicia R. Cortez, P.E.
District Traffic Engineering Supervisor
Attachments
OUR VALUES:
OUR MISSION:
An Equal Opportunity Employer
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MEMORANDUM
To:Mayor and City Council
From:Kent Collins, P.E., Director of Public Works
Mike Garza, P.E., Assistant Director of Public Works
Date: May 26, 2020
Reference: Residual Control System
2040: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
Introduction:
This agenda item is being presented for approval of the purchase and installation of a Chloramine
Residual Control System (RCS) from PSI Water Technologies Inc.
Analysis:
The City of Coppell purchases all its water from Dallas Water Utilities (DWU). The water is
delivered to us treated and chlorinated from the DWU treatmentplanton Whitlock Lane (SandyLake
Rd.) in Carrollton. This chlorination is regulated by the Texas Commission on EnvironmentalQuality
(TCEQ) and is often referred to as a “residual”. This residual is required tobe maintained between
0.5 parts per million (ppm) and 4.0 ppm. We typically see a residual about 3.8 ppm in the water
delivered from DWU.
The chlorine residual serves as an anti-bacterial agent in the water, and the presence of a chlorine
residual typically means that there is no bacteriological process in the water. Chlorine residual
dissipates in water through time, temperature increases, and from the presence of bacteriological
process. When the residual in our water system gets to 0.5 ppm or below, we are forced to flush our
system. The flushing process involves removing the water from the system by opening fire hydrants
and dumping water from our elevated storage tanks.
During cooler months the city typically loses about 500,000 gallons over the course of the month to
flushing associated with reduced residual and system maintenance. During the early summermonths
while the temperature is high, but the demand for water delivery is still low we will flush as muchas
20,000,000 gallons of water per month from the system totaling over 80,000,000 gallons of water per
year.
1
In September of 2015 council approved the purchase of an RCS from PSI Water Technologies that
was installed In January of 2017 at the Southwestern elevated storage tank. Since then we have
reduced our water loss over50% by having only flushed a total of 42 million gallons of water in 2017
compared to a total of 88 million gallons of water in 2016. The installation of the RCS dramatically
improved the water quality specifically in the Southwestern area of the city. As we continued into
2018 and 2019 we started experiencing low residuals specifically in the Northwest area of the city
that affected the water quality in the Wagon Wheel elevated storage tank requiring staff to dump the
water in the tower and flush an average of 40,000,000 gallons of water during the early to late summer
months of 2019.
The mixing and RCS system installed at the Southwestern elevated water tower has provided us with
a proven superior performance in the area that I feel would be beneficial to install another unit at our
Wagon Wheel elevated storage tank.
Legal Review:
Agenda item did not require legal review.
Fiscal Impact:
The fiscal impact of this Agenda item is $88,000.00; budgeted in the Water Utility Fund.
Recommendation:
The Public Works Department recommends approval of this purchase and installation of a residual
control system from PSI Water Technologies, Inc.
2
FIRMPROPOSAL
®
MONOCLOR
RESIDUAL CONTROL SYSTEM
FOR
COPPEL, TX – 2 MG WAGON WHEEL EST
PSI Water Technologies, Inc. File No.: P19-4148 (Firm)
CA Contractor’s License: #877235
Prepared on: February 7, 2020
SALES REPRESENTATIVE
Environmental Improvements (EI2)
Joey Brown
517 North Kealy
Lewisville, TX 75057
T: (972) 436-2536
Email: jbrown@ei2dallas.com
T: (281) 636-6129 M: jkoch@ugsicorp.com W: 4psi.net
TABLE OF CONTENTS
Cover Letter
Section 1: Scope of Supply
Section 2: Proposal Acceptance
Section 3: Terms and Conditions
IMPORTANT NOTICE:All the information in this Proposal is confidential and has been prepared
for Buyer’s use solely in considering the purchase of the Equipment described. Transmission of
all or any part of this Proposal to others or use by Buyer for other purposes is unauthorized without
Seller’s advance written consent.
T: (281) 636-6129 M: jkoch@ugsicorp.com W: 4psi.net
February 7, 2020
Jerry Davis
816 S. Coppell Rd.
Coppell, TX 75019
®
Re: Monoclor
Residual Control System for Coppell, TX
PSI Water Technologies, Inc. File No.: P19-4148 – Firm
Dear Jerry,
Thank you for your interest in PSI Water Technologies, Inc. (PSI), a UGSI Solutions company.
®
We have prepared this firm proposal for providing a Monoclor Residual Control System (RCS)
for Coppell, TX. This firm proposal has taken into consideration the previous budget quotes which
included both RCS equipment and installation by PSI. Our proposal is based on the following
design criteria:
Design Criteria
Reservoir Diameter, ft 80
Reservoir Height, ft 40
Maximum Capacity, MG 2
Average Flow, MGD 1.6
Maximum Flow, MGD 4
Reservoir Type Elevated Storage Tank
Disinfectant Chloramines
Desired Chlorine Residual, ppm 3.0
PSI also acknowledged that the system already has the following systems installed:
- PAX Mixer
- Water Quality Station
System Features & Advantages
®
The MonoclorRCS is an intelligent, automated disinfectant boosting system that gives operators
the ability to set and control residual levels in water storage tanks and key locations in the
®
distribution system. The MonoclorRCS utilizes advanced water quality sensors, powerful active
mixing, an automated chemical feed system, and an advanced control algorithm to set and
®
maintain residual levels in water storage tanks and distribution systems. The Monoclor RCS has
been tested and validated through extensive laboratory testing and many full-scale installations
over the last 5 years.
®
Our Monoclor RCS consists of all equipment essential for a complete system, including:
1. Accurate chemical dosing at the correct ratio
2. Proper mixing to ensure a homogenous water body that will not stratify
3. High energy mixing that ensures instantaneous reaction of introduced chemicals
T: (281) 636-6129 M: jkoch@ugsicorp.com W: 4psi.net
4. Real-time monitoring and control logic to maintain or achieve equilibrium by responding to
dynamic reservoir conditions
®
The Monoclor RCS enables operators to:
1. Set and maintain consistent disinfectant levels in storage tanks and key locations in the
distribution system
2. Continuously blend disinfectant residual and eliminate thermal and chemical stratification
3. Eliminate costly and labor-intensive manual boosting
4. Quickly counteract adverse water quality changes, such as low residual
5. Optimize and balance disinfectant levels across a water distribution system
A detailed scope of supply and the firm price for the complete system is listed in Section 1 of this
proposal. All pricing is based on our standard system, as outlined in our equipment specifications
(available upon request).
Our scope of supply follows in Section 1 and our proposal acceptance in Section 2. Section 3
includes our terms and conditions.
We look forward to working with you on this project. If we can be of any further assistance, please
do not hesitate to contact our sales representative, Joey Brown at Environmental Improvements
(EI2), or me at (281) 636-6129
Sincerely,
John Koch
Regional Sales Manager
Cc: David Shekhtman, PSI Water Technologies, Inc.
Ivan Hartanto, PSI Water Technologies, Inc.
Gabriel Aviles, PSI Water Technologies, Inc.
Joey Brown, Environmental Improvements (EI2)
T: (281) 636-6129 M: jkoch@ugsicorp.com W: 4psi.net
SECTION 1
SCOPE OF SUPPLY
A. Scope of Supply by PSI
B. Scope of Work by Others
C. Clarifications
D. Terms of Payment
E. Delivery
®
A. SCOPE OF SUPPLY BY PSI – MONOCLORRCS
The following equipment and services constitute our scope of work. All equipment will be
manufactured in accordance with the descriptions below.
NoItem DescriptionQty.
1.Smart Control Center, SCC1000 1
Allen-Bradley MicroLogix 1400 Programmable Logic Controller
(PLC)
Magelis DT351 7.4” HMI: Color LCD touch screen
Communication: Ethernet based access to HMI software from
computer or smartphone within same network
Remote Monitoring Telemetry
Water Quality Station Communication: Two wire twisted cable
Chemical Dosing Controller: RS-485 port for chemical feed
system communications
SCADA: Modbus TCP/IP standard, analog output available if
necessary
Panel – Mounted Disconnect Switch
Enclosure: Equal to or greater than Type 4 rating
2. Chemical Feed System – Chlorine 1
Skid: Black polypropylene
Pump: 2 Grundfos DDA 17-7 Diaphragm pump, 4.5GPH,
100PSI
o Dual pump, Duty-standby configuration
Piping: PVC schedule 80
Secondary Containment: 9 gallons secondary containment
Controller - Input/Output: 4 digital inputs, 2 digital outputs, 2
analog inputs, 1 analog output
Controller - Communication: Modbus RS-485 with Smart Control
Center
Controller - Pump Control Option: Digital relay, analog (4-20
mA), power switch
Accessories:
o Calibration Column
o Pressure Relief Valve
o Wye Strainer
o Pressure Transmitter
1
3. Chemical Feed System -Ammonia, ASP
Skid: Black polypropylene
Pump: 2 Grundfos DDA 7.5-16 Diaphragm pump, 1.98GPH,
100PSI
o Dual pump, Duty-standby configuration
Piping: PVC schedule 80
Secondary Containment: 9 gallons secondary containment
No Item DescriptionQty.
Controller - Input/Output: 4 digital inputs, 2 digital outputs, 2
analog inputs, 1 analog output
Communication: Modbus protocol with Smart Control Center
Connection: RS-485 cable
Enclosure: Equal to or greater than Type 3R rating
Pump Control Option: Digital relay, analog (4-20 mA), power
switch
Accessories:
o Calibration Column
o Pressure Relief Valve
o Wye Strainer
o Pressure Transmitter
Manufacturer’s Services for Installation Inspection, System Start-Included
4.
Up, and Operator Training (2 Days at the Jobsite)
Submittal and Operation & Maintenance Manual as Follows Included
5.
Submittal: Sent Electronically
O&M Manual: Sent Electronically
Equipment Installation, including: Included
6.
Installation of PAX RCS system components: feed skids, smart
controller, conduit, supply lines, roof and wall penetrations
FOB Factory, Milpitas, CA with Full Freight Allowed to Jobsite, Included
7.
Coppell, TX
BUDGETARY PRICE \[ITEMS 1-7\] $88,000
B. SCOPE OF WORK BY OTHERS
1. Existing equipment owned by Coppell, TX (Water Quality Station, PWM500 Mixer).
2. Secondary containment of all equipment and piping.
3. 12.5% Sodium Hypochlorite supply.
4. 12.5% Sodium Hypochlorite storage tanks and containment.
5. 40% Liquid Ammonium Sulfate supply.
6. 40% Liquid Ammonium sulfate storage tanks and containment
7. Level transmitter for 12.5% Sodium Hypochlorite storage tanks and 40% Liquid
Ammonium Sulfate tanks.
8. Each chemical storage tank must be labeled appropriately according to local regulations.
Check with your local regulating agency for requirements.
9. Proper distance between chemical storage tanks must be maintained according to local
regulations.
10. All civil works and concrete pad for equipment.
11. Any underground or structural work.
12. Design and supply of anchor bolts and seismic restraints.
13. Water supply piping to motive water connection.
14. Water piping from booster pump outlet to tank/reservoir hatch.
15. Tank mounted fitting boxes for chemical and sample lines.
16. All interconnecting piping, including between chemical storage tanks, metering pumps and
accessories motive water supply, water sampling cabinet/station, and connections at
hatch.
17. Electrical power to Smart Control Center (100-120VAC/1Ph/60Hz for 10A) Chemical Feed
Skids (100-120VAC/1Ph/60Hz for 10A).
18. Any electrical conduit runs.
19. Any tank recoating services, labor, or parts.
20. All hose, pipe and tubing supports, strut, and clamps.
21. Freeze protection for all tubing and piping external to the reservoir, if required.
22. All electrical conduit, wiring, electrical material (including disconnect switches), etc.
between control panel, hypochlorite tank, metering pumps, SCADA, etc.
23. Hatch penetrations or modifications.
24. Room ventilation, air conditioning, or lighting.
25. Videotaping.
26. All taxes, fees, lien waivers, bonds and licenses.
27. Permitting or regulatory approval.
28. Valves, fittings, appurtenances not specifically listed under Scope of Supply by PSI
29. Any items not explicitly listed under Scope of Supply by PSI.
C. CLARIFICATIONS
1. Sample water flow is 10 GPH. The sample water is assumed to be gravity fed to the
Water Quality Station and then routed to a nearby drain.
®
2. Reservoir Low Water Level must be above 6’ for PAX Mixer to function properly.
3. PSI recommends adding secondary containment to Hypochlorite and Ammonia chemical
feed lines. When possible, trenching these lines underground would be optimal.
®
4. The performance of the MonoclorRCS design reported in this document is dependent
on the tank operations data provided in the design criteria and may vary significantly
under different operating conditions and/or scenarios.
5. PSI requires a minimum of two (2) weeks notification prior to performing onsite installation
inspection, system start-up and training. PSI will work with you to attempt to
accommodate your scheduling needs.
6. Do not mix hypochlorite and ammonia as toxic vapors will be produced.
D. TERMS OF PAYMENT
Twenty Percent (20%) Payment Invoiced on Approved Submittals
Eighty Percent (80%) Payment Invoiced on Shipment of Equipment
Net 30 Days
Price Valid for 90 Days
E. DELIVERY
Submittal: 4 - 5 Weeks After Receipt of Fully Executed Order
Equipment Shipment: 4 - 5 Weeks After Approval of Submittals
SECTION 2
PROPOSAL ACCEPTANCE
®
MonoclorResidual Control System
PSI Water Technologies, Inc. File No.: P19-4148 (Firm)
1) PSI Water Technologies, Inc. (Seller) proposes to furnish the equipment described in this proposal. Any items not shown
above as detailed under “SCOPE OF SUPPLY BY PSI” are EXCLUDED. In addition:
a. Seller’s price will be held valid for a period of 90 days from the date of this proposal (“Proposal Date”).
Seller shall have the right to reprice this proposal if the Buyer’s order is received more than 90 days
beyond the Proposal Date or delivery more than 365 days after commercial agreement.
b. Prices are in US Dollars.
c. Local or state taxes are not included in this proposal.
2) This proposal by Seller is contingent upon: (i) Seller’s written acceptance of the signed proposal, a purchase order, or
other document issued by the Buyer in response to this proposal; and (ii) Buyer’s assent to the terms and conditions
contained in this proposal, such terms to take precedence in the event of conflict with any other terms or documents
incorporated into the contract arising out of this proposal unless otherwise agreed in a writing, signed by Seller; and (iii)
satisfactory completion of an anti-corruption due diligence review, if applicable.
3) All of the information supplied by Seller in connection with this proposal (including drawings, designs and specifications)
(the “Information”) is confidential and/or proprietary and has been prepared for Buyer’s use solely in evaluating the
purchase of the equipment and/or services described herein. Transmission of all or any part of the Information to others,
or use by Buyer for any purpose other than such evaluation, is expressly prohibited without Seller’s prior written consent.
4) Please return a signed copy of this proposal or address and send your purchase order to:
PSI Water Technologies, Inc.
550 Sycamore Drive
Milpitas, CA 95035
Attn: Guy Chadwell
Phone: 408.819.3043
Fax: 408.866.4660
E-mail: gchadwell@ugsicorp.com
Thank you for your interest in PSI Water Technologies, Inc. We are committed to meeting your expectations.
Proposal Acceptance
An authorized signature indicates Buyer's acceptance of this proposal, including without limitation Seller's
Terms and Conditions below.
_________________________________ ______________________________
Company Name Buyer's Name (printed)
_________________________________ ______________________________
Date Buyer's Authorized Signature
_________________________________
Requested Arrival Date
Bill To Name: _______________________ Ship To Name: ________________________
Bill To Email: _______________________Ship To Email: ________________________
Bill To Phone: _______________________Ship To Phone: ________________________
Bill to Address:_______________________ Ship to Address: ________________________
City State ZipCity State Zip
SECTION 3
TERMS AND CONDITIONS
®
MonoclorResidual Control System
1. Applicable Terms. PSI Water Technologies, Inc. (“Seller”) will sell, and the buyer (“Buyer”) will purchase, the
products and/or services referred to in Seller’s proposal or quotation (collectively, the "Products"), subject to these
terms and conditions, including the Warranty Attachments hereto (the “Warranty Attachments”, and such Warranty
Attachments, together with these Terms and Conditions, being referred to herein as the “Terms”). The front page of
Buyer’s purchase order (disregarding any reference to terms and conditions and any provisions that conflict with the
Terms), if any, together with the description of the Products in Seller’s proposal or quotation and the Terms, constitute
the complete and exclusive agreement between the parties related to the purchase and sale of the Products (the
“Agreement”). All prior communications, documents, negotiations and representations, if any, are merged herein.
Whether the Terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on
Buyer's assent to the Terms. Any additional, different or conflicting terms contained in Buyer's request for proposal,
specifications, purchase order or any other written or oral communication from Buyer shall not be binding in any way
on Seller, whether or not they would materially alter this document, and Seller hereby objects thereto. All orders are
subject to prior credit approval by Seller.
2. Pricing. The prices shall be as stated in Seller's proposal or order acknowledgment.
3. Payment. Unless otherwise stated, all payments shall be net 30 days from invoice date payable in United States
Dollars. Unless provided otherwise in Seller’s proposal, 20% of the purchase price will be invoiced on approved
submittals, and 80% will be invoiced on shipment. If Buyer fails to make any payment to Seller when due, Buyer's
entire account(s) with Seller will become immediately due and payable without notice or demand. Buyer will pay
1½% interest per month, compounded monthly, on all amounts not received by the due date. Buyer hereby grants
Seller a purchase money security interest in the Products until such time as Seller is fully paid. Buyer will assist Seller
in taking action to perfect and protect Seller's security interest. Seller may make partial shipments, in which case,
Buyer shall pay for each shipment in accordance with the terms hereof.
4. Taxes, Shipping, Packing Except to the extent expressly stated otherwise in Seller’s proposal, prices do not
include any freight, storage, insurance, taxes, excises, fees, duties or other government charges, and Buyer shall pay
such amounts or reimburse Seller for any such amounts Seller pays. If Buyer claims a tax or other exemption or direct
payment permit, it shall provide Seller with a valid exemption certificate or permit and indemnify, defend and hold
Seller harmless from any taxes, costs, and penalties arising out of same. Prices include the costs of Seller's standard
domestic packing only. Any deviation from standard packing (domestic or export) shall result in extra charges. Any
and all increases, changes, adjustments, or surcharges (including fuel surcharges) which may arise in connection with
the freight charges, rates or classification included as part of the Agreement, shall be for the Buyer’s account.
5. Delivery. Products shall be delivered F.O.B. Seller's point of shipment. All delivery dates are estimated and are
dependent in part upon prompt receipt of all necessary information from Buyer, including submittal approvals, if
applicable, and all required commercial documentation. Seller will make a good faith effort to complete delivery of
the Products on the date and to the location specified in writing by Buyer, but Seller assumes no liability for loss or
damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller. If Buyer
causes or requests a shipment delay, or if Seller ships or delivers the Products erroneously as a result of inaccurate,
incomplete or misleading information supplied by Buyer or its agents or representatives, storage and all other
additional costs and risks will be borne solely by Buyer. Any claims for Products damaged or lost in transit (“Transit
Losses”) must be made by Buyer to the carrier and reported to Seller within one business day following delivery to
Buyer.
6. Inspection and Acceptance. Buyer will have seven days from the date Buyer receives any Products to inspect
such Products for defects and nonconformance which are not due to Transit Losses, and to notify Seller, in writing, of
any defects, nonconformance or rejection of such Products. After such seven-day period, Buyer will be deemed to
have irrevocably accepted the Products, if not previously accepted. After such acceptance, Buyer will have no rightto
reject or revoke acceptance of the Products for any reason; provided that Buyer retains all rights in respect of the
warranties in, or referred to in, Section 9 below.
7. Returns and Cancellation. Buyer may not return custom engineered Products. Buyer may return other Products
only with Seller’s prior written approval, which may be withheld in Seller’s sole discretion. Any authorized return
will be subject to payment of a restocking charge and will be allowed only if the subject Product: (i) is in new
condition, suitable for resale, and (ii) has not been used, installed, modified, altered or damaged. The restocking charge
for authorized returns will be no less than (x) 25% of the purchase price, net of any freight charges included in the
purchase price, plus (y) 100% of freight costs incurred by Seller. Buyer is responsible for the payment or
reimbursement of return freight charges. Returns will be shipped F.O.B. Seller’s location. Seller may, but will not be
obligated to, treat any cancellation of an accepted order as an authorized return.
8. Force Majeure. Seller will have no liability for any breach caused by extreme weather or other act of God, strike
or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal
sources of supply, act of government, or any other cause beyond Seller's reasonable control.
9. Warranty. If the RCS System being supplied includes a Microclor® system and/or a PAX Mixer, the principal
components of the Microclor® system(s) and the PAX Mixer are warranted as set forth in the applicable Warranty
Attachment(s). Seller warrants that all other Products will be free from defects in material and workmanship for 12
months from initial operation or 18 months from shipment, whichever is earlier (the “Warranty Period”). Seller’s
warranties are conditioned on (i) the Product being stored, installed, operated and maintained in accordance with
Seller's instructions; (ii) no repairs, modifications or alterations being made to the Product other than by Seller or its
authorized representatives; (iii) Buyer providing prompt written notice of any warranty claims within the Warranty
Period; (iv) Seller’s verification of the claimed breach of warranty; and (v) at Seller's discretion, Buyer either removing
and shipping the Product or non-conforming part thereof to Seller, at Buyer's expense, or Buyer granting Seller access
to the Product at all reasonable times and locations to assess the warranty claims. Seller’s warranties do not apply to
software and do not cover ordinary wear and tear.
If the claimed breach of warranty is verified by Seller, then, as the sole and exclusive remedy of Buyer or the initial
end-user of the Product, Seller will, at Seller’s sole option (a) repair the applicable Product or component free of
charge, or (b) replace the applicable Product or component free of charge F.O.B. Buyer’s facility. The warranty on
repaired or replaced Products or component parts is limited to the remainder of the original Warranty Period. Buyer
shall be responsible for (x) any labor required to gain access to the Product or component or so that Seller can assess
the available remedies; and (y) all costs of installation of repaired or replacement Products or components.
THE WARRANTIES SET FORTH IN THIS SECTION 9 AND IN THE WARRANTY ATTACHMENT(S) ARE
INTENDED TO BE SELLER’S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE PRODUCTS
AND SELLER’S WARRANTIES ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, OR
ANY WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
NOTWITHSTANDING THE FOREGOING, IF IT IS ALLEGED OR DETERMINED THAT SELLER HAS MADE
ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BY COURSE OF DEALING OR USAGE
OF TRADE, SUCH OTHER WARRANTIES SHALL BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS
AND PROCEDURES SET FORTH IN THIS SECTION 9, THE WARRANTY ATTACHMENT(S), AND SECTION
10 BELOW.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY,
SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR
OTHER INDIRECT DAMAGES, AND SELLER’S TOTAL LIABILITY ARISING AT ANY TIME FROM THE
SALE OR USE OF THE PRODUCTS WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE
PRODUCTS. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT,
STRICT LIABILITY OR ANY OTHER THEORY. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE
INTENDED TO CONSTITUTE A COMPLETE ALLOCATION OF THE RISKS BETWEEN THE PARTIES, AND
BUYER ACKNOWLEDGES THAT IT IS KNOWINGLY LIMITING THE REMEDIES THAT MIGHT
OTHERWISE BE AVAILABLE TO BUYER. BECAUSE THIS AGREEMENT AND THE PRICE PAID REFLECT
SUCH ALLOCATION, THE REMEDIES PROVIDED TO BUYER HEREUNDER WILL NOT HAVE FAILED OF
THEIR ESSENTIAL PURPOSE EVEN IF THEY OPERATE TO BAR RECOVERY FOR CERTAIN DAMAGES
THAT BUYER MAY INCUR.
11. Remedies of Seller. Any of the following will constitute an event of default which will enable Seller, at its
option and without liability to Buyer, to cancel any unexecuted portion of the order that is the subject of this Agreement
and to exercise any other right or remedy expressed herein or otherwise available at law or in equity: (i) the failure of
Buyer to make any payment required hereunder when due (“Payment Default”) or to perform any other term or
condition contained herein; (ii) the insolvency of Buyer or its failure to pay its debts as they mature, an assignment by
Buyer for the benefit of its creditors, the appointment of a receiver for Buyer or for the materials covered by this
Agreement, or the filing of any petition to adjudicate Buyer bankrupt; (iii) a failure by Buyer to provide adequate
assurance of performance within ten days after a justified demand by Seller; or (iv) if Seller, in good faith, believes
that Buyer's prospect of performance under this Agreement is impaired. Seller’s obligations under Section 9 hereof
and the Warranty Attachments will be suspended during the pendency of any Payment Default. No such suspension
will extend Seller’s obligations under Section 9 or the Warranty Attachments beyond the period provided therein.
Seller’s election of any remedy in the event of a default by Buyer will not preclude Seller from exercising any other
remedy available to Seller hereunder or at law or in equity for the same or any other default. In the event it becomes
necessary to incur any expense for collection of any overdue account, Seller’s collection charges, including attorneys’
fees and expenses, will be added to the balance due and Buyer will pay all such charges together with interest thereon
from the date incurred in accordance with Section 3.
12. Equal Employment Opportunity. Seller is an equal opportunity employer. The parties shall, as applicable,
abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a), 41 CFR 60-741.5(a) and Executive Order 13496
(29 CFR Part 471, Appendix A to Subpart A) (relating to the notice of employee rights under federal labor laws), and
these laws are incorporated herein by reference.
13. Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and
regulations relating to the sale, exportation, transfer, assignment, disposal, and usage of the Products provided under
the Agreement, including any export license requirements. Buyer agrees that such Products shall not at any time
directly or indirectly be used, exported, sold, transferred, assigned, or otherwise disposed of in a manner which will
result in non-compliance with such export laws and regulations. It shall be a condition of the continuing performance
by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times.
BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS,
LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH
APPLICABLE EXPORT LAWS AND REGULATIONS.
14. Miscellaneous. No part of this Agreement may be changed or cancelled except by a written document signed by
Seller and Buyer. As used in this Agreement, “including” and its variants mean “including without limitation” and its
variants. No course of dealing or performance, usage of trade, or failure to enforce any term will be used to modify
the Agreement. Buyer acknowledges that it has not relied upon any letters of intent, agreements, promises,
negotiations, statements or representations other than those expressly set forth in this Agreement and that no such
extraneous document or other communication shall be of any force or effect. Buyer agrees and warrants that in
entering into this Agreement, Buyer is relying solely upon the information contained in this Agreement and not in
reliance upon any other information. If any of the Terms is unenforceable, such Term will be limited only to the
extent necessary to make it enforceable, and all other Terms will remain in full force and effect. Buyer may not assign
this Agreement without Seller’s prior written consent. This Agreement will be governed by the laws of the State of
California without regard to its conflict of laws provisions. The application of the United Nations Convention on
Contracts for the International Sale of Goods is excluded. Any bond issued by Seller in connection with the sale of
the Products shall remain in effect for a maximum of two (2) years after acceptance of the Products, and the only
warranty, guaranty or Product performance obligations covered thereby shall be those at Section 9 above and in the
Warranty Attachments. All Product performance obligations of Seller are contingent on the design criteria and the
condition of the influent and the raw materials being as specified by Seller and will be considered satisfied and
discharged upon successful completion of the initial Product performance testing. EACH OF THE PARTIES
IRREVOCABLY AND UNCONDITIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY IN RESPECT OF ANY
LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING IN CONNECTION WITH THE
TRANSACTION CONTEMPLATED HEREBY.
February 7, 2020
Mr. Jerry Davis
Water Operations Supervisor
816 S. Coppell Road
Coppell, TX 75019
RE: City of Coppell, TX - PSI Water Technologies Residual Control System
Dear Mr. Davis,
PSI Water Technologies, Inc. (PSI) proposes to provide a PSI Residual Control System to the
City of Coppell for the two-million-gallon Wagon Wheel Water Tower 2 Tank. The PSI
Residual Control System is designed, manufactured and supplied by PSI of Milpitas,
California. The PSI Residual Control System utilizes proprietary algorithms to monitor and
control the flow and quantities of chemicals used for controlling chlorine residuals in
potable water storage tanks. These algorithms are covered by one or more patent
applications filed by PSI and its sister company, PAX Water Technologies, Inc. (see
www.psipatents.com and www.paxwaterpatents.com). PSI holds the exclusive rights to the
algorithms covered by the referenced patent applications and is the sole manufacturer of
residual control systems covered by one or more of the referenced patent applications.
There is no other residual management system on the market that can perform the
complex tasks provided by the PSI Residual Control System:
Providing a completely mixed and chemically homogeneous body of water;
Determining tank total chlorine levels, ORP and pH;
Using the above analysis in a chemical dosing algorithm to add the
appropriate amount of ammonia and chlorine to reach the tank's desired
residual set-point;
Dosing the chemicals accurately into the tank; and
Managing the described dosing strategy in the dynamic environment of a tank as
it cycles and changes water volume throughout the normal daily operating cycle.
Environmental Improvements, Inc. (EI²) is PSI independent representative for PSI Residual
Control Systems in Texas. EI² possesses the technical expertise and service capability to provide
residual control solutions to address its customers water quality requirements.
Phone: (408) 370-6540 Fax: (408) 866-4660 Web: www.4psi.net
tğŭĻ Ћ
If you have further questions, please contact John Koch at 281-636-6129.
Sincerely,
Guy Chadwell
Vice President and General Manager
PSI Water Technologies, Inc.
1077 Dell Ave. Suite A
Campbell, CA 95008
Phone: (408) 370-6540 Fax: (408) 866-4660 Web: www.4psi.net
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: May 26, 2020
Reference: Presentation requesting the City Council to change the current ordinance against
backyard chickens to allow up to four (4) hens on lots under 7,500 square feet and
six (6) hens on lots 7,500 square feet or larger; and to prohibit roosters.
Introduction:
The City of Coppells Zoning Ordinance, which can be found in Chapter 12 of the Citys Code of
Ordinances, currently prohibits poultry in single-family residential districts. Chapter 12, Articles 9
13 specifically address single-family residential districts. The Use Regulations listed in Section
12-9-1 of the City of Coppells Zoning Ordinance expressly prohibits poultry. Item 3 under Section
12-9-1 states:
A building or premise shall be used only for the following purposes:
3.
The keeping of dogs, cats, and other normal household pets, put limited to four animals over six
months old. No more than three large animals, specifically horses, cattle and sheep, can be
maintained per acre of lot area. Swine and poultry are expressly prohibited.
S.B. No. 1620 was introduced in 2017 to allow for up to six chickens within the boundaries of a
municipality, but the Bill did not pass. To date, there has not been any legislation passed that
overturns the prohibition of poultry in the Citys Zoning Ordinance.
A copy of Chapter 12, Article 9 of the Zoning Ordinance is attached.
1
Sec. 6-11.1. - Regulations on the keeping of chickens.
(a) A person commits an offense if he keeps or maintains:
(1) More than one (1) rooster without having a minimum of six (6) hens or more than twenty-five
(25) chickens total, including the rooster, on land of one (1) acre or less.
(2) More than one (1) rooster for every six (6) hens on land greater than one (1) acre.
(b) A person commits an offense if he houses or keeps chickens in a structure or enclosure at a
distance within twenty-five (25) feet from any building or structure used or intended for human
occupancy or human habitation located on another's property.
(c) A person commits an offense if he keeps or maintains chickens in an enclosure that is not:
(1) Designed, erected, and maintained in accordance with applicable building and zoning
requirements of city code;
(2) A three (3) or more sided structure with a minimum of one (1) square foot of roosting area per
chicken with a roof or cover to allow the chickens to remain dry and protected from the elements
and has direct access from the roosting area to an outdoor enclosure that is a minimum of ten
(10) square feet of ground area per chicken;
(3) Constructed and maintained to reasonably prevent the collection of standing water;
(4) Easily accessed;
(5) Cleaned of droppings, uneaten feed, feathers, and other waste weekly or more often as
needed to prevent foul odor;
(6) Predator proof; and
(7) Thoroughly ventilated.
(d) A person commits an offense if he keeps or maintains chickens without fresh water at all times and
food in sufficient quantity and with nutritive value to maintain the health of the animal.
(e) A person commits an offense if he slaughters any chicken in public view.
(f) A person commits an offense if he keeps or maintains yards, pens, coops, or other enclosures in
which chickens are confined in such a manner as to give off odors offensive to persons of ordinary
sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects or
rodents, or in any manner to endanger the public health, safety or welfare, or to create a public
nuisance.
(g) Affirmative defense. It is an affirmative defense to this section if a person keeps or maintains a
rooster when it is:
(1) Being exhibited during a special event approved by the city;
(2) Owned by and kept on premises of a governmental entity for the purposes of a research,
educational, or similar program conducted by a governmental entity;
(3) Owned by and kept on premises of a medical, educational, or research institution for scientific
or educational purposes, operating in compliance with all city ordinances and state and federal
laws.
( Ord. No. 2017-9935, § 2, 4-6-17 )
ARTICLE VIII. - FOWL, RABBITS AND GUINEA PIGS
Sec. 6-281. - Enclosure requirements.
(a) Fowl, rabbits and guinea pigs must be kept indoors, or if outdoors, in a secure pen or enclosure.
Litter and droppings from these animals must be collected and disposed of in accordance with
section 6-42; provided, however that the provisions of this section shall not apply to ducks or other
waterfowl inhabiting natural or man made watercourses or bodies of water.
(b) No more than four poultry shall be kept on any lot up to one acre in size. Poultry coops or other
buildings for the housing of poultry shall not be located within ten feet of any property line.
(c) It shall be unlawful for any person to knowingly possess a rooster on any lot less than one acre in
size.
(Code 1989, ch. 2, § 13.01; Ord. No. 61-03, § 2, 10-6-2003; Ord. No. 37-12, §§ 2, 3, 9-17-2012)
Sec. 6-282. - Number of pigeons.
It shall be unlawful for any person to knowingly be in possession of more than 25 pigeons on any
premises in the town. It shall be a defense to prosecution regarding the number of pigeons being kept,
that no more than the number and kinds of pigeons in question were being kept on the same premises,
by the same owner, prior to the adoption of this chapter.
(Code 1989, ch. 2,§ 13.02)
Sec. 6-283. - Taking of peafowl prohibited.
(a) It shall be unlawful for any person to take any peafowl.
(b) As used in this section, "take" means taking, attempting to take, hunting, molesting, capturing, or
killing any peafowl, their nests or eggs, by any means, whether or not such actions result in obtaining
possession of peafowl or their nests or eggs.
(c) Exceptions.
(1) Nothing in this section shall prevent a property owner from removingpeafowl from his or her
own property in a manner that does not physically injure the peafowl.
(2) Nothing in this section shall prevent the construction or repair of public improvements.
( Ord. No. 40-15 , § 1, 7-20-2015)
Secs. 6-284—6-310. - Reserved.
#DateNameComments
15/14/2020Sadie Oh
Yes, I support backyard chickens in
25/17/2020Elise AnthonyCoppell
35/17/2020Rebecca Visconti
45/17/2020Joy CooperYes to chickens!
55/17/2020Andrea Solka
65/17/2020Greg Goyne
75/17/2020Aubrey Yelton
85/17/2020Alyssa Martinson
95/17/2020Margie DonohueYes to the hens!
105/17/2020Samantna Waugh
115/17/2020Grace Adamson
125/17/2020Pam Kanthor
135/17/2020Pamela Varnell
145/17/2020Kristin CummingsI vote yes for allowing chickens.
155/17/2020Danielle Kalwat
165/17/2020Jenniffer
175/17/2020Judy Schlapper
Therese M I support backyard chickens in
MonseCoppell.
185/17/2020
195/17/2020Sandy Capps
I wholeheartedly support this
205/17/2020Jennifer Faulknerpetition.
215/17/2020Blair Baker
225/17/2020Rebecca Vanyo
235/17/2020
Rhonda Oilepo
24
5/17/2020 Rachel Smith
255/17/2020nancy leahy
Hens would be a welcome change to
the city ordinances - recent times
have highlighted how import self-
sufficiency and homesteading is
when food sources can be scarce.
Also a great nod to our farmland
roots as a town.
265/17/2020Brendan Smith
I would like the opportunity to have
backyard chickens. They provide for
me and improve my compost for my
27gardens.
5/17/2020Janet Rensmeyer
285/17/2020Elsy Camacho
I would like just a few hens for fresh
eggs and insect control in my yard.
295/17/2020Rhonda LeGrosNo roosters.
305/17/2020GunjanI support 4 chicken.
315/17/2020Heidi Castle
325/17/2020Sherry Webb
335/17/2020Christie Jones
345/17/2020Christine Becker
355/17/2020Rory Carrick
365/17/2020Steven SchaefferI support this initiative.
375/17/2020Carla Verrando
385/17/2020Charlotte Thomas
395/17/2020Andrea4 chickens and no roosters
Rebecca
405/17/2020Singleton
415/17/2020leslie buckley
Michael
Milosevich
425/17/2020
435/17/2020Kim Stacey
445/17/2020Maranda Walker
455/17/2020Sherie Skillern
465/17/2020Kristin Neel
475/17/2020Kevin Ritch
485/17/2020Bridget Eyler
495/17/2020Ashley Moses
505/17/2020Matthieu Rajalu
515/17/2020RM C
525/17/2020Rachael
535/17/2020Elif
Denise
Easterwood
545/17/2020
555/17/2020Jessica Kinler
The fact that coppell does allow
them already is just foul.
565/17/2020JoshMcKibben
575/17/2020Katy willey
585/17/2020Uma Hart
595/17/2020Kate
605/17/2020Marsha Tunnell
615/17/2020CW St John
Backyard chickens contribute toward
self-sufficiency and emergency-
preparedness. Yes, we need them!
625/17/2020Linus Toy
Yes we should allow backyard
635/17/2020Zainabchickens
645/17/2020Regina Romero
655/17/2020James Burnett
665/17/2020Rachel Lisle
675/17/2020Dan Crutchfield
685/17/2020Jason JacobsI support this
695/17/2020Torii Turman
I have seen uninformed people raise
a concern over smell. Household
pets such as dogs or cats create offal
that isn’t recycled and has a
strong odor. Chickens offal can be
composted snd has less smell
coming from a mostly vegetarian
diet.
705/17/2020Sharrie Ely
The Armenta family fully supports
this petition and hope that the
governing bodies of Coppell look at
this with open eyes, an open mind,
and open hearts.
715/17/2020Amy Armenta
725/17/2020Jessica Wilson
735/17/2020Preston ward
745/17/2020Shari Del Mazo
I support allowing chickens in
backyards.
755/17/2020Stacy Gibson
765/17/2020Teresa Wolf
775/17/2020Jamie Woodward
785/17/2020Donna Ramsey
795/17/2020Lisbeth Serna
805/17/2020Karynn LugoLet’s do this!
Angela Rae I support allowing Chicken keeping in
WilliamsonCoppell!
815/17/2020
825/17/2020Stephen
835/17/2020Tiffany
845/17/2020Nicola Hodgson
855/17/2020Leia
865/17/2020Tim Hall
875/17/2020Andi FeilleFully support this!!
Yes please!! We we're getting ready
to get some when we found out a
little while back they were just
banned??!!! So disappointing...
885/17/2020Julie Lowery
895/17/2020Erin Bender
I think chickens are no worse than
cats or dogs as long as the person
owning them has enough room and
90can do it safely.
5/17/2020Kim
915/17/2020Linda MaeshimaI support this.
925/17/2020Courtney White
935/17/2020Ken Levin
945/17/2020Amy Myers
955/17/2020Longe Edwards
965/17/2020Janis Proctor
975/17/2020Kris Honey
985/17/2020Nancy Petterson
995/17/2020Dru McCready
1005/17/2020Michelle Behm
Kristi
Cocanougher
1015/17/2020
1025/17/2020Luis Garza
1035/17/2020Rani Malaickal Fully supported!
1045/17/2020Natalie Claunch
4 chickens is minimal and very
helpful to families
1055/17/2020Daniel Rodriguez
1065/17/2020Lindsay Larson
1075/17/2020
Beverly Widner
1085/17/2020Lindsay
1095/17/2020Manvinder Kainth
1105/17/2020Rebekah Krone Best of luck getting this passed!
1115/17/2020Caden
1125/17/2020Marissa Coleman
1135/17/2020Michael Lugo
1145/17/2020Paola Lozano
I agree it would be a positive move
to allow backyard chickens in
1155/17/2020Gary CravensCoppell!
1165/17/2020Meghan cline
1175/17/2020Chevon Benton
1185/17/2020Ron Rychlinski
1195/17/2020Chris PearsonThank you for taking up the charge.
1205/17/2020Adriana
1215/17/2020Rosemond Cates
1225/17/2020Zoe
1235/17/2020Chelsea
Stephanie
Rosales
1245/17/2020
Edward
1255/17/2020Goodreau
On behalf of my young daughter, she
loves to garden and is very
interested in learning to care for
chickens to produce eggs. Please
change the city ordinance.
Respectfully, -Cato Family
1265/17/2020Chris Cato
1275/17/2020Megan Lozano
1285/17/2020Jennifer Murphy
This request appears consistent with
what is allowed in surrounding
communities.
1295/17/2020Elizabeth Bargar
1305/17/2020Megan
131
5/17/2020Gail CottingChickens, not roosters
Stephanie
1325/18/2020Gieselman
1335/18/2020Philippa Krauss
1345/18/2020Phillip Morse
1355/18/2020Jennifer Judd
1365/18/2020Dee Presley
1375/18/2020Ashby
1385/18/2020Nancy Moore
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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: May 26, 2020
Reference: Consider approval of an agreement with Andy Frain Services for contracted security
services for the Arts Center not to exceed budgeted annual expenses of
$87,000; and authorizing the City Manager to sign any necessary documents, after
legal review by City Attorney.
2030: Community Wellness and Enrichment
Community Gathering Places
Expanding Cultural Arts Amenities and Opportunities
Sustainable City Government
Excellent City Services with High Level of Customer Satisfaction
Introduction:
The Coppell Arts Center will require contracted service providers for daily operations. These
service vendors include a food and beverage operator, custodial service and event setup/teardown
provider, a parking management and valet operator, and an event security services company. The
Center’s staff along with the assistance of Procurement and key team members from Public Safety,
Public Works, and Parks and Recreation, conducted four (4) Request for Proposals to select the
service vendors required to operate the facility. The RFP’s were conducted in accordance with
municipal procurement law and vendors were selected using best-solution criteria which included
experience, customer service approach, referrals, pricing structure, and alignment with the City’s
core values. The entire selection process was chronicled and summarized into the document “CAC
Vendor Selection Summary,” which is included as backup for this memo.
Analysis:
Andy Frain Services is the vendor selected by the RFP committee.
They will be responsible for providing all event security labor and daily command center
monitoring.
Staff received four (4) proposals from the RFP process.
1
Committee members who reviewed proposals and conducted interviews were Charles Ellis,
Alex Hargis, Bethany Atwell, Bryan Nortin, Bryant Yaeger, Sgt. Walter Largent.
Three (3) year agreement
Vendor is a national company based in Chicago with a regional office in Dallas withnearly
a century of experience in the event security industry
Vendor proposed the lowest labor rates of all respondents
Vendor has proprietary technology that will provide superior security staff management and
reporting
Current clients include AT&T Stadium and Dos Equis Pavilion
Vendor received stellar recommendations from referrals and current clients
Vendor can provide Center branded uniforms at no additional costs
RATES
o Licensed security officer: General
$17.75 (Regular Time)
$26.63 (Overtime)
o Supervisor
$20.90 (Regular Time)
$31.35 (Overtime)
o Equipment purchased by Andy Frain for our project: Cost + 5% markup
Legal Review:
Legal and Procurement have reviewed the contract agreement.
Fiscal Impact:
The service agreement was structured with the lowest possible rates that provide the best
benefit to all parties involved. The rates established in the service vendor agreement have been
budgeted for fiscal year 2020-2021.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
2
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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: May 26, 2020
Reference: Consider approval of an agreement with Entrust for contracted custodial services
for the Arts Center, not to exceed budgeted annual expenses of $62,000; and
authorizing the City Manager to sign any necessary documents, after legal review by
City Attorney.
2030: Community Wellness and Enrichment
Community Gathering Places
Expanding Cultural Arts Amenities and Opportunities
Sustainable City Government
Excellent City Services with High Level of Customer Satisfaction
Introduction:
The Coppell Arts Center will require contracted service providers for daily operations. These
service vendors include a food and beverage operator, custodial service and event setup/teardown
provider, a parking management and valet operator, and an event security services company. The
Center’s staff along with the assistance of Procurement and key team members from Public Safety,
Public Works, and Parks and Recreation, conducted four (4) Request for Proposals to select the
service vendors required to operate the facility. The RFP’s were conducted in accordance with
municipal procurement law and vendors were selected using best-solution criteria which included
experience, customer service approach, referrals, pricing structure, and alignment with the City’s
core values. The entire selection process was chronicled and summarized into the document “CAC
Vendor Selection Summary,” which is included as backup for this memo.
Analysis:
Entrust is the vendor selected by the RFPcommittee.
They will be responsible for all cleaning of the facility and occasional assistance with room
setups and breakdowns.
Staff received seven (7) proposals from the RFP process.
1
Committee members who reviewed proposals and conducted interviews were Charles Ellis,
Alex Hargis, Bethany Atwell, Bryan Nortin, Bryant Yaeger, and Steve Shore.
One (1) year agreement with automatic renewal
Dallas-based vendor that can provide better communication and responsiveness
Provided one of the lower rates for labor, equipment, and supplies
Vendor does not bill for overtime
Current clients include the AT&T Performing Arts Center and AT&T Stadium. We will
work with the account manager who handles those venues
Vendor has hospital clients and is capable of Level-3 disinfectant cleaning for those venue
types
Vendor is the most knowledgeable about window washing procedures out of all the
respondents
RATES
o Hourly general cleaning custodial
Regular - $16.08
Supervisor - $17.42
o Post event cleaning custodial
Regular - $17.42
Supervisor - $18.76
o Hourly event cleaning porters
Regular - $16.75
Supervisor - $17.42
o Hourly set-up / conversion staff
Regular - $20.10
Legal Review:
Legal and Procurement have reviewed the contract agreement.
Fiscal Impact:
The service agreement was structured with the lowest possible rates that provide the best
benefit to all parties involved. The rates established in the service vendor agreement have been
budgeted for fiscal year 2020-2021.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
2
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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: May 26, 2020
Reference: Consider approval of an agreement with Lone Star Valet for contracted parking
services for the Arts Center, not to exceed budgeted annual expensesof $100,000; and
authorizing the City Manager to sign any necessary documents, after legal review by
City Attorney.
2030: Community Wellness and Enrichment
Community Gathering Places
Expanding Cultural Arts Amenities and Opportunities
Sustainable City Government
Excellent City Services with High Level of Customer Satisfaction
Introduction:
The Coppell Arts Center will require contracted service providers for daily operations. These
service vendors include a food and beverage operator, custodial service and event setup/teardown
provider, a parking management and valet operator, and an event security services company. The
Center’s staff along with the assistance of Procurement and key team members from Public Safety,
Public Works, and Parks and Recreation, conducted four (4) Request for Proposals to select the
service vendors required to operate the facility. The RFP’s were conducted in accordance with
municipal procurement law and vendors were selected using best-solution criteria which included
experience, customer service approach, referrals, pricing structure, and alignment with the City’s
core values. The entire selection process was chronicled and summarized into the document “CAC
Vendor Selection Summary,” which is included as backup for this memo.
Analysis:
Lone Star Valet is the vendor selected by the RFP committee.
They will be responsible for providing all valet services, parking lot management, payment
collection, and related equipment.
Staff received eight (8) proposals from the RFP process.
1
Committee members who reviewed proposals and conducted interviews were Charles Ellis,
Alex Hargis, Bethany Atwell, Bryan Nortin, Bryant Yaeger, Sunday Smith, and Lloyd
Mauch.
Three (3) year agreement
Dallas-based vendor that can provide better communication and responsiveness
Vendor is one of two respondents who specialize in valet as well as parking
Vendor is committed to installing their own cameras to provide information regarding
collision and customer serviceissues
Current clients include Mercedes-Benz of Plano, Legends at The Star, and FC Dallas
Vendor had the strongest presentation regarding their approach towards customer service.
They provide prompt insurance claim adjustments and “WOW” gift boxes to anycustomer
whose car is damaged under their care.
RATES
o $1,000 / month management and administration fee
o Center events: $16/hr parking lot attendants and $20/hr valet attendants
o Private events: $22/hr parking lot attendants and $26/hr valet attendants
o $2/hr annual incremental increase for Center events in years two and three of the
agreement
Legal Review:
Legal and Procurement have reviewed the contract agreement.
Fiscal Impact:
The service agreement was structured with the lowest possible rates that provide the best
benefit to all parties involved. The rates established in the service vendor agreement have been
budgeted for fiscal year 2020-2021.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
2
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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: May 26, 2020
Reference: Consider approval of an agreement with Culinary Arts Catering for contracted food
and beverage services for the Arts Center, not to exceed budgeted annual expenses of
$45,000; and authorizing the City Manager to sign any necessary documents, after
legal review by City Attorney.
2030: Community Wellness and Enrichment
Community Gathering Places
Expanding Cultural Arts Amenities and Opportunities
Sustainable City Government
Excellent City Services with High Level of Customer Satisfaction
Introduction:
The Coppell Arts Center will require contracted service providers for daily operations. These
service vendors include a food and beverage operator, custodial service and event setup/teardown
provider, a parking management and valet operator, and an event security services company. The
Center’s staff along with the assistance of Procurement and key team members from Public Safety,
Public Works, and Parks and Recreation, conducted four (4) Request for Proposals to select the
service vendors required to operate the facility. The RFP’s were conducted in accordance with
municipal procurement law and vendors were selected using best-solution criteria which included
experience, customer service approach, referrals, pricing structure, and alignment with the City’s
core values. The entire selection process was chronicled and summarized into the document “CAC
Vendor Selection Summary,” which is included as backup for this memo.
Analysis:
Culinary Arts Catering is the vendor selected by the RFPcommittee.
They will be responsible for all food and beverage operations including catering and
concessions.
1
Staff received one (1) proposal from the RFP process and it wasunsatisfactory.
Staff approached three additional companies to submit proposals and received (2) proposals
out of the three candidates
Committee members who reviewed proposals and conducted onsite tastings and interviews
were Charles Ellis, Alex Hargis, and AngelaNelson.
Result is a three (3) yearagreement
Dallas-based vendor that can provide better communication and responsiveness
Competitive commissionstructure
Vendor owns their own kitchen, catering equipment and supplies, and three specialevent
venues
Vendor has a full sales team and appeared the most organized upon our site visit
The vendor had one of the better tastings with excellent flavors, presentation, and ideas for
menu items
Vendor specializes in kosher catering and has a designated sub-caterer for Indian cuisine
Current and previous clients include the Eisemann Center and the Granville Arts Center
Vendor agreed to initially purchase all F&B equipment and set up a lease program with the
City
RATES
o Concession Commissions
Food and non-alcoholic beverages – 8%
Alcoholic beverages – 15%
o Catering Commissions
Food and non-alcoholic beverages – 15%
Alcoholic beverages – 15%
Other Sales – 8%
o Incremental commission increase on catering food and non-alcoholic beverages to
18% on sales >$100,000
o Annual exemptions for stakeholder groups
o 20% discount on all food and beverage for back of house hospitality and VIP Lounge
Legal Review:
Legal and Procurement have reviewed the contract agreement.
Fiscal Impact:
The service agreement was structured with the lowest possible rates that provide the best
benefit to all parties involved. The rates established in the service vendor agreement have been
budgeted for fiscal year 2020-2021.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
2
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MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: May 26, 2020
Reference: Budget Amendment for Fiscal Year 2019-20
2030: Sustainable City Government
Introduction:
This budget amendment is being brought forward to reflect encumbrance carryovers from the prior
fiscal year and some items that have been brought before Council during the first part of the current
fiscal year.
Analysis:
General Fund
General Fund Revenues are being reduced $8,076,837 as a result of the COVID 19 pandemic.
The major revenue sources impacted are sales tax, franchise fees, building permits and
recreation fees.
General Fund expenditures are being increased $3,153,335. $2,671,255 is associated with
encumbrance carryovers. Encumbrance carryovers are those items that were budgeted and
purchased in the previous fiscal year but were not received by year end. The amounts are then
carried forward into the next fiscal year.
In addition to the encumbrance carryover, Legal Services is being increased for the special
counsel for representation regarding sales tax legislation. Public Works is increasing $37,080
for Old Town Signage. $160,000 is being added to Finance for the Risk Assessment approved
by Council in October. Community Development is being amended for the contract with DCTA
to provide transportation services for Coppell businesses.
1
Recreational Fund
Expenditures are being amended for expenditures associated with Riverchase playground.
Municipal Drainage District Fund
Expenditures are being amended for encumbrance carryovers and costs associated with the
design of 2 storm drain outfalls in Denton Creek and Stream G-6 channel stabilization.
Rolling Oaks Memorial Cemetery
Revenues are being amended for anticipated collections. Expenditures are being amended for
encumbrance carryovers.
Donations Special Revenue Fund
Revenues are being amended for anticipated collections. Expenditures are being amended for
encumbrance carryovers.
Parks Special Revenue Fund
Revenues are being amended for anticipated collections. Expenditures are being amended for
costs associated with the Old Town Pavilion Doors.
CRDC - Special Revenue
CRDC revenues are being reduced $1,245,617 as a result of the COVID 19 pandemic. The
major revenue sources impacted are sales tax and Art Center revenue. Expenditures are being
amended for encumbrance carryovers, the installation of MacArthur Boulevard trail, and the
planned transfer to the construction fund for the Art Center construction.
Tree Preservation Fund
Revenues are being amended for anticipated collections.
Police Special Revenue Fund
Expenditures are being amended for encumbrance carryovers.
Crime Prevention Fund
Crime Control revenues are being reduced $1,778,617 as a result of the COVID 19 pandemic.
Expenditures are being amended for encumbrance carryovers
Child Safety Fund
Revenues are being amended for anticipated collections.
Municipal Court Tech Fund
Expenditures are being amended for encumbrance carryovers.
Red Light Fund
Revenues are being amended for anticipated collections. Expenditures are being amended for
encumbrance carryovers
2
Infrastructure Maintenance Fund
IMF revenues are being reduced $1,772,180 as a result of the COVID 19 pandemic.
Expenditures are being amended for encumbrance carryovers and the paving reconstruction of
Oak Grove Lane approved by Council in November.
Water and Sewer Fund
Expenditures are being increased for encumbrance carryovers.
W/S Infrastructure Maintenance Fund
Revenues are being amended $434,080 to reflect the Dallas Water Utilities settlement.
Legal Review:
The 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, 2019 THROUGH SEPTEMBER 30, 2020; 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 5th day of August
2019, 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 10th day
of September 2019, 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. 2019-1520, for the 2019-20 Fiscal Year
Budget, is hereby amended as follows:
General Fund Current Budget Amending Budget Change
Revenues $73,079,812 $65,002,975 $(8,076,837)
Expenditures
Combined Services $3,333,540 $3,352,659 $19,119
Mayor and Council 654,055 703,724 49,669
City Administration 1,418,126 1,437,516 19,390
City Secretary 542,592 565,196 22,604
Legal 336,000 586,014 250,014
CIO 806,117 856,191 50,074
Public Works 1,730,700 2,235,448 504,748
Fleet 1,430,864 1,543,953 113,089
Facilities 3,624,834 3,996,247 371,413
Streets 2,961,270 3,020,809 59,539
Traffic Control 1,495,418 1,510,382 14,964
Fire 17,728,292 18,063,271 334,979
Emergency Management 377,008 597,783 220,775
Life Safety Park 349,914 375,213 25,299
Finance 1,550,892 1,790,448 239,556
Procurement 210,753 206,692 (4,061)
Human Resources 1,730,901 1,795,418 64,517
Municipal Court 1,844,135 1,845,360 1,225
Library 2,346,108 2,367,793 21,685
Police 8,880,283 8,929,775 49,492
Animal Services 523,428 604,120 80,692
Enterprise Solutions 3,649,440 3,809,212 159,772
1
Parks Administration 1,651,380 2,170,828 519,448
Parks 4,665,178 4,467,693 (197,485)
Recreation 2,515,902 2,566,554 50,652
Recreation Programs 306,826 269,165 (37,661)
Community Programs 362,257 360,440 (1,817)
Senior Center 658,343 697,681 39,338
Tennis Center 622,792 598,926 (23,866)
Bio-Diversity 284,455 284,854 399
Community Development Admin 934,405 1,039,537 105,132
Inspections 951,923 991,810 39,887
Environmental Health 423,053 419,629 (3,424)
Planning 471,501 511,190 39,689
Development Services 230,483 184,972 (45,511)
Total Expenditures $3,153,335
Decrease in Designated Fund Balance 2,743,335
Net Expenditure Increase 410,000
Net Decrease in Undesignated Fund Balance $ 410,000
Recreational Fund Current Budget Amending Budget Change
Expenditures $-0- $6,000 $6,000
Net Decrease in Projected Fund Balance $6,000
Municipal Drainage Dist Current Budget Amending Budget Change
Expenditures $296,896 $646,453 $349,557
Net Decrease in Projected Fund Balance $349,557
Rolling Oaks Current Budget Amending Budget Change
Revenues $687,667 $861,667 $174,000
Expenditures 892, 781 892,960 179
Net Increase in Projected Fund Balance $173,821
Donations Current Budget Amending Budget Change
Revenues $17,000 $38,001 $21,001
Expenditures 16,500 26,837 10,337
Net Increase in Projected Fund Balance $10,664
Parks Current Budget Amending Budget Change
Revenues $2,500 $5,000 $ 2,500
Expenditures 352,000 367,343 15,343
Net Decrease in Projected Fund Balance $12,843
CRDC Special Rev Current Budget Amending Budget Change
Revenues $9,198,270 $7,952,653 $(1,245,617)
Expenditures 5,676,295 19,299,804 13,623,509
Net Decrease in Projected Fund Balance $14,869,126
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $500 $58,650 $58,150
Net Increase in Projected Fund Balance $58,150
2
Police Spec. Rev. Fund Current Budget Amending Budget Change
Expenditures $93,000 $93,954 $ 954
Net Decrease in Projected Fund Balance $ 954
Crime Control Current Budget Amending Budget Change
Revenues $6,170,000 $4,391,415 $(1,778,585)
Expenditures 5,434,973 $5,586,637 151,664
Net Decrease in Projected Fund Balance $ 1,930,249
Child Safety Fund 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
Expenditures $-0- $87,773 $87,773
Net Decrease in Projected Fund Balance $87,773
Red Light Current Budget Amending Budget Change
Revenues $-0- $5,113 $ 5,113
Expenditures 183,400 886,437 703,037
Net Decrease in Projected Fund Balance $697,924
Infrastructure Maint. Fund Current Budget Amending Budget Change
Revenues $9,375,000 $7,602,820 $(1,772,180)
Expenditures 10,758,152 20,293,943 9,535,791
Net Decrease in Projected Fund Balance $11,305,971
Water/Sewer Fund Current Budget Amending Budget Change
Expenses
Utility Operations $2,711,138 $3,491,545 $780,407
Utility Billing 689,829 696,254 6,425
Net Decrease in Projected Retained Earnings $786,832
W/S Infrastructure Current Budget Amending Budget Change
Revenues $5,000 $439,080 $434,080
Net Decrease in Projected Retained Earnings $434,080
3
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 26th day of
May 2020.
APPROVED:
______________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY
4
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MEMORANDUM
To:Mayor and City Council
From:Mike Land, City Manager
Date: May 26, 2020
Reference: Interlocal Agreement between the Dallas County Commissioners Court and the
City of Coppell for theadministrationand distribution of a portion of Dallas
County’s CARES Act funds in accordance with the Guidance from the United
States Treasury Department.
General Information:
th
The Dallas County Commissioners Court on Tuesday,May 19, approved an Order that
distributes nearly $75 million on a per capita basis to all cities in Dallas County except forthe
City of Dallas. For the City of Coppell this equates to approximately $2.2 million that could be
available for COVID-19 related expenses and in support of residents and businesses.
The City may choose to disperse funds for programs such as housing/rental assistance and for
grants/loans for local businesses.
With the approval of this ILA, Dallas County will immediately make available 20% of the City
of Coppell’s share, which will be about $440,000.00. To date the City’s direct COVID-19 costs,
not including any personnel costs, are approximately $76,000.00.
The CARES Act funding recognizes costs incurred beginning March 1, 2020, and the ILA covers
expenses through December 30, 2020.
The funds cannot be used for the City of Coppell’s revenue loss due to COVID-19.
Dallas County Judge Clay Jenkins conducted a conference call on Friday with members of his
staff on the line. After the first 20% disbursement, cities will be required to gain clearance in
advance of any potential expenditures on programs from the County staff. They are working to
set up the process.
The cities of Addison, Carrollton, Farmers Branch and Coppell are already speaking with
Metrocrest Services regarding potential housing/rental assistance funding beyond what has
already been presented. We are also confirming if the funds recently disbursed qualify as part of
the CARES Actfunding.
The four cities are also discussing the businessgrant/loan portion of the CARES Act
disbursement and how to best distribute these funds in a timely and efficient manner.
One thing to note, Dallas County is also setting up a housing/rental assistance program and a
business assistance program. They have contracted with two 3rdparties on the housing/rental
assistance program and are contracting with another 3rd party for the business assistance
program. In both situations, the City’s CARES Act funds cannot be accessed by
individuals/families or businesses that receive funding through the County’s programs. On the
business side of the equation, the County is initially not doing any funding for businesses that
received PPP funds.
As you can see, there are still some moving parts to this funding. Staff’s goal is to have the
th
parameters of any program related to the CARES Act on the Council’s June 9agenda.
Staff Recommendation:
Staff recommends the City Council approve the Interlocal Agreement between the Dallas County
Commissioners Court and the City of Coppell forthe administration and distribution of a portion
of Dallas County’s CARES Act funds in accordance with the Guidance from the United States
Treasury Department; and authorizing the Mayor to sign.
STHE STATE OF TEXAS §
§
§
THE COUNTY OF DALLAS §
DALLAS COUNTY CARES ACT FUNDING
INTERLOCAL AGREEMENT
1. RECITALS:
This Agreement is entered into by and between Dallas County, Texas
nd
located at 411 Elm Street, 2 Floor, Dallas, Texas 75202, and the
___________________________, located at ___________________________ (hereinafter
for certain management services,
as identified in this Agreement under authority of Texas Government Code, Chapter 791, for
certain management services, as identified in Section 5 (Scope of Services) of this Agreement.
WHEREAS, the City § 791.003(4)(A)
and desires to enter into this Agreement pursuant to Texas Government Code, Chapter 791; and
WHEREAS, the County is in receipt of funds from the United States Treasury Department under
the Coronavirus Aid, Relief, and Economic Security Act
WHEREAS, the County desires to contract, with the City for the administration of the distribution
of some of D by providing funds to the City for authorized CARES
Act activities; and
WHEREAS, the County has the authority under Chapter 791, Texas Government Code to contract
with other local governments for government functions and services; and
WHEREAS, the County wishes to engage the services of the City for the administration of the
the United States Treasury Department; and
WHEREAS, the City is capable of providing the services and related activities for the appropriate
distribution of CARES Act funds; and
WHEREAS, on March 12, 2020, the Dallas County Judge declared a local state of disaster for a
public health emergency in relation to COVID-19; and
Page 1 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
WHEREAS, on March 13, 2020, the Governor of the State of Texas declared a state of disaster
and the President of the United States declared a national emergency in relation to COVID-19;
and
WHEREAS, the Governor of Texas, on March 13, 2020, invoked Texas Government Code §
418.017 in his state-wide disaster declaration
state government and of political subdivisions that are reasonably necessary to cope with this
WHEREAS, some local businesses and residents have experienced extraordinary economic strain
due to state and local regulations related to the COVID-19; and
WHEREAS, the County finds that the expenditure of public funds in support of the operations of
businesses and residents, especially in this time of a pandemic crises, accomplishes a
valid public purpose of protecting the Dallas County economy and the economic welfare of the
residents of Dallas County; and
WHEREAS, the City will serve a benefit to all Dallas County residents during this pandemic,
providing essential assistance to residents and businesses within the City; and
WHEREAS, the Parties desire to enter into this Agreement for the purposes stated herein; and
WHEREAS, these Recitals are incorporated into this Agreement and are expressly made a part of
this Agreement; and
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, the
Parties agree as follows:
2. TERM:
The term of this Agreement shall begin upon day this Agreement last executed by the Parties and
continue until the services are rendered and the CARES Act funds under this Agreement are
distributed, unless terminated earlier under any provision hereof. Notwithstanding the
foregoing, the services and deliverables herein shall be completed by November 30, 2020 (the
3. INCORPORATED DOCUMENTS:
The following documents are incorporated by reference as if fully reproduced herein:
(a)Exhibit A- Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal
Governments from the United States Treasury Department.
Page 2 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
4. ORDER OF PRECEDENCE:
In the event of any conflict or inconsistency between or among the provisions of this Agreement
or any incorporated or referenced document or any exhibit, attachment, or associated
document, such conflict or inconsistency shall be resolved in the following order of precedence:
(1) this Agreement and any subsequent amendments; then (2) Exhibit A.
5. CITYSCOPE OF SERVICES AND OBLIGATIONS:
(a)The City shall distribute the CARES Act funds provided by the County in accordance with
the guidance as detailed in the attached and incorporated Exhibit A.
(b)The City may choose to set up programs such as housing assistance for its residents and
grants and loans for its businesses.
(c) The City shall only disburse the CARES Act funds within its municipal corporate limits to
eligible residents and individuals as determined by the City in compliance with the
guidance in Exhibit A.
(d)The City shall not be permitted to duplicate any efforts the County is undertaking for the
assistance programs for daycare facilities, small business loans and grants, and
emergency housing and rental assistance for residents. For purposes of clarity, if a
resident is a recipient of assistance from a County program, then the resident shall be
automatically disqualified from the any further City assistance with CARES Act funds. The
same disqualification shall apply to businesses within the City.
(e)The City shall keep the County informed of all expenditures made under this Agreement
on a monthly basis during the Term in any format of report or reporting as determined in
the .
(f) The City shall comply with the terms, conditions, and structure of the Funding Formula in
Section 6 below.
(g)The City shall return any unspent funds to the County by December 11, 2020.
6. COUNTYS OBLIGATIONS:
County agrees to perform the following:
(a)Dallas County will assist City in scheduling appointments with key County personnel and
employees;
(b)Dallas County shall maintain supervisory control of the ultimate disbursement of funds
under any program or disbursement approved by the City;
(c) Dallas County will provide funding in an amount of up to of fifty-five dollars ($55) per City
resident based on the 2019 estimated population. The estimated population under this
formula and the amount of funds provided to City shall be in the sole discretion of the
County .
1. Under this Funding Formula, the County will provide twenty
percent (20%) of the eligible funds under this Agreement to the
Page 3 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
City upon execution of this Agreement. The City may apply for the
further disbursement of funds for specific projects, programs, or
purchases from the County for the remaining eighty percent (80%)
of the eligible funding under this Funding Formula during the
duration of this Agreement.
2. For the remaining eighty percent (80%) under this Funding
Formula, the City shall seek pre-approval from the County for any
proposed program, initiative, or disbursement of funds. Once
written approval is obtained from the County, the City may seek a
disbursement for that specific program, initiative, or project from
the County.
7. TERMS AND CONDITIONS:
County agrees to provide CARES Act funding to City for approved budget expenses incurred and
for documented units of services performed, subject to the following limitations:
(a)Not to Exceed Amount. City understands and agrees that the maximum total amount payable
for the services and funds distributed described herein shall not exceed the amount as
determined by the Funding Formula detailed in Section 6(c) above
is formally approved by the Commissioners Court. County shall not pay for any services nor
distribute any funds that would cause the amounts described herein in excess of the Not to
Exceed Amount. Within this Not to Exceed Amount the City may fund its internal and indirect
costs for administering the CARES Act funds in an amount not to exceed ten percent (10%)
of all funds received under this Agreement.
(b)City agrees to submit complete, fully documented, and accurate itemized invoices, receipts,
and other appropriate documentation, as required by County, following the completion of
the services and disbursement of the funds. Specifically, the invoices, receipts, and other
documentation shall be itemized and include supporting documentation and any
management fees. Within the supporting documentation the subcontractor invoices shall
be included, if any. All required documentation shall be submitted on the first day of each
month during the Term of this Agreement as expenses are incurred or funds are disbursed.
All documentation submitted shall represent the services rendered and funds disbursed by
Contractor for the previous month.
(c) Twenty percent (20%) of the available funds under this Agreement and the Funding Formula
will be made to the City upon execution of the Agreement. The City may apply for further
funds of the remaining eighty percent (80%) as described in the Funding Formula through
the duration of this agreement. The County may in its sole discretion disallow or refuse to
fund any activity for which further funding is sought by the City that is not in compliance with
Exhibit A. Further, the County may withhold further funding from the City if the City fails to
Page 4 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
requirements relating to City
Agreement. County shall pay the City only for those reimbursable costs that are allowable
under applicable rules and regulations, as stated in this Agreement. Should the United States
Treasury Department, the United States Congress, the Executive Branch of Federal
Government, the Federal Judiciary, or any other Federal Agency with jurisdiction issue further
guidance on the appropriate use of the CARES Act funds, that further guidance shall be
automatically incorporated into this Agreement in Exhibit A without the need for a formal
amendment. County shall have the right to withhold all or part of any reimbursement funds
to the City to offset any reimbursement made to City for ineligible expenditures or
undocumented units of services billed as determined by the County in its sole discretion.
(d)City understands and agrees that all documentation must be submitted to County on a rolling
monthly basis during the Term of this Agreement. All receipts and expenditures must have
appropriate supporting documentation before such billings will be approved.
(e)The Dallas County Auditor is responsible for monitoring fiscal compliance activities and shall
resolve any dispute between the Parties regarding for services
rendered under this Agreement.
(f) Prior Debts. County shall not be liable for costs incurred or performances rendered by City
before or after the Term; for expenses not billed to County within the applicable time frames
set forth in this Agreement; or for any payment for services or activities not provided
pursuant to the terms of this Agreement.
(g)Refund provision. The County shall have the right to demand repayment of any funds paid to
City for services rendered or funds disbursed that did not comply with the terms of this
Agreement or that were determined to be ineligible expenditures by the County or the
Federal Government. The City shall promptly refund any monies previously paid or disbursed
by County that the County, in its sole discretion, determines were used for services or
activities that were not in compliance with this Agreement.
8. REPORTING AND ACCOUNTABILITY:
(a) Reporting. City agrees to submit all required documentation and reports on a timely basis
and in accordance with the specified time frames pursuant to this Agreement. Penalties for
delinquent reporting may include withholding of payments until such time all reports are
received, cancellation and/or termination of this Agreement with no obligation to pay for
undocumented or ineligible services, or both.
(b) Access to Records. City agrees that County, or any of its duly authorized representatives, or
the Federal Government has the right of timely and unrestricted access to any books,
documents, papers, reports, or other records of City that are pertinent to the fulfillment of
the requirements of this Agreement, in order to make audit, examinations, excerpts,
transcripts, and copies of such documents. This right also includes timely and reasonable
Page 5 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
access to City
monitoring related to such documents. All such items shall be furnished to the County in
Dallas County, Texas.
(c) Ownership. City agrees that all information, data, and supporting documentation that relates
to the services provided hereunder shall remain the property of City.
(d) Maintenance of Records. City other documents reasonably related to
this Agreement shall be kept and maintained in standard accounting form. Such records,
books, and documents shall be made available in Dallas County subject to inspection by
County or authorized County personnel upon request.
(e) Audit. The Dallas County Auditor, its assigns, or any other governmental entity approved by
County shall have the unrestricted right to audit all data or documents related to this
Agreement. Such data shall be furnished in Dallas County at a mutually convenient time
within a reasonable time. Should County determine it reasonably necessary, City shall make
all of its records, books, and documents reasonably related to this Agreement available to
authorized County personnel, at reasonable times and within reasonable periods, for
inspection or auditing purposes or to substantiate the provisions of services under this
Agreement.
(f) Retention of Records. All records, books, and documents reasonably related to this
Agreement shall be maintained and kept by City for a minimum of four (4) years and ninety
(90) days after termination or expiration of this Agreement. If any litigation, claim, or audit
involving these documents or records begins before the specified period expires, City must
keep the records and documents for not less than four (4) years and ninety (90) days and until
all litigation, claims, or audit findings are resolved, whichever is later. City is strictly
prohibited from destroying or discarding any records, books, or other documents
reasonably related to this Agreement, unless the time period for maintaining such under
this subsection (f) has lapsed.
9. CONFIDENTIALITY:
(a) City shall not disclose privileged or confidential communications or information acquired in
the course of the performance under this Agreement, unless authorized by law. City agrees
to adhere to all confidentiality requirements, as applicable, for performance under this
Agreement.
(b) Public Information Act. The Parties acknowledge and agree that County and City are subject,
as a matter of law, to Texas Government Code, Chapter 552
provision, the Parties agree that in the event that any provision of this Agreement, or other
documents related to this Agreement, including, but not limited to, any exhibit, attachment,
amendment, addendum, or other incorporated document, is in conflict with the Public
Page 6 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
Information Act, such provision shall be of no force or effect. Furthermore, it is expressly
acknowledged and agreed that the County, County Commissioners Court, County Judge,
Elected County Officials, County Department Heads and County Employees (hereinafter
ice, decisions and opinions of the Attorney General of
the State of Texas in regard to the application of the Public Information Act to any software,
hardware, firmware, or any part thereof, or other equipment or item, data or information, or
any other thing or item furnished to or in the possession or knowledge of County. It is further
acknowledged and agreed that the County Requestors have the right and obligation by law
to rely on the advice, decisions and opinions of the Texas Attorney General. City hereby
releases the County Requestors from any and all liability or obligation of any type, kind or
nature regarding any disclosure of any software, hardware, firmware, or any part thereof, or
other equipment or item, data or information, or any other thing or item furnished by City or
in the possession or knowledge of the County that is determined by County or in reliance on
any advice, decision or opinion of the Texas Attorney General to be available to the public or
any persons.
(c) Any Public Information Act request received by the City or County for documents related to
this Agreement or any program undertaken pursuant to this Agreement shall be handled by
the entity who received the Public Information Act request.
(d) Notwithstanding the foregoing, the Parties agree, to the extent permitted by the Public
Information Act, to keep confidential (and store in a secure area with limited access) and will
not copy, publish, sell, exchange, disclose, or provide to others or use any information,
documents or data, provided to or disclosed to the other Party, or any information related to
this Agreement, including, but not limited to, any exhibit, attachment, amendment,
addendum, or other incorporated document, for any purposes other than performing each
Pigations under this Agreement.
10.INDEMNIFICATION:
THE PARTIES AGREE TO BE RESPONSIBLE EACH FOR THEIR OWN NEGLIGENT ACTS OR
OMISSIONS, OR OTHER TORTIOUS CONDUCT IN THE COURSE OF PERFORMANCE OF THIS
AGREEMENT WITHOUT WAIVING ANY SOVEREIGN IMMUNITY, GOVERNMENTAL IMMUNITY
OR OTHER DEFENSES AVAILABLE TO THE PARTIES UNDER FEDERAL OR STATE LAW. NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL
OR OTHERWISE, IN OR TO ANY THIRD PERSONS OR ENTITIES. THE PARTIES AGREE THAT ANY
SUCH LIABILITY OR DAMAGES OCCURRING DURING THE PERFORMANCE OF THIS AGREEMENT
CAUSED BY THE JOINT OR COMPARATIVE NEGLIGENCE OF THE PARTIES, OR THEIR EMPLOYEES,
AGENTS OR OFFICERS, SHALL BE DETERMINED IN ACCORDANCE WITH COMPARATIVE
RESPONSIBILITY LAWS OF TEXAS.
Page 7 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
11.INSURANCE:
City and County agree that they will, at all times during the Term of this Agreement, maintain in
full force and effect insurance or self-insurance to the extent permitted by applicable laws, and
that is maintained at appropriate levels of insurance commensurate with each P
hereunder and in accordance with sound accounting practices. City and County will be
responsible for their respective costs of such insurance, any and all deductible amounts in any
policy and any denials of coverage made by their respective insurers.
12.EXPENSES
Unless prior written approval by County is obtained or otherwise detailed in this Agreement, City
shall be responsible for all mileage and other miscellaneous expenses related to the fulfillment
of the requirements of this Agreement. Mileage and other miscellaneous expenses shall be
included in the Not to Exceed Amount.
13.TERMINATION:
(a)Suspension. Should County desire to suspend the services, but not terminate the Agreement,
County shall issue a written order to stop work. The written order shall set out the terms of
the suspension. The City shall stop all services as set forth in this Agreement and will cease
to incur costs to County or disburse funds during the term of the suspension. City shall
resume work when notified to do so by County in a written authorization to proceed. If a
change in the terms and conditions of payment for services of this Agreement is necessary
because of a suspension, a mutually agreed contract amendment will be executed in
accordance with this Agreement.
(b)Termination. The County, at its option and without prejudice to any other remedy to which
it may be entitled to at law or in equity, or elsewhere under this Agreement, terminate this
Agreement, in whole or part, by giving thirty (30) days prior written notice thereof to the City
with the understanding that all services being performed under this Agreement shall cease
upon the date specified in such notice. In the event of cancellation, City shall cease any and
all services under this Agreement or disbursement of funds on the date of termination and
to the extent specified in the notice of termination. Upon receipt of such notice, City shall
not incur any new obligations or perform any additional services and shall cancel any
outstanding obligations or services to be provided. Upon termination of this Agreement as
herein above provided, any and all unspent funds that were paid or provided by County to
City under this Agreement and any and all County data, documents and information in City
possession shall be returned to County within five (5) working days of the date of termination.
liability.
1.Without Cause: This Agreement may be terminated, in whole or in part, without cause,
by County upon thirty (30) days prior written notice to the City.
Page 8 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
2.With Cause: County reserves the right to terminate this Agreement immediately, in whole
or in part, at its sole discretion, for the following reasons:
A. Lack of, or reduction in, funding or resources in accordance with Section 29 (Fiscal
Funding Clause);
B. Non-performance by City or City
perform, for whatever reason, the services required or funds to be disbursed under
this Agreement;
C. Cityinept use of CARES Act funds under this Agreement;
D. City
E. City
incomplete, or false in any way;
F. City
objectives, the terms, conditions, or standards of this Agreement, applicable federal,
state, or local laws, rules, regulations and ordinances, or any other requirement set
forth in this Agreement;
G. City
the time specified herein or any extension thereof;
H. Cityion or
any other court proceeding.
14. NOTICE:
Any notice to be given under this Agreement shall be deemed to have been given if reduced to
writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to
the party who is to receive such notice, demand or request at the addresses set forth below.
Such notice, demand or request shall be deemed to have been given three (3) days subsequent
to the date it was so delivered or mailed.
TO COUNTY: TO CITY:
Judge Clay Jenkins
Dallas County
nd
411 Elm St. 2 Floor
Dallas County, Texas 75202
(214) 653-6018 (office)
Page 9 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
(214) 653-7449 (fax)
With a copy to:
Russell Roden
Chief, Civil Division
th
411 Elm Street, 5 Floor
Dallas, Texas 75202
15. SEVERABILITY:
If any provision of this Agreement is construed to be illegal or invalid, this will not affect the
legality or validity of any of the other provisions in this Agreement. The illegal or invalid provision
will be deemed stricken and deleted, but all other provisions shall continue and be given effect
as if the illegal or invalid provisions had never been incorporated.
16. IMMUNITY:
Sovereign Immunity, Title 5 of the Texas
Civil Practices and Remedies Code , and all applicable
federal and state law. The Parties expressly agree that no provision of this Agreement is in any
way intended to constitute a waiver of any immunities from suit or from liability that the
County or City has by operation of law.
17. COMPLIANCE WITH LAWS:
In providing services required by this Agreement, City must observe and comply with all
applicable federal, state, and local statutes, ordinances, rules, and regulations. City shall be
responsible for ensuring its compliance with any laws and regulations applicable to its operations
and functions.
18. GOVERNING LAW AND VENUE:
The validity and interpretation of this Agreement, and the rights and obligations of the Parties
hereunder, shall be governed by and construed in accordance with the laws of the State of Texas
and any applicable guidance from the Federal Government or Federal Agency. This Agreement is
performable and enforceable in Dallas County, Texas where the principal office of County is
located and the state or federal courts of Dallas County shall be the sole and exclusive venue for
any litigation, special proceeding, or other proceeding as between the Parties that may be
brought, or arise out of, in connection with, or by reason of this Agreement.
Page 10 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
19. AMENDMENTS AND CHANGES IN THE LAW:
No modification, amendment, novation, renewal or other alteration of this Agreement shall be
effective unless mutually agreed upon in writing and executed by the Parties hereto. Any
alteration, addition or deletion to the terms of this Agreement which are required by changes in
federal law, federal guidance, or state law are automatically incorporated herein without written
amendment to this Agreement and shall be effective on the date designated by said law or
gudiance.
20. THIRD PARTIES:
The obligations of each Party to this Agreement shall inure solely to the benefit of the other Party,
and no other person or entity shall be a third party beneficiary of this Agreement or have any
right to enforce any obligation created or established under this Agreement.
21. ASSIGNMENT:
City may not assign its rights and duties under this Agreement. Any assignment attempted shall
be null and void.
22. CONTRA PROFERENTUM:
The doctrine of contra proferentum shall not apply to this Agreement. If an ambiguity exists in
this Agreement, the Agreement shall not be construed against the Party who drafted the
Agreement and such Party shall not be responsible for the language used.
23. ENTIRE AGREEMENT:
This Agreement, including its Attachments, Exhibits, and Addendums incorporated as a part
hereof, shall constitute the entire agreement relating to the subject matter hereof between the
Parties hereto and supersedes any other agreement concerning the subject matter of this
transaction, whether oral or written, and except as otherwise provided herein, this Agreement
may not be modified without prior written agreement of the Parties. Each Party acknowledges
that the other Party, or anyone acting on behalf of the other Party has made no representations,
inducements, promises or agreements, orally or otherwise, unless such representations,
inducements, promises or agreements are embodied in this Agreement, expressly or by
incorporation.
24. BINDING EFFECT:
This Agreement 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.
Page 11 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
25. REMEDIES/WAIVER OF BREACH:
Pursuit of any remedy provided in this Agreement shall not preclude pursuit of any other
remedies herein provided or any other remedies provided by law or equity, including injunctive
relief, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any
obligation of the defaulting Party hereunder or of any damages accruing by reason of the
violation of any of the terms, provisions, and covenants herein contained. No waiver of any term,
covenant, condition or violation of this Agreement shall be deemed or construed to constitute a
waiver of any other violation or breach of any of the terms, provisions, and covenants herein
contained, and forbearance to enforce one or more of the remedies herein provided upon an
event of default shall not be deemed or construed to constitute a waiver of such default. Any
waiver of any provision of this Agreement or violation thereof must be by a written instrument.
26. FEDERAL FUNDED PROJECT:
If this Agreement is funded by the federal government; therefore, the City agrees to timely
comply, without additional cost or expense to County, unless otherwise specified herein, with
any statute, rule, regulation, grant, contract provision, subsequent federal guidance or other
state or federal law, rule, regulation, or other similar restriction that imposes additional or
greater requirements than stated herein and that is directly applicable to the services rendered
or funds provided under the terms of this Agreement.
27. DEFAULT/CUMULATIVE RIGHTS/MITIGATION:
It is not a waiver of default 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 P use of any right or remedy will not preclude or waive its right to use any other
remedy. These rights and remedies are in addition to any other rights the Parties may have by
law, statute, ordinance or otherwise. City and County both have a duty to mitigate damages.
28. PREVENTION OF FRAUD AND ABUSE:
City shall establish, maintain and utilize internal management procedures sufficient to provide
for the proper, effective management of all activities funded under this Agreement. Any known
or suspected incident of fraud or program abuse involving Cityyees or agents shall be
reported immediately to the County by City. Moreover, City warrants that it is not listed on a
local, county, state or federal consolidated list of debarred, suspended and ineligible contractors
and grantees. City and County agree that every person who, as part of their employment,
receives, disburses, handles or has access to funds collected pursuant to this Agreement does
not participate in accounting or operating functions that would permit them to conceal
accounting records and the misuse of said funds. City shall, upon notice by County, refund
expenditures of the City that are contrary to this Agreement and deemed inappropriate by the
County.
Page 12 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
29. FISCAL FUNDING CLAUSE:
Notwithstanding any provisions contained herein, the obligations of the County under this
Agreement is expressly contingent upon the availability of funding for each item and obligation
contained herein for the term of the Agreement and any extensions thereto. City shall have no
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 City at the earliest possible time.
30. COUNTERPARTS, NUMBER/GENDER AND HEADINGS:
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. Words of any gender
used in this Agreement shall be held and construed to include any other gender. Any words in
the singular shall include the plural and vice versa, unless the context clearly requires otherwise.
Headings herein are for the convenience of reference only and shall not be considered in any
interpretation of this Agreement.
31. INDEPENDENT CONTRACTOR:
City, including its employees, agents or licensees, is an independent contractor and not an agent,
servant, joint enterprise or employee of the County, and is responsible for its own acts, omissions,
forbearance, negligence and deeds, and for those of its agents or employees in conjunction with
the performance of services or disbursement of funds covered under this Agreement, and shall
be specifically responsible for sufficient supervision and inspection to ensure compliance in every
respect with the contract requirements. There shall be no contractual relationship between any
subcontractor, agent, employee or supplier of the City and the County by virtue of this
Agreement.
32. SUBCONTRACTING:
The costs of all subcontracted services are included in the fees distributed herein. Subcontracts
entered into by the City will be in writing and subject to all requirements herein. City agrees that
it will solely be responsible to County for the performance of this Agreement. City shall pay all
subcontractors in a timely manner. County shall have the right to prohibit City from using any
subcontractor.
33. PROMPT PAYMENT ACT:
City
Page 13 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
disbursement procedures shall not place the County in default of this Agreement and shall not
render the County liable for interest or penalties, provided such delay shall not exceed thirty (30)
days after its due date. Any payment not made within thirty (30) days of its due date shall bear
interest in accordance with Chapter 2251 of the Texas Government Code.
34. TAX
Dallas County, as a county of the State of Texas, is exempted from the payment of Texas state
and local sales, excise, and use taxes pursuant to Tex. Loc. Gov't Code § 151.309, and shall
therefore not be liable or responsible to the City for the payment of such taxes under this
Agreement.
The fees paid to City pursuant to this Agreement are inclusive of any applicable sales, use,
personal property or other taxes attributable to periods on or after the applicable effective date
of this Agreement and based upon or measured by City
and/or services and related materials and supplies furnished or used by City in performing his
obligations hereunder, including all personal property and use taxes, if any, due on equipment
or software owned by City.
City accepts full and exclusive liability for the payment of any and all contributions or taxes for
Benefits, Pensions, or annuities now or hereafter imposed under any state or federal laws which
are measured by the wages, salaries, or other remuneration pay to persons employed by City for
work performed under the terms of this Agreement.
35. SIGNATORY WARRANTY:
The undersigned signatories for the Parties hereby represent and warrant that they are officers
of their respective organizations for which they have executed this Agreement and that they have
full and complete authorities to enter into this Agreement on behalf of their respective
organizations and that the executions thereof are the acts of the parties involved and have been
delivered and constitute legal, valid and binding obligations of the respective Parties.
Page 14 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
36. ACCEPTANCES
By their signatures below, the duly authorized representatives of County and City accept
the terms of this Agreement in full.
EXECUTED this __________ day of ___________________, 2020.
DALLAS COUNTY: CITY/ TOWN OF ____________________:
_____________________________ ___________________________________
BY: Clay Jenkins BY: _________________
Dallas County Judge
Recommended:
_____________________________
BY: Darryl Martin
Dallas County Administrator
*Approved as to Form:
JOHN CREUZOT
DISTRICT ATTORNEY
_____________________________
BY: Randall Miller
Assistant District Attorney
e 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).
Page 15 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
EXHIBIT A
Page 16 of 16
Interlocal Agreement between Dallas County and Municipal Corporations within Dallas County for CARES Act funding
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY COPPELL,
TEXAS, APPROVING AN INTERLOCAL AGREEMENT BY AND
BETWEEN DALLAS COUNTY, TEXAS AND THE CITY OF COPPELL
TO PROVIDE FUNDING TO THE CITY OF COPPELL UNDER THE
CORONAVIRUS AID RELIEF AND ECONOMIC SECURITY ACT
(CARES ACT) UNDER THE TERMS AND CONDITIONS OF SAID
AGREEMENT; PROVIDING FOR ADMINISTRATION; AUTHORIZING
EXECUTION OF THE AGREEMENT BY THE MAYOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County is in receipt of funds form the United States Treasury Department
under the Coronavirus Aid, Relief, and Economic Security Act also known as the “CARES Act”;
and,
WHEREAS, the City of Coppell is a local government defined by the Texas Government
Code § 791.003(4)(A) and desires to enter into this Agreement pursuant to Texas Government
Code, Chapter 791; and,
WHEREAS, the City of Coppell desires to receive funding from Dallas County for the
administration and distribution of a portion of Dallas County’s CARES Act funds as authorized
byCARES Act;and
WHEREAS, the City Council of the City of Coppell finds it to be in the public interest to
enter into such an agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
COPPELL, TEXAS, THAT:
SECTION 1. That the City of Coppell hereby approves the terms and conditions of the
Interlocal Agreement between Dallas County, Texas and the City of Coppell for funding and certain
services under the CARES Act,a copy ofwhich is attached hereto and incorporated herein as Exhibit
A; and authorizing the Mayor to sign such agreement.
SECTION 2. This resolution shall become effective immediately upon approval.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the ______ day of May, 2020.
CITY OF COPPELL, TEXAS
APPROVED:
Karen Selbo Hunt, Mayor
TM 115802
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
_________________________________
Robert E. Hager, City Attorney
TM 115802
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