CP 2020-07-28o I'll""'
COFFELL
Tuesday, July 28, 2020
City of Coppell, Texas
Meeting Agenda
City Council
5:30 PM
KAREN HUNT MARK HILL
Mayor Mayor Pro Tem
CLIFF LONG GARY RODEN
Place 1 Place 4
BRIANNA HINOJOSA-SMITH NANCY YINGLING
Place 2 Place 5
WES MAYS BIJU MATHEW
Place 3 Place 6
MIKE LAND
City Manager
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
As authorized by Section 418.016(e) of the Texas Government Code, on March 16, 2020,
Governor Greg Abbott suspended various provisions that require government officials and
members of the public to be physically present at a specified meeting location.
The following requirements have been suspended by the governor:
Council Chambers
1. A quorum of the city council need not be present at one physical location. Id. § 551.127(b).
2. In light of (1), above, the meeting notice need not specify where the quorum of the city
council will be physically present and the intent to have a quorum present. Id. § 551.127(e).
3. In light of (1) above, the meeting held by videoconference call is not required to be open to
the public at a location where council is present. Id. § 551.127(f).
4. The audio and video are not required to meet minimum standards established by Texas
Department of Information Resources (DIR) rules, the video doesn't have to be sufficient that
a member of the public can observe the demeanor of the participants, the members faces
don't have to be clearly visible at all times, and the meeting can continue even if a connection
is lost, so long as a quorum is still present. Id. § 551.127(a-3); (h); (i); Q).
City of Coppell, Texas Page 1 Printed on 7/24/2020
City Council Meeting Agenda July 28, 2020
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately
thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E.
Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
As authorized by Section 551.127, of the Texas Government Code, one or more
Councilmembers or employees may attend this meeting remotely using videoconferencing
technology.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
1. Call to Order
2. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
A. Discussion regarding real property located south of East Belt Line Road
and east of South Belt Line Road.
Section 551.071, Texas Government Code - Consultation with City Attorney.
B.
3. Work Session
Regular Session
4.
5.
6.
7.
Seek legal counsel concerning the enforcement of the short term rental
ordinance.
(Open to the Public) Council Chambers
A. Discussion regarding agenda items.
B. Follow up discussion from Budget Workshop.
C. Discussion regarding a new Franchise Ordinance with ONCOR Electric
Delivery Company.
Invocation 7:30 p.m.
Pledge of Allegiance
Citizens' Appearance
Consider approval of the minutes: July 14, 2020.
City of Coppell, Texas Page 2 Printed on 7/24/2020
City Council Meeting Agenda July 28, 2020
Attachments: CM 2020-07-14.pdf
8. Consider approval of a new Franchise Ordinance between the City of
Coppell and Oncor Electric Delivery Company, repealing all previous
ordinances with Oncor, and authorizing the Mayor to sign.
Attachments: ONCOR Franchise Ordinance Memo.pdf
ONCOR Franchise Ordinance.pdf
9. Consider approval of a Resolution of the City Council of Coppell, Texas,
authorizing an agreement with iChoosr, LLC, approving the terms and
conditions to market and provide retail elective aggregation services to
residents in the City of Coppell; and authorizing the Mayor to sign.
Attachments: iChoosr Texas Power Switch Memo.pdf
Resolution - iChoosr.pdf
iChoosr LLC Agreement.pdf
May 2020 Texas Power Switch Results.pdf
Texas Power Switch Sample Letter and Emails.pdf
10. City Manager Reports - Project Updates and Future Agendas
11. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
12. Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on Carrollton/Farmers Branch ISD/Lewisville ISD Liaison -
Mayor Pro Tem Mark Hill and Councilmember Brianna Hinojosa-Smith
B. Report on Coppell ISD - Councilmembers Brianna Hinojosa-Smith and
Biju Mathew
C. Report on Coppell Seniors - Councilmember Gary Roden
13. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
14. Necessary Action from Executive Session
15. Adjournment
Karen Selbo Hunt, Mayor
City of Coppell, Texas Page 3 Printed on 7/24/2020
City Council Meeting Agenda July 28, 2020
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 24th day of July, 2020, at
Ashley Owens, Deputy City Secretary
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals make requests for these services
seventy-two (72) hours — three (3) business days ahead of the scheduled program, service,
and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other
designated official at (972) 462-0022, or (TDD 1 -800 -RELAY, TX 1-800-735-2989).
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun),
a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun
licensing law), may not enter this property with a handgun that is carried openly.
City of Coppell, Texas Page 4 Printed on 7/24/2020
City of Coppell, Texas
C',P FE L
File ID: 2020-5204
Version: 1
File Name: Exec Session 7/28/20
Master
File Number: 2020-5204
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 07/20/2020
Final Action:
Title: Discussion regarding real property located south of East Belt Line Road and
east of South Belt Line Road.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5204
Title
Discussion regarding real property located south of East Belt Line Road and east of South Belt
Line Road.
Summary
City of Coppell, Texas Page 1 Printed on 7/24/2020
C',P FE L
File ID: 2020-5213
Version: 1
File Name: STIR Ex. Session
City of Coppell, Texas
Master
File Number: 2020-5213
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Executive Session
In Control: City Council
File Created: 07/23/2020
Final Action:
Title: Seek legal counsel concerning the enforcement of the short term rental
ordinance.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
History of Legislative File
ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5213
Title
Seek legal counsel concerning the enforcement of the short term rental ordinance.
Summary
City of Coppell, Texas Page 1 Printed on 7/24/2020
C',P FE L
File ID: 2020-5203
Version: 1
File Name: WKS 7/28/20
City of Coppell, Texas
Master
File Number: 2020-5203
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Work Session
In Control:
City Council
File Created:
07/20/2020
Final Action:
Title: A. Discussion regarding agenda items.
B. Follow up discussion from Budget Workshop.
C. Discussion regarding a new Franchise Ordinance with ONCOR
Electric Delivery Company.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5203
Title
A. Discussion regarding agenda items.
B. Follow up discussion from Budget Workshop.
C. Discussion regarding a new Franchise Ordinance with ONCOR Electric Delivery
Company.
Summary
City of Coppell, Texas Page 1 Printed on 7/24/2020
City of Coppell, Texas
C',P FE L
File ID: 2020-5202
Version: 1
File Name: Approval of Minutes 7/28/20
Master
File Number: 2020-5202
Type: Agenda Item
Reference:
Title: Consider approval of the minutes: July 14, 2020.
Notes:
Sponsors:
Attachments: CM 2020-07-14.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 07/20/2020
Final Action:
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5202
Title
Consider approval of the minutes: July 14, 2020.
Summary
City of Coppell, Texas Page 1 Printed on 7/24/2020
CFFELL
Tuesday, July 14, 2020
KAREN HUNT
Mayor
CLIFF LONG
Place 1
BRIANNA HINOJOSA-SMITH
Place 2
WES MAYS
Place 3
MIKE LAND
City Manager
City of Coppell, Texas
Minutes
City Council
5:30 PM
MARK HILL
Mayor Pro Tem
GARY RODEN
Place 4
NANCY YINGLING
Place 5
BIJU MATHEW
Place 6
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Present 8 - Karen Hunt -,Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Gary
Roden -,Nancy Yingling;Biju Mathew and Mark Hill
Council Chambers
Also present were City Manager Mike Land, City Secretary Christel Pettinos, and City
Attorney Robert Hager. Deputy City Managers Vicki Chiavetta and Traci Leach were in
attendance virtually.
The City Council of the City of Coppell met in Regular Session on Tuesday, July 14,
2020 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
1. Call to Order
As a result of recent Declarations of Emergency made by Dallas County and the
City of Coppell in regards to the current pandemic, Governor Abbott has
permitted for governing bodies to meet remotely and to conduct open
meetings virtually.
Mayor Karen Hunt called the meeting to order, determined that a quorum was
present and convened into the Executive Session at 5:32 p.m.
2. Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.071, Texas Government Code - Consultation with City Attorney.
City of Coppell, Texas Page 1
City Council Minutes July 14, 2020
Seek legal advice from City Attorney regarding off -premise sign
ordinance.
Discussed under Executive Session
3. Work Session (Open to the Public) 1st Floor Conference Room
Mayor Karen Hunt adjourned the Executive Session at 5:46 p.m. and convened
into the Work Session at 5:53 p.m.
Councilmember Brianna Hinojosa-Smith arrived during Work Session.
A. Discussion regarding agenda items.
B. Presentation by Kelle Balch regarding the Texas Power Switch
Auction Results.
C. Discussion related to ordinances regulating parking on public
roadways.
D. Discussion regarding backyard chicken ordinance.
Regular Session
Mayor Hunt adjourned the Work Session at 7:41 p.m. and reconvened into the
Regular Session at 7:48 p.m.
4. Invocation 7:30 p.m.
Councilmember Brianna Hinojosa-Smith gave the invocation.
5. Pledge of Allegiance
Mayor Hunt and the City Council led those present in the Pledge of Allegiance.
6. Citizens' Appearance
Mayor Hunt advised that no one signed up to speak.
7. Presentation by Republic Services.
Jeri Harwell with Republic Services and Luay Rahil, Community Development
Assistant Director, made a presentation to the City Council.
8. Consent Agenda
A. Consider approval of the minutes: June 9, 2020.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Nancy Yingling, that Consent Agenda Items A -D be approved.
The motion passed by an unanimous vote.
B. Consider approval of an Ordinance amending Article 8-3, Parking,
City of Coppell, Texas Page 2
City Council Minutes July 14, 2020
Section 8-3-1(A) of the Code of Ordinances by adding a subsection to
make it unlawful to stop, stand, or park a vehicle, at all times, on portions
of Ruby Road; and authorizing the Mayor to sign.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Nancy Yingling, that Consent Agenda Items A -D be approved.
The motion passed by an unanimous vote.
Enactment No: OR 2020-1539
C. Consider approval of a change order to USIC Locating Services, LLC, in
the amount of $35,000; provided for in the Water/Sewer Fund; and
authorizing the City Manager to sign any necessary documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Nancy Yingling, that Consent Agenda Items A -D be approved.
The motion passed by an unanimous vote.
D. Consider approval to enter into a contract with Gupta and Associates,
Inc.; for the design of a standby generator at the Village Parkway Pump
Station; in the amount of $175,500.00; as provided for in the 2018 Bond
Issue; and authorizing the City Manager to sign any necessary
documents.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Nancy Yingling, that Consent Agenda Items A -D be approved.
The motion passed by an unanimous vote.
End of Consent Agenda
9. CONTINUED PUBLIC HEARING:
Consider approval of PD -302 -HC, (DFW Office), a zoning change
request from PD -272R4 -LI and HC to PD -302 -HC (Planned
Development -302 -Highway Commercial), to approve a Detail Site Plan
for a 54,400 -square -foot office building, on 4.81 acres of land, located at
the southeast corner of SH 121 and Northwestern Drive, at the request of
Halff Associates, Inc.
Mary Paron-Boswell, Senior Planner, made a presentation to the City Council.
The applicant requested that their application be withdrawn with hopes of
returning at a later date. No action was needed by the City Council.
10. PUBLIC HEARING:
Consider approval of PD -303-H, RVIS Office Expansion, a zoning
change request from H (Historic) to PD -303-H (Planned
Development -303 -Historic), to approve a Detail Site Plan to allow for an
approximate 1,782 square foot expansion and additional parking to an
existing 1,548 square foot professional office on 0.65 acres of property
located at 412 W Bethel Road, at the request of Tommy Watters, TWKW
Enterprises, being represented by John Valentine, Valentine Premier
Construction.
City of Coppell, Texas Page 3
City Council Minutes July 14, 2020
Presentation: Matt Steer, Development Services Coordinator, made a
presentation to the City Council.
John Valentine represented the applicant and was available for questions of
the City Council.
Mayor Karen Hunt opened the Public Hearing and advised that no one signed
up to speak.
A motion was made by Mayor Pro Tem Mark Hill, seconded by Councilmember
Wes Mays, to close the Public Hearing and approve this Agenda Item subject to
the following conditions:
1. Building Plans are not fully reviewed at this time. Comprehensive building
plan review will take place with the building permit submittal.
2. On drainage plan, show the tie-in to the city's system. Detailed engineering
review will be performed during engineering permit process. Plans will need
to show sizes and slopes of proposed storm drains.
3. A 72 linear foot encroachment into the 10' landscape perimeter area on the
western property line.
4. Allowing for the existing 8' fence in lieu of a brick wall screening
requirement on the eastern and northern property lines.
5. The staining, maintenance and replacement responsibility of the fence,
including but not limited to the integrity of the building element or materials,
shall be the sole responsibility of the property owner. Such maintenance
and/or repair shall be performed annually, or more often as needed.
The motion passed by an unanimous vote.
11. Consider approval of two Resolutions for two First Amendment to Tax
Abatement Agreements by and between the City of Coppell and
Northpoint Hotel Group, LLC; and authorizing the Mayor to sign.
Presentation: Mindi Hurley, Director of Community Services, made a
presentation to the City Council.
A motion was made by Councilmember Wes Mays, seconded by
Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved.
The motion passed by an unanimous vote.
Enactment No: RE 2020-0714.1 & RE 2020-0714.2
12. Consider approval of two Resolutions for two First Amendment to Civic
Center Agreements by and between the City of Coppell and Northpoint
Hotel Group, LLC; and authorizing the Mayor to sign.
Presentation: Mindi Hurley, Director of Community Services, made a
presentation to the City Council.
A motion was made by Councilmember Cliff Long, seconded by
City of Coppell, Texas Page 4
City Council Minutes July 14, 2020
Councilmember Biju Mathew, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Enactment No: RE 2020-0714.3 & RE 2020-0714.4
13. Consider approval of two Resolutions approving the City of Coppell's
allocation of funds from the CARES Act for social services and local
businesses; and authorizing the Mayor to sign.
Presentation: Mike Land, City Manager, and Mindi Hurley, Director of
Community Services, made a presentation to the City Council.
A motion was made by Councilmember Nancy Yingling, seconded by Mayor
Pro Tem Mark Hill, that this Agenda Item be approved. The motion passed by
an unanimous vote.
Enactment No: RE 2020-0714.5 & RE 2020-0714.6
14. City Manager Reports - Project Updates and Future Agendas
Report by the City Manager regarding COVID-19 virus response.
City Manager Mike Land updated the City Council on recent COVID-19
proceedings. Town Center, 265 Parkway and the Justice Center remain open
by appointment only through September 8 due to recent positive cases for
corona virus. The City will continue to watch Governor Abbott's office for
updates.
Regarding Project Updates, the Arts Center grand opening has been delayed
due to supply chain concerns. August is looking better for a completion time
frame. Finally, Freeport Parkway construction continues to move forward.
15. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
Mayor Karen Hunt reported on the following: The City Council will hold a
Budget Workshop on July 27th at 6 p.m. The Budget Workshop will be a final
review of the operating budget for Fiscal Year 2020-2021. Please contact Cayce
Lay, Budget Manager, at clay@coppelltx.gov or 972-304-3690 for more
information. The meeting will be virtual, and you can stream it live from the
city's website at www.coppelltx.gov.
16. Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
Nothing to report.
17. Necessary Action from Executive Session
There was no action resulting from Executive Session.
18. Adjournment
City of Coppell, Texas Page 5
City Council Minutes July 14, 2020
There being no further business before the City Council, the meeting was
adjourned at 8:48 p.m.
Karen Selbo Hunt, Mayor
ATTEST:
Christel Pettinos, City Secretary
City of Coppell, Texas Page 6
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File ID: 2020-5207
Version: 1
City of Coppell, Texas
Master
File Number: 2020-5207
Type: Agenda Item
Reference:
File Name: Franchise Ordinance with Oncor
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 07/20/2020
Final Action:
Title: Consider approval of a new Franchise Ordinance between the City of Coppell
and Oncor Electric Delivery Company, repealing all previous ordinances with
Oncor, and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: ONCOR Franchise Ordinance Memo.pdf, ONCOR
Franchise Ordinance.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5207
Title
Consider approval of a new Franchise Ordinance between the City of Coppell and Oncor
Electric Delivery Company, repealing all previous ordinances with Oncor, and authorizing the
Mayor to sign.
Summary
City of Coppell, Texas Page 1 Printed on 7/24/2020
MEMORANDUM
To: Mayor and City Council
From: Vicki Chiavetta, Deputy City Manager
Date: July 28, 2020
Reference: Consider approval of a new Franchise Ordinance between the City of Coppell and
Oncor Electric Delivery Company, repealing all previous ordinances with Oncor, and
authorizing the Mayor to sign.
Introduction: The City of Coppell's current Franchise Ordinance with Oncor Electric Delivery
Company is scheduled to expire on August 31, 2020. During the past several months, the City has
negotiated a new, long term electric Franchise Ordinance with Oncor. This ordinance grants to Oncor
the use the present and future streets, alleys, highways, public utility easements, public ways and
public property of the City of Coppell for the purpose of delivering electricity to the City.
Analysis: It has been thirty years since the Franchise Ordinance between the City of Coppell and our
Electric Delivery Company has been revised. In 1990, Ordinance 90493 was adopted by Council
granting a franchise to Texas Utilities Electric Company for a term of 20 years, until October 1, 2010.
In January 2002, as a result of electric industry restructuring, the franchise formally held by Texas
Electric Company was assigned to Oncor Electric Delivery Company. In 2007, Council amended the
term of that franchise to expire August 31, 2015. In 2015, the term was extended an additional five
years to August 31, 2020.
Due to the length of time this ordinance has been in effect, the City determined it was time for a
review of the original ordinance. Subsequently, the City worked with Chris Brewster, our utility legal
representative from Lloyd, Gosselink, Rochelle & Townsend, PC, to work with Oncor Electric
Delivery Company and draft a new ordinance that would bring it up to current legal standards.
In addition to standard franchise language, the new ordinance provides clarity around how Public
Rights -of -Way issues are handled, including delineation of responsibilities of all involved parties and
the management of abandoned Public Rights -of -Way. It also requires Oncor to have a Vegetation
Management Program in place and available upon request, and includes language from previous
separate ordinances that amended the original 1990 agreement, such as outlining the franchise fee
factor, the current payment schedule and Discretionary Service Charges.
Legal: The proposed new ordinance has been reviewed by Chris Brewster, our utility legal
representation from Lloyd, Gosselink, Rochelle & Townsend, PC.
Fiscal Impact: There is no change in franchise fees received or costs to operations related to the
Oncor Franchise Ordinance from our current status.
Recommendation: Staff recommends approval of this ordinance.
ORDINANCE NO.
AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT
AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC
WAYS AND PUBLIC PROPERTY OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR
COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF
SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE,
PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR
ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, AND FINDING
THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS
SECTION 1. GRANT OF AUTHORITY: That there is hereby granted to Oncor Electric
Delivery Company LLC, its successors and assigns (herein called "Company"), the right, privilege
and franchise to construct, extend, maintain and operate in, along, under and across the present
and future streets, alleys, highways, public utility easements, public ways and other public
property ("Public Rights -of -Way" or "Rights -of -Way") of the City of Coppell, Texas (herein called
"City") electric power lines, with all necessary or desirable appurtenances (including underground
conduits, poles, towers, wires, transmission lines, telephone and communication lines, and other
structures for Company's own use), (herein called "Facilities") for the purpose of delivering
electricity to the City, the inhabitants thereof, and persons, firms and corporations beyond the
corporate limits thereof, for the term set out in Section 7.
Company will not install, construct or extend any Facilities in parks or other City -owned property
other than public utility easements, streets, alleys or highways (as permitted in the previous
paragraph) without first obtaining written approval from the City. The rights and obligations of the
parties under this franchise are subject to all applicable local, state and federal laws, rules, and
regulations.
SECTION 2. Poles, towers and other structures shall be so erected as not to
unreasonably interfere with traffic over streets, alleys and highways.
SECTION 3. The City reserves the right to lay, and permit to be laid, storm, sewer, gas,
water, wastewater and other pipe lines, cables, and conduits, or other improvements and to do
and permit to be done any underground or overhead work that may be necessary or proper in,
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 1
across, along, over, or under Public Rights -of -Way occupied by Company. The City also reserves
the right to change in any manner any curb, sidewalk, highway, alley, public way, street, utility
lines not owed by Company, storm sewers, drainage basins, drainage ditches, and the like. City
shall provide Company with at least thirty (30) days' notice when requesting Company to relocate
facilities and shall specify a new location for such facilities along the Public Rights -of -Way.
Company shall, except in cases of emergency conditions or work incidental in nature, obtain a
permit, if required by City ordinance, prior to performing work in the Public Rights -of -Way, except
in no instance shall Company be required to pay fees or bonds related to its use of the Public
Rights -of -Way, despite the City's enactment of any ordinance providing the contrary. Company
shall construct its facilities in conformance with the applicable provisions of the National Electrical
Safety Code. City -requested relocations of Company facilities in the Public Rights -of -Way shall
be at the Company's expense; provided however, if the City is the end use Retail Customer
(customer who purchases electric power or energy and ultimately consumes it) requesting the
removal or relocation of Company Facilities for its own benefit, or the project requiring the
relocation is solely aesthetic/beautification in nature, it will be at the total expense of the City.
Provided further, if the relocation request includes, or is for, the Company to relocate above-
ground facilities to an underground location, City shall be fully responsible for the additional cost
of placing the facilities underground.
If any other corporation or person (other than City) requests Company to relocate Company
facilities located in City Rights -of -Ways, the Company shall not be bound to make such changes
until such other corporation or person shall have undertaken, with good and sufficient bond, to
reimburse the Company for any costs, loss, or expense which will be caused by, or arises out of
such change, alteration, or relocation of Company's Facilities. City may not request the Company
to pay for any relocation which has already been requested, and paid for, by any entity other than
City.
If City abandons any Public Rights -of -Way in which Company has facilities such abandonment
shall be subject to the provisions of the Code of the City of Coppell and applicability policies. If
the City elects to abandon Public Rights -of -Way, City shall determine whether it is appropriate to
retain a public utility easement in the Public Right -of -Way for use by the Company. If City
determines, in its sole discretion, that the continued use of the Public Right -of -Way by Company
is compatible with the abandonment of the Public Right -of -Way, then in consideration of the
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 2
compensation set forth in Section 6, and to the maximum extent of its rights to do so, City shall
grant Company an easement for such use, and the abandonment of the Public Right -of -Way shall
be subject to the right and continued use of Company.
Company shall have in place a Vegetation Management Program, and shall provide City with a
current copy of same, upon request. If the City requests a current copy of Company's Vegetation
Management Program, release of such shall be pursuant to Oncor's confidential protection
process provided in Section 8 of this franchise. Company will endeavor to conduct its tree
trimming activities in accordance with its Vegetation Management Guidelines and will address
concerns or complaints with regard to its tree trimming activities upon request by City. Except in
emergency situations or in response to outages, and in accordance with the Company's
Vegetation Management Guidelines, Company shall notify affected property owners and the City
prior to beginning planned distribution system tree -trimming activities.
SECTION 4.
A. In consideration of the granting of this Franchise, Company shall, at its sole cost and
expense, indemnify and hold the City, and its past and present officers, agents and employees
harmless against any and all liability arising from suits, actions or claims regarding injury or death
to any person or persons, or damages to any property arising out of or occasioned by the
intentional and/or negligent acts or omissions of Company or any of its officers, agents, or
employees in connection with Company's construction, maintenance and operation of
Company's system in the City Public Rights -of -Way, including any court costs, reasonable
expenses and reasonable defenses thereof.
B. This indemnity shall only apply to the extent that the loss, damage or injury is attributable
to the negligence or wrongful act or omission of the Company or its officers, agents or employees,
and does not apply to the extent such loss, damage or injury is attributable to the negligence or
wrongful act or omission of the City or the City's officers, agents, or employees or any other person
or entity. This provision is not intended to create a cause of action or liability for the benefit of
third parties but is solely for the benefit of Company and the City.
C. In the event of joint and concurrent negligence or fault of both Company and the City,
responsibility and indemnity, if any, shall be apportioned comparatively between the City and
Company in accordance with the laws of the state of Texas without, however, waiving any
governmental immunity available to the City under Texas law and without waiving any of the
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 3
defenses of the parties under Texas law. Further, in the event of joint and concurrent negligence
or fault of both Company and the City, responsibility for all costs of defense shall be apportioned
between the City and Company based upon the comparative fault of each.
D. In fulfilling its obligation to defend and indemnify City, Company shall have the right to
select defense counsel, subject to City's approval, which will not be unreasonably withheld.
Company shall retain defense counsel within seven (7) business days of City's written notice that
City is invoking its right to indemnification under this franchise. If Company fails to retain counsel
within such time period, City shall have the right to retain defense counsel on its own behalf, and
Company shall be liable for all reasonable defense costs incurred by City, except as otherwise
provided in section 4.13 and 4.C.
SECTION 5. This franchise is not exclusive, and nothing herein contained shall be
construed so as to prevent the City from granting other like or similar rights, privileges and
franchises to any other person, firm, or corporation. Any Franchise granted by the City to any
other person, firm, or corporation shall not unreasonably interfere with this Franchise.
SECTION & Inconsideration of the grant of said right, privilege and franchise by the City
and as full payment for the right, privilege and franchise of using and occupying the said Public
Rights -of -Way, and in lieu of any and all occupation taxes, assessments, municipal charges, fees,
easement taxes, franchise taxes, license, permit and inspection fees or charges, street taxes,
bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals of whatsoever
kind and character which the City may impose or hereafter be authorized or empowered to levy
and collect, excepting only the usual general or special ad valorem taxes which the City is
authorized to levy and impose upon real and personal property, sales and use taxes, and special
assessments for public improvements, Company shall pay to the City the following:
A. A final quarterly payment was made on or before May 15, 2020 for the basis period of
January 1, 2020 through March 31, 2020 and the privilege period of March 1, 2021 through
May 31, 2021 in accordance with the provisions in the previous franchise.
B. As authorized by Section 33.008(b) of PURA, the original franchise fee factor calculated
for the City in 2002 was 0.002910 (the "Base Factor"), multiplied by each kilowatt hour of
electricity delivered by Company to each retail customer whose consuming facility's point
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 4
of delivery is located within the City's municipal boundaries for determining franchise
payments going forward.
Due to a 2006 agreement between Company and City the franchise fee factor was
increased to a franchise fee factor of 0.003056 (the "Current Factor"), multiplied by each
kilowatt hour of electricity delivered by Company to each retail customer whose consuming
facility's point of delivery is located within the City's municipal boundaries on an quarterly
basis.
However, consistent with the 2006 agreement, should the Public Utility Commission of
Texas at any time disallow Company's recovery through rates of the higher franchise
payments made under the Current Factor as compared to the Base Factor, then the
franchise fee factor shall immediately revert to the Base Factor of 0.002910 and all future
payments, irrespective of the time period that is covered by the payment, will be made
using the Base Factor.
Company shall make quarterly payments as follows:
Payment Due Date
August 15
November 15
February 15
May 15
Basis Period
Apr. 1 - Jun. 30
Jul.1 -Sept. 30
Oct. 1 - Dec. 31
Jan. 1 - Mar. 31
Privilege Period
(Following Year)
Jun. 1 -Aug. 31
Sept.1 - Nov. 30
Dec. 1 — Feb. 28 (29)
Mar. 1 - May. 31
1. The first quarterly payment hereunder shall be due and payable on or before August
15, 2020 and will cover the basis period of April 1, 2020 through June 30, 2020 and
the privilege period of June 1, 2021 through August 31, 2021. If this franchise is not
effective prior to the first quarterly payment date, Company will pay any payments due
within 30 days of the effective date of this agreement. The final payment under this
franchise is due on or before May 15, 2040 and covers the basis period of January 1,
2040 through March 31, 2040 and the privilege period of March 1, 2041 through May
31, 2041; and
2. After the final payment date of May 15, 2040, Company may continue to make
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 5
additional quarterly payments in accordance with the above schedule. City
acknowledges that such continued payments will correspond to privilege periods that
extend beyond the term of this Franchise and that such continued payments will be
recognized in any subsequent franchise as full payment for the relevant quarterly
periods.
C. A sum equal to four percent (4%) of gross revenues received by Company from services
identified as DD1 through DD24 in Section 6.1.2 "Discretionary Service Charges," in
Oncor's Tariff for Retail Delivery Service (Tariff), effective 1/1/2002, that are for the
account and benefit of an end-use retail electric consumer. Company will, upon request
by City, provide a cross reference to Discretionary Service Charge numbering changes
that are contained in Company's current approved Tariff.
1. The franchise fee amounts based on "Discretionary Service Charges" shall be
calculated on an annual calendar year basis, i.e. from January 1 through December
31 of each calendar year.
2. The franchise fee amounts that are due based on "Discretionary Service Charges"
shall be paid at least once annually on or before April 30 each year based on the total
"Discretionary Service Charges", as set out in Section 6C, received during the
preceding calendar year. The initial Discretionary Service Charge franchise fee
amount will be paid on or before April 30, 2021 and will be based on the calendar year
January 1, 2020 through December 31, 2020. The final Discretionary Service Charge
franchise fee amount will be paid on or before April 30, 2042 and will be based on the
calendar months of January 1, 2041 through May 31, 2041.
3. Company may file a tariff or tariff amendment(s) to provide for the recovery of the
franchise fee on Discretionary Service Charges.
4. City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve
that portion of any tariff which provides for 100% recovery of the franchise fee on
Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory
proceeding before a federal or state agency in which the recovery of the franchise fees
on such Discretionary Service Charges is an issue, the City will take an affirmative
position supporting the 100% recovery of such franchise fees by Company and; (iii) in
the event of an appeal of any such regulatory proceeding in which the City has
intervened, the City will take an affirmative position in any such appeals in support of
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 6
the 100% recovery of such franchise fees by Company.
5. City agrees that it will take no action, nor cause any other person or entity to take any
action, to prohibit the recovery of such franchise fees by Company.
6. In the event of a regulatory disallowance of the recovery of the franchise fees on the
Discretionary Service Charges, Company will not be required to continue payment of
such franchise fees.
SECTION 7. This Ordinance shall become effective upon Company's written acceptance
hereof, said written acceptance to be filed by Company with the City within sixty (60) days after
final passage and approval hereof by City. The right, privilege and franchise granted hereby shall
expire on May 31, 2041; provided that, unless written notice of cancelation is given by either party
hereto to the other not less than sixty (60) days before the expiration of this franchise agreement,
it shall be automatically renewed for an additional period of six (6) months from such expiration
date and shall be automatically renewed thereafter for like periods until canceled by written notice
given not less than sixty (60) days before the expiration of any such renewal period, but in no
event shall such automatic renewals extend this Ordinance later than five (5) years after May 31,
2041.
SECTION 8. If the Company provides confidential or proprietary information to the City,
the Company shall be solely responsible for identifying such information with markings calculated
to bring the City's attention to the proprietary or confidential nature of the information. The City
agrees to maintain the confidentiality of any non-public information obtained from Company so
designated to the extent allowed by law. City shall not be liable to Company for the release of
any information the City is required to release by law. City shall provide notice to Company of
any request for release of information marked by Company as proprietary or confidential prior to
releasing the information so as to allow Company adequate time to pursue available remedies for
protection. If the City receives a request under the Texas Public Information Act that includes
Company's proprietary or confidential information, City will notify the Texas Attorney General of
the proprietary or confidential nature of the document(s). The City also will provide Company with
a copy of this notification, and thereafter Company is responsible for establishing that an
exception under the Texas Public Information Act allows the City to withhold the information.
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 7
SECTION 9
A. Should either Company or the City have cause to believe that a change in circumstances
relating to the terms of this Franchise may exist, it may request that the other party provide it with
a reasonable amount of information to assist in determining whether a change in circumstances
has taken place.
B. Should either party hereto determine that based on a change in circumstances, it is in the
best interest to renegotiate all or some of the provisions of this Franchise, then the other party
agrees to enter into good faith negotiations. Said negotiations shall involve reasonable, diligent,
and timely discussions about the pertinent issues and a resolute attempt to settle those issues.
The obligation to engage in such negotiations does not obligate either party to agree to an
amendment of the Franchise as a result of such negotiations. A failure to agree does not show a
lack of good faith. If, as a result of renegotiation, the City and Company agree to a change in a
provision of this Ordinance, the change shall become effective upon passage of an ordinance by
the City in accordance with the City Charter and written acceptance of the amendment by
Company.
SECTION 10. This Ordinance shall supersede any and all other franchises granted by
the City to Company, its predecessors and assigns.
SECTION 11. The sections, paragraphs, sentences, clauses and phrases of this
Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional
by the valid final non -appealable judgment or decree of any court of competent jurisdiction, such
illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining
portions of this Ordinance.
SECTION 12. In order to accept this franchise, Company must file with the City Secretary
its written acceptance of this franchise ordinance within sixty (60) days after its final passage and
approval by City.
SECTION 13. It is hereby officially found that the meeting at which this Ordinance is
passed is open to the public and that due notice of this meeting was posted by City, all as required
by law.
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 8
PASSED AND APPROVED at a regular meeting of the City Council of Coppell, Texas, on
this the day of 12020.
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
STATE OF TEXAS §
COUNTY OF DALLAS, DENTON §
CITY OF COPPELL §
KAREN SELBO HUNT, MAYOR
Oncor Electric Delivery Company LLC/City of Coppell Electric Franchise
Page 9
C',P FE L
File ID: 2020-5208
Version: 1
File Name: iChoosr 7/28/20
City of Coppell, Texas
Master
File Number: 2020-5208
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status: Agenda Ready
In Control: City Council
File Created: 07/21/2020
Final Action:
Title: Consider approval of a Resolution of the City Council of Coppell, Texas,
authorizing an agreement with iChoosr, LLC, approving the terms and
conditions to market and provide retail elective aggregation services to
residents in the City of Coppell; and authorizing the Mayor to sign.
Notes:
Sponsors:
Attachments: iChoosr Texas Power Switch Memo.pdf, Resolution -
iChoosr.pdf, iChoosr LLC Agreement.pdf, May 2020
Texas Power Switch Results.pdf, Texas Power Switch
Sample Letter and Emails.pdf
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5208
Title
Consider approval of a Resolution of the City Council of Coppell, Texas, authorizing an
agreement with iChoosr, LLC, approving the terms and conditions to market and provide retail
elective aggregation services to residents in the City of Coppell; and authorizing the Mayor to
sign.
Summary
^ Dern,°.ilM II "ILace tc,i Ill...il),fe
City of Coppell, Texas Page 1 Printed on 7/24/2020
Master Continued (2020-5208)
City of Coppell, Texas Page 2 Printed on 7/24/2020
i' Bp iL G M T N O�F
UOPPELL
f' 9
MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: July 28, 2020
Reference: Consider approval of a Resolution of the City Council of Coppell, Texas, authorizing an agreement
with iChoosr, LLC, approving the terms and conditions to market and provide retail elective
aggregation services to residents in the City of Coppell, and authorizing the Mayor to sign.
2030: Special Place to Live
Introduction:
The City of Coppell is seeking to enter into a contractual agreement with the company iChoosr to sponsor their Texas
Power Switch group switching service for Coppell residents. By registering and using the Texas Power Switch
program, Coppell households will have the opportunity to participate in a reverse auction process with multiple
electricity providers competing to provide potentially lower household electricity rates.
Analysis:
iChoosr is in Austin, TX and maintains a customer support center in Houston, TX. Their Texas Power Switch
program has been implemented by a few other cities in Texas, including Farmers Branch, Corinth, Waco, Fate,
Lake Dallas, and others. The goal of the program is to provide a competitive bidding environment for electricity
rates for households. iChoosr has stated the average savings rate is twenty percent (20%), which has been
confirmed, but there are documented instances of households saving as much as fifty percent (50%) from their then
current electricity contracts. Overall cost savings is somewhat dependent upon a household's past experience in
shopping for electricity rates. After receiving bids from competing entities, a household can elect to switch
electricity providers, and iChoosr then helps facilitate the contractual process of switching for participants as part of
the program.
There is an opportunity for some households to decrease their electricity rates from twenty to fifty percent (20%-
50%) by participating in the program with minimal financial impact to the city in the promotion of the program.
The implementation of the Texas Power Switch program provides a tool for Coppell residents to become savvy
electricity shoppers and lower their monthly electricity costs.
Legal Review: The agenda item has been reviewed by legal during the agenda review process.
Fiscal Impact:
There are no financial obligations (e.g., fees) associated with the agreement. There could be some minimal direct
costs to the city (e.g., marketing materials), if implemented, but most marketing activities will be conducted
electronically with no additional direct costs. The city will incur indirect costs of staff time for those that will be
responsible for the marketing, implementation, and future community promotion activities of the Texas Power
Switch program. Most entities are spending less than five (5) hours overall per month with the program.
Recommendation:
The Finance Department recommends approval.
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF COPPELL, TEXAS,
AUTHORIZING AN AGREEMENT WITH ICHOOSR, LLC, APPROVING
THE TERMS AND CONDITIONS TO MARKET AND PROVIDE RETAIL
ELECTIVE AGGREGATION SERVICES TO RESIDENTS IN THE CITY
OF COPPELL WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT `A'; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, iChoosr, LLC ("iChoosr") is a retail electric aggregator who provides a
service to retail electric customers within on or more specific cities that allows those customers to
aggregate their retail electricity consumption with other customers in order to obtain retail electric
contracts that provide lower electricity rates than what such customers can obtain on their own;
and
WHEREAS, iChoosr has offered to provide such services to retail electric customers
within the City of Coppell pursuant to an agreement with the City where, at no cost to the City, in
exchange for the City's agreement to assist in making information about iChoosr's services to City
residents and others; and
WHEREAS, the City Council of the City of Coppell finds that the provision of services
that require no financial outlay by the City, but which may result in savings to its residents on
electric and other utility bills is in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
COPPELL, TEXAS, THAT:
SECTION 1. The City Council hereby approves the terms and conditions of an Agreement
with iChoosr to market and provide retail elective aggregation services to residents within the
corporate limits of the City of Coppell, which is attached hereto and incorporated herein as Exhibit
"A"; City Manager is hereby authorized to execute said agreement.
SECTION 2. This Resolution shall be effective immediately upon approval.
PASSED AND APPROVED this the day of , 2020.
CITY OF COPPELL, TEXAS
Karen Selbo Hunt, Mayor
TM116851
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
TM116851
DRAFT
AGREEMENT
CITY OF COPPELL, TEXAS and ICHOOSR, LLC
This agreement ("Agreement") is by and between the City of Coppell, Texas ("the City"),
and iChoosr, LLC, a Texas limited liability company ("iChoosr") (each a "Parry" or collectively
the "Parties") acting by and through their authorized representatives,
WHEREAS, iChoosr is a foreign corporation licensed to do business in Texas and has a
registered office located at 211 E. 7h Street, Suite 620, Austin, Texas 78701, and is registered as
a Class I aggregator under 16 Tex. Admin. Code § 25.111 at the Public Utility Commission of
Texas under number 480419; and
WHEREAS, the City desire to enter into this Agreement for the principal purpose of
providing the residents of the City ("Residents") with group purchasing power in the
procurement of retail energy (electricity and/or gas) services;
WHEREAS, iChoosr intends to offer Residents an opportunity to register and participate
in the Program (hereinafter defined), whereupon iChoosr will arrange a competitive bidding
process of retail energy suppliers to procure competitive electricity rates for participating
Residents;
NOW, THEREFORE, in consideration of the foregoing and of the covenants and
agreements herein contained, and other good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged and approved, the Parties agree as follows:
ARTICLE 1 — DEFINITIONS
In this Agreement except where the context clearly indicates otherwise the following
words shall have the meanings set forth below:
"Affiliate" shall mean any subsidiary or holding company, including any subsidiary
of any such holding company, of iChoosr.
"Customer Service" shall mean the service that receives and responds to questions
and issues raised by Residents interested in the Program and Participants, through
email, chat or phone calls.
"Effective Date" shall mean the date that both Parties execute the Agreement.
"Intellectual Property" shall mean all software, technology platforms, websites,
databases and other content, business processes, domain names and registrations, and
patent, trademark, and copyright registrations and applications thereof owned by a
Parry as of the Effective Date of this Agreement.
PAGE 1 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
"Participants" are Residents who register and participate in the Program.
"Personal Data" shall mean personally identifiable information of Residents,
including, but not limited to, name, address, telephone number, email address (if
consent is provided), or other contact information ("Personal Data") and additional
information (which may include Personal Data), like home energy data, electronic
service identifier (ESID), marketing data and how a Resident uses iChoosr's
website(s), a Resident's participation in the Program, or data that a Resident provides
to iChoosr when contacting iChoosr via email, regular mail, telephone, fax, text
message, chat and other correspondence and permissions indicated by electronic
submission via the Internet.
"Program" shall mean a group buying program for each Spring -Summer and Fall -
Winter provided each year during the term of this Agreement ("Texas Power
Switch") with the principal purpose of providing Residents with group purchasing
power in the procurement of retail energy services beginning with "Summer -Fall
2020 or 2021 Program" (a) Registration phase from Monday, to
Tuesday, ; (b) Auction Tuesday, and; (c)
Decision phase from Tuesday to Tuesday,
"Residential Customer Agreement" shall mean the agreement between the
prevailing retail energy supplier and the Participant, which commences after the
successful enrollment of the Participant with the prevailing retail energy supplier(s).
"Resident(s)" shall mean resident(s), living inside of the City who receive residential
retail energy from their current electric service provider and are eligible to switch
supplier.
"Resident Data" shall mean information regarding or relating to Residents, including
Personal Data and Energy Data that is submitted by the City to iChoosr subject to the
provisions of the Texas Public Information Act, as amended and other applicable law.
"Successfully Switched Participant" shall mean a Participant who has successfully
switched and is accepted and enrolled by the prevailing retail energy supplier and
executes a Residential Customer Agreement with the prevailing retail energy
supplier.
"Visitor Data" shall mean information regarding or relating to Participants,
including Personal Data and Energy Data that is submitted by Participants on the
website of iChoosr, or submitted initially to a link on the CITY's website, or
submitted by Participants via the Customer Service of iChoosr.
ARTICLE 2 — OBLIGATIONS OF THE PARTIES
2.1 iChoosr shall:
PAGE 2 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
2.1.1. Provide the City with webpages including the City's logo on the `Texas
Power Switch' platform to facilitate registration, auction and switching of
Residents;
2.1.2. Set out information for Residents within its website about the Program
including the fact that participation is free and provides them with no obligation
to accept any recommended retail energy supplier(s)'s offer, including
Information pages and a Frequently Asked Questions section;
2.1.3. Subject to relevant electricity laws and regulations, arrange for a
competitive bidding process for a retail energy contract of at least one year.
iChoosr will decide on the type of supply contract;
2.1.4. Set out information for Residents within its website about the Program
including the fact that participation is free and provides them with no obligation
to accept any recommended retail energy supplier's offer, including Information
pages and a Frequently Asked Questions section.
2.1.5 Arrange for a solicitation for retail energy suppliers for the purpose of
providing retail energy services to participating Participant, while not
guaranteeing that the solicitation will result in a market -leading offer;
2.1.6. Provide Customer Service for the Program, as defined herein;
2.1.7. Provide daily reports, dealing with the number of participants in the
Program and the number of people who have confirmed that they wish to switch
to the prevailing retail energy supplier(s). Such reports to be electronically
accessible to the City.
2.1.8. Provide the option to carry out surveys among Residents or any sample
thereof that it selects in order to obtain Residents' views in connection with the
Program.
2.1.9. Obtain the City's prior approval for all marketing communications before
posting, publishing or distributing such communications;
2.1.10. Provide the Program for the CITY.
2.1.11. Actively promote the Program, by carrying out the marketing, education
and communication efforts as set out below: (i) Send out approximately
9,000 unaddressed bulk mailers approximately during the Registration
phase and when successful also in the Decision Phase; (ii) Arrange for a
message or flyer about the Program that will be inserted in the monthly
Utility bill going out during the Registration phase and during the
PAGE 3 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
Decision phase; (iii) Arrange for a message about the Program that will be
inserted in an e-mail to e -bill households during the Registration phase
and the Decision phase; (iv) Provide the CITY with a press release for the
local newspaper(s) and local radio station(s) during the Registration phase
and the Decision phase; (v) Provide the City with flyers or other material
to be circulated by City organizations (e.g. home owners' associations)
and provide the City with text and images for City organizations to use in
email newsletters to be send the members during the Registration phase
and the Decision phase; and (vi) Pay the costs incurred by City's cost of
bulk mailer under Section 2.1.10 (i) and printing the flyer under sections
2.1.10 (ii) and 2.1.10 (v).
2.1.12 Obtain prior approval from City for any use of City logo, name, brand or
marks.
2.2. City shall:
2.2.1. actively promote the Program via agreed marketing and communication
efforts, as set forth in this Section 2.2.
2.2.2. promote the Program prominently on the home page of the City's web
domain throughout the term of the Program;
2.2.3. include information regarding the Program on the City's web page, briefly
explaining the Program and providing a hyperlink to the City's registration pages
on the Texas Power Switch platform, by using unique URL's which are provided
to the City by iChoosr for tracking purposes;
2.2.4. Include information regarding the Program on the City's web page, briefly
explaining the Program and providing a hyperlink to the City's registration pages
on the Texas Power Switch platform, by using unique URL's which will be
provided to the City by iChoosr for tracking purposes.
2.2.5. host and promote a minimum of two Programs each calendar year with
iChoosr.
2.2.6 not during the term of a Residential Customer Agreement, without the
prior written consent of iChoosr, directly contact by email, letter or telephone
anyone who has entered into a Residential Customer Agreement with the
prevailing retail energy supplier in an attempt to persuade that person to switch
their gas and/ or electricity services to an alternative supplier.
2.2.7 actively promote the Program, by carrying out the following marketing,
education and communication: (i) Provide feedback and content for the mailer;
(ii) Arrange for sending out a message or flyer to be inserted in the monthly
Utility bill; (ii) Arrange for sending out a message via an e-mail to e -bill
PAGE 4 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
households; (iii) Forward the press release to local newspaper(s) and local radio
station(s) and follow-up; and (iv) Encourage City organizations (e.g. home
owners' associations) to promote the Program.
ARTICLE 3 —TERM; TERMINATION
3.1 The term of this Agreement shall commence on Effective Date and shall continue
until on an annual basis, following which the term of this agreement shall renew annually for
successive terms of one (1) year each under the same terms and conditions unless either Parry
provides the other Parry written notice to terminate at least thirty (300 days prior to expiration of
the then current term.
3.2 Either Parry may terminate this Agreement upon sixty (60) days prior written
notice to the other Parry.
3.3 Either Parry may upon written notice to the other Parry terminate this Agreement
if the other Parry is in breach of this Agreement and such breach is not cured within thirty (30)
days after receipt of written notice thereof.
3.4 If the City terminates the Agreement or if the Agreement expires, Participants,
will be given the opportunity to participate in future `Texas Power Switch' programs provided by
iChoosr. No reference will be made to the City in the content of these webpages and the logo,
brand or marks of the City will not be shown.
ARTICLE 4 — SERVICES
4.1 For the duration of the Term of this Agreement the City undertakes to perform the
City's Obligations.
4.2 For the duration of the term of this Agreement iChoosr undertakes to perform
iChoosr's Obligations.
4.3 For them term of the Residential Customer Agreement, the City shall not, without
the prior written consent of iChoosr, directly contact by email, letter or telephone anyone who
has entered into a Residential Customer Agreement with the prevailing retail energy supplier in
an attempt to persuade that person to switch their gas and/or electricity services to an alternative
supplier.
ARTICLE 5 — RELATIONSHIP OF THE PARTIES
5.1 It is understood and agreed by and between the Parties that iChoosr, in satisfying
the conditions of this Agreement, is acting independently, and that the City assumes no
responsibility or liabilities to any third parry in connection with these actions. All services to be
performed by iChoosr pursuant to this Agreement shall be in the capacity of an independent
contractor, and not as a partner, shareholder, agent or employee of the City. iChoosr shall
PAGE 5 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
supervise the performance of its services and shall be entitled to control the manner and means
by which the Program is provided, and its services are to be performed, subject to the terms of
this Agreement.
5.2 The Parties acknowledge and agree that neither Parry is the agent or employee of
the other, and nothing in this Agreement shall be construed to the create a relationship between
the City and iChoosr of a partnership, association, or joint venture, and neither Party shall hold
itself out as an agent or partner of the other Parry. The Parties recognize and agree that the City
will not perform any function not legally permitted by state or federal law or the rules and
regulations established by any applicable governing authority.
ARTICLE 6 — INTELLECTUAL PROPERTY
6.1 The Parties agree that any Intellectual Property belonging to a Parry on the
Effective Date of this Agreement shall remain the legal and beneficial property of that Parry
during the Term and following termination or expiry of this Agreement. It is not permitted for
Parties to use, copy or share any Intellectual Property with any third parry without written
consent of the Parry to whom the Intellectual Property belongs, neither during nor after the
termination if this Agreement.
6.2 iChoosr hereby grants to the City a non-exclusive, non -transferable, royalty free,
world-wide license (including the right to grant sub -licenses to employees of the City), for the
Term, to access and use such of iChoosr's software as iChoosr may specify from time to time
(and in the manner specified by iChoosr from time to time) for the purpose of performing its
obligations under this Agreement and in connection with the operation of the Program.
6.3 Each Parry hereby grants to the other a non-exclusive, non -transferable, royalty
free, Texas license, for the Term, to display the devices, logos, branding, trademarks, slogans
and other materials of the other Parry ("Branding") for the purpose of promoting the Program
and their involvement in it, in each case subject to the prior written agreement of the granting
Parry as to what Branding may be used and the manner in which it may be used.
ARTICLE 7 — DATA PROTECTION
7.1. Both Parties warrant and undertake to comply with all applicable local, state, and
federal laws in the performance of their obligations under this Agreement.
7.2 The City warrants to iChoosr that to its knowledge and without specific due
diligence, it has made all appropriate notifications and has complied with any notification
provisions as may be required by any applicable local, state, and federal laws in respect of its
obligations under this Agreement and that performance of its obligations under this Agreement
shall not breach or contravene such notifications, nor cause iChoosr or the City to breach the
iChoosr's or the City's respective obligations under such local, state, and federal laws.
7.3. Both Parties acknowledge that any marketing activities in relation to its products
or services which it directs to Residents and Participants whose Resident Data and Visitor Data it
PAGE 6 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
has obtained in accordance with this Agreement, shall be conducted in accordance with all
applicable local, state, and federal laws and in accordance with any of the Participants'
marketing preferences.
7.4. iChoosr warrants that it has appropriate technical and organizational processes
and procedures in place to safeguard against any unauthorized or unlawful processing and
against accidental loss or destruction of, or damage to, the Resident Data and Visitor Data.
7.5. Except for Visitor Data submitted to the prevailing retail energy supplier for
performance of the Program, Resident Data and Visitor Data obtained in connection with the
Agreement shall not be sold, transferred or disclosed to any third parry without the consent of the
Participant and the City.
7.6. The Resident Data and Visitor Data may only be used by iChoosr for
administering the `Texas Power Switch' programs, subject to all relevant laws and regulations.
7.7 The City authorizes iChoosr to appoint sub -contractors as further data processors.
Any such sub -contractor shall be bound by the terms of this Agreement pertaining to the use and
transmission of Resident Data.
ARTICLE 8 - PUBLICITY
Neither Party shall engage in any publicity relating to this Agreement except with the
prior written consent of the other Party, such consent not to be unreasonably withheld or delayed.
The Parties shall at their own cost co-operate in terms of making or inputting into press releases
and shall respond promptly for requests for assistance in that regard. Each Parry shall promptly
notify the other of facts and circumstances that could give rise to negative publicity that could
cause harm to the position, the image, or reputation of either Parry.
ARTICLE 9 — PUBLICITY
Neither Parry shall engage in any publicity relating to this Agreement except with the
prior written consent of the other Party, such consent not to be unreasonably withheld or delayed.
The Parties shall at their own cost co-operate in terms of making or inputting into press releases
and shall respond promptly for requests for assistance in that regard. Each Parry shall promptly
notify the other of facts and circumstances that could give rise to negative publicity that could
cause harm to the position, the image, or reputation of either Parry.
ARTICLE 10 — GENERAL PROVISIONS
10.1. Warranties.
PAGE 7 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
10.1.1. The City will not enter into a similar type of partner agreement for a group
switching program with any third party for at least three years from the Effective
Date of this Agreement.
10.1.2. Unless otherwise permitted in this Agreement, neither Party shall use the
other's name and/or logo, branding program, catch phrase or intellectual property
for promotional or other use without the other Party's prior written permission.
10.1.3. The Parties hereby warrant, represent and undertake to each other that they
will co-operate and provide each other with such information and assistance as
each may reasonably required to enable and/or facilitate compliance with their
respective obligations under this Agreement.
10.1.4. The Parties agree that their promotional activities under and in connection
with this Agreement shall only promote the Program (and/or the Parties'
connection with it) and shall not promote energy suppliers or their products either
individually or as a group, provided that the Parties may refer to energy suppliers'
involvement in the Program and/or the types of products offered in the Program
(in generic terms).
10.2. Assi_ng ment. Neither Party may assign this Agreement without the prior written
consent of the other Party. iChoosr shall not sub -contract any of its obligations under this
Agreement without the City's prior written consent. Notwithstanding the foregoing, the City
expressly consents to iChoosr's outsourcing of its Customer Service. Subject to the provisions
regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to
it and their respective heirs, executors, administrators, legal representatives, successors and
assigns.
10.3. Waiver. No claim or right arising out of this Agreement can be waived by a Party,
in whole or in part, unless made in writing and signed by such Party. A failure or delay in
enforcing an obligation, or exercising a right or remedy, shall in no way amount to a waiver of
that obligation, right, or remedy. A waiver of a breach of a term of this Agreement shall not
amount to a waiver of a breach of any other term in the Agreement. A waiver of a particular
obligation in one circumstance will not prevent a Party from subsequently requiring compliance
as to the obligation on other occasions or as to any other obligation in the Agreement.
10.4. Indemnification. ICHOOSR DOES HEREBY COVENANT AND CONTRACT
TO WAIVE ANY AND ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS
THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL
LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES OR SUITS, CAUSED
BY OR RESULTING FROM THE NEGLIGENCE, INTENTIONAL TORT,
INTELLECTURAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY ICHOOSR, ITS AGENT, ITS
CONSULTANT UNDER CONTRACT, OR ANY OTHER ENTITY OVER WHICH THE
PAGE 8 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
ICHOORS EXERCISES CONTROL. INDEMNIFIED ITEMS SHALL INCLUDE
REASONABLE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT
COSTS IN PROPORTION TO ICHOOSR'S LIABILITY. ICHOOSR'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY ICHOOSR UNDER
THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
10.5 Insurance.
(a) iChoosr shall during the term hereof maintain in full force and effect a policy of
automobile liability insurance covering any vehicles owned, non -owned and hired and/or operated
by iChoosr, its officers, agents, and employees, and used in the performance of this Agreement
with the minimum limits required by state law
(b) All insurance shall be endorsed to provide the following provisions: (1) name the
City, its officers, and employees as additional insureds as to all applicable coverage; (2) provide
for a waiver of subrogation against the City for injuries, including death, property damage, or any
other loss to the extent the same is covered by the proceeds of insurance. A specific endorsement
needs to be added to all policies, with a copy of the endorsement provided to the City that
indicates the insurance company will provide to the City at least a thirty (30) day prior written
notice for cancellation, non -renewal, and/or material changes of the policy. In the event the
companies providing the required insurance are prohibited by law to provide any such specific
endorsements, the iChoosr shall provide at least thirty (30) days prior written notice to the City of
any cancellation, non -renewal and/or material changes to any of the policies of insurance.
(c) All insurance companies providing the required insurance shall be authorized to
transact business in Texas and rated at least "A" by AM Best or other equivalent rating service.
All policies must be written on a primary basis, non-contributory with any other insurance
coverage and/or self-insurance maintained by the City.
(d) A certificate of insurance and copies of auto policy endorsements evidencing the
required insurance shall be submitted to the City prior to commencement of services. On every
date of renewal of the required insurance policies, the iChoosr shall cause a certificate of
insurance and policy endorsements to be issued evidencing the required insurance herein and
delivered to the City. In addition, the iChoosr shall within ten (10) business days after written
request provide the City with certificates of insurance and policy endorsements for the insurance
required herein.
10.6. Force Majeure. No Party shall be liable to another Parry, nor be deemed to have
defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing
any term of this Agreement due to any of the following causes beyond such Parry's reasonable
control (such causes deemed "Force Majeure Events"): (i) acts of God, (ii) flood, fire, or
explosion; (iii) war, invasion, riot, or other civil unrest; (iv) actions, embargoes, or blockades in
effect on or after the date of this Agreement; (v) changes in law or regulation of any local, state,
PAGE 9 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
or federal governmental authority; (vi) national or regional emergency; or (vii) strikes, labor
stoppages, or slowdowns or other industrial disturbances; (viii) shortage of adequate power or
transportation facilities. A lack of funds shall not be deemed to be a Force Majeure Event. The
Party suffering a Force Majeure Event shall give notice within 5 days of the Force Majeure Event
to any other Party to which performance is owed, stating the period of time the occurrence is
expected to continue, and shall use diligent efforts to end the failure or delay and ensure that the
effects of such Force Majeure Event are minimized.
10.7. Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
in it.
10.8. Entire Agreement. This Agreement constitutes the entire understanding of the
Parties hereto with respect to the subject matter hereof and supersedes all prior negotiations,
discussions, undertakings and agreements between the Parties.
10.9 Amendment. This Agreement may be amended or modified only by a writing
executed by the duly authorized officers of the Parties hereto. It is understood and agreed that this
Agreement may not be changed, modified, or altered except by an instrument, in writing, signed
by both Parties in accordance with the laws of the State of Texas.
10.10. Indirect Damages. Neither Parry shall be liable for any indirect or consequential
loss whatsoever or howsoever arising out of or in connection with this Agreement.
10.11 Governing Law. The laws of the State of Texas shall govern this Agreement
without regard to any conflict of law rules; and venue for any action concerning this Agreement
shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the
personal and subject matter jurisdiction of said court.
10.12. Confidentiality. Parties shall keep confidential, and not disclose or use for a
purpose other than the Program, any confidential and proprietary information (collectively,
"Confidential Information") of any other Parry hereto (the "Protected Parry") provided however
a Parry may disclose Confidential Information: (a) to the extent consented to by the Protected
Parry, (b) to the extent required by the Texas Public Information Act or other applicable law.
10.13. Notices. All notices and other communications hereunder shall be in writing and
shall be deemed duly given: (a) on the date sent by facsimile, with confirmation of transmission,
or electronic mail if sent during normal business hours of the recipient during a Business Day,
and otherwise on the next Business Day if sent after normal business hours of the recipient,
provided that in the case of electronic mail, each notice and or other communication shall be
confirmed within one Business Day by dispatch of a copy of such notice pursuant to one of the
other methods described herein; (b) on the date of delivery if delivered personally, (c) if
dispatched via a recognized overnight courier service, delivery receipt requested, with charges
PAGE 10 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
paid by the dispatching Parry, on the later of (i) the first Business Day following the date of
dispatch, or (ii) the scheduled date of delivery by such service; or (d) on the fifth Business Day
following the date of mailing, if mailed by registered or certified mail, return receipt requested,
postage prepaid to the Parry to receive such notice. Where required, such notices shall be
delivered to the following addresses:
If intended for ICHOOSR:
iChoosr, LLC,
5868 Al Westheimer, 4601
Houston, Texas 77057
If intended for City:
City of Coppell, Texas
Attn: City Manager
255 E. Parkway Boulevard
Coppell, Texas 75019
With a copy to:
Robert E. Hager
City Attorney
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Ross Tower
500 N. Akard Street
Dallas, Texas 75201
10.14. Fees, Costs, and Expenses. Except as otherwise provided herein iChoosr shall
provide the Program with cost or charge to the City.
10.15 Prohibition of Boycott Israel. iChoosr verifies that it does not Boycott Israel and
agrees that during the term of this Agreement will not Boycott Israel as that term is defined in
Texas Government Code Section 808.001, as amended.
(Signature Page to Follow)
PAGE 11 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
DRAFT
EXECUTED this day of , 2020.
CITY OF COPPELL, TEXAS
Mike Land, City Manager
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
Robert E. Hager, City Attorney
EXECUTED this day of , 2020.
ICHOOSR, LLC
Filip Vissers, Vice President
PAGE 12 AGREEMENT -TEXAS POWER SWITCH PROGRAM
CITY OF COPPELL AND ICHOOSR, LLC (TM 116815)
9TH PROGRAM - GREAT PARTICIPATION!
15 6,000+ 1,806 $496
participating people signed people average
cities up accepted savings/year
an offer
000
97%
of residents surveyed agreed that their
city organizing this program for its
Iff residents contributes to its positive image.
$895,776
Money saved by residents
that stays in the local
economy.
UPCOMING PROGRAM
Registration: Open
Auction date: September 15, 2020
Send out offers: September 29, 2020
End decision period: October 21, 2020
Switch window: September 29, 2020 - February 9, 2021
" I would just like to thank the city for
offering the community the chance to
save on electricity - especially during
this health crisis and time of need."
Leslie, Fate
$• CITY OF TOMBALL
401 Market Street
rx�r. Tomball, TX 77375
Dear <First Name> <Last Name>,
TEXAS
POWERSWITCH
During these unprecedented times, many of us are facing economic challenges and are looking for ways to
save money and lower our monthly expenses. The Texas Power Switch is a program that makes it easy to
lower your electricity bills, especially as we enter the hot summer months.
With the approval of the City Council, the City of Tomball is officially working with the Texas Power
Switch to help residents save money on their electric bills.
What is the Texas Power Switch?
The Texas Power Switch is a group energy switching program run by iChoosr, LLC and is licensed by the
Public Utility Commission of Texas. It gives residents the opportunity to join together and get a lower
rate on electricity by asking energy providers to bid on the group's business.
There is no cost to the residents or the City for this service, nor does the City receive any
compensation. This is a service exclusively designed to help residents save money.
Save on average $425 on your electric bills per year
Texans who switched in the last program are expected to save an average of $425 per year on their
energy bills. The more people that participate, the greater the chances are of obtaining a competitive rate.
Please keep in mind, there's no fee to participate or obligation to switch.
Here's how it works:
• Have an electricity bill handy and visit www.texaspowerswitch.com/tomball.
• Register for free before May 19th, 2020. It only takes a few minutes.
• The Texas Power Switch will organize an auction among electricity providers and the lowest rate wins.
• Participants will receive a personal offer email by June 5th, 2020 and then decide whether to accept
the offer or not.
• Please remember that re -registration is required for each program
If you have any questions, please email energy@texaspowerswitch.com or call 888-376-2077.
Respectfully,
The City of Tomball
Para obtener m6s informaci6n en espanol, visite texaspowerswitch.com/texas/es
Households served by utility cooperatives are not eligible to participate.
NIVI IN11
Your personal offer is ready!
1 message
iChoosr BV Mail - Your personal offer is ready!
Texas Power Switch <energy@texaspowerswitch.com>
To: kelle@ichoosr.com
Kelle Balch <kelle@ichoosr.com>
Thu, May 28, 2020 at 9:28 AM
Dear Kelle Balch,
Your personal offer is ready! Registrants are expected to save an average of $496 on
their annual electricity costs compared to the market average. You can choose from a
12 and a 24 -month, fixed rate plan.
Click on the link below to see your personal offer and your estimated annual
savings:
Complete your details to see your personal offer!
OFFER EXPIRES ON JUNE 24TH, 2020 AT MIDNIGHT
What's in my personal offer?
On the personal offer page, you will find:
• Details of the winning rate
• Your estimated annual cost with the winning offers
• Your estimated annual savings with our offers, compared to the market average
Frequently Asked Questions
If I choose to accept, how long will it take for me to be switched?
After accepting, it will take 3-5 business days for you to be switched. You will receive confirmation from the
Texas Power Switch that you have accepted, and within a week you will receive a Welcome Kit from the
https://mail.google.com/mail/u/0?ik=f7d6820f2l &view=pt&search=all&permthid=thread-f%3A1667944789831610059&simpl=msg-f%3A166794478983... 1/2
NIVI IN11
iChoosr BV Mail - Your personal offer is ready!
winning supplier with more information.
I'm in contract and it expires after the decision deadline - what should I do?
If your contract ends between June 24th and September 29th, then we can arrange for you to automatically
be switched when your contract ends. This way, you will not be charged an early termination fee. Just
make sure that your contract end date is correctly entered in your details, before you accept! If your
contract ends after September 29th, 2020, then you can either wait for a future program, or calculate your
potential savings compared to your fee to leave your contract. It might still be worth switching!
Still have questions?
We're happy to help! Send us your quesbon or give us a call at 1-888-376-2077. Visit our
Commun'uty a �ouuni to see what other Texans are asking.
Sincerely,
The Texas Power Switch Team
Unsu iibsciribe - Unsu iibsciribe 1Flirefeirences
°Choosy independent experts
in group buying
https://mail.google.com/mail/u/0?ik=f7d682Of2l &view=pt&search=all&permthid=thread-f%3A1667944789831610059&simpl=msg-f%3A166794478983... 2/2
NIVI IN11
iChoosr BV Mail - One week left to accept your offer and start saving!
One week left to accept your offer and start saving!
Texas Power Switch <energy@texaspowerswitch.com>
To: kelle@ichoosr.com
Kelle Balch <kelle@ichoosr.com>
Wed, Jun 17, 2020 at 9:00 AM
Dear Kelle Balch,
The Texas Power Switch personal offers are ready, and there is only one week left to
accept. Don't miss out!
• Almost 1500 households have accepted their offer.
• 61% have chosen the 24 -month plan.
• Registrants are expected to save an average of $496/year with the 24 month plan.
• The Texas Power Switch takes care of the switch for you!
• In order to view your offer, you just need to complete a few details:
Click here to complete your details
if llf;;;;ll Ilf;;;;ll Ilf;;�dlf;;;;llf ,"'III"'III°°IVIS 011f'llf'llf;;;;llf II:::X; l::�IIIIZIE:S OII'� JIJII'VIIf;;;; 24"'III"'III°°I A"'III"' II Illllf;�ll�III III°°I"'III
Want help understanding the offer? Attend our Facebook Live info session!
There will be a final Facebook live info -session today. The session will explain the program
and the winning offers. To attend, visit the Texas Power Switch Facebook page at 11 AM
and click on the live video streaming on the feed. Can't make it? The presentation will be
recorded and you can watch the video afterwards.
Final Info Session
TODAY: Wednesday, June 17th, at 11 AM
Follow the Facebook Page by clicking on the icon at the bottom of the email!
What are the winning rates?
https://mail.google.com/mail/u/0?ik=f7d682Of2l &view=pt&search=all&permmsgid=msg-f%3A1669754994934284922&simpl=msg-f%3A166975499493... 1/2
NIVININIII
iChoosr BV Mail - One week left to accept your offer and start saving!
The winning rates can be found on the personal offer page, by clicking on the blue text that
reads 'Click here to view the rate.'
What's on the personal offer page?
On the personal offer page, you will find:
• Details of the winning rate
• Your estimated annual cost with the winning offers
• Your estimated annual savings with our offers, compared to the market average
Do you have any questions?
We're always happy to help! Send us your quesbon or give us a call at 1-888-376-2077.
Visit our Co in,1uu,1,.uuu!lil'I/ II' Oiruu, I to see what other Texans are asking.
Sincerely,
The Texas Power Switch Team
Unsulbscirbe - Unsu bscirbe 1Flirefeireinces
°Choosy independent experts
in group buying
https://mail.google.com/mail/u/0?ik=f7d682Of2l &view=pt&search=all&permmsgid=msg-f%3A1669754994934284922&simpl=msg-f%3A166975499493... 2/2
City of Coppell, Texas
C',P FE L
File ID: 2020-5205
Version: 1
File Name: Mayor & CC Reports
Master
File Number: 2020-5205
Type: Agenda Item
Reference:
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Mayor and Council
Re po its
In Control:
City Council
File Created:
07/20/2020
Final Action:
Title: Report by the City Council on recent and upcoming events.
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5205
Title
Report by the City Council on recent and upcoming events.
Summary
City of Coppell, Texas Page 1 Printed on 7/24/2020
C',P FE L
File ID: 2020-5201
Version: 1
City of Coppell, Texas
Master
File Number: 2020-5201
Type: Agenda Item
Reference:
File Name: CC Committee Reports 07/28/20
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Status:
Council Committee
Re po its
In Control:
City Council
File Created:
07/20/2020
Final Action:
Title: A. Report on Carrollton/Farmers Branch ISD/Lewisville ISD Liaison -
Mayor Pro Tem Mark Hill and Councilmember Brianna Hinojosa-Smith
B. Report on Coppell ISD - Councilmembers Brianna Hinojosa-Smith and
Biju Mathew
C. Report on Coppell Seniors - Councilmember Gary Roden
Notes:
Sponsors:
Attachments:
Contact:
Drafter:
Related Files:
History of Legislative File
Enactment Date:
Enactment Number:
Hearing Date:
Effective Date:
Ver- Acting Body: Date: Action: Sent To: Due Date: Return Result:
sion:
Date:
Text of Legislative File 2020-5201
Title
A. Report on Carrollton/Farmers Branch ISD/Lewisville ISD Liaison - Mayor Pro Tem Mark
Hill and Councilmember Brianna Hinojosa-Smith
B. Report on Coppell ISD - Councilmembers Brianna Hinojosa-Smith and Biju Mathew
C. Report on Coppell Seniors - Councilmember Gary Roden
Summary
City of Coppell, Texas Page 1 Printed on 7/24/2020