CP 2022-10-11City Council
City of Coppell, Texas
Meeting Agenda
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, October 11, 2022
WES MAYS BIJU MATHEW
Mayor Mayor Pro Tem
CLIFF LONG KEVIN NEVELS
Place 1 Place 4
BRIANNA HINOJOSA-SMITH JOHN JUN
Place 2 Place 5
DON CARROLL MARK HILL
Place 3 Place 7
MIKE LAND
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in 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 551.071, Texas Government Code - Consultation with City Attorney.
Page 1 City of Coppell, Texas Printed on 10/7/2022
October 11, 2022City Council Meeting Agenda
A.Consultation with City Attorney for legal advice regarding enforcement of
Building and Maintenance Code for substandard buildings and structures
for Riverchase Apartments.
B.Consultation with City Attorney for legal advice and updates concerning
legal authority to regulate short term rentals.
3.Work Session (Open to the Public) 1st Floor Conference Room
A.Discussion regarding agenda items.
B.Discussion regarding adding a Deceleration Lane at SH 121 Frontage
Road and East Lake Drive.
C.American Rescue Plan Act (ARPA) funding update.
D.Discussion regarding electioneering at polling locations.
Deceleration Memo.pdf
ARPA Memo.pdf
ARP Council Prioritization.pdf
Electioneering Memo.pdf
Attachments:
Regular Session
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
Proclamations
6.Consider approval of a Proclamation naming the month of October as “Fire
Prevention Month,” and authorizing the Mayor to sign.
Proclamation.pdfAttachments:
7.Consider approval of a Proclamation naming the month of October,
“National Breast Cancer Awareness Month,” and authorizing the Mayor to
sign.
Proclamation.pdfAttachments:
8.Consider approval of a Proclamation designating October 11, 2022, as
“Bishop Dr. Theodosius Mar Thoma Day;” and authorizing the Mayor to
sign.
Proclamation.pdfAttachments:
9.Citizens’ Appearance
Presentation
10.Citizen Survey Results Presentation.
Page 2 City of Coppell, Texas Printed on 10/7/2022
October 11, 2022City Council Meeting Agenda
Memo.pdfAttachments:
11.Consent Agenda
A.Consider approval of the Minutes: September 27, 2022.
CM 2022-09-27.pdfAttachments:
B.Consider approval of an Ordinance of the City Council of the City of
Coppell, Texas, by amending the Code of Ordinances, by amending
Chapter 6 “Business Regulations’, Article 6-15 ‘Temporary signs’ by
repealing Section 6-15-7 ‘Political signs and polling places’ in its entirety
and replacing it with a new Section 6-15-7 ‘Political signs and polling
places’, providing a severability clause; and providing an effective date;
and authorizing the Mayor to sign.
Memo.pdf
Ordinance.pdf
Exhibit.pdf
Attachments:
C.Consider approval of an Ordinance for PD-301R2-HC a zoning change
request from PD-301R-HC (Planned Development 301 Revised- Highway
Commercial) to PD-301R2-HC (Planned Development 301-Revision 2-
Highway Commercial) to revise the Concept PD for the overall
development of the site and allow for a combination of retail, restaurant,
offices, medical office, banquet center, and daycare; on approximately 10
lots on 16.766 acres of property located at the on the southeast corner of
Belt Line Road and Dividend Drive; and authorizing the Mayor to sign.
Memo.pdf
Ordinance.pdf
Exhibit A - Legal Description.pdf
Exhibit B - Concept Site Plan.pdf
Exhibit C - Concept Landscape Plan.pdf
Exhibit D - Elevations & Perspectives.pdf
Exhibit E - Focal Point.pdf
Exhibit F - Sign Plan.pdf
Attachments:
D.Consider approval of an Ordinance for case PD-181R3-SF-12, Bethel
Road Estates Addition, Lot 1R, Block 1, a zoning change request from C
(Commercial), R (Retail) and PD-181R2-SF-12 (Planned
Development-181-Revision 2 Single-Family- 12) to PD-181R3-SF-12
(Planned Development-181-Revision 3 Single-Family - 12) to approve a
Detail Site Plan for an existing single-family residence with a 300 square
foot addition and the construction of a 4,000 sf accessory garage structure,
and modification of the front yard fence located on 2.065 acres of land
located on the northside of W. Bethel Road, approximately 325 ft east of
Page 3 City of Coppell, Texas Printed on 10/7/2022
October 11, 2022City Council Meeting Agenda
Hearthstone Lane, and authorizing the Mayor to sign.
Memo.pdf
Ordinance.pdf
Exhibit A - Legal Description.pdf
Exhibit B - Site Plan.pdf
Exhibit C - Tree Survey.pdf
Exhibit D - Elevations.pdf
Attachments:
E.Consider approval of two agreements for disaster debris monitoring and
consulting services to be provided by DebrisTech, LLC as the primary
vendor, and True North Emergency Management, LLC as the secondary
vendor; and authorizing the City Manager to sign any necessary
documents.
Memo.pdf
Debris Tech Agreement.pdf
True North LLC Agreement.pdf
Attachments:
F.Consider approval of three contracts for disaster debris removal,
reduction, disposal, and other emergency debris related services to be
provided by CrowderGulf, LLC. as the primary vendor and with T.F.R
Enterprises, Inc., and DRC Emergency Services, LLC. as alternate
vendors; and authorizing the City Manager to sign any necessary
documents.
Memo.pdf
Crowder Gulf LLC Contract.pdf
TFR Enterprises, Inc. Contract.pdf
DRC Emergency Services Contract.pdf
Attachments:
G.Consider approval to purchase replacement of Fire Personal Protective
Ensembles, Bunker Gear, for Structural Fire Fighting (coat, pants, escape
belt/harness, and suspenders) from North American Fire Equipment
Company though Buy Board contract #603-20 in the amount of $67,200.00
as budgeted; and authorizing the City Manager to sign any necessary
documents.
Memo.pdf
Quote.pdf
NFPA1851-2020 Edition 10.1.3.pdf
Attachments:
H.Consider approval of and awarding RFP #190 for the annual Holiday
Lights Program to Premier Lighting Enterprises, LLC.; in the amount of
$240,608.00 as budgeted; and authorizing the City Manager to sign any
necessary documents.
Memo.pdf
Premier Lighting RFP 190.pdf
Attachments:
Page 4 City of Coppell, Texas Printed on 10/7/2022
October 11, 2022City Council Meeting Agenda
I.Consider approval to purchase Granicus Software from Carahsoft, DIR
contract# DIR TSO-4288 in the amount of $72,805.95 as budgeted; and
authorizing the City Manager to sign any necessary documents.
Memo.pdf
Quote.pdf
Attachments:
End of Consent Agenda
12.PUBLIC HEARING:
Consider approval of an Ordinance designating Rochester Sensors
Reinvestment Zone No. 114 pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act; and authorizing the Mayor to sign.
Memo.pdf
Public Hearing Notice.pdf
Ordinance.pdf
Attachments:
13.City Manager Reports - Project Updates and Future Agendas
14.Mayor and Council Reports
Report by Mayor and City Council on recent and upcoming events.
15.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
16.Necessary Action from Executive Session
17.Adjournment
________________________
Wes Mays, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 7th day of October, 2022, at _____________.
______________________________
Sara Egan, Deputy City Secretary
Page 5 City of Coppell, Texas Printed on 10/7/2022
October 11, 2022City Council Meeting Agenda
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals 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).
Page 6 City of Coppell, Texas Printed on 10/7/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6551
File ID: Type: Status: 2022-6551 Agenda Item Executive Session
1Version: Reference: In Control: City Council
09/30/2022File Created:
Final Action: Exec Session - RiverchaseFile Name:
Title: Consultation with City Attorney for legal advice regarding enforcement of
Building and Maintenance Code for substandard buildings and structures
for Riverchase Apartments.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6551
Title
Consultation with City Attorney for legal advice regarding enforcement of Building and
Maintenance Code for substandard buildings and structures for Riverchase Apartments.
Summary
Fiscal Impact:
N/A
Staff Recommendation:
N/A
Strategic Pillar Icon:
Sustainable Government
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6551)
Page 2City of Coppell, Texas Printed on 10/7/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6552
File ID: Type: Status: 2022-6552 Agenda Item Executive Session
1Version: Reference: In Control: City Council
09/30/2022File Created:
Final Action: Exec Session - STRsFile Name:
Title: Consultation with City Attorney for legal advice and updates concerning legal
authority to regulate short term rentals.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6552
Title
Consultation with City Attorney for legal advice and updates concerning legal authority to
regulate short term rentals.
Summary
Fiscal Impact:
N/A
Staff Recommendation:
N/A
Strategic Pillar Icon:
Sustainable Government
Page 1City of Coppell, Texas Printed on 10/7/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6552
Page 1City of Coppell, Texas Printed on 10/7/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6555
File ID: Type: Status: 2022-6555 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/03/2022File Created:
Final Action: WKS 10/11/22File Name:
Title: A.Discussion regarding agenda items.
B.Discussion regarding adding a Deceleration Lane at SH 121 Frontage
Road and East Lake Drive.
C.American Rescue Plan Act (ARPA) funding update.
D.Discussion regarding electioneering at polling locations.
Notes:
Sponsors: Enactment Date:
Deceleration Memo.pdf, ARPA Memo.pdf, ARP
Council Prioritization.pdf, Electioneering Memo.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6555
Title
A.Discussion regarding agenda items.
B.Discussion regarding adding a Deceleration Lane at SH 121 Frontage Road and East
Lake Drive.
C.American Rescue Plan Act (ARPA) funding update.
D.Discussion regarding electioneering at polling locations.
Summary
Page 1City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To:
From:
Date:
Reference:
2040:
Mayor and City Council
Kent Collins P.E., Director of Public Works
October 11, 2022
Deceleration Lane at SH 121 Frontage Road and East Lake Drive
Foundation Pillar: Sustainable City Government
General Information:
Staff will present and discuss a request to add a deceleration lane at the intersection of SH 121
Frontage Road and East Lake Drive. Staff will seek direction regarding whether to proceed with the
project and funding source.
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Traci Leach, Deputy City Manager
Date: October 11, 2022
Reference: Work Session – ARPA Update and Status of Business Assistance Grants
2040: Create Business and Innovation Nodes
Introduction:
This update will provide the status of funds dedicated to projects from the American Rescue Plan Act
(ARPA) funds. Specifically, staff will provide an update on the current project prioritization list,
status of the business assistance grants, and request Council direction regarding additional potential
ARP-eligible projects. The information below summarizes the status of the business assistance grant
programs.
Background:
City Council dedicated a total of $2,750,000 in ARPA funds to two grant programs for Coppell
businesses. Both programs were designed to assist Coppell businesses who endured financial
hardship, and each program is described in greater detail below.
COPPELL BUSINESS RENT/MORTGAGE ASSISTANCE GRANTS:
The first grant program is called the Coppell Business Rent/Mortgage Assistance Grant program. A
total of $2,450,000 was granted to this program to help Coppell businesses that endured financial loss
due to COVID-19. Qualifying businesses can apply to receive a $10,000 grant to assist them with
their rent or mortgage. This one-time grant is awarded on a first-come, first-served basis.
City Council initially dedicated $650,000 to this grant program. When first released to the public,
the response robust from Coppell businesses. All funds were distributed quickly, and the grant
application was closed. City Council decided to dedicate an additional $1,800,000 to fund the
program. The grant application re-opened on July 13, 2022. To date, an additional $560,000 has
been awarded to Coppell businesses. Information on the grant program was mailed to every business
2
in Coppell, and the grant application is available on the City’s website. There is $1,240,000 remaining
for this grant program.
COPPELL BUSINESS REVENUE RECOVERY ASSISTANCE GRANTS:
The second grant program is called the Coppell Business Revenue Recovery Assistance Grant
program. City Council dedicated a total of $300,000 in ARPA funds to this program. The Coppell
Business Revenue Recovery Assistance Grant program was designed to aid businesses impacted by
the road construction on S. Belt Line Road. City Council identified eligible businesses for this grant
program, and information was mailed to all eligible businesses.
Qualifying businesses can apply to receive a $5,000 grant to assist them with recovery efforts for any
loss of business they have experienced during construction. Grants are awarded on a first-come, first-
served basis; however, grant applications did open to the eligible businesses directly in the
construction zone 2 weeks prior to the eligible businesses located between Southwestern Boulevard
and Sandy Lake Road. To date, $130,000 has been awarded to eligible Coppell businesses. There is
$170,000 remaining for this grant program.
Benefit to the Community:
These funds have helped businesses in Coppell keep their doors open after enduring financial loss.
Legal Review:
N/A
Fiscal Impact:
$2,750,000 in ARPA funds
Recommendation:
N/A
10/5/2022
Available Balance of Allocation #1: 4,258,515$
Allocation #2:5,131,770$
Total Allocated to Projects:9,386,000$ Includes projects in Priority bands 1-6
Total Available for Future Projects:4,285$
Priority Project ARP Category
Average
Rating
Estimated
Budget
Cumulative
Total Status
1 Metrocrest Services Supplemental Funding Public Health/Negative Economic Impact 7 375,000$ 375,000$ Agreement under legal review
Woven Health Clinic Public Health/Negative Economic Impact 6.625 250,000$ 625,000$ Agreement under legal review
Rent Assistance Program Public Health/Negative Economic Impact 6.625 2,750,000$ 3,375,000$
$2.450M for rent/mortgage and
$300K for revenue recovery
3 Magnolia Park Trail*Revenue Loss 5.125 1,500,000$ 4,875,000$
Reconfiguration of Court Clerk Areas Public Health/Negative Economic Impact 4.75 75,000$ 4,950,000$ Construction Completed
Creek Bank Stabilization Revolving Loans Revenue Loss 4.75 970,000$ 5,920,000$
Program documents under legal
review
Parking Lot Cover for Police Vehicles Revenue Loss 4.75 110,000$ 6,030,000$
Moore Road Park Boardwalk*Revenue Loss 4.75 1,260,000$ 7,290,000$
Includes $160K for unanticipated
drainage work
Pop-Up Business Support Public Health/Negative Economic Impact 4.375 500,000$ 7,790,000$
To begin due diligence post business
assistance
Fire Station Repairs Revenue Loss 4.375 616,000$ 8,406,000$ Project Underway
Fiber Expansion Revenue Loss 4 500,000$ 8,906,000$ Council addition 04-26-2022
Pavement Replacement at Creekview Revenue Loss 4 250,000$ 9,156,000$ Project Underway
Howell/Bullock Drainage Revenue Loss -$ 9,156,000$ Alternative Funding identified
Utility Billing Credit O65 Revenue Loss 230,000$ 9,386,000$ Completed in August
Teams Voice Hardware/Licensing Revenue Loss 3.625 250,000$ 9,636,000$ Currently not prioritized
City-wide LTE Network Revenue Loss 3.625 2,000,000$ 11,636,000$
* Project is currently funded in the FY22 Budget, in the Allocated Fund Balance, or in the 5-Year Forecast
2
7
4a
5
6
1
MEMORANDUM
To: Mayor and City Council
From: Ashley Owens, City Secretary
Date: October 11, 2022
Reference: Discussion regarding electioneering at polling locations.
2040: Sustainable Government
Introduction:
The purpose of this agenda item is to review the consent agenda item to regulate placement of
temporary signs specifically political signs that require driven posts at the polling locations owned by
the City by ordinance. Currently, Town Center is a designated polling location for Early Voting and
Election Day.
Background:
City Council provided direction at the September 13, 2022, regular meeting to move forward with an
ordinance regulating the placement of political signs at polling locations owned by the City. In the
past, installation of large signs requiring driven posts have damaged underground irrigation and
electrical lines. The City has had to pay for all repairs. In addition, placement of such signs has also
limited the sight range of drivers entering and exiting from Town Center onto Parkway Boulevard.
The proposed ordinance amendment would not restrict the placement of the smaller 24” x 18” signs
at Town Center, with the exception of the sight triangle at the corners of Parkway and Stonemeade
(Town Center main drive aisle entry).
Benefit to the Community:
Amending this ordinance will assist in maintaining the integrity of Town Center as a property asset
and ensuring safety during high traffic times due to an election.
Legal Review:
The City Attorney has reviewed the Ordinance.
2
Fiscal Impact:
N/A
Recommendation:
The City Secretary’s Office recommends approval of the Ordinance.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6518
File ID: Type: Status: 2022-6518 Agenda Item Agenda Ready
1Version: Reference: In Control: Fire
09/06/2022File Created:
Final Action: 2022 Fire Prevention Month ProclamationFile Name:
Title:
Notes:
Sponsors: Enactment Date:
Proclamation.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6518
Summary
Although fire prevention is a year around initiative, the Coppell Fire Department uses Fire
Prevention Month as an opportunity to highlight and promote additional programs.
This year’s Fire Prevention Month theme is: “Fire won’t wait. Plan your escape.”
effectively serves to remind us it is important to have a home fire escape plan.
Fiscal Impact:
There is no fiscal impact of this agenda item.
Staff Recommendation:
The Fire Department recommends approval.
Strategic Pillar Icon:
Perpetuate a Learning Environment
Sustainable Government
Page 1City of Coppell, Texas Printed on 10/7/2022
PROCLAMATION
WHEREAS, Fire is a serious public safety concern both locally and nationally, and homes
are the locations where people are at greatest risk from fire; and
WHEREAS, Each year fire departments nationwide respond to over 350,000 home fires, in
which over 2,600 civilians are killed; and
WHEREAS, Working smoke alarms alert you to danger in the event of fire in which you
may have as little as 2 minutes to escape safely; and
WHEREAS, Residents should be sure everyone in the home understands the sounds
of the alarms and knows how to respond; and
WHEREAS, Residents who have planned and practiced a home fire escape plan are more
prepared and will therefore be more likely to survive a fire; and
WHEREAS, The 2022 Fire Prevention Month theme, “Fire won’t wait. Plan your escape”,
effectively serves to remind us of the importance of having a home fire escape plan.
NOW THEREFORE, I Wes Mays, Mayor of Coppell do hereby proclaim the month of
October 2022, as Fire Prevention Month throughout this city, and I urge all the people of Coppell to
plan and practice a home fire escape for Fire Prevention Month 2022 and to support the many public
safety activities and efforts of Coppell’s fire and emergency services.
IN WITNESS, THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this 11th day of October 2022.
ATTEST:
____________________________
Wes Mays, Mayor
________________________
Ashley Owens, City Secretary
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6517
File ID: Type: Status: 2022-6517 Agenda Item Agenda Ready
1Version: Reference: In Control: Fire
10/11/2022File Created:
Final Action: 2022 Breast Cancer Awareness Month ProclamationFile Name:
Title: Consider approval of a Proclamation naming the month of October, “National
Breast Cancer Awareness Month,” and authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Proclamation.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6517
Title
Consider approval of a Proclamation naming the month of October, “National Breast Cancer
Awareness Month,” and authorizing the Mayor to sign.
Summary
The Coppell Fire Department and the City of Coppell uses National Breast Cancer Awareness
Month to educate women about the importance of early detection for breast cancer.
Fiscal Impact:
There is no fiscal impact of this Agenda item.
Staff Recommendation:
The Fire Department recommends approval.
Strategic Pillar Icon:
Perpetuate a Learning Environment
Sustainable Government
Page 1City of Coppell, Texas Printed on 10/7/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6517
Page 1City of Coppell, Texas Printed on 10/7/2022
PROCLAMATION
WHEREAS, National Breast Cancer Awareness Month is an annual campaign to
increase awareness of the disease; and
WHEREAS, This year, more than 287,000 new cases of invasive breast cancer are
expected to be diagnosed in women in the U.S., along with over 51,000 new cases of non-invasive
breast cancer, and over 2,700 men will be diagnosed with invasive breast cancer, and
WHEREAS, This year, more than 43,000 people will likely die from this terrible
disease; and
WHEREAS, Deaths from breast cancer have continued to decline in women over 50,
but have remained steady for women under 50 since 2007, as it still remains the second most
common form of cancer and the second leading cause of cancer death overall among American
women; and
WHEREAS, Increased awareness, especially of family history and other common risk
factors, preventive care, and regular screenings, including mammograms, can help save lives
through early diagnosis and prompt treatment; and
WHEREAS, Through early detection and improved treatments, today there is a 90
percent five-year survival rate for women diagnosed with breast cancer.
NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby
proclaim the month of October 2022 as
“NATIONAL BREAST CANCER AWARENESS MONTH”
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell
to be affixed this 11th day of October 2022.
ATTEST:
____________________________
Wes Mays, Mayor
__________________________
Ashley Owens, City Secretary
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6558
File ID: Type: Status: 2022-6558 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/03/2022File Created:
Final Action: BISHOP DR. THEODOSIUS MAR THOMA DAYFile Name:
Title: Consider approval of a Proclamation designating October 11, 2022, as
“Bishop Dr. Theodosius Mar Thoma Day;” and authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Proclamation.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6558
Title
Consider approval of a Proclamation designating October 11, 2022, as “Bishop Dr.
Theodosius Mar Thoma Day;” and authorizing the Mayor to sign.
Summary
Page 1City of Coppell, Texas Printed on 10/7/2022
PROCLAMATION
WHEREAS, The service provided by faith leaders is unique – they safeguard the spiritual
well-being of the members of their congregations and reach out to the surrounding communities;
and
WHEREAS, Because a faith leader represents many things to a congregation as a
leader, spiritual guide, visionary, shepherd, overseer, teacher, preacher, intercessor, and much
more; and
WHEREAS, It is appropriate for the community to set aside a special time to
recognize and affirm the blessings of such leadership;
WHEREAS, Congratulations to Most Rev. Dr. Theodosius Mar Thoma Metropolitan who
is the 22nd Malankara Metropolitan to occupy the Holy Apostolic Throne of St. Thomas.
NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim
Tuesday, October 11, 2022, as
“BISHOP DR. THEODOSIUS MAR THOMA DAY”
in the City of Coppell, Texas.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this 11th day of October 2022.
ATTEST: Wes Mays, Mayor
Ashley Owens, City Secretary Biju Mathew, Mayor Pro Tem
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6557
File ID: Type: Status: 2022-6557 Agenda Item Presentations
1Version: Reference: In Control: City Council
10/03/2022File Created:
Final Action: Citizen Survey Results Presentation.File Name:
Title: Citizen Survey Results Presentation.
Notes:
Sponsors: Enactment Date:
Memo.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6557
Title
Citizen Survey Results Presentation.
Summary
Page 1City of Coppell, Texas Printed on 10/7/2022
MEMORANDUM
To:
From:
Date:
Re:
2040:
Mayor and City Council
Vicki Chiavetta, Deputy City Manager
October 11, 2022
Citizen Survey Results Presentation.
Sustainable City Government
Introduction:
The City of Coppell recently completed a citizen survey to identify what facilities, services and programs
residents consider to be most important to them, and to understand how successful the City is in those
areas. The survey ran for four weeks, from August 15 to September 9. The City received 1,966 responses
to the survey. The consultant, Ron Gailey with OnPointe Insights, will present the findings of the survey
to the Council and community.
Background:
The City has conducted citizen surveys to obtain input regarding satisfaction levels with City services,
facilities, and programs since 1994. Information from the survey is used to identify not only what is most
important to the residents, but also how satisfied the respondents are with what the City is doing. This
allows the City to focus on areas for improvement and assists in strategic and budget planning.
For this survey, a Request for Proposal was issued in the spring and six proposals were received. An
evaluation team reviewed and rated the proposals and selected Onpointe Insights to conduct the 2022
survey. The survey was closed on September 9th and the results analyzed in preparation for this
presentation.
Benefit to the Community:
A citizen satisfaction survey allows residents an opportunity to share their opinions and feelings about
how the City is meeting service expectations. Included in the survey were several open ended questions
to allow for specific comments and feedback from residents.
Legal Review: N/A
Fiscal Impact: N/A
Recommendation: N/A
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6559
File ID: Type: Status: 2022-6559 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/03/2022File Created:
Final Action: MinutesFile Name:
Title: Consider approval of the Minutes: September 27, 2022.
Notes:
Sponsors: Enactment Date:
CM 2022-09-27.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6559
Title
Consider approval of the Minutes: September 27, 2022.
Summary
Page 1City of Coppell, Texas Printed on 10/7/2022
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
City of Coppell, Texas
Minutes
City Council
7:00 PM Council ChambersTuesday, September 27, 2022
WES MAYS BIJU MATHEW
Mayor Mayor Pro Tem
CLIFF LONG KEVIN NEVELS
Place 1 Place 4
BRIANNA HINOJOSA-SMITH JOHN JUN
Place 2 Place 5
DON CARROLL MARK HILL
Place 3 Place 7
MIKE LAND
City Manager
Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John
Jun;Biju Mathew and Mark Hill
Present 8 -
Also present were Deputy City Managers Vicki Chiavetta and Traci Leach, City Attorney
Robert Hager and Deputy City Secretary Sara Egan.
The City Council of the City of Coppell met in Regular Session on Tuesday, September
13, 2022 at 7:00 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
Call to Order1.
Mayor Wes Mays called the meeting to order, determined that a quorum was
present and convened into the Work Session at 7:00 p.m.
Work Session (Open to the Public) 1st Floor Conference Room2.
A.Discussion regarding agenda items.
B.Update regarding Denton Central Appraisal District staffing.
All items were discussed in Work Session.
Regular Session
Mayor Wes Mays adjourned the Work Session at 7:11 p.m and reconvened into
regular session at 7:30 p.m.
Page 1City of Coppell, Texas
September 27, 2022City Council Minutes
Invocation 7:30 p.m.3.
Mayor Wes Mays gave the invocation.
Pledge of Allegiance4.
Mayor Wes Mays and the City Council led those present in the Pledge of
Allegiance.
Citizens’ Appearance5.
Mayor Wes asked for those who signed up to speak:
1) Barbara Bailey, 232 Plantation Drive, spoke in regards to curb and sidewalk
designs.
2) Dorothy Fischer, 400 Sandy Knoll Drive, spoke in favor of the City's support of
the Arts in the city.
Proclamations
6.Consider approval of a Proclamation naming "National Night Out" on
Tuesday, October 4, 2022; providing for City Council support and
endorsement of National Night Out festivities; and authorizing the Mayor
to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Officer Kelly Luther and staff.
A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by
Councilmember Don Carroll, that this Agenda Item be approved. The motion
passed by an unanimous vote.
7.Consider approval of a Proclamation naming the month of October as
“National Arts and Humanities Month”; and authorizing the Mayor to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Managing Director of the Arts Center Ginene Delcioppo, staff, and
supporters.
A motion was made by Councilmember Kevin Nevels, seconded by Mayor Pro
Tem Biju Mathew, that this Agenda Item be approved. The motion passed by
an unanimous vote.
Consent Agenda8.
A.Consider approval of Minutes: September 13, 2022
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, that Consent Agenda Items A - G be approved.
The motion passed by an unanimous vote.
B.Consider approval of two Ordinances amending Chapter 3 ‘City
Page 2City of Coppell, Texas
September 27, 2022City Council Minutes
Departments’ Article 3-2 ‘Sewer Department’, by amending Section
3-3-2 ‘Sewer Rates (Monthly)’ by adding winter averaging; and amending
Chapter 3 “City Departments”, Article 3-3. “Water And Sewer
Regulations”, Section 3-3-2 “Payment of Bills” by amending Subsection
3-3-2(E), to authorize the City Manager or designee to consider
adjustment to a customer’s water bill following repair of a leak; and
authorizing the Mayor to sign.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, that Consent Agenda Items A - G be approved.
The motion passed by an unanimous vote.
Enactment No: OR 2022-1586
C.Consider approval of a Resolution approving a negotiated settlement
between the Atmos Cities Steering Committee (ACSC) and Atmos
Energy Corp., Mid-Tex Division; and authorizing the Mayor to sign.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, that Consent Agenda Items A - G be approved.
The motion passed by an unanimous vote.
Enactment No: 2022-0927.1
D.Consider approval of Consulting Contract renewal with Holmes Murphy
and Associates for employee benefits consulting, wellness services and
other related benefits programs in the amount of $105,000.00; as
budgeted in FY 22-23.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, that Consent Agenda Items A - G be approved.
The motion passed by an unanimous vote.
E.Consider approval of a renewal contract with Liberty Mutual for medical
group excess loss insurance in the amount of $386,265.00; as budgeted
in FY 22-23.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, that Consent Agenda Items A - G be approved.
The motion passed by an unanimous vote.
F.Consider approval a contract addendum for third party claims
administration services with UMR, INC. in the amount of $186,500.00; as
budgeted in FY 22-23.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, that Consent Agenda Items A - G be approved.
The motion passed by an unanimous vote.
G.Consider approval of renewal for fully insured organ transplant coverage
with Tokio Marine HCC in the amount of $71,012.00; as budgeted in FY
2022-2023.
A motion was made by Councilmember Kevin Nevels, seconded by
Page 3City of Coppell, Texas
September 27, 2022City Council Minutes
Councilmember Don Carroll, that Consent Agenda Items A - G be approved.
The motion passed by an unanimous vote.
End of Consent Agenda
9.Consider approval of an Ordinance of the City of Coppell, Texas
amending Ordinance No. 2021-1563, the budget for Fiscal Year October
1, 2021, through September 30, 2022; and authorizing the Mayor to sign.
Presentation: Kim Tiehen, Director of Finance, made a presentation to the City
Council.
A motion was made by Councilmember Kevin Nevels, seconded by
Councilmember Don Carroll, to approve this Agenda Item. The motion passed
by an unanimous vote.
Enactment No: 2022-1587
City Manager Reports - Project Updates and Future Agendas10.
Belt Line anticipate switching traffic at the end of October.
Intersection Improvements at Bethel School Road are expected to be
completed the week of the October 10th and SH 121 will be complete by the
end of October. There was an unexpected electric meter owned by NTTA that
is being resolved, but taking additional time.
Plantation is substantially complete.
The second ARPA tranche was received today in the amount of $5,141,912.90.
Construction is expected to begin soon on the Cricket Field located at Wagon
Wheel Field 6. Our contractor has given us an early November timeline to
break ground.
Mayor and Council Reports11.
Report by Mayor and City Council on recent and upcoming events.
Apply to serve on one of the City of Coppell’s Boards and Commissions! Learn
more about the open positions at coppelltx.gov/boards. Applications will be
open through October 7th.
The last day to register to vote in the November 8, 2022, election is Tuesday,
October 11. Visit coppelltx.gov/election for more information about the
upcoming election, check your status, and get registered to vote in your
county.
The City of Coppell will hold a special election to consider two propositions:
Whether or not to continue a one-fourth of one percent sales and use tax for
maintenance and repair of municipal streets for a 4-year period; and whether
or not to continue a one-fourth of one percent sales and use tax for crime
reduction programs for a 10-year period. Early Voting begins October 24th. Visit
Page 4City of Coppell, Texas
September 27, 2022City Council Minutes
coppelltx.gov/election more information!
If you donated to the Halloween Costume Drive, bring your ticket to choose a
new costume. You must donate a costume in order to take one. Gently used
costumes can also be brought the day of the event on October 1st 2-3:00 p.m. at
the Cozby Library.
Kaleidoscope: A Celebration of Art and Cultures is returning to Andrew Brown
Park East on Saturday, October 8 from 11:00 AM – 3:00 PM. This year’s daytime
event will feature a variety of activities, performances, and artisan vendors to
appeal to everyone! For tastes around the world, a diverse array of lunch
options will be available for purchase from food vendors.
Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
12.
A.Report on North Central Texas Council of Governments -
Councilmember Brianna Hinojosa-Smith
B.Report on North Texas Commission - Councilmember Brianna
Hinojosa-Smith
C.Report on Historical Society - Councilmember Cliff Long
Councilmember Brianna Hinojosa-Smith stated there was nothing new to
report on North Central Texas Council of Governments.
Councilmember Brianna Hinojosa-Smith reported on North Texas Commission,
the recognition of former Mayor Karen Hunt, and legislative priorities of the
Commission.
Councilmember Cliff Long reported on Historical Society:
In addition to stocking the Minyard store in anticipation of its Grand
Re-opening and continuing work on converting Heritage Park to a registered
State of Texas Museum, Society members have been busy planning Pioneer
Day, their first day of celebration for the Fall holiday season. Pioneer Day will
be held Saturday, October 15th from 9 am to 1 pm in Heritage Park where
South Coppell Road intersects Bethel Road on the south side.
The day is designed to be a "walk through of Coppell's history." Entering
through the parking lot on S. Coppell Road, guests will view four phases of
early Coppell life and experience craft and skill activities related to each
phase. All ages can experience early activities, such as whittling, writing with
quill pens, making bead bracelets, helping make butter and bread, and
making scarecrow dolls for home gardens.
A big hit with the kids will be the live petting farm that accompanies the
farming theme! There will be wagon rides, free snow cones and computer
stations available for those interested in investigating their ancestry.
Another big hit is sure to be the Grand Re-opening of the Minyard Grocery
Store Museum & Gift Shop. Amazing vintage items will be for sale. Members of
the Minyard family and former Minyard employees will be present around 9:30
am Saturday morning for a formal ribbon cutting to be presided over by
Coppell's Mayor the Honorable Wes Mays.
Page 5City of Coppell, Texas
September 27, 2022City Council Minutes
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
13.
Councilmember Kevin Nevels reminded everyone that The Peanut Butter Drive
is still ongoing, and recognized supporting members and groups. Donations
are being accepted at Metrocrest Social Services located in the City of Farmers
Branch.
Councilmember Brianna Hinojosa-Smith thanked staff for the invitation to
speak at an event for Hispanic Heritage Month at the Dallas Office for TSA and
Homeland Security.
Necessary Action from Executive Session14.
No Executive Session held.
Adjournment15.
There being no further business before the City Council, the meeting was
adjourned at 8:09 p.m.
_________________________
Wes Mays, Mayor
ATTEST:
__________________________
Sara Egan, Deputy City Secretary
Page 6City of Coppell, Texas
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6534
File ID: Type: Status: 2022-6534 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
09/19/2022File Created:
Final Action: Political SignsFile Name:
Title: Consider approval of an Ordinance of the City Council of the City of Coppell,
Texas, by amending the Code of Ordinances, by amending Chapter 6
“Business Regulations’, Article 6-15 ‘Temporary signs’ by repealing Section
6-15-7 ‘Political signs and polling places’ in its entirety and replacing it with a
new Section 6-15-7 ‘Political signs and polling places’, providing a
severability clause; and providing an effective date; and authorizing the Mayor
to sign.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Ordinance.pdf, Exhibit.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6534
Title
Consider approval of an Ordinance of the City Council of the City of Coppell, Texas, by
amending the Code of Ordinances, by amending Chapter 6 “Business Regulations’, Article
6-15 ‘Temporary signs’ by repealing Section 6-15-7 ‘Political signs and polling places’ in its
entirety and replacing it with a new Section 6-15-7 ‘Political signs and polling places’, providing
a severability clause; and providing an effective date; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
None
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6534)
Staff Recommendation:
Staff recommends approval.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To: Mayor and City Council
From: Ashley Owens, City Secretary
Date: October 11, 2022
Reference: Consider approval of an Ordinance of the City of Coppell, Texas, by amending the
Code of Ordinances, by amending Chapter 6 “Business Regulations’, Article 6-15
‘Temporary signs’ by repealing Section 6-15-7 ‘Political signs and polling places’ in
its entirety and replacing it with a new Section 6-15-7 ‘Political signs and polling
places’; and providing an effective date; and authorizing the Mayor to sign.
2040: Sustainable Government
Introduction:
The purpose of this agenda item is to regulate placement of temporary signs specifically political
signs at the polling locations owned by the City. Currently, Town Center is a designated polling
location for Early Voting and Election Day.
Background:
City Council provided direction at the September 13, 2022, regular meeting to move forward with an
ordinance regulating the placement of political signs at polling locations owned by the City. In the
past, installation of large signs requiring driven posts have damaged underground irrigation and
electrical lines. The City has had to pay for all repairs. In addition, placement of such signs has also
limited the sight range of drivers entering and exiting from Town Center onto Parkway Boulevard.
The proposed ordinance amendment would not restrict the placement of the smaller 24” x 18” signs
at Town Center, with the exception of the sight triangles at the corners of Parkway and Stonemeade
(Town Center main drive aisle entry) and areas inside the 100’ perimeter as required by state law.
Benefit to the Community:
Amending this ordinance will assist in maintaining the integrity of Town Center as a property asset
and ensuring safety during high traffic times due to an election.
Legal Review:
2
The City Attorney has reviewed the Ordinance.
Fiscal Impact:
N/A
Recommendation:
The City Secretary’s Office recommends approval of the Ordinance.
Attachments:
1. Ordinance
2. Exhibit
1
TM 131759
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, BY AMENDING THE CODE OF ORDINANCES, AS
HERETOFORE AMENDED, BY AMENDING CHAPTER 6 “BUSINESS
REGULATIONS’, ARTICLE 6-15 ‘TEMPORARY SIGNS’ BY
REPEALING SECTION 6-15-7 ‘POLITICAL SIGNS AND POLLING
PLACES’ IN ITS ENTIRETY AND REPLACING IT WITH A NEW
SECTION 6-15-7 ‘POLITICAL SIGNS AND POLLING PLACES’,
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS
SECTION 1. That the Code Ordinance of the City of Coppell, Texas, as heretofore
amended, be, and the same is hereby amended by amending the Code of Ordinances, Chapter 6,
‘Business Regulations’, Article 6-15 ‘Temporary Signs’ by repealing Section 6-15-7 ‘Political
signs and polling places’ in its entirety and replacing it with a new Section 6-15-7 ‘Political signs
and polling places’ which shall read as follows:
“CHAPTER 6 – BUSINESS REGULATIONS
ARTICLE 6-1. – MASSAGE ESTABLISHMENTS
. . . .
ARTICLE 6-15. – TEMPORARY SIGNS
Sec. 6-15-1. – Purpose
. . . .
Sec. 6-15-7. – Political signs and polling places
1. Definitions.
The following words and phrases as used in this article shall have the meanings as
set forth in this section:
Canvassing shall mean the act by word or conduct to solicit political support or
opposition to a candidate for elective office, to support or oppose a ballot
proposition or political issue.
2
TM 131759
Electioneering shall mean the posting, use, or distribution of political signs or
literature, including the use of tents, chairs, booths, tables or other furniture or
devices to post, use or distribute political signs or literature or other canvassing for
or against a candidate for elective office or proposition.
Polling location(s) as used in this Chapter shall mean the North side of Town
Center as depicted and noted on Fig. 1 during a voting period as authorized by the
state election code.
Political signs shall mean a temporary sign whose message is to support or oppose
a candidate for elective office, or ballot proposition, or in favor or opposition to
otherwise comment on a political issue or legislation.
Voting period shall mean the period each day beginning the hour the polls are open
for voting and ending when the polls close or the last voter has voted, whichever is
later on Election Day and early voting days
2. Political signs:
(A) Political signs are permitted on private property if:
(1) Does not have an effective area greater than 36 square feet;
(2) Is eight feet or less in height;
(3) Is not illuminated; or
(4) Does not have any moving elements.
(B) Except as provided in subsection (3) of this Section, political or electioneering
signs are not permitted to be affix on any public property or right of way or
attached to any building, tree, shrub, pole or other improvement therein.
3. Regulations and Offense at Polling location.
(A) The following regulation offenses apply to electioneering at the polling location
on public property during the voting period subject to the following:
(1) It is an offense for any person to engage in electioneering or canvassing
on traffic portion of any parking lot at the polling location unless
otherwise designed by the local election official. This restriction shall
not apply to electioneering signs that are attached to vehicles that are
lawfully in operation or parked at a lawful designated space at the
polling location.
(2) It is an offense for any person to engage in electioneering or canvassing
within 100 feet of the entry of any polling place during a voting period.
(3) It is an offense for any person to attach, place or otherwise affix any
political or electioneering sign, literature or material to any building,
tree, shrub, pole or other improvement at polling location.
3
TM 131759
(4)It is an offense for any person to place an electioneering sign with a
support element, stake, poles, prong, or element greater than 3/32 of an
inch (3/32”) into any traffic islands adjacent to the driveway portions at
the polling location where there are electric conduit or irrigation
systems.
(5)It is an offense for any person to place an electioneering sign at a polling
location that exceeds 36 square feet and is more than eight feet in height,
including any supporting poles or elements.
(B)In addition to imposing any criminal penalty, electioneering sign(s) located in
violation of this section may be removed and disposed of by the entity in control
of the polling location.
(C)The authority to conduct electioneering and canvassing on public property
under this article is limited to the polling location where the voting is conducted
during the hours that the polls are open for voting.”
SECTION 2. That all provisions of the Code of Ordinance of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, illegal, or invalid, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall
remain in full force and effect.
SECTION 4. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 11th day of
October, 2022.
4
TM 131759
APPROVED:
____________________________________
WES MAYS, MAYOR
ATTEST:
____________________________________
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
Created in Civil3DS:\CAD\In_Design\ENGINEERING DEPARTMENT\dwg\ENGINEERING 2022.dwg\TOWN CENTER ELECTIONCreated on: 6 October 20221 INCH = FT.0707035AREA OF RESERVEDPARKINGAREA OF UNDERGROUNDHIGH VOLTAGE POWERAND IRRIGATION PIPING.NO POSTS DRIVEN INTO GROUND45'x45' SIGHT TRIANGLE.NO SIGNAGE OR OTHEROBSTRUCTIONSAREA OF PERMITTEDON-PREMISEELECTIONEERINGTOWN CENTER BLVD
E PARKWAY BLVDAREA OF PROHIBITEDON-PREMISEELECTIONEERINGTown CenterPolling Location255 E. Parkway BoulevardPermitted On-Premise Electioneering
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6444
File ID: Type: Status: 2022-6444 Agenda Item Agenda Ready
3Version: Reference: In Control: City Council
08/08/2022File Created:
Final Action: Victory Shops PD-301R2-HCFile Name:
Title: Consider approval of an Ordinance for PD-301R2-HC a zoning change
request from PD-301R-HC (Planned Development 301 Revised- Highway
Commercial) to PD-301R2-HC (Planned Development 301-Revision 2-
Highway Commercial) to revise the Concept PD for the overall development
of the site and allow for a combination of retail, restaurant, offices, medical
office, banquet center, and daycare; on approximately 10 lots on 16.766
acres of property located at the on the southeast corner of Belt Line Road and
Dividend Drive; and authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Ordinance.pdf, Exhibit A - Legal
Description.pdf, Exhibit B - Concept Site Plan.pdf,
Exhibit C - Concept Landscape Plan.pdf, Exhibit D -
Elevations & Perspectives.pdf, Exhibit E - Focal
Point.pdf, Exhibit F - Sign Plan.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
2 Close the Public
Hearing and
Approve
09/13/2022City Council
Text of Legislative File 2022-6444
Title
Consider approval of an Ordinance for PD-301R2-HC a zoning change request from
PD-301R-HC (Planned Development 301 Revised- Highway Commercial) to PD-301R2-HC
(Planned Development 301-Revision 2- Highway Commercial) to revise the Concept PD for the
overall development of the site and allow for a combination of retail, restaurant, offices, medical
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6444)
office, banquet center, and daycare; on approximately 10 lots on 16.766 acres of property
located at the on the southeast corner of Belt Line Road and Dividend Drive; and authorizing
the Mayor to sign.
Summary
Fiscal Impact:
N/A
Staff Recommendation:
The Planning Department recommends approval of this ordinance and authorizing the Mayor to
sign it.
Strategic Pillar Icon:
Create Business and Innovation Nodes
Page 2City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 11, 2022
Reference: Consider approval of an Ordinance for PD-301R2-HC a zoning change request from PD-301R-
HC (Planned Development 301 Revised- Highway Commercial) to PD-301R2-HC (Planned
Development 301-Revision 2- Highway Commercial) to revise the Concept PD for the overall
development of the site and allow for a combination of retail, restaurant, offices, medical office ,
banquet center, and daycare; on approximately 10 lots on 16.766 acres of property located at the
on the southeast corner of Belt Line Road and Dividend Drive and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Introduction:
The purpose of this agenda item is to approve an ordinance for a new Conceptual Planned Development for Victory
Coppell, which replaces the previously approved PD for this site that was done by Dave and Buster’s in 2020. This
property is designated as Freeway Special District on the future Land Use Map and the proposed variety of uses
are compatible with the Freeway Special District. This 16.766-acre tract stretches along the east side of Belt Line
Road from Dividend Drive to Hackberry Road and the proposed concept plan identifies 10 lots ranging in size
with a variety of commercial uses. The Concept PD shows an amenitzed linear park area dividing the front half
of the site from the rear half of the site with a path that extends to the Springhill Suites site on Hackberry. All the
pad sites along Belt Line Road with restaurants are proposed to have a drive-through component. The three lots
at the rear of the property are proposed to contain larger buildings, ranging from one to three stories in height.
These pad sites will also have a combination of office, retail and restaurants in addition to a banquet facility and
daycare facility with an outdoor play area. The Victory at Coppell site will contain 10 lots that share common
design elements and materials.
Background:
On August 18, 2022, the Planning and Zoning Commission unanimously recommended approval of PD-301R2-
HC. On September 13, 2022, City Council approved the request, subject to the following conditions:
1. There may be additional comments during the Detail Engineering review.
2. A final plat will be required.
3. A right turn lane be constructed on S. Belt Line Road with this project.
4. PD Conditions:
a. All signage shall comply with City regulations.
b. Plans for the linear park shall require staff approval.
c. The focal point artwork shall require staff approval and shall be in place prior to the issuance of a
CO for the buildings at the rear of the property.
d. A P.O.A. shall be required prior to the filing of the final plat.
e. A Detailed Site Plan shall be required for the development of any of the lots.
f. A Tree Survey and tree mitigation, if any, shall be required at the time of Detail Planned
Development.
g. Daycare shall be allowed and shall not require a circular drive.
2
h.Parking shall be allowed in the front yard as shown.
i.Restaurants with drive throughs shall be allowed as shown on the concept plan.
j.To allow the monument signs as presented.
k.To allow a banquet hall.
5.A traffic signal shall be required at the intersection of Hackberry Road and S. Belt Line Road.
Benefit to the Community:
This project will expand and enhance the community’s access to shopping, restaurants, medical services, daycare,
and offices by offering these services on the 16 + acres of development. These services and amenities will
be spread over 10 lots and will also have access to a linear park with amenities such as benches and art to give
the shopper a more pleasant experience.
Legal Review:
The City Attorney reviewed the ordinance.
Fiscal Impact:
None
Recommendation:
The Planning Department recommends approval of this ordinance and authorizing the Mayor to sign it.
Attachments:
1.Ordinance
2.Exhibit A – Legal Description
3.Exhibit B – Conceptual Site Plan
4.Exhibit C – Conceptual Landscape Plan
5.Exhibit D – Elevations and Perspectives
6.Exhibit E – Focal Point
7.Exhibit F – Sign Plan
TM 131711
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-301R-HC
(PLANNED DEVELOPMENT -301 REVISED-HIGHWAY COMMERCIAL)
TO PD-301R2-HC (PLANNED DEVELOPMENT -301 REVISION 2-
HIGHWAY COMMERCIAL), TO APPROVE A NEW CONCEPTUAL SITE
PLAN FOR 10 BUILDINGS ON APPROXIMATELY 16.766 ACRES OF
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF DIVIDEND
DRIVE AND SOUTH BELT LINE ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE
CONCEPT PLAN, CONCEPT LANDSCAPE PLAN, ELEVATIONS &
BUILDING PERSPECTIVES, FOCAL POINT AND SIGNAGE,
ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, AND “F’
RESPECTIVELY; PROVIDING DEVELOPMENT REGULATIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally, and to all persons interested and situated in the affected area and in
the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-
301R2-HC should be approved, and in the exercise of legislative discretion have concluded that
the Comprehensive Zoning Ordinance and Zoning Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Zoning Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore
amended, be and the same is hereby amended to grant a change in zoning from PD-301R-HC
2
TM 131711
(Planned Development-301 Revised- Highway Commercial) to PD-301R2-HC (Planned
Development-301 Revision 2- Highway Commercial), to provide for those uses allowed in
highway commercial except as provided herein and to establish a New Conceptual Site Plan for 10
buildings on 16.766 acres of land and approve Concept Landscape Plan, Elevations and Building
Perspectives, Focal Point and Signage, located at the southeast corner of Dividend Drive and S.
Belt Line Road, and, being more particularly described in Exhibit “A” attached hereto and made
part hereof for all purposes, subject to the detailed Site Plan and development regulations
provided in this ordinance.
SECTION 2. That the Property will be used, developed and maintained for Highway
Commercial uses and purposes as provided in the Code of Ordinances, and provided herein
subject to the following development regulations:
A. That the property be platted in accordance with the subdivision ordinance and
regulations.
B. Deceleration lanes, sidewalk and a right turn lane shall be constructed on S. Belt
Line Road as described and depicted with the Concept Site Plan and as discussed in
the Developers Agreement.
C. Construction of a traffic control device to provide for traffic control for left turn on
southbound at the S. Belt Line Road at Hackberry Road intersection; and, shall install
for any additional traffic control or calming devices and any other improvements
required by the Traffic Impact Analysis.
D. The development and maintenance of the property shall be in accordance with the
Conceptual Site Plan; Conceptual Landscape Plan; Elevations and Building
Perspectives, Focal Point and Signage, and notes or provisions included therein,
3
TM 131711
which are deemed to be development regulations, attached hereto and made part of
the ordinance.
E. The façade and overall architectural style of the buildings shall have a consistent
theme throughout the Planned Development.
F. PD Conditions:
1. All signage shall comply with City regulations.
2. Plans for the linear park shall require staff approval.
3. The focal point artwork shall require staff approval and shall be in place prior to
the issuance of a CO for the buildings at the rear of the property.
4. A Property Owners Association shall be required prior to the filing of the final
plat which shall provide to fuse and maintenance of all common use elements of
the development.
5. A Detailed Site Plan shall be required for the development of any of the lots.
6. A Tree Survey and tree mitigation, if any, shall be required at the time of Detail
Planned Development.
7. Daycare shall be allowed on the interior eastside of the development Pad Site 8
and shall not require a circular drive.
8. Parking shall be allowed in the front yard as shown of this site generally as
provided in Exhibit B.
9. Restaurants with drive throughs shall be allowed as shown on the concept plan
for Pad Sites 1, 2, 3, 4, 5 and 10.
10. To allow the monument signs as located on Concept Plan and Sign Plan, Exhibits
B and F, respectively.
11. To allow a banquet multi use special event.
G. A Detailed Site Plan shall be required prior to the issuance of any building permits
for the development use and maintenance of the remainder of the Planned
Development.
SECTION 3. That the Concept Plan, Detail Site Plan, Overall and Detail Landscape
Plan, Tree Survey, Elevations & Building Perspectives and Dumpster and Signage Plan, and all
comments and notes set forth therein, attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F” are
made a part hereof for all purposes, and hereby approved as development regulations.
4
TM 131711
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended,
in effect when the offense was committed, and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished
by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
5
TM 131711
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ___________________, 2022.
APPROVED:
_____________________________________
WES MAYS, MAYOR
ATTEST:
_____________________________________
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
ROBERT E. HAGER, CITY ATTORNEY
Page 1 of 1
Exhibit “A”
BEING a tract of land out of the John L. Whitman Survey, Abstract Number 1521, in Dallas County, Texas,
and being that same tract of land described by deed to Beltline Properties, LLC, as recorded under
Document Number 201600361918, Official Public Records, Dallas County, Texas, (O.P.R.D.C.T.), the
subject tract being more particularly described by metes and bounds as follows (bearings are based on
State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD
’83)):
BEGINNING at an “X” cut set in concrete for the westernmost northwest corner of said Beltline
Properties tract and the herein described tract, same being the southwest corner of the south right-of-
way of East Dividend Drive, having a 90.00 foot right-of-way (200900100537);
THENCE North 44 degrees 29 minutes 25 seconds East, with the south right-of-way of said East Dividend
Drive, a distance of 21.22 feet to a 1/2 inch rebar with pink cap stamped, “BARTON CHAPA” set
(hereinafter called “capped rebar set”) for the northernmost northwest corner thereof;
THENCE North 89 degrees 29 minutes 25 seconds East, with the south right-of-way of said East Belt
Dividend Drive, a distance of 605.00 feet to a capped rebar set for the southeast corner thereof, same
being the northeast corner of said Beltline Properties tract;
THENCE South 00 degrees 30 minutes 35 seconds East, with the east line of said Beltline Properties
tract, a distance of 1,019.33 feet to a capped rebar set at the northeast corner of a tract of land
described by deed to Plaza Lodging, LLC, as recorded under Document Number 201600297271,
(O.P.R.D.C.T.);
THENCE South 89 degrees 09 minutes 16 seconds West, with the north line of said Plaza Lodging tract, a
distance of 397.39 feet to a 5/8 inch rebar found for the northwest corner thereof;
THENCE South 00 degrees 50 minutes 40 seconds East, with the west line of said Plaza Lodging tract, a
distance of 437.33 feet to a point for the southeast corner of said Beltline Properties tract, from which a
5/8 inch rebar with cap stamped, “RPLS 4804” found bears South 01 degrees East, a distance of 2.31
feet;
THENCE with the south and west lines of said Beltline Properties tract, the following calls:
1. South 89 degrees 29 minutes 25 seconds West, a distance of 195.18 feet to a capped rebar set;
2. North 45 degrees 30 minutes 35 seconds West, a distance of 42.43 feet to a capped rebar set;
3. North 00 degrees 30 minutes 35 seconds West, a distance of 1,413.97 feet to the POINT OF
BEGINNING and enclosing 16.766 acres (730,325 square feet) of land, more or less.
Exhibit B1 of 1
Exhibit C1 of 1
Exhibit D1 of 8
Exhibit D2 of 8
Exhibit D3 of 8
Exhibit D4 of 8
Exhibit D5 of 8
Exhibit D6 of 8
Exhibit D7 of 8
Exhibit D8 of 8
Exhibit E1 of 7
Exhibit E2 of 7
Exhibit E3 of 7
Exhibit E4 of 7
Exhibit E5 of 7
Exhibit E6 of 7
Exhibit E7 of 7
Exhibit F1 of 5
Exhibit F2 of 5
Exhibit F3 of 5
Exhibit F4 of 5
Exhibit F5 of 5
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6446
File ID: Type: Status: 2022-6446 Agenda Item Agenda Ready
3Version: Reference: In Control: City Council
08/08/2022File Created:
Final Action: Larson Residence & Garage PD-181R3-SF-12File Name:
Title: Consider approval of an Ordinance for case PD-181R3-SF-12, Bethel Road
Estates Addition, Lot 1R, Block 1, a zoning change request from C
(Commercial), R (Retail) and PD-181R2-SF-12 (Planned
Development-181-Revision 2 Single-Family- 12) to PD-181R3-SF-12
(Planned Development-181-Revision 3 Single-Family - 12) to approve a
Detail Site Plan for an existing single-family residence with a 300 square foot
addition and the construction of a 4,000 sf accessory garage structure, and
modification of the front yard fence located on 2.065 acres of land located on
the northside of W. Bethel Road, approximately 325 ft east of Hearthstone
Lane, and authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Ordinance.pdf, Exhibit A - Legal
Description.pdf, Exhibit B - Site Plan.pdf, Exhibit C -
Tree Survey.pdf, Exhibit D - Elevations.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
2 Close the Public
Hearing and
Approve
09/13/2022City Council
Text of Legislative File 2022-6446
Title
Consider approval of an Ordinance for case PD-181R3-SF-12, Bethel Road Estates Addition,
Lot 1R, Block 1, a zoning change request from C (Commercial), R (Retail) and
PD-181R2-SF-12 (Planned Development-181-Revision 2 Single-Family- 12) to
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6446)
PD-181R3-SF-12 (Planned Development-181-Revision 3 Single-Family - 12) to approve a
Detail Site Plan for an existing single-family residence with a 300 square foot addition and the
construction of a 4,000 sf accessory garage structure, and modification of the front yard fence
located on 2.065 acres of land located on the northside of W. Bethel Road, approximately 325
ft east of Hearthstone Lane, and authorizing the Mayor to sign.
Summary
Fiscal Impact:
N/A
Staff Recommendation:
The Community Development Department recommends approval of this ordinance.
Strategic Pillar Icon:
Enhance the Unique 'Community Oasis' Experience
Page 2City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 11, 2022
Reference: Consider approval of an Ordinance for case PD-181R3-SF-12, Bethel Road Estates
Addition, Lot 1R, Block 1, a zoning change request from C (Commercial), R (Retail)
and PD-181R2-SF-12 (Planned Development-181-Revision 2 Single-Family- 12) to
PD-181R3-SF-12 (Planned Development-181-Revision 3 Single-Family - 12) to
approve a Detail Site Plan for an existing single-family residence with a 300 square
foot addition and the construction of a 4,000 sf accessory garage structure, and
modification of the front yard fence located on 2.065 acres of land located on the
northside of W. Bethel Road, approximately 325 ft east of Hearthstone Lane, and
authorizing the Mayor to sign.
2040: Enhance the Unique 'Community Oasis' Experience
Introduction:
The purpose of this agenda item is for Council approval an Ordinance for case PD-181R3-SF-12,
and to authorize the Mayor to sign. On August 18, 2022, this request was recommended for
approval by the Planning and Zoning Commission (4-0). On September 13, 2022, the item
was approved by the Coppell City Council (6-0), subject to the following conditions, which have
been included in the ordinance:
1.There may be additional comments at the time of Building Permit.
2.Building permits shall be required for all proposed buildings, structures, paving and
fences/walls.
3.To allow for a washroom with a kitchenette in the proposed accessory garage structure.
4.To allow the accessory building height to be 30’ as opposed to the maximum 12’ required in
the Zoning Ordinance.
5.To allow an option of either cement plaster or stone on the accessory building to match the
existing home.
6.To allow the stone screening wall within the front yard as previously permitted on the eastern
half of the subject property.
7.To allow grass-crete as an acceptable material for the driveway south of the structure.
8.To prohibit the conversion of the accessory structure into a habitable residence.
2
Background:
In January 2000, City Council approved a request to change the zoning from Commercial to Planned
Development 181-SF-12 to allow the development of 2 residential lots on 3.2 acres of property. The
easternmost half of the subject property was part of that zoning change that contains the current
Larson Residence, built in 2004. The western half of the subject property was purchased by the
Larsons in June 2018. It has a residence and is considered legal non-conforming because it predates
the zoning of the property (Commercial and Retail). This rezoning allows for the combining of the
two properties into one lot, removal the privacy fence currently separating the two properties,
demolition of the home from the western portion and construction of a 4,000 square-foot, 30-foot-
high accessory garage structure in its place. A 300 square foot addition is also planned on the front
of the eastern residence and a sidewalk to connect the residence to the garage and a new driveway for
access. The portion of the driveway on the southside of the structure will be constructed of grass -
crete which will be better for the survival of the 35-caliper inch oak.
The existing fence in the front yard is proposed to be modified from iron to a solid stone and will
match the style of the existing fence on the eastern portion of the property. The fence will be stepped
back to align with existing fence to the west and will be stepped back at the new pedestrian gate area
proposed to be added along Bethel Road. A driveway gate will be rebuilt at the existing driveway
this will be setback 21.5 feet from the front property line; enough room for a vehicle to pull off the
road and wait while it opens into the site.
Benefit to the Community:
Allows an existing homeowner to expand their property and build a detached accessory garage
structure, expand their existing home, and modify a screening wall on the front western portion of the
property to match the existing wall on the east portion.
Legal Review:
The City Attorney drafted the ordinance.
Fiscal Impact:
None
Recommendation:
The Community Development Department recommends approval of this ordinance.
CITY OF COPPELL ORDINANCE TM131621
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM C (COMMERCIAL), R
(RETAIL) AND PD-181R2-SF-12 (PLANNED DEVELOPMENT 181-
REVISION 2 - SINGLE-FAMILY-12) TO PD-181R3-SF-12 (PLANNED
DEVELOPMENT-181-REVISION 3 SINGLE-FAMILY - 12) TO APPROVE
A DETAIL SITE PLAN FOR AN EXISTING SINGLE-FAMILY
RESIDENCE WITH A 300 SQUARE FOOT ADDITION, THE
CONSTRUCTION OF A 4,000 SQUARE FOOT ACCESSORY GARAGE
STRUCTURE, AND MODIFICATION OF THE FRONT YARD FENCE ON
2.065 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF WEST
BETHEL ROAD, 325 FEET EAST OF HEARTHSTONE LANE (LOT 1R,
BLOCK 1, BETHEL ROAD ESTATES), AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF
THE DETAIL SITE PLAN; TREE SURVEY; AND BUILDING
ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C” AND “D”
RESPECTIVELY; PROVIDING FOR DEVELOPMENT REGULATIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication
and otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally, and to all persons interested and situated in the affected area and in the vicinity
thereof, the said governing body is of the opinion that Zoning Application No. PD-250R26-H should
be approved, and in the exercise of legislative discretion have concluded that the Comprehensive
Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell zoning change from C
(Commercial), R (Retail) and PD-181R2-SF-12 (Planned Development 181- Revision 2 - Single-
CITY OF COPPELL ORDINANCE TM131621
Family-12) to PD-181R3-SF-12 (Planned Development-181-Revision 3 Single-Family - 12), to
approve a Detail Site Plan for an existing single-family residence with a 300 square foot addition,
the construction of a 4,000 square foot accessory garage structure, and modification of the front
yard fence on 2.065 acres of land, located on the north side of West Bethel Road, 325 feet east of
Hearthstone Lane (Lot 1R, Block 1, Bethel Road Estates), and being more particularly described in
Exhibit “A” attached hereto and made a part hereof for all purposes;
SECTION 2. That Planned Development-181-Revision 3 Single-Family – 12 shall be
used and developed in accordance with the Single Family-12 Regulations, except as provided
herein and subject to the following development regulations:
A) Except as amended herein and as provided in this Ordinance, the property shall
be developed and used as provided herein in accordance with SF-12, Single
Family-12 District, as codified in Chapter 12, Article 11 of the Coppell Code
of Ordinances.
B) Except as amended herein and as provided in this Ordinance, the property shall
be developed and used as provided herein in accordance as set forth in PD-
181R2- SF-12, Ordinance No. 91500-A-533, which are incorporated herein as
set forth in full and hereby republished and the exhibits attached hereto.
C) Building permits shall be required for all proposed buildings, structures, paving
and fences/walls.
D) A washroom with a kitchenette shall be allowed in the proposed accessory garage
structure.
E) The accessory building height shall be a maximum of 30 feet (measured to the
peak) as opposed to the maximum 12’ required in the Zoning Ordinance.
CITY OF COPPELL ORDINANCE TM131621
F) An option of either cement plaster or stone on the accessory building will be
allowed to match the existing home.
G) A stone screening shall be constructed at the property line adjacent to Bethel Road;
height not to exceed 7’ ± from existing grade with ten-foot (10’) columns and an
eleven-foot (11’) Pedestrian Gate with decorative metal elements as depicted on
Exhibit B. The masonry elements to said screening wall shall match the materials
of a similar wall at 280 West Bethal Road.
H) Sustainable permeable parking surface such as Grass-crete shall be allowed as an
acceptable material for the driveway south of the structure.
I) The conversion or use of the accessory structure shall not be used as dwelling unit
and may not provide habitable residence for human occupancy.
SECTION 3. In addition, the Detail Site Plan, Tree Survey and Building Elevations set forth
therein, are hereby adopted, attached hereto as Exhibits “B”, “C” and “D”, respectively, as
development regulations; and, the Property shall be redeveloped, used and maintained in accordance
with said Exhibits as adopted herein as development regulations.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
CITY OF COPPELL ORDINANCE TM131621
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided
to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand and No/100 Dollars ($2,000.00) for each offense; and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2022
APPROVED:
_________________________________________
Wes Mays, Mayor
ATTEST:
_________________________________________
ASHLEY OWENS, City Secretary
CITY OF COPPELL ORDINANCE TM131621
APPROVED AS TO FORM:
_______________________________________
ROBERT E. HAGER, City Attorney
\\COCFS1\Central\P&ZSTF\2022 Staff Reports\08 - Larson PD (PD22-07-000633)\Ordinance\Bethel Road Estates, Lot 1R, Blk 1 -
Legal Description.doc
LEGAL DESCRIPTION
BEING 2.065 acres of land situated in the JAMES W. ANDERSON SURVEY, Abstract No.
18,City of Coppell, Dallas County, Texas, and being comprised of all of Lot 1, Block 1, BETHEL
ROAD ESTATES, an addition to the City of Coppell, Dallas County, Texas, according to the plat
thereof recorded in Volume 2000134, Page 2875, of the Deed Records of Dallas County, Texas,
and all of Tracts 1 & 2, identified in the deed to Raymond S. Larson and wife, Virginia C. Larson,
recorded in Instrument No. 201800155282, of the Official Public Records of Dallas County,
Texas.
BEGINNING at a ½” iron rod marked “Brittain & Crawford” set at the Southeast corner of said
Lot 1, Block 1, Bethel Road Estates and the Southwest corner of Lot 2R, Block 1, Bethel Road
Estates, an addition to the City of Coppell, Dallas County, Texas, according to the plat recorded
in Instrument No. 201000150695, of the Official Public Records of Dallas County, Texas, and
said POINT OF BEGINNING lying in the North right-of-way line of Bethel Road (a variable width
public right-of-way);
THENCE along the South boundary line of said Lot 1 and the South boundary line of said
Tracts 1 & 2, and the North right-of-way line of said Bethel Road, as follows:
1. S 89° 42’ 02” W 130.01 feet, to a ½” iron rod found at the Southwest corner of said
Lot 1, and said point lying in the East boundary line of said Tract 1;
2. S 01° 01’ 20” W 7.35 feet, to a ½” iron rod marked “Brittain & Crawford” set at the
Southeast corner of said Tract 1;
3. N 89° 59’ 26” W 270.02 feet, to a ½” iron rod marked “Brittain & Crawford” set at
the Southwest corner of said Tract 2;
THENCE N 00° 54’ 15” E 5.1 feet, passing the Southeast corner of Lot 1R, Block 1,
Bethel Road Estates, Phase II, an addition to the City of Coppell, Dallas County, Texas,
according to the plat recorded in Volume 2001044, Page 3710, of the Official Public
Records of Dallas County, Texas, and continuing in all 223.32 feet, along the West
boundary line of said Tract 2, to a ½” iron rod found at the Northeast corner of said Lot 1R
and the Northwest corner of said Tract 2, and said point lying in the Southwest boundary
line of Lot 9R, Block 1, Big Cedar Addition, to the City of Coppell, Dallas County, Texas,
according to the plat recorded in Volume 95226, Page 2280, of the Deed Records of Dallas
County, Texas;
THENCE along the North boundary line of said Tract 2 and the North boundary line of the
aforesaid Lot 1, Block 1, Bethel Road Estates, and the South boundary lines of said Lot 9R,
and Lot 8R, of said Block 1, Big Cedar Addition, and the Southeast boundary lines of Lots 6
and 7, Block 1, Big Cedar Addition, to the City of Coppell, Dallas County, Texas, according
to the plat recorded in Volume 92125, Page 33455, of the Deed Records of Dallas County,
Texas, as follows:
1. S 54° 09’ 16” E 78.70 feet, to a ⅝” iron rod found at the South corner of said Lot
8R;
2. N 84° 45’ 17” E 160.67 feet, to a ½” iron rod marked “Brittain & Crawford” set;
3. N 46° 59’ 16” E 190.23 feet, to a ½” iron rod found at the East corner of said Lot 7,
Block 1, Big Cedar Addition, and the South corner of Lot 6, Block 1, of said Big
Cedar Addition;
4. N 42° 16’ 43” E 59.00 feet, to a ½” iron rod marked “Brittain & Crawford” set at the
North corner of said Lot 1, Block 1, Bethel Road Estates, and the Northwest corner
of the aforesaid Lot 2R, Block 1, Bethel Road Estates;
THENCE S 00° 57’ 15” W 357.38 feet, along the East boundary line of said Lot 1,
Block 1, Bethel Road Estates and the West boundary line of said Lot 2R, Block 1, bethel
Road Estates, to the POINT OF BEGINNING containing 2.065 acres (89,948 square feet) of
land.
A1.0 LARSON RESIDENCESite Plan Scale: 1" = 20'01Site DataPlanned Development Conditions495' ELEVATIONFLOOD LINE495' ELEVATIONFLOOD LINE100-YEAR FLOOD LINESCALED FROM FEMAFIRMN84°45' 17"E 160.70'N
4
6
°
5
9
'
1
6
"
E
1
9
0
.
2
3
'N89° 59' 26" W 270.02'N00° 54'15" E 223.32'S 54D 09' 16" E78.70'N
4
2
°
1
6
'
4
3
"
E
5
9
.
0
0
'
S 00° 57'15" W 357.38'S89° 42' 02" W 130.02'S 01° 01' 20" W 7.35'
TS1.0 LARSON RESIDENCEBENCHMARK #1:SQUARE "X" CUTELEV=507.21504.8505.9507.2507.2505.6504.2504.2505.2504.7503.7502.5BENCHMARK #1:SQUARE "X" CUTELEV=507.21504.7503.4497.5TP504.94TP505.13T
P
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3TC507.15G 506.80TC507.75G 507.30TC506.66G 506.24TC505.58G 505.14TC504.58G 504.09TC
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STONE RETAININGWALL (TYP.)N84°45' 17"E 160.70'N
4
6
°
5
9
'
1
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"
E
1
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'
S01°30'37"W 114.74'
S00°55'16"W 114.47'N89° 59' 26" W 270.02'N00° 54'15" E 223.32'S 54D 09' 16" E78.70'CHAIN LINK FENCEWOODEN FENCEONE STORY STONEBUILDINGADDRESS246 BETHEL RDBETHEL ROAD ESTATES PH 2LOT 1R, BLOCK 1VOL. 2003252, PG. 111EDDIE & REBECCA BROWNINST. 201500122351BIG CEDAR ADDITIONVOL. 95226, PG. 2280BLOCK 1LOT 8RLAURA BARNETTINST. 2002023511LOT 9RDAVID & APRIL TERRYINST. 201000276998PART OFTRACT 1RAYMOND & VIRGINIA LARSONINST. 201800155282TRACT 2RAYMOND & VIRGINIA LARSONINST. 201800155282BETHEL ROAD(50'-R.O.W.)505502503504506507499498497496494493492491489490488487485484483482502503504505506507503504
505
506507 STONE TABLEWROUGHT IRONFENCECOLUMN(TYP.)14.3'13.1
'12.1'7.8'11.5'32.6'20.5'11.5'12'6.8'13.6'5.5'
5.7'18.8'13.7'55.5'
4.3'
5.2'60.8'46.8'ONE STORY STONEBUILDINGPARK ROAD
WOODEN FENCE12" PVCZONE "X"ZONE "X"60.1'LOT 118,727 SQ. FT.0.430 ACRESLOT 231,926 SQ. FT.0.733 ACRES100.00'169.98'36.44'124.26'495485490495500483484486487488489491492493494496497498499501485490495483484486487488489491492493494496497498WOOD RETAININGWALL (TYP.)495' ELEVATIONFLOOD LINE495' ELEVATIONFLOOD LINE100-YEAR FLOOD LINESCALED FROM FEMAFIRMAPPROXIMATE LOCATIONEROSION HAZARD SETBACKPER CITY ORDINANCEOVERALL50,653 SQ. FT.1.163 ACRESN
4
2
°
1
6
'
4
3
"
E
5
9
.
0
0
'
S 00° 57'15" W 357.38'S89° 42' 02" W 130.02'S 01° 01' 20" W 7.35'Tree SurveyScale: 1" = 20'01Tree TablePoint #4000040001400024000340004400054000640007400084000940010400114001240013400144001540016400174001840019400204002140023Description24" OAK24" OAK28" OAK10" OAK10" OAK14" OAK16" OAK6" OAK10" CEDAR6" CEDAR14" OAK14" OAK24" OAK12" OAK6" OAK6" PECAN12" OAK12" CEDAR8" PECAN10" OAK18" OAK12" OAK8" CREPE MYRTLETree TablePoint #4002440025400344003540065400664006740068400694007040071400724016440165401664016740168401694017040171402854028640287Description8" CREPE MYRTLE8" CREPE MYRTLE20" OAK32" OAK6" CEDAR8" CEDAR8" OAK20" OAK14" PECAN36" COTTON8" OAK16" OAK6" ELM8" ELM8" ELM8" ELM20" OAK20" OAK8" ELM8" ELM30" OAK16" OAK12" PECANTree TablePoint #402884028940290402914029240293402944029540296402974029840299403004030140303501125011550117501185011950120Description12" ELM14" OAK14" OAK6" OAK10" OAK14" OAK12" ELM12" ELM20" OAK6" OAK6" OAK6" OAK18" OAK18" CEDAR32" OAK24" RED OAK14" LIVE OAK12" RED OAK2-8" RED OAK36" RED OAK36" RED OAKBENCHMARK #1:SQUARE "X" CUTELEV=507.21504.8505.9507.2507.2505.6504.2504.2505.2504.7503.7502.5BENCHMARK #1:SQUARE "X" CUTELEV=507.21504.7503.4497.5TP504.94TP505.13TP504.92T
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3TP504.60489.7489.4489.1489.3496.1495.8492.8493.3TP502.24TP503.00TP502.85TP504.20TP504.02TP503.65TP503.38TP503.43TC507.15G 506.80TC507.75G 507.30TC506.66G 506.24TC505.58G 505.14TC504.58G 504.09TC 503.09G 502.65TC506.04G 505.52TC507.45G 507.06TC507.58G 507.14CHAIN LINK FENCECHAIN LINK FENCE
STONE RETAININGWALL (TYP.)N84°45' 17"E 160.70'N4
6
°
5
9
'
1
6
"
E
1
9
0
.
2
3
'
S01°30'37"W 114.74'
S00°55'16"W 114.47'N89° 59' 26" W 270.02'N00° 54'15" E 223.32'S 54D 09' 16" E78.70'CHAIN LINK FENCEWOODEN FENCEONE STORY STONEBUILDINGADDRESS246 BETHEL RDBETHEL ROAD ESTATES PH 2LOT 1R, BLOCK 1VOL. 2003252, PG. 111EDDIE & REBECCA BROWNINST. 201500122351BIG CEDAR ADDITIONVOL. 95226, PG. 2280BLOCK 1LOT 8RLAURA BARNETTINST. 2002023511LOT 9RDAVID & APRIL TERRYINST. 201000276998PART OFTRACT 1RAYMOND & VIRGINIA LARSONINST. 201800155282TRACT 2RAYMOND & VIRGINIA LARSONINST. 201800155282BETHEL ROAD(50'-R.O.W.)505502503504506507499498497496494493492491489490488487485484483482502503504505506507503504
505
506507 STONE TABLEWROUGHT IRONFENCECOLUMN(TYP.)14.3'13.1
'12.1'7.8'11.5'32.6'20.5'11.5'12'6.8'13.6'5.5'
5.7'18.8'13.7'55.5'
4.3'
5.2'60.8'46.8'ONE STORY STONEBUILDINGPARK ROAD
WOODEN FENCE12" PVCZONE "X"ZONE "X"60.1'LOT 118,727 SQ. FT.0.430 ACRESLOT 231,926 SQ. FT.0.733 ACRES100.00'169.98'36.44'124.26'495485490495500483484486487488489491492493494496497498499501485490495483484486487488489491492493494496497498WOOD RETAININGWALL (TYP.)495' ELEVATIONFLOOD LINE495' ELEVATIONFLOOD LINE100-YEAR FLOOD LINESCALED FROM FEMAFIRMAPPROXIMATE LOCATIONEROSION HAZARD SETBACKPER CITY ORDINANCEOVERALL50,653 SQ. FT.1.163 ACRESS 00° 57'15" W 357.38'S89° 42' 02" W 130.02'S 01° 01' 20" W 7.35'BENCHMARK #1:SQUARE "X" CUTELEV=507.21504.8505.9507.2507.2505.6504.2504.2505.2504.7503.7502.5BENCHMARK #1:SQUARE "X" CUTELEV=507.21504.7503.4497.5TP504.94TP505.13T
P
5
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9
2TP505.00TP504.91TP504.58503.3501.7505.7504.7TP505.00TP503.91TP503.81TP504.03TP504.60489.7489.4489.1489.3496.1495.8492.8493.3TP502.24TP503.00TP502.85TP504.20TP504.02TP503.65TP503.38TP503.43TC507.15G 506.80TC507.75G 507.30TC506.66G 506.24TC505.58G 505.14TC504.58G 504.09TC 503.09G 502.65TC506.04G 505.52TC507.45G 507.06TC507.58G 507.14CHAIN LINK FENCECHAIN LINK FENCE
STONE RETAININGWALL (TYP.)N84°45' 17"E 160.70'N4
6
°
5
9
'
1
6
"
E
1
9
0
.
2
3
'
S01°30'37"W 114.74'
S00°55'16"W 114.47'N89° 59' 26" W 270.02'N00° 54'15" E 223.32'S 54D 09' 16" E78.70'CHAIN LINK FENCEWOODEN FENCEONE STORY STONEBUILDINGADDRESS246 BETHEL RDBETHEL ROAD ESTATES PH 2LOT 1R, BLOCK 1VOL. 2003252, PG. 111EDDIE & REBECCA BROWNINST. 201500122351BIG CEDAR ADDITIONVOL. 95226, PG. 2280BLOCK 1LOT 8RLAURA BARNETTINST. 2002023511LOT 9RDAVID & APRIL TERRYINST. 201000276998PART OFTRACT 1RAYMOND & VIRGINIA LARSONINST. 201800155282TRACT 2RAYMOND & VIRGINIA LARSONINST. 201800155282BETHEL ROAD(50'-R.O.W.)50550250350450
6507
499498497496494493492491489490488487485484483482502503504505506507503504
505
506507 STONE TABLEWROUGHT IRONFENCECOLUMN(TYP.)14.3'13.1
'12.1'7.8'11.5'32.6'20.5'11.5'12'6.8'13.6'5.5'
5.7'18.8'13.7'55.5'
4.3'
5.2'60.8'46.8'ONE STORY STONEBUILDINGPARK ROAD
WOODEN FENCE12" PVCZONE "X"ZONE "X"60.1'LOT 118,727 SQ. FT.0.430 ACRESLOT 231,926 SQ. FT.0.733 ACRES100.00'169.98'36.44'124.26'495485490495500483484486487488489491492493494496497498499501485490495483484486487488489491492493494496497498WOOD RETAININGWALL (TYP.)495' ELEVATIONFLOOD LINE495' ELEVATIONFLOOD LINE100-YEAR FLOOD LINESCALED FROM FEMAFIRMAPPROXIMATE LOCATIONEROSION HAZARD SETBACKPER CITY ORDINANCEOVERALL50,653 SQ. FT.1.163 ACRESS 00° 57'15" W 357.38'S89° 42' 02" W 130.02'S 01° 01' 20" W 7.35'
A3.0 LARSON RESIDENCESouth Elevation Scale: 1/4" = 1'-0"01East Elevation Scale: 1/4" = 1'-0"03West ElevationScale: 1/4" = 1'-0"04North Elevation Scale: 1/4" = 1'-0"02Existing Wall Existing Gate Existing Cement Plaster Existing Roof TilesExisting WallExisting Home
A3.1 LARSON RESIDENCEWest Elevation AlternateScale: 1/8" = 1'-0"02South Elevation AlternateScale: 1/4" = 1'-0"04South Elevation AlternateScale: 1/4" = 1'-0"03East Elevation AlternateScale: 1/8" = 1'-0"01
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6541
File ID: Type: Status: 2022-6541 Agenda Item Agenda Ready
1Version: Reference: In Control: Fire
09/26/2022File Created:
Final Action: 2022 Disaster Debris MonitoringFile Name:
Title: Consider approval of two agreements for disaster debris monitoring and
consulting services to be provided by DebrisTech, LLC as the primary
vendor, and True North Emergency Management, LLC as the secondary
vendor; and authorizing the City Manager to sign any necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Debris Tech Agreement.pdf, True North
LLC Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6541
Title
Consider approval of two agreements for disaster debris monitoring and consulting services to
be provided by DebrisTech, LLC as the primary vendor, and True North Emergency
Management, LLC as the secondary vendor; and authorizing the City Manager to sign any
necessary documents.
Summary
See attached Staff Memo.
Fiscal Impact:
There is no up-front financial impact. These are stand-by agreements that will only be activated
when needed. There is no annual retainer for these services. Once activated, the cost would
depend on the duration of the activation and the scope of the response needed.
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6541)
Staff Recommendation:
Staff recommends City Council approval of a resolution authorizing the City Manager to execute
agreements for disaster debris monitoring and consulting services with DebrisTech, LLC. as
the primary vendor and True North Emergency Management, LLC as the secondary vendor.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 10/7/2022
1
To:
From:
Date:
Reference:
2040:
MEMORANDUM
Mayor and City Council
Kevin Richardson, Fire Chief
Jennifer Bettis, Emergency Management Coordinator
October 11, 2022
Consider approval of two Agreements for disaster debris monitoring and consulting
services to be provided by DebrisTech, LLC as the primary vendor, and True North
Emergency Management, LLC as the secondary vendor; and authorizing the City
Manager to sign any necessary documents.
Pillar 0: Sustainable City Government
Introduction:
The purpose of this agenda item is to authorize the signing of disaster debris monitoring agreements
with a primary vendor and secondary vendor. In order to satisfy the Federal Emergency Management
Agency (FEMA) requirements in the event of a major debris producing event, the City must have
both a debris hauling vendor and a non-affiliated monitoring vendor. The approval of these
agreements will allow the City, residents, and businesses to quickly recover from debris-producing
events that exceed the capabilities of the City’s solid waste hauler. Having such agreements will also
allow the City to potentially recover funds in a federally declared disaster. Failure to properly monitor
debris removal operations may jeopardize FEMA funding.
Background:
In order for the City to quickly recover from disasters that generate debris that exceeds the ability of
the City’s solid waste hauler to manage, FEMA recommends the City have in place stand-by
agreements pre-approved for both disaster debris monitoring and debris hauling. These two pre-
approved agreements are required for the City to have a FEMA-approved Debris Management Plan.
Having such a plan will allow the City to potentially recover a higher percentage of funds in the event
of a federally-declared disaster. Coppell currently has a Debris Management Plan but lacks pre-
approved agreements for a debris monitor and a debris hauler.
To address this gap and ensure the ability to work efficiently across borders during an event, Addison,
Carrollton, Coppell, and Farmers Branch (the Quad Cities) agreed to collectively secure agreements
for debris monitoring and debris hauling services that can be activated after an event.
The Town of Addison took the lead in issuing the monitoring Request for Proposal (RFP). A
competitively bid RFP for the Quad Cities Debris Monitoring Agreement was posted on April 3, 2019
2
and closed on April 25, 2019. DebrisTech, LLC, True North Emergency Management, LLC, and Witt
O'Brien's, LLC submitted proposals. Witt O'Brien's, LLC was not scored as they fail ed to submit
pricing in their proposal. DebrisTech, LLC and True North Emergency Management, LLC were
interviewed by staff from the Quad Cities, and the Quad Cities agreed upon DebrisTech, LLC as the
primary vendor for the debris monitoring service and True North Emergency Management, LLC as
the secondary vendor.
Each of the Quad Cities is now taking the debris monitoring agreements to their respective City
Councils for approval. Once accomplished, staff will collaborate with the vendor to issue the debris
hauling RFP.
Benefit to the Community:
The City’s ability to recover after a significant disaster depends in large part on how quickly and
effectively debris can be cleared and disposed of. This allows for emergency services to respond and
allows citizens and businesses to begin rebuilding sooner. In order for the City to qualify for potential
FEMA disaster assistance, specific protocols and requirements for debris monitoring and clearance
must be followed. This monitoring agreement, along with the accompanying hauling agreement, is
part of the requirement for having a FEMA-approved Debris Management Plan and is necessary for
the City to potentially recover additional monies during a federally-declared disaster.
Legal Review:
This agenda item and documents was reviewed and approved by the City Attroney.
Fiscal Impact:
There is no up-front financial impact. These are stand-by agreements that will only be activated when
needed. There is no annual retainer for these services. Once activated, the cost would depend on the
duration of the activation and the scope of the response needed.
Recommendation:
The Fire Department recommends City Council approval of two agreements for disaster debris
monitoring and consulting services to be provided by DebrisTech, LLC as the primary vendor, and
True North Emergency Management, LLC as the secondary vendor; and authorizing the City
Manager to sign any necessary documents.
PAGE 1 DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND CITY OF
COPPELL, TEXAS
DISASTER DEBRIS MONITORING SERVICES AGREEMENT
THIS DISASTER DEBRIS MONITORING SERVICES AGREEMENT (the
“Agreement”) is made and entered into as of the Effective Date by and between the CITY OF
COPPELL, TEXAS (“City”), a Texas home rule municipality and DEBRISTECH, LLC, a
Mississippi limited liability company (“Contractor”). City and Contractor are hereafter referred to
collectively as “the Parties” and individually as “Party.”
RECITALS
WHEREAS City desires to engage Contractor to perform certain Contractor Services (as
hereinafter defined) and Contractor desires to perform such Contractor Services, all on the terms
and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the premises, the mutual covenants and
agreements contained herein, and other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. Duties of Contractor. As of the Effective Date, Contractor agrees to supply
personnel as specifically requested in writing by City to perform the services described in Exhibit
A attached hereto and incorporated herein by reference (collectively, the “Contractor Services”).
2. Independent Contractor Relationship. Contractor is an independent contractor and
is solely responsible for all taxes, withholdings, and other similar statutory obligations in
connection with the personnel supplied and services provided by Contractor pursuant to this
Agreement, including, but not limited to, workers’ compensation insurance and unemployment
insurance. Nothing in this Agreement shall be deemed to create an agency, partnership, or joint
venture between the Parties, nor shall this Agreement be interpreted or construed as creating or
establishing the relationship of employer and employee between City and Contractor. Neither
Party has the authority to act on behalf of or to enter into any contract, incur any liability or make
any representation on behalf the other Party. It is expressly understood that Contractor is an
independent contractor in every respect.
3. No Exclusive Duty. Contractor shall devote sufficient time, attention, personnel
and other resources to perform the Contractor Services, provided, however, Contractor shall not
be required to perform work exclusively for City, and Contractor may have other business interests
and engage in other activities in addition to those relating to City.
4. Term. The term of this Agreement shall commence on the Effective Date and
terminate on October 31, 2023, subject to the provisions of Sections 1 and 2 of “Special Terms and
Conditions of the Contract” (the “Initial Term”). Upon expiration of the Initial Term, this
Agreement shall continue for (4) additional periods of one year commencing on November 1st
PAGE 2 DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND CITY OF
COPPELL, TEXAS
(Each being a “Renewal Period”, the first Renewal Period commencing on November 1, 2024) as
set forth in Section 5 below or otherwise extended pursuant to mutually agreeable written terms.
5. Termination. Either Party shall have the right to terminate this Agreement
immediately upon written notice thereof to the other Party, if such other Party breaches any of the
material terms of this Agreement or fails to perform or observe any of its material obligations
hereunder, and such breach or failure is not cured within a period of thirty (30) days after the
receipt by such Party of written notice of such breach or failure specifying the nature of the breach
or failure. Either Party may terminate this Agreement without cause and at any time for any reason
without any further obligation to the other Party by providing the other Party written notice not
less than thirty (30) days prior to the date of termination. In the event of termination in accordance
with this Section 5, City shall pay Contractor for the Contractor Services rendered in accordance
with the provisions of this Agreement (as set forth in Section 6 of this Agreement) through the
effective termination date and City shall be liable for the same until such amounts are fully and
finally settled.
6. Compensation.
(a) City will pay Contractor an hourly rate for the personnel provided by
Contractor pursuant to the payment schedule attached hereto as Exhibit B and incorporated
herein by reference (“Payment Schedule”). For each hour of services provided by any
Contractor personnel in excess of forty (40) hours per week, City will pay Contractor at
one and one-half times (1.5x) the hourly rate on the Payment Schedule. Contractor agrees
to track the number of hours worked each week and to provide invoices for services
rendered to City on a weekly basis. Payment shall be due from City to Contractor not later
than thirty (30) days after receipt of the invoice by City. For any amounts more than sixty
(60) days overdue, Contractor shall have the right to suspend the provision of Contractor
Services until such payment is received. In no event shall the amount payable under this
Agreement exceed $1,000,000 (the “Cap”). If Contractor performs services such that the
amount payable under this Agreement reaches the Cap, this Agreement shall automatically
terminate unless the Parties agree to amend this Agreement to increase the amount of the
Cap. The amounts set forth in the Payment Schedule shall not be amended during the term
of the Agreement, inclusive of all Renewal Periods.
(b) When the Contractor Services provided by Contractor are related to a joint
disaster that has occurred within the corporate limits of more than one of the MQC cities
(as identified in the Scope of Services), City shall only be responsible for payment of
Contactor Services relating to disaster monitoring and consulting within City’s corporate
limits.
7. Taxes. Contractor shall be solely responsible for the payment of all taxes and/or
assessments imposed on the payments of compensation for the performance of services outlined
herein, including, without limitation, any unemployment insurance or tax, self-employment tax,
federal, state and foreign income taxes, and any federal social security payment or similar taxes
(and Contractor shall provide evidence to City, upon City’s request, that such have been paid).
PAGE 3 DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND CITY OF
COPPELL, TEXAS
Notwithstanding anything to the contrary herein, City may withhold from any amounts payable
under this Agreement such federal, state, local or foreign taxes as shall be required to be withheld
pursuant to any applicable law or regulation; provided, however, that City shall provide Contractor
with written substantiation of withholding and remittance of such taxes upon Contractor’s request.
8. No Breach. Each Party hereby represents and warrants to the other Party that: (a) it
has all right, power and authority to grant the rights granted herein and to perform all of its
obligations hereunder; (b) by entering into this Agreement and performing the obligations herein,
it will not breach or violate any agreement, charter, instrument or other document to which it is a
party or otherwise bound; and (c) it is currently in compliance and, throughout the term of this
Agreement, it shall comply, in all material respects, with all applicable laws, rules and regulations.
9. Insurance.
(a) Contractor shall during the term of this Agreement maintain in full force
and effect the following insurance:
(i) A commercial general liability policy of insurance for bodily injury,
death and property damage insuring against all claims, demands or actions relating
to the Contractor's performance of services pursuant to this Agreement with a
minimum combined single limit of not less than $1,000,000.00 per occurrence and
$2,000,000 in the aggregate for injury to persons (including death), and for property
damage;
(ii) A policy of automobile liability insurance covering any vehicles
owned and/or operated by Contractor, its officers, agents, and employees, and used
in the performance of this Agreement with policy limits of not less than
$1,000,000.00 combined single limit and aggregate for bodily injury and property
damage;
(iii) Statutory Worker's Compensation Insurance at the statutory limits
and employers Liability covering all of Contractor's employees involved in the
provision of Contractor Services under this Agreement with policy limit of not less
than $1,000,000.00, and
(iv) Professional Liability/Errors and Omissions coverage covering
negligent acts, errors and omissions in the performance of professional services
with policy limit of not less than $1,000,000.00.
(v) All insurance and certificate(s) of insurance shall contain the following
provisions:
PAGE 4 DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND CITY OF
COPPELL, TEXAS
(vi) Name City as additional insured as to all applicable coverage with
the exception of Workers Compensation Insurance and Professional
Liability/Errors and Omissions coverage.
(vii) Provide for at least thirty (30) days prior written notice to City for
cancellation or non-renewal of the insurance; and
(viii) provide for a waiver of subrogation against City for injuries,
including death, property damage, or any other loss to the extent the same is covered
by the proceeds of insurance, except for Professional Liability/Errors and
Omissions coverage. Contractor shall provide written notice to City of any change
in the coverage amounts to the insurance required herein.
(b) 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.
(c) A certificate of insurance evidencing the required insurance and all
endorsements shall be submitted prior to commencement of services, and upon request by
City.
10. Indemnification for Injury and Performance. City shall not be liable for any loss,
damage, or injury of any kind or character to any person or property arising from the
services of Contractor pursuant to this Agreement. Contractor hereby waives all claims
against City, its officers and employees (collectively referred to in this section as "City") for
damage to any property or injury to, or death of, any person arising at any time and from
any cause other than the negligence or willful misconduct of City or breach of City's
obligations hereunder. Contractor agrees to defend, indemnify and hold harmless City from
any damages (including court costs and reasonable attorneys' fees) and actions of any kind
by reason of injury to or death of any person or damage to or loss of property to the extent
caused by Contractor’s willful misconduct or the negligent performance of services under
this Agreement or by reason of any negligent act or omission on the part of Contractor, its
officers, directors, employees, contractor, successors or permitted assigns (except when such
liability, claims, suits, costs, injuries, deaths or damages arise from or are attributed to
negligence of City, in whole or in part, in which case Contractor shall indemnify City only to
the extent or proportion of negligence attributed to Contractor. Contractor's obligations
under this Section 10 shall not be limited to the limits of coverage of insurance maintained
or required to be maintained by Contractor under this Agreement. This provision shall
survive the termination of this Agreement.
11. Assignment. This Agreement shall not be assigned, in whole or in part, by
Contractor without the prior written consent of City, which shall not be unreasonably withheld.
12. Compliance with Certain Federal Laws. Contractor shall at all times comply with
all applicable provisions of:
PAGE 5 DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND CITY OF
COPPELL, TEXAS
seq.);
(a) The Solid Waste Disposal Act of 1965, as amended (42 USCA § 6901, et
(b) The Contract Work Hours and Safety Standards Act, as amended (40
United States Code, Chapter 37);
(c) The Clean Air Act, as amended (42 U.S.C. §7401, et seq.);
(d) The Federal Water Pollution Control Act (Clean Water Act), as amended
(33 U.S.C. § 1251 et seq.);
(e) The Energy Policy and Conservation Act, as amended (42 U.S.C.A § 6201
et seq.); and
(f) The Byrd Anti-Lobbying Amendment (42 U.S.C. § 1352, et seq.).
13. Non-Discrimination. Contractor will not discriminate against any person, employee
or applicant for work or employment because of race, color, religion, sex, sexual orientation, or
national origin. Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation or national origin. Such action shall include, but not be limited to the following:
employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoffs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices as required by applicable law setting forth the provisions of
this nondiscrimination clause. Contractor further agrees:
(a) Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation or national origin;
(b) With regard to the work performed by Contractor during the term of this
Agreement, shall not discriminate on the grounds of race, color, sex, sexual orientation or
national origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment.
(c) In all solicitations either by competitive bidding or negotiation made by
Contractor for work to be performed under subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified
by Contractor of Contractor’s obligations under this Agreement and applicable regulations
relative to nondiscrimination on the grounds of race, color, sex, sexual orientation or
national origin.
(d) Contractor will furnish all information and reports required by Executive
Order 11246 and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts for purposes
PAGE 6 DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND CITY OF
COPPELL, TEXAS
of investigation to ascertain compliance with such rules, regulations, and relevant orders
of the Secretary of Labor.
(e) Contractor will comply with all provisions of Executive Order 11246 and
of the rules, regulations and relevant orders of the Secretary of Labor.
(f) Contractor will comply with all provisions of Executive Order 12250
Coordination of Grant-Related Civil Rates Statutes: and
(g) Contractor will take steps to solicit employment, subcontractor, vendor,
volunteer and other employment opportunities with respect to services provided to City
under this Agreement from minority and women owned businesses.
14. Force Majeure. Except with respect to payment obligations under this Agreement,
neither Party shall be liable for any failure to perform due to strikes, riots, civil disturbances, acts
of terrorism, wars, failures or fluctuations in electrical power or telecommunications equipment,
or any other cause beyond such party’s reasonable control (each an “Event of Force Majeure”).
The Parties shall use their commercially reasonable efforts to minimize the consequences of any
Event of Force Majeure.
15. Miscellaneous.
(a) This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas, without reference to principles of conflict of laws. Venue for any disputes
between the Parties arising from or related to this Agreement shall be in a court of competent
jurisdiction in Dallas County, Texas, the personal and subject matter jurisdiction to which the
Parties agree to submit.
(b) The captions of this Agreement are not part of the provisions of this Agreement and
shall have no force or effect.
(c) This Agreement may not be amended or modified otherwise than by a written
agreement signed by the Parties hereto or their respective successors and legal representatives.
(d) Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other party or address as either party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If to Contractor:
DebrisTech, LLC
Attn: Brooks Wallace
925 Goodyear Boulevard
Picayune, Mississippi 39466
PAGE 7 DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND CITY OF
COPPELL, TEXAS
If to the City:
City of Coppell
Attn: City Manager
255 Parkway Blvd.
Coppell, Texas 75019
With Copy to:
City of Coppell
Attn: Ashley Owens
255 Parkway Blvd.
Coppell, TX 7519
Robert Hager
Nichols, Jackson, Dillard, Hager & Smith, LLP
500 N. Akard, Suite 1800
Dallas, Texas 75201
(l) The Parties’ respective rights under this Agreement are cumulative and either
Party’s exercise or enforcement of any right or remedy under this Agreement will not preclude
such Party’s exercise or enforcement of any other right or remedy which such Party is entitled to
enforce at law or in equity.
(m) Either Party's failure to insist upon strict compliance with any provision of this
Agreement or the failure to assert any right a Party may have pursuant to this Agreement shall not
be deemed to be a waiver of such provision or right or any other provision or right of this
Agreement.
(n) If any provision of this Agreement shall be deemed unlawful, void or unenforceable
for any reason, it shall be deemed severable, and in no way shall affect the validity or enforceability
of, the remaining provisions of this Agreement.
(o) This Agreement shall not be construed or interpreted in favor of or against
Contractor or the City on the basis of draftsmanship or preparation of the Agreement.
(p) From and after the date this Agreement is signed by the Parties, this Agreement
shall supersede all prior and contemporaneous agreements and understandings between the Parties,
whether written or oral, with respect to the subject matter hereof.
(i)All rights and obligations of the Parties that either expressly, or by their nature,
survive the expiration or termination of this Agreement shall survive such expiration or
termination.
(j)This Agreement and any amendment, waiver, approval or consent relating hereto
may be executed in any number of counterparts, each of which when so executed and delivered
shall be deemed an original, but all of which when taken together shall constitute one and the same
instrument. The delivery by any Party of an executed signature page to this Agreement or any
amendment, waiver, approval or consent relating hereto by facsimile transmission or by electronic
email in Adobe Corporation's Portable Document Format (or PDF) shall be deemed to be, and
shall be enforceable to the same extent as, an original signature page hereto or thereto. Any Party
who delivers such a signature page agrees to later deliver an original counterpart to any party that
requests it.
- 8 - 15301
(k) Pursuant to Texas Government Code Chapter 2270, Contractor’s execution of this
Agreement shall serve as verification that Contractor does not presently boycott Israel and will not
boycott Israel during the term of this Agreement.
(l) This Agreement will be effective upon the date it is signed by authorized
representatives of both Parties (the “Effective Date”), regardless of whether all signatures appear
on the same copy of the Agreement or in counterparts as provided in Section 15(j), above.
Signatures on Following Page
- 9 - 15301
EXECUTED this _______ day of _____________________, 20__.
City of Coppell, Texas
By:
Mike Land, City Manager
Approved as to form:
By: ___________________________________
Robert Hager, City Attorney
EXECUTED this _______ day of _____________________, 20__.
Professional
By:
Name:
Title:
PAGE 1 EXHIBIT A TO DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND
CITY OF COPPELL, TEXAS
)
EXHIBIT A
SCOPE OF SERVICES
I. PROJECT DESCRIPTION
A. PURPOSE
1. Contractor agrees to provide Disaster Debris Monitoring and Consulting Services
for City immediately after a natural or man-made disaster occurring with City’s
corporate limits. Contractor represents that it has the resources necessary to service
all of the areas within the cities of Addison, Carrollton, Coppell, and Farmers
Branch (collectively, the “Metro-Quad Cities” or “MQC”) simultaneously along
with any other contracts to which Contractor may be obligated. The objective of
this Agreement is to secure the services of a capable and experienced Contractor
who is efficient with monitoring the removal of large volumes of disaster- generated
waste from a large area in a timely and cost- effective manner. City, in conjunction
with and as a member of the MQC, intends to enter into this pre-positioned
Agreement with Contractor as the Primary Contractor who may utilize both local
and non-local resources to provide services in the event of activation by City alone
or in conjunction with the MQC following a natural or man-made disaster.
Contractor will be expected to have an initial management team mobilized within
24 hours of receipt of the Notice to Proceed and to have mobilized all appropriate
equipment and personnel to the disaster area within 48 hours of receipt of the Notice
to Proceed. City reserves the right to enter into contracts with more than one
contractor in the event that no one firm can provide all of the necessary services.
2. The project is referred to as the Disaster Debris Monitoring Contract in the
following sections of this Scope of Services.
3. For purposes of this Scope of Services, “MQC” shall be read to mean “City” when
the work performed is solely limited to disaster debris monitoring services relating
to a disaster only within City’s corporate limits.
B. PROJECT SUMMARY
1. Introduction
a. The Town of Addison, Texas, and the cities of Carrollton, Coppell, and
Farmers Branch, Texas comprise the Metrocrest Quad Cities or “MQC”,
whose corporate limits collectively encompasses approximately 68 square
miles and has a combined population of approximately 214,113.
b. The Disaster Debris Monitoring Contract will encompass areas within the
City limits. MQC’s disaster recovery planning includes considerations for
removing and processing the volumes and types of debris and wastes
PAGE 2 EXHIBIT A TO DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND
CITY OF COPPELL, TEXAS
)
expected to be generated by a major disaster such as a tornado or other
natural or man-made hazard that encompasses the procedures for disposing
of that material. The planning approach is formulated in part on the concept
of strategic pre-positioning of the agreements and resources necessary for
timely, coordinated recovery operations, including removal of debris and
wastes from public property and rights-of-way throughout the MQC using
MQC owned and Contractor forces.
c. The MQC has identified the need for one or more Contractor(s) to assist
MQC forces in completing debris management operations throughout the
MQC. Primary contractors will be selected for Debris Removal and Debris
Hauling. For the purpose of Debris Monitoring, Contractor must at all times
have the capacity to manage a large workforce and to carry the expenses
associated with a major recovery operation prior to the initial MQC payment
and between subsequent payments, as well as the capacity to provide the
necessary bonds and insurance. Contractor must also have and maintain
during the term of this Agreement:
1) an established management team.
2) an established network of resources to provide the necessary
equipment and personnel.
3) comprehensive workforce management, operations, and safety
plans; and
4) demonstrable experience in major disaster recovery cleanup
projects.
Contractor acknowledges and agrees that City, in conjunction with the
MQC, may at its sole discretion award multiple contracts if no single
contractor is capable of providing all of the necessary services.
d. The MQC anticipates a certain level of initial work to establish the
procedures for integrating the work into the MQC's continuing disaster
recovery program planning, along with potential costs for maintaining the
program over a period of time. The MQC anticipates that the bulk of the
services to be provided, especially monitoring of debris/waste removal
operations, will be provided on an incident specific basis with anticipated
costs identified by a joint MQC/Contractor team as part of the initial
program planning. In addition, Contractor will be required to participate in
certain MQC-directed disaster recovery training and/or exercises at no
additional cost to City.
PAGE 3 EXHIBIT A TO DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND
CITY OF COPPELL, TEXAS
)
2. Planning Standard for Disaster Debris Monitoring and Consulting Services
The MQC has selected a catastrophic tornado that impacts the entire MQC causing
large amounts of vegetative and construction and demolition debris as its planning
standard. The estimated debris volume is 5.0 million cubic yards, which is strictly
a planning figure for estimating potential removal and disposal needs and not a
fixed quantity for the purpose of contractual obligations. The actual volume of
debris may be greater than or less than the planning volume, and probably will be
considerably less. The MQC's goal is to complete the debris/waste removal and
disposal process in 90 days, which assumes that the entire area of the MQC will be
accessible within that period. Due to the potential for flooding, some areas might
not be accessible for some time after a major natural disaster. Contractor must be
aware that it might not be possible to initiate operations in all parts of the MQC
simultaneously immediately after a storm.
3. Disaster Debris Monitoring Requirements
Planning for post-disaster cleanup operations is a function of the Emergency Management
Office, Fire, and Public Works Departments for each of the respective MQC cities. The
debris management operations will be carried out under the cognizance of these various
departments. The debris removal contractor selected by the MQC will also be responsible,
under certain conditions, for removal of hazardous, and toxic waste associated debris such
as construction and demolition debris, vegetative debris and other disaster associated debris
caused by the disaster as well as:
a. Clearing roadways.
b. Removing debris and certain waste from roadways, public rights-of- way,
and public property.
c. Operating Temporary Debris Management Sites; and
d. Volumetric reduction of debris, and ultimate disposal of the debris and
waste.
The general concept of disaster debris/waste removal operations includes multiple,
scheduled passes of each populated area and each right-of-way directed. This will allow
residents and property owners to return to their properties and bring materials to the rights-
of-way as recovery progresses. The MQC will prescribe the specific procedures to be
followed after ascertaining the scope and nature of the disaster's impacts. Curbside
segregation of debris and disaster-generated or related wastes will be an element of the
MQC's disaster recovery program. The debris management contractor will be required to
aid in the segregation and waste stream management processes. Any hazardous materials
and/or industrial wastes encountered by the debris removal contractor will be set aside for
collection and disposal by contractor's properly trained and equipped removal team. The
MQC will pre- designate approximately ten (10) Temporary Debris Management Sites
PAGE 4 EXHIBIT A TO DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND
CITY OF COPPELL, TEXAS
)
(TDMS) for the sole purpose of the temporary staging and reduction of disaster generating
debris. The MQC will also help to identify the public and private landfills that will be used
for disposal of storm generated debris. Contractor will be expected to provide debris
monitoring services at each TDMS and landfill as well as in the field during clearing,
loading and hauling operations. Contractor will be responsible for monitoring all of the
Debris Removal/Hauling activities during the course of the recovery and cleanup period.
4. Contract Activation
Contractor will serve as a general contractor for the purpose of the specified services and
will be able to use its own subcontractor resources to meet the obligations of this
Agreement. Contractor will be required to use fully qualified and properly equipped local
firms and personnel to the maximum extent practicable. When a major disaster occurs or
is imminent, MQC will contact Contractor to advise Contractor of the MQC's intent to
activate the Agreement. Within five (5) business days of receiving the Notice to Proceed,
Contractor must have a management team in place in MQC to begin planning for the
operations and mobilizing the personnel and equipment necessary to perform the work.
Personnel and equipment must be in place, fully prepared for the specified services and
able to begin operations within 48 hours of Contractor's receipt of the Notice to Proceed.
II. STATEMENT OF WORK
A. GENERAL STATEMENT OF WORK – MONITORING
1. Contractor shall provide all expertise, effort, personnel, materials, and equipment
necessary for monitoring and documenting the removal and lawful disposal of
debris and other wastes generated by natural or man-made disasters that impact the
MQC. Specifically, Contractor will be responsible for monitoring debris and waste
removal and disposal operations performed by the MQC's Debris Removal and
Hauling operations relative to:
a. MQC streets, roads and rights-of-way;
b. Public property and facilities;
c. Any other public site as may be directed by the MQC’s previously listed
departments; and
d. Private property when necessary to protect the public (life safety) or to
facilitate completion of required work, provided that entry onto private
property is specifically authorized by the MQC.
2. Contractor may also be responsible for monitoring debris and waste removal and
disposal operations performed by the MQC's Debris Removal and Hauling
operations relative to streets, roads and rights-of-way of all municipalities and
PAGE 5 EXHIBIT A TO DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND
CITY OF COPPELL, TEXAS
)
communities, incorporated and unincorporated, and rural areas within the MQC,
unless otherwise directed by the MQC’s Debris Coordinators. Each one of the four
participating cities will have a Debris Coordinator who will maintain oversight over
their specific jurisdiction.
3. Services shall be performed on an "as needed basis" when directed by the MQC
Debris Coordinators.
4. The MQC Debris Coordinators will provide guidance and direction on priorities
and specific needs for the monitoring operations. Contractor, in concert with the
Debris Coordinators, shall determine the method and manner of monitoring the
removal and disposal of debris that provide the greatest economy of operations and
cost to the respective MQC cities. Contractor shall then provide for the cost-
effective and efficient monitoring of materials accumulated or deposited on public
property, as described above and the removal and final disposal of those materials.
Contractor will be expected to provide all personnel, equipment, forms, record
keeping materials, supplies and other resources necessary to carry out the specified
services and to provide ongoing and periodic reports to the MQC for its use in
providing documentation to State and Federal officials pursuant to Federal
reimbursement of eligible recovery costs. Contractor must be fully cognizant of all
relevant and applicable Federal (FEMA, U.S. Army Corps of Engineers, etc.) and
State of Texas documentation requirements and procedures and be prepared to assist
the MQC staff in compiling and managing information and data necessary for those
purposes. Prior to initiating work under this Agreement, Contractor shall present to
selected staff from the various cities for review and discussion of a General
Operations Plan and sufficient supporting documentation to adequately describe all
planned actions for monitoring the removal, handling and eventual disposal of
disaster generated debris and wastes. Contractor shall agree to execute this plan,
with all manners of contingencies recognized, upon being authorized by the MQC
to begin work.
5. When identifying resources to be made available under this Agreement, Contractor
must use a planning standard approach. Specifically, Contractor shall identify the
sources and quantities of debris and other wastes that are expected to be
encountered and the anticipated level of operational resources (personnel,
equipment, TDMS operations, etc.) that will be deployed by the Debris
Management contractor. Contractor must then identify sufficient monitoring
resources (personnel, equipment, materials, etc.) to ensure the availability of
personnel and equipment to initiate all required activities within 48 hours of being
so directed. For this purpose, identification of contractor/sub-contractor(s) and a
general equipment/personnel inventory will suffice. Contractor will be responsible
for coordinating operations in such a manner as to least interfere with the work of
the Debris Removal and Hauling contractor, damage assessment teams, local utility
company crews and other recovery operation forces. Such coordination shall be
affected through communications with the respective MQC departments, their
authorized representatives, or other MQC or municipal
PAGE 6 EXHIBIT A TO DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND
CITY OF COPPELL, TEXAS
)
personnel when so authorized by the MQC. To the extent authorized by the MQC
Debris Coordinators, Contractor shall coordinate monitoring operations directly
with the Debris Removal and Hauling contractor when necessary to achieve
effective and efficient integration of forces. Contractor shall provide reports,
summaries, and analyses of daily activities associated with the debris and waste
removal and disposal operations in the form and frequency specified by the MQC
Debris Coordinators, upon issuance of the authorization to proceed. Contractor
shall be prepared to advise the MQC Debris Coordinators and other local officials
of the types, scopes, forms, and formats of data and information required by Federal
and State agencies and shall provide all pertinent documentation in a manner that
satisfies those agencies' requirements.
EXHIBIT B PAYMENT SCHEDULE
Description QTY UOM UNIT
PRICE
EXTENDED
PRICE
1. Project Manager 280 Hourly Rate $68.00 $19,040.00
2. Operations Manager 130 Hourly Rate $57.00 $7,410.00
3. Scheduler/expeditors 30 Hourly Rate $1.00 $30.00
4. GIS Analyst 12.5 Hourly Rate $1.00 $12.50
5. Field Supervisors 400 Hourly Rate $47.00 $18,800.00
6. Debris Site/Tower Monitor 680 Hourly Rate $34.00 $23,120.00
7. Environmental Specialist 8 Hourly Rate $65.00 $520.00
8. Project Inspectors
(Citizen Drop-off Site Monitors
224 Hourly Rate $12.00 $2,688.00
9. Field Coordinators (Crew
Monitors)
4000 Hourly Rate $34.00 $136,000.00
10. Load Ticket Data Entry Clerks
(QA/QC)
260 Hourly Rate $1.00 $260.00
11. Billing/Invoice Analyst 70 Hourly Rate $1.00 $70.00
12. Project Coordinators 240 Hourly Rate $12.00 $2,880.00
13. Residential Monitors 1 Hourly Rate $1.00 $1.00
14. Automated Ticketing 400 Hourly Rate $1.00 $1.00
15. Aerial Photographer 1 Hourly Rate $68.00 $68.00
16. Other Required Positions
17. Data Manager 40 Hourly Rate $1.00 $40.00
18. Safety Manager 4 Hourly Rate $57.00 $228.00
19. FEMA Specialist 1 Hourly Rate $95.00 $95.00
20. Admin Assistant 1 Hourly Rate $45.00 $45.00
PAGE 1 EXHIBIT B TO DISASTER DEBRIS MONITORING SERVICES AGREEMENT: DEBRIS TECH, LLC AND
CITY OF COPPELL, TEXAS
PAGE 1 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
STATE OF TEXAS §
§
COUNTY OF DALLAS §
AGREEMENT FOR SERVICES
This Agreement for Services (“Agreement”) is made by and between the City of Coppell,
Texas (“City”) and True North Emergency Management, LLC, a Texas limited liability company
(“Contractor”) (each a “Party” and collectively the “Parties”), acting by and through their
authorized representatives.
RECITALS:
WHEREAS, the City desires to engage the services of the Contractor as an independent
contractor, and not as an employee, to provide the services described in Exhibit “A” (the “Scope
of Services”) to assist the City in providing emergency management and monitoring services (the
“Project”) on the terms and conditions set forth in this Agreement; and
WHEREAS, the Contractor desires to render services for the City on the terms and
conditions set forth in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties
agree as follows:
Article I
Term
1.1 Term. The term of this Agreement shall be for one (1) year beginning from the last
date of execution hereof (“the Effective Date”). If mutually agreed by the Parties, this Agreement
shall renew on the anniversary date of the Effective Date for four (4) successive terms of one (1)
year each, under the same terms and conditions, unless sooner terminated as provided herein.
1.2 Either Party may terminate this Agreement by giving thirty (30) days prior written
notice to the other Party. In the event of such termination the Contractor shall deliver to City all
finished and unfinished documents, data, studies, surveys, drawings, maps, models, reports,
photographs or other items prepared by the Contractor in connection with this Agreement.
Contractor shall be entitled to compensation for any services completed to the reasonable
satisfaction of the City in accordance with this Agreement prior to such termination.
Article II
Scope of Service
2.1 The Contractor shall perform the services in connection with the Project as set forth
in the Scope of Services.
PAGE 2 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
2.2 The City shall, prior to commencement of services, provide the Contractor with the
information set forth in the Scope of Services, if any.
2.3 Licenses. Contractor represents to City that Contractor possesses any and all
licenses which may be required by the State of Texas or any other governmental entity having
jurisdiction as may be necessary for the performance of Contractor's services pursuant to this
Agreement.
2.4 Information/Confidentiality. City will furnish to Contractor such information with
respect to the Project as Contractor may reasonably request in order to render Contractor's services
effectively. Contractor will hold in strict confidence all information with respect to the Project
which is furnished to Contractor by City in confidence, and which is not otherwise publicly
available and/or not required, as a matter of law or proper business practice, to be disclosed to a
third party in connection with the consulting services for the Project.
2.5 Deliverables. All files, documents, data and other information generated under this
Agreement, of any nature whatsoever furnished by, or developed by Contractor, shall be and
remain the property of City, and shall be returned to City upon expiration or termination of this
Agreement.
2.6 Conflict of Interest. Contractor agrees to notify City and seek City's approval prior
to Contractor's retention by any other individuals or entities, which either directly or indirectly
may create a conflict of interest in Contractor's services under this Agreement. City may deny any
such approval for Contractor's retention set forth above, in the event City, in City's sole and
absolute discretion, should conclude that such retention would have an adverse effect on
Contractor's services under this Agreement.
Article III
Schedule of Work
The Contractor agrees to complete the required services in accordance with the Project
Schedule outlined in the Scope of Services.
Article IV
Compensation and Method of Payment
4.1 Contractor will be compensated in accordance with the payment schedule and amounts set
forth in the Scope of Services. Unless otherwise provided herein, payment to the Contractor shall be
monthly based on the Contractor’s monthly progress report and detailed monthly itemized statement for
services that shows the names of the Contractor’s employees, agents, contractors performing the services,
the time worked, the actual services performed, the rates charges for such service, reimbursable expenses,
the total amount of fee earned to date, and the amount due and payable as of the current statement, in a form
reasonably acceptable to the City. Monthly statements shall include authorized non-salary expenses with
supporting itemized invoices and documentation. The City shall pay such monthly statements within thirty
(30) days after receipt and City verification of the services and expenses unless otherwise provided herein.
Contractor acknowledges that the City will apply for financial assistance from the Federal
PAGE 3 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), and/or the
state emergency management agency. Therefore, Contractor represents that it will perform all
Services hereunder in a manner, time and place so as to assist with such reimbursement to the City.
Contractor shall submit monthly statements for services rendered. Contractor’s statements shall be
due and payable within 30 calendar days.
4.2 Unless otherwise provided in the Scope of Services the Contractor shall be
responsible for all expenses related to the services provided pursuant to this Agreement including,
but not limited to, travel, copying and facsimile charges, telephone, internet and email charges.
4.3 The hourly rates set forth in the Scope of Services, if any, shall remain in effect
during the term of this Agreement. Any changes to established hourly rates shall require the prior
written consent of the City.
Article V
Devotion of Time; Personnel; and Equipment
5.1 The Contractor shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. Should the City require additional services not
included under this Agreement, the Contractor shall make reasonable effort to provide such
additional services within the time schedule without decreasing the effectiveness of the
performance of services required under this Agreement and shall be compensated for such
additional services on a time and materials basis, in accordance with Contractor’s standard hourly
rate schedule, or as otherwise agreed between the Parties.
5.2 To the extent reasonably necessary for the Contractor to perform the services under
this Agreement, the Contractor shall be authorized to engage the services of any agents, assistants,
persons, or corporations that the Contractor may deem proper to aid or assist in the performance
of the services under this Agreement. The Contractor shall provide written notice to and obtain
written approval from the City prior to engaging services not referenced in the Scope of Services.
The cost of such personnel and assistance shall be included as part of the total compensation to be
paid Contractor hereunder and shall not otherwise be reimbursed by the City unless otherwise
provided herein.
5.3 The Contractor shall furnish the facilities, equipment and personnel necessary to
perform the services required under this Agreement unless otherwise provided herein.
5.4 The Contractor shall submit monthly progress reports and attend monthly progress
meetings scheduled by the City or more frequently as may be required by the City from time to
time based upon Project demands. Each progress report shall detail the work accomplished and
special problems or delays experienced on the Project during the previous report period, and the
planned work activities and special problems or delays anticipated for the next report period.
PAGE 4 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
Article VI
Miscellaneous
6.1 Entire Agreement. This Agreement constitutes the sole and only agreement
between the Parties and supersedes any prior understandings written or oral agreements between
the Parties with respect to this subject matter.
6.2 Assignment. The Contractor may not assign this Agreement without the prior
written consent of City. In the event of an assignment by the Contractor to which the City has
consented, the assignee shall agree in writing with the City to personally assume, perform, and be
bound by all the covenants, and obligations contained in this Agreement.
6.3 Successors and Assigns. 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.
6.4 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.
6.5 Amendments. This Agreement may be amended by the mutual written agreement
of the Parties.
6.6 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.
6.7 Independent Contractor. It is understood and agreed by and between the Parties that
the Contractor, in satisfying the conditions of this Agreement, is acting independently, and that the
City assumes no responsibility or liabilities to any third party in connection with these actions. All
services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an
independent contractor, and not as an agent or employee of the City. Contractor shall supervise the
performance of its services and shall be entitled to control the manner and means by which its
services are to be performed, subject to the terms of this Agreement.
6.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, courier or by confirmed telefax or facsimile to the address specified below, or to
such other Party or address as either Party may designate in writing, and shall be deemed received
three (3) days after delivery or on the day actually received if sent by courier or otherwise hand
delivered:
PAGE 5 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
If intended for City, to:
Attn: Mike Land
City Manager
City of Coppell, Texas
255 Parkway Blvd.
Coppell, Texas 75019
972.462 –0022 telephone
With a copy to:
Robert Hager
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard Street
Dallas, Texas 75201
214.965.9900 – telephone
214.965.0010 – facsimile
If intended for Contractor:
Attn:
True North Emergency Management, LLC
512 Main Street, Suite 415
Fort Worth, Texas 76102-3911
6.9 Insurance.
(a) Contractor shall during the term hereof maintain in full force and effect the
following insurance: (i) a comprehensive general liability policy of insurance for
bodily injury, death and property damage including the property of the City, its
officers, contractors, agents and employees (collectively referred to as the “City”)
insuring against all claims, demands or actions relating to the work and services
provided by the Contractor pursuant to this Agreement with a minimum combined
single limit of not less than $1,000,000.00 per occurrence for injury to persons
(including death), and for property damage and $2,000,000.00 aggregate including
products and completed operations coverage of $1,000,000.00. This policy shall be
primary to any policy or policies carried by or available to the City; (ii) policy of
automobile liability insurance covering any vehicles owned, non-owned and hired
and/or operated by Contractor, its officers, agents, and employees, and used in the
performance of this Agreement with policy limits of not less than $500,000.00
combined single limit for bodily injury, death and property damage; and (iii)
statutory Worker’s Compensation Insurance at the statutory limits and Employers
Liability covering all of Contractor’s employees involved in the provision of
services under this Agreement with policy limit of not less than $500,000.00.
(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
with the exception of Workers Compensation Insurance; (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
PAGE 6 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
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 Contractor 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 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 Contractor
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
Contractor shall within ten (10) business days after written request provide the City
with certificates of insurance and policy endorsements for the insurance required
herein.
6.10 Debarment and Suspension.
(a) In accordance with 2 CFR section 180.300, the principal of this Agreement as
described in 2 CFR section 180.995 being duly sworn or under penalty of perjury
under the laws of the United States, certifies that neither Contractor nor its
principals are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by any
federal department or agency, the State of Texas or any of its departments or
agencies.
(b) If, during the term of this Agreement, Contractor becomes debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from
participation, Contractor shall immediately inform the City of Farmers Branch.
(c) For agreements that are financed by Federal or State grants, Contractor agrees that
this section will be enforced on each of its subcontractors and will inform the City
of Farmers Branch of any violations of this section by subcontractors to the
Agreement.
(d) The certification in this section is a material representation of fact relied upon by
the City in entering into this Agreement.
PAGE 7 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
6.11 Indemnification. CONTRACTOR DOES HEREBY COVENANT AND
CONTRACT TO WAIVE ANY AND ALL CLAIMS, RELEASE, DEFEND, INDEMNIFY,
AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND
AGENTS, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS,
CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES,
PENALTIES OR SUITS, CAUSED BY OR RESULTING FROM THE NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE CONTRACTOR, ITS AGENT, ITS
CONSULTANT UNDER CONTRACT, OR ANY OTHER ENTITY OVER WHICH THE
CONTRACTOR EXERCISES CONTROL.
INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS’ FEES AND
COSTS, COURT COSTS, AND SETTLEMENT COSTS IN PROPORTION TO THE
CONTRACTOR’S LIABILITY.
THE CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE
LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS
PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
6.12 Compliance with Certain Federal Laws. Contractor shall at all times comply with
all applicable provisions of:
(a) The Solid Waste Disposal Act of 1965, as amended (42 USCA § 6901, et seq.);
(b) The Contract Work Hours and Safety Standards Act, as amended (40 United
States Code, Chapter 37);
(c) The Clean Air Act, as amended (42 U.S.C. §7401, et seq.);
(d) The Federal Water Pollution Control Act (Clean Water Act), as amended (33
U.S.C. § 1251 et seq.);
(e) The Energy Policy and Conservation Act, as amended (42 U.S.C.A § 6201 et
seq.); and
(f) The Byrd Anti-Lobbying Amendment (42 U.S.C. § 1352, et seq.).
6.13 Non-Discrimination. Contractor will not discriminate against any person, employee
or applicant for work or employment because of race, color, religion, sex, sexual orientation, or
national origin. Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation or national origin. Such action shall include, but not be limited to the following:
employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoffs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices as required by applicable law setting forth the provisions of
this nondiscrimination clause. Contractor further agrees:
PAGE 8 AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(TM112955)
(a) Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation or
national origin;
(b) With regard to the work performed by Contractor during the term of this
Agreement, shall not discriminate on the grounds of race, color, sex, sexual
orientation or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment;
(c) In all solicitations either by competitive bidding or negotiation made by Contractor
for work to be performed under subcontract, including procurements of materials
or leases of equipment, each potential subcontractor or supplier shall be notified by
Contractor of Contractor’s obligations under this Agreement and applicable
regulations relative to nondiscrimination on the grounds of race, color, sex, sexual
orientation or national origin;
(d) Contractor will furnish all information and reports required by Executive Order
11246 and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts for
purposes of investigation to ascertain compliance with such rules, regulations, and
relevant orders of the Secretary of Labor;
(e) Contractor will comply with all provisions of Executive Order 11246 and of the
rules, regulations and relevant orders of the Secretary of Labor;
(f) Contractor will comply with all provisions of Executive Order 12250 Coordination
of Grant-Related Civil Rates Statutes; and
(g) Contractor will take steps to solicit employment, subcontractor, vendor, volunteer
and other employment opportunities with respect to services provided to City under
this Agreement from minority and women owned businesses.
6.14 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of any number of copies hereof each signed by less than all, but together signed by all of the Parties
hereto.
6.15 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
6.16 Prohibition of Boycott Israel. Contractor 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. This section does not apply if the
Contractor is a sole proprietor, a non-profit entity or a governmental entity; and only applies if:
PAGE 1 EXHIBIT “A” TO AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
(i) the Contractor has ten (10) or more fulltime employees and (ii) this Agreement has a value of
$100,000.00 or more to be paid under the terms of this Agreement.
(Signature Page to Follow)
PAGE 2 EXHIBIT “A” TO AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
EXECUTED this _______ day of _____________________, 20__.
City of Coppell, Texas
By:
Mike Land, City Manager
Approved as to form:
By: ___________________________________
Robert Hager, City Attorney
EXECUTED this _______ day of _____________________, 20__.
Professional
By:
Name:
Title:
PAGE 3 EXHIBIT “A” TO AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
EXHIBIT “A”
SCOPE OF SERVICES
Staff Mobilization
When a potential future disaster threatens the City, the debris monitoring firm (Contractor) will
mobilize 2 to 3 days in advance with key staff experienced in various aspects of debris operations
(including truck certification, mapping/zone development, etc.) in order to participate in the
"response" phase of the disaster event. Contractor will mobilize right away when requested to
respond to unpredicted disasters. Additional Contractor staff shall be contacted and put on standby
for potential mobilization. Logistical arrangements for out-of-town staff such as lodging
arrangements for key staff, is the responsibility of the Contractor.
Field Documentation of Work
Contractor shall carefully document right-of-way (ROW) debris removal activities and removal of
eligible hazardous trees and hazardous hanging limbs. Contractor will work closely with the City
and with FEMA/FHWA to determine the most effective methods of documentation to ensure that
debris removal is eligible for federal funding. Contractor shall communicate with FEMA to ensure
documentation supports project reimbursement. Contractor will work with FEMA in an effort to
pre-validate as much eligible debris, tree and limb removal as practical.
Collection Monitoring of Rights-of-Way and Public Property Debris Removal
Contractor will provide collection monitors with each of the Contractor’s loading crews to ensure
each load is related to the disaster and follows FEMA PA guidelines. The street address and/or
GPS coordinates will be recorded on each load ticket. The Contractor will initiate an electronic
load ticket or multi part paper load ticket in the field for each load. Load tickets will contain
information related to the location of the debris, time, date, truck identification, truck driver, etc.
Each load ticket will then be delivered by the truck driver, to the disposal site or Debris
Management Site (DMS) for load rating. Load ticketing and documentation will also be performed
for hazardous tree and limb removal. This project may include monitoring the removal of
abandoned cars, boats, marine debris, white goods, beach cleaning, structure demolition and other
debris removal categories. Contractor will provide similar services for private property debris
removal (PPDR) and right-of-entry (ROE) work if approved for this project. Field monitoring of
debris haulers shall be performed in accordance with current FEMA, FHWA and state
requirements and in coordination with the City.
Contractor Training
Contractor will provide training to all employees concerning safety, eligibility for reimbursement,
and disaster specific information. The Contractor will be required to perform adequate training for
locally hired staff. All Contractor employees must be able to effectively communicate to a level
appropriate to their responsibilities.
Spot Checks and Auditing of Monitors
Contractor will provide management and supervisory personnel to ensure that field monitors are
making accurate eligibility calls, keeping good documentation, and are communicating effectively
with the debris removal contractor.
PAGE 4 EXHIBIT “A” TO AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
EXHIBIT “A”
SCOPE OF SERVICES
Project Mapping
Maps will be used to document the debris removal progress. The final pass along each roadway
will be mapped for the City’s information, and FEMA documentation. Contractor will assist the
City in public communication and will document and relay any citizen complaints for action by
the contractor or the City.
Truck Certification
Contractor will establish a team of individuals who will inspect and certify vehicles for hauling
storm related debris in accordance with FEMA guidelines. A certification sheet with measurement,
photos, and calculations documenting the capacity of the truck is kept for load rating and ticket
auditing. Certification data will be available at each DMS/disposal site for verification.
Certifications should also include a methodology to discourage collection contractors from
modifying their vehicle after certification, and for detecting modifications, such as changes to
sideboards. Photographs of the vehicle and its driver shall be documented. Periodic spot checks
and recertification will be performed for vehicles that have potentially been altered after initial
certification.
Quality Control/Quality Assurance
A QA/ QC program should be implemented by the Contractor to minimize errors in debris monitor
tickets and all documentation functions. Eligibility of work, reliability of documentation and data
accuracy are critical in achieving full reimbursement for eligible project expenses.
DMS/Disposal Sites
Contractor will provide trained monitors at DMS and disposal sites to call loads based on the
amount of debris in each truck. It is imperative that these monitors make accurate calls to safeguard
public funds. Monitors will also make sure that the trucks are empty as they leave the site.
Furthermore, monitors will review the truck certification worksheets to make sure the trucks have
not been modified to affect their capacity (shortened or removed sideboards, for example). Similar
systems will be used to verify, track, and document hauling of reduced debris from DMS sites
through final disposal, where applicable.
Data Management
Contractor will establish an advanced project data management system and upload load ticket
information on a daily basis. This information can be provided to the City, FEMA, and the
Contractor, as directed by the City. This will include GPS coordinates / addresses for tree and
stump removal. Additionally, the staff will work with the Contractor to reconcile invoices, and
review debris removal invoices for recommendation of payment by the City. Furthermore,
Contractor will organize field information for FEMA documentation including photographs and/or
GPS coordinates. Contractor will help track invoices for FEMA reimbursement and provide
additional supporting information as requested.
Public Information Support
Contractor may be asked to assist the City in public outreach following a disaster event as it relates
to debris recovery efforts. This may include establishing and staffing (including supplying
equipment, phone lines, etc.) a "debris hotline" to respond to public complaints and concerns or
establishing a website. This also may include assistance with press releases, public notices, and
PAGE 5 EXHIBIT “A” TO AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
EXHIBIT “A”
SCOPE OF SERVICES
other public information functions. All functions will be performed in a manner to maximize
federal and state reimbursement.
Funding Support
The Contractor shall assist the City in securing reimbursement for eligible work from state and
federal agencies. Specific funding support services may include working with the City to develop
a cash flow strategy that focuses on early reimbursement. This includes assistance in preparing a
debris quantity estimate, early preparation of a project worksheet to cover the estimated cost of the
entire debris removal effort at the outset of the project, and assisting the City and FEMA personnel
with Project Worksheets, Versions, etc. Contractor shall be prepared to assist City with appeals
based on their knowledge of FEMA and FHWA reimbursement policies. Contractor shall be
prepared to assist the City, if requested, in tracking progress of Project Worksheets and providing
quick response to any problem issue that may arise that could slow funding. Contractor shall be
prepared to assist City in finding additional funding reimbursement sources related to disaster
mitigation.
Recovery Services
The City is interested in selecting a monitoring firm with field implementation and FEMA
reimbursement experience in community recovery including, but not limited to:
Right-of-Entry (ROE) administration and data base management
ROW and private property vegetative/C & D hazard removal monitoring
ROW and private property demolition coordination and monitoring
Monitoring of marine debris removal and beach sand cleaning
Other Related Services
Services not specifically identified in this request but are needed to provide a complete debris
removal and documentation project.
Safety Meetings and Monitoring Updates
Safety of monitoring staff is of paramount importance. Contractor will hold regular meetings with
debris monitors and staff for project updates and to communicate safety issues. If important
information becomes available, the staff may meet more frequently.
Coordination Meetings with Contractor(s)
Contractor will initiate a coordination meeting with the debris removal contractor to help expedite
the work, and to discuss any issues that may arise during the project. It is important that the monitor
and contractor are communicating with each other to ensure a successful project.
Contractor Damages
The Contractor may be asked to develop a database application to track and help the City
manage contractor damages.
PAGE 6 EXHIBIT “A” TO AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
EXHIBIT “A”
SCOPE OF SERVICES
Status Reports
Contractor will provide detailed daily or weekly status reports to the City as requested for use and
information. Relevant project statistics and cumulative statistics will be shown in a straight
forward manner to officials to provide information to the media or to their constituents.
Public Assistance (PA) Consulting
The Contractor will provide PA Consulting Services if requested by the City, such as.
(a) Identification of eligible emergency and permanent work (Category A-G);
(b) Damage Assessment;
(c) Assistance in attaining Immediate Needs Funding;
(d) Loss measurement and categorization;
(e) Insurance evaluation, documentation adjusting and settlement services;
(f) Project Worksheet generation and review;
(g) FEMA, FHWA and Natural Resources Conservation Services (NRCS)
reimbursement support;
(h) Staff augmentation with experienced Public Assurance Coordinators and Project
Officers;
(i) Interim inspections, final inspections, supplemental Project Worksheet generation
and final review;
(j) Appeal services and negotiations;
(k) Reconstruction and long-term infrastructure planning; and
(l) Final review of all emergency and permanent work performed.
PAGE 7 EXHIBIT “A” TO AGREEMENT FOR SERVICES
CITY OF Coppell AND TRUE NORTH EMERGENCY MANAGEMENT, LLC
EXHIBIT “A”
SCOPE OF SERVICES
Monitoring Fee Schedule
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6542
File ID: Type: Status: 2022-6542 Agenda Item Agenda Ready
1Version: Reference: In Control: Fire
09/26/2022File Created:
Final Action: 2022 Disaster Debris RemovalFile Name:
Title: Consider approval of three contracts for disaster debris removal, reduction,
disposal, and other emergency debris related services to be provided by
CrowderGulf, LLC. as the primary vendor and with T.F.R Enterprises, Inc., and
DRC Emergency Services, LLC. as alternate vendors; and authorizing the
City Manager to sign any necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Crowder Gulf LLC Contract.pdf, TFR
Enterprises, Inc. Contract.pdf, DRC Emergency
Services Contract.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6542
Title
Consider approval of three contracts for disaster debris removal, reduction, disposal, and other
emergency debris related services to be provided by CrowderGulf, LLC. as the primary vendor
and with T.F.R Enterprises, Inc., and DRC Emergency Services, LLC. as alternate vendors; and
authorizing the City Manager to sign any necessary documents.
Summary
See attached Staff Memo.
Fiscal Impact:
There is no up-front financial impact. These are stand-by agreements that will only be activated
when needed. There is no annual retainer for these services, and the cost schedule is set for
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6542)
the life of the contract. Once activated, the cost would depend on the duration of the activation
and the scope of the response needed.
The costs would be charged to the City’s Emergency Fund during a disaster event and costs
would be tracked in accordance with FEMA guidelines for possible reimbursement should a
Federal Disaster Declaration be obtained for the event.
Staff Recommendation:
Staff recommends City Council approval of a resolution authorizing the City Manager to execute
agreements for disaster debris hauling and disposal services with CrowderGulf, LLC as the
primary vendor and T.F.R. Enterprises and DRC Emergency Services as alternate vendors.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To: Mayor and City Council
From: Kevin Richardson, Fire Chief
Jennifer Bettis, Emergency Management Coordinator
Date: October 11, 2022
Reference: Consider approval of three Contracts for disaster debris hauling and disposal services
with CrowderGulf, LLC as the primary vendor and T.F.R. Enterprises and DRC
Emergency Services as alternate vendors and authorizing the City Manager to sign
any necessary documents.
2040: Pillar 0: Sustainable City Government
Introduction:
The purpose of this agenda item is to authorize the signing of disaster debris removal and disposal
contracts with a primary vendor and two alternate vendors. In order to satisfy the Federal Emergency
Management Agency (FEMA) requirements in the event of a major debris producing event, the City
must have both a debris hauling vendor and a non-affiliated monitoring vendor. The approval of these
contracts will allow the City, residents, and businesses to quickly recover from debris-producing
events that exceed the capabilities of the City’s solid waste hauler. Having such contracts will also
allow the City to potentially recover funds in a federally declared disaster.
Background:
To meet this need and ensure the ability to work efficiently across borders during an event, Addison,
Carrollton, Coppell, and Farmers Branch (the Quad Cities) agreed to collectively secure contracts for
debris hauling services that can be activated after an event. Though procured collectively, each city
will have a separate contract with the vendors selected by the group as a whole. It was decided that
three vendors would be selected, if possible, one as a primary and then two alternates.
The City of Carrollton took the lead in issuing the debris hauling Request for Proposals (RFP) and
five vendors submitted proposals: Arbor Masters Tree Services; CrowderGulf, LLC; DRC
Emergency Services, LLC; Southern Disaster Recovery, LLC; and T.F.R. Enterprises, Inc. A
committee from the Quad Cites scored these five proposals and invited the top three companies to
participate in interviews to determine which would be the primary vendor, and which would be the
two alternates. CrowderGulf was selected as the primary vendor, with T.F.R. Enterprises as the first
2
alternate and DRC Emergency Services as the second. Each of the Quad Cities is now taking the
debris removal contracts to their respective City Councils for approval.
Benefit to the Community:
The City’s ability to recover after a significant disaster depends in large part on how quickly and
effectively debris can be cleared and disposed. This allows for emergency services to respond and
allows citizens and businesses to begin rebuilding sooner. In order for the City to qualify for potential
FEMA disaster assistance, specific protocols and requirements for debris monitoring and clearance
must be followed. These debris hauling contracts, along with the accompanying debris monitoring
contracts, are part of this requirement and are necessary for the City to potentially recover additional
monies during a federally-declared disaster.
Legal Review:
This agenda item and documents was reviewed and approved by Coppell’s Legal Counsel.
Fiscal Impact:
There is no up-front financial impact. These are stand-by agreements that will only be activated when
needed. There is no annual retainer for these services, and the cost schedule is set for the life of the
contract. Once activated, the cost would depend on the duration of the activation and the scope of the
response needed.
The costs would be charged to the City’s Emergency Fund during a disaster event and costs would
be tracked in accordance with FEMA guidelines for possible reimbursement should a Federal Disaster
Declaration be obtained for the event.
Recommendation:
The Fire Department recommends City Council approval of three contracts for disaster debris hauling
and disposal services with CrowderGulf, LLC as the primary vendor and T.F.R. Enterprises and DRC
Emergency Services as alternate vendors and authorizing the City Manager to sign any necessary
documents.
1
Contract for Disaster Debris Removal Reduction, Disposal,
and Other Emergency Debris Related Services
THIS CONTRACT is made this the _______day of , 2022 by and between
CrowderGulf, LLC (herein referred to as "Contractor") and the City of Coppell a political
subdivision of the State of Texas (herein referred to as "City").
RECITALS
WHEREAS, it is foreseen that it may be in the public interest to provide for the expedient
removal of storm debris within the corporate limits of the City plus recovery Technical
Assistance to the appointed and elected officials resulting from a natural or manmade event;
and
WHEREAS, The City has in the past suffered the full force and effects of major storms and the
resulting destruction brought upon City by such storms or manmade disasters; and
WHEREAS, the Public Health and Safety of all the citizens will be at serious risk; and
WHEREAS, the immediate economical recovery of The City and its citizens is a major concern
and the primary priority for recovery; and
WHEREAS, the availability of experienced prime storm debris contractors may be severely
limited; and
WHEREAS, Contractor has the experience, equipment, manpower, permits and licenses to
perform all storm related debris services; and
WHEREAS, the City and the Contractor have agreed to the Scope of Services, prices, terms
and conditions as set out in this Contract; and
THEREFORE, in considerations acknowledged by both parties, said parties do agree to the
following stipulations and conditions.
1.0 SERVICES
1.1 Scope of Contracted Services:
The Contractor shall provide all expertise, personnel, tools, materials, equipment,
transportation, supervision and all other services and facilities of any nature
necessary to execute, complete and deliver the timely removal and lawful disposal of
all eligible storm-generated debris (herein referred to as “debris”), including
hazardous and industrial waste materials and within the time specified in this
Contract. Emergency push, debris removal and demolition of structures will be
limited to: 1) that which is determined to eliminate immediate threats to life, public
health, and safety; 2) that which has been determined to eliminate immediate threats
of significant damage to improved public or private property; and 3) that which is
considered essential to ensure the economic recovery of the affected community to
the benefit of the community at large.
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These contracted services shall provide for the cost effective and efficient removal and lawful
disposal of debris accumulated on all public, residential and commercial properties, streets,
roads, other rights-of-way and public-school properties, including any other locally owned facility
or site as may be directed by the City. Contracted services will only be performed when
requested and as designated by the City.
The Contractor shall load and haul the debris from within the legal boundaries of the
municipality to a site(s) specified by the City as set out in Section 5.1 of this
Contract.
1.2 Emergency Push / Road Clearance:
The Contractor shall accomplish the cutting, tossing and/or pushing of debris from
the primary transportation routes as identified by and directed by the City. This
operational aspect of the scope of contracted services shall be for the first 72 hours
after an event and will be billed on a time and material basis. Once this task is
accomplished, the following additional tasks will begin as required.
1.3 Right-of-Way (ROW) Removal:
The Contractor shall remove all debris from the ROW of the City when directed to do
so by the City. The Contractor shall use reasonable care not to damage any City or
private property not already damaged by the storm event. Should any property be
damaged due solely to negligence on the part of the Contractor, the City may either
bill the Contractor for the damages or withhold funds due to the Contractor in an
amount not to exceed the dollar amount of compensatory damages that the
landowner is able to prove.
1.4 Right-of-Entry (ROE) Removal (if implemented by the City):
The Contractor will remove ROE debris from private property with due diligence, as
directed by the City. The Contractor also agrees to make reasonable efforts to save
from destruction items that the property owners wish to save, (i.e., trees, small
buildings, etc.). The Contractor will exercise caution when working around public
utilities (i.e., gas, water, electric, etc.). Every effort will be made by the City to mark
these utilities but the City does not warrant that all will be located before debris
removal begins, nor does the Contractor warrant that utility damages will not occur
as a result of properly conducting the contracted services.
1.5 Demolition of Structures (if implemented by the City):
The Contractor will remove structures designated for removal by and at the direction
of the City. The Contractor agrees to remove in a timely manner all structures as
determined by the City as set out in Section 1.1 of this Contract.
1.6 Private Property Waivers:
The City will secure all necessary permissions, waivers and Right-of-Entry
Agreements from property owners as prescribed by the Government for the removal
of debris and/or demolition of structures from residential and/or commercial
properties, as set out in Sections 1.4 and 1.5 above.
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2.0 PERFORMANCE OF SERVICES
2.1 Description of Service:
The Contractor agrees to perform the contracted services in a professional and
workmanlike manner and in compliance with all applicable laws, ordinances, rules,
regulations and permits. Only the highest quality workmanship will be acceptable.
Services, equipment and workmanship not conforming to the Contract documents or
meeting the approval of the City may be rejected. Replacements and/or rework, as
required, will be accomplished at no additional cost to the City.
2.2 Cost of Services:
The Contractor shall bear the costs of performing all contracted services hereunder,
as directed by the City, including but not limited to that which is set out in Section
1.0, plus applicable permit and license fees and all maintenance costs required to
maintain its vehicles and other equipment in a condition and manner adequate to
accomplish and sustain all contracted services as set out in this Contract.
2.3 Matters Related to Performance:
2.3.1 Subcontractor(s):
The Contractor may utilize the service of subcontractors and shall be
responsible for the acts or omissions of its subcontractors to the same extent
the Contractor is responsible for the acts and omissions of its employees.
The Contractor shall ensure that all its subcontracts have and carry the same
major provisions of this Contract and that the work of their subcontractors is
subject to said provisions. Nothing contained in this Contract shall create any
contractual relationship between any subcontractor and the City. The
Contractor shall supply the names and addresses of subcontractors and
materials suppliers when requested to do so by the City.
2.3.2 Indemnification:
The Contractor agrees to indemnify, hold harmless and defend the City from
and against any and all liabilities, suits, actions, legal proceedings, claims,
demands, damages, costs and expenses (including attorney’s fees) rising out
of any act or omission of the Contractor, its agents, subcontractors or
employees in the performance of this Contract, but excluding any damage,
injury, or loss to person or property solely the result of the City’s negligent,
reckless, or willful acts or omissions or those of its employees, agents, or
other contractors or subcontractors. In no event shall Contractor’s liability
hereunder exceed the dollar amount paid or to be paid to Contractor for its
services under this Contract.
2.3.3 Insurance(s):
The Contractor agrees to keep the following Insurance in full force and effect
during the term of this Contract. The Contractor must also name the City, as
additional insured, while working within the boundaries of the City.
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2.3.4 Worker’s Compensation:
Coverage per City requirements.
2.3.5 Automobile Liability:
Coverage per City requirements.
2.3.6 Comprehensive General Liability:
Coverage per City requirements.
2.3.7 Insurance Cancellation / Renewal:
The Contractor will notify the City at least thirty (30) days in advance of
cancellation, non-renewal or adverse change to the required insurance. New
certificates of insurance are to be provided to the City at least ten (10) days
following coverage renewals or changes.
3.0 STANDARDS OF PERFORMANCE
3.1 Contractor Representative:
The Contractor shall have a knowledgeable and responsible Contractor
Representative Report to the City’s designated Contract Representative within 24
hours following the activation of this contract. The Contractor Representative shall
have the authority to implement all actions required to begin the performance of
contracted services as set out in this Contract and the Contractor’s General
Operations Plan.
3.2 Mobilization:
When the written Notice to Proceed has been received by the Contractor and/or the
on-site Contractor Representative, he/she will make all necessary arrangements to
mobilize a minimum of 50% of the required resources within 48 hours and 100% of
the required resources within 96 hours to commence and conduct these contracted
services.
3.3 Payment and Performance Bonds: Contractor shall provide payment and
performance bonds 7 – 10 days following activation of contract.
3.4 Time to Complete:
The Contractor shall complete all directed work as set out in Section 1.0 of this
Contract within (number of days will be determined once extent of damage has been
determined) working days and in accordance with Section 5.8 of this Contract.
3.5 Completion of Work:
The Contractor shall be responsible for removal of all debris up to the point where
remaining debris can only be described as storm litter and additional collection can
only be accomplished by the use of hand labor.
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3.5.1 Extensions (optional):
In as much as this is a “time is of the essence” based Contract, the
commencement of contracted services will be as set out in Section 3.2. If the
completion of this Contract is delayed by actions of the City, then and in such
event the time of completion of this Contract shall be extended for such
additional time within which to complete the performance of the Contract as is
required by such delay. This Contract may be extended by mutual consent of
both the City and the Contractor for reasons of additional time, additional
services and/or additional areas of work.
3.6 Term of Contract:
The term of the Contract shall be for three five (5) consecutive years beginning on
the date of acceptance by and signatures of the City and Contractor, whichever
comes later.
3.7 Contract Termination:
This Contract shall terminate upon 30 thirty days written notice from either party and
delivered to the other party, as set out in Section 8.1 of this Contract.
4.0 GENERAL RESPONSIBILITIES
4.1 Other Agreements:
The City may be required to enter into agreements with Federal and/or State
agencies for disaster relief. The Contractor shall be bound by the terms and
conditions of such agreements. The City shall provide Contractor with copies of any
such federal or state agreements within 7 days of the execution thereof.
4.2 City Obligations:
The City shall furnish all information and documents necessary for the
commencement of contracted services, including but not limited to a valid written
Notice To Proceed. A representative will be designated by the City to be the primary
point of contact for inspecting the work and answering any on site questions prior to
and after activation of this Contract via a written Notice To Proceed. The City is
responsible for issuing all Public Service Announcements (PSA) to advise citizens
and agencies of the available debris services. The Contractor may assist the City
with the development of debris-based PSA(s), if requested.
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4.3 Conduct of Work:
The Contractor shall be responsible for planning and conducting all operations in a
satisfactory workmanlike manner. The Contractor shall exhibit respect for the
citizens and their individual private properties. All operations shall be conducted
under the review of a City Representative. The Contractor shall have and require
strict compliance with a written Code of Ethics. The Contractor will supervise and/or
direct all contracted services. The Contractor is solely responsible for the means,
methods, techniques, safety program and procedures. The Contractor will employ
and maintain on the work site a qualified supervisor who shall have full authority to
act on behalf of the Contractor and all communications given to the supervisor by the
City’s Authorized Representative shall be as binding as if given to the Contractor.
4.4 Damages:
The Contractor shall be responsible for conducting operations in such a manner as
to cause the minimum damage possible to existing public, private and commercial
property and/or infrastructure. Contractor shall also be responsible for any property
damages solely caused or the result of the negligence of its employees and
subcontractors as set out in Sections 1.2 through 1.5 of this Contract. However, in
no event shall the Contractor’s liability hereunder exceed the dollar amount paid or to
be paid to Contractor for its services under this Contract.
4.5 Other Contractor(s):
The Contractor shall acknowledge the presence of other contractors involved in
disaster response and recovery activities by the federal, state and local government
and of any private utility, and shall not interfere with their work.
4.6 Ownership of Debris (optional):
All debris, including regulated hazardous waste, shall become the property of the
Contractor for removal and lawful disposal. The debris will consist of, but not limited
to vegetative, construction and demolition, white goods and household solid waste.
4.7 Disposal of Debris:
Unless otherwise directed by the City, the Contractor shall be responsible for
determining and executing the method and manner for lawful disposal of all eligible
debris, including regulated hazardous waste. The primary location of the reduction
and disposal site(s) shall be determined by the City and Contractor. Other sites may
be utilized as directed and/or approved by the City.
4.8 Federal-Aid Requirements:
The Contract provisions of the Federal Highway Administration’s Form FHWA-1273
(Appendix C), titled “Required Contract Provisions – – Federal-Aid Construction
Contracts” and FEMA FACT SHEET 9580.214, "Debris Removal on Federal-
Aid Highways, shall apply to all work performed by the Contractor or any of its
Subcontractors.
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4.9 FEMA PROVISIONS
1. Equal Employment Opportunity. CONTRACTOR shall comply with Executive Order
(E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 1 1375, "Amending
Executive Order 1 1246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor." During the
performance of this contract, CONTRACTOR agrees as follows:
(1) CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. CONTRACTOR will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) CONTRACTOR will, all solicitations or advertisements for employees placed by or on behalf
of CONTRACTOR, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) CONTRACTOR will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to
the compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
CONTRACTOR's legal duty to furnish information.
(4) CONTRACTOR will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of CONTRACTOR's commitments
under this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(5) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
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(7) In the event of CONTRACTOR's noncompliance with the nondiscrimination clauses of the
Purchase Order or with any of the said rules, regulations, or orders, this Purchase Order may be
canceled, terminated, or suspended in whole or in part and CONTRACTOR may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(8) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, CONTRACTOR may request the United States to enter into such litigation to protect
the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Purchase Order.
The applicant agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive Order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor pursuant
to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakings, the administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such applicant; and refer the case to the Department
of Justice for appropriate legal proceedings.
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C.276c).
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(1) Contractor. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this Addendum.
(2) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontractors
the clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7).
(1) All transactions regarding the Purchase Order shall be done in compliance with the Davis-
Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as
may be applicable. CONTRACTOR shall comply with 40 U.S.C. 3141-3144, and 3146- 3148
and the requirements of 29 C.F.R. pt. 5 as applicable.
(2) Contractors are required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor.
(3) Additionally, contractors are required to pay wages not less than once a week.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in subparagraph (1) of this Section, CONTRACTOR, and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
subparagraph (1) of this Section, in the sum of $27 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in subparagraph (1) of
this Section.
(3) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by
CONTRACTOR or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph
(1) of this Section.
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(4) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses
set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in subparagraphs (1) through (4) of this Section.
5. Clean Air Act (42 U.S.C. 7401 et seq.)
(1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees
that the CITY will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) CONTRACTOR agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA. 6
6. The Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
(1) CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees
that the CITY will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) CONTRACTOR agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA. 7
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors who apply or bid for an
award of $100,000 or more shall file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, officer or employee of Congress, or an employee of a Member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient who in turn will forward the certification(s) to the awarding agency.
8. Debarment and Suspension (E.O.s 12549 and 12689).
(1) The Purchase Order is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, CONTRACTOR is required to verify that none of the contractor’ s principals
(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart
C, and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
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(3) This certification is a material representation of fact relied upon by CITY. If it is later
determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to CITY, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while the Purchase Order is valid. CONTRACTOR further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
9. Procurement of Recovered Materials.
(1) In the performance of the Purchase Order, the CONTRACTOR shall make maximum use of
products containing recovered materials that are EPA - designated items unless the product
cannot be acre quired: a. Competitively within a time frame providing for compliance with the
contract performance schedule.
b. Meeting contract performance requirements; or C. At a reasonable price. (2) Information
about this requirement, along with the list of EPA-designated items, is available at EPA’s
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive -
procurement - guideline - cpg - program. (3) The CONTRACTOR also agrees to comply with all
other applicable requirements of Section 6002 of the Solid Waste Disposal Act
10. Access to Records.
(1) CONTRACTOR agrees to provide CITY, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representatives access to any books,
documents, papers, and records of the CONTRACTOR which are directly pertinent to the
Purchase Order for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) CONTRACTOR agrees to provide the FEMA Administrator his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
Purchase Order
(4) In compliance with the Disaster Recovery Act of 2018, the CITY and CONTRACTOR
acknowledge and agree that no language in this contract is intended to prohibit audits or internal
reviews by the FEMA Administrator or the Comptroller General of the United States.
11 Use of DHS Seal, Logo, and Flags. The CONTRACTOR shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre-approval.
12. No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or
any other party pertaining to any matter resulting from the contract.
13. Program Fraud and False or Fraudulent Statements or Related Acts. The
CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the CONTRACTOR’s actions pertaining to this
contract.
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14. Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
15. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards as required by the provisions of 24 CFR Part 570.503 (b) (4)
and 24 CFR Part 570.502.
5.0 GENERAL TERMS AND CONDITIONS
5.1 Geographic Assignment:
The geographic boundary for work by the Contractor’s crews shall be as directed by
the City and will be limited to properties located within the City legal boundaries.
5.2 Multiple, Scheduled Passes (optional):
The Contractor shall make scheduled passes at the direction of the City and/or
unscheduled passes of each area impacted by the storm event. The City shall direct
the interval timing of all passes. Sufficient time shall be permitted between
subsequent passes to accommodate reasonable recovery and additional debris
placement at the ROW by the citizens and the City.
5.3 Operation of Equipment:
The Contractor shall operate all trucks, trailers and all other equipment in compliance
with any/all applicable federal, state and local rules and regulations. Equipment shall
be in good working condition. All loading equipment shall be operated from the road,
street or ROW using buckets and/or boom and grapple devices to collect and load
debris. No equipment shall be allowed behind the curb or outside of the public ROW
unless otherwise directed by the City. Should operation of equipment be required
outside of the public ROW, the City will provide a Right-of-Entry Agreement, as set
out in Section 1.6 of this Contract.
5.4 Certification of Load Carrying Capacity:
The Contractor shall submit to the City a certified report indicating the type of
vehicle, make and model, license plate number and/or trailer VIN number, assigned
debris hauling number and measured maximum volume, in cubic yards, of the load
bed of each piece of equipment to be utilized to haul debris.
The measured volume of each piece of equipment shall be calculated from the actual
physical measurement performed by the City and Contractor Representative(s). A
standard measurement form certifying actual physical measurements of each piece
of equipment shall be an attachment to the certified report(s) submitted to the City.
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5.5 Vehicle Information:
The maximum load capacity of each hauling vehicle will be rounded to the nearest
whole cubic yard (CY). (Decimal values of .1 through .4 will be rounded down and
decimal values of .5 through .9 will be rounded up.) The measured maximum load
capacity (as adjusted) of any vehicle load bed will be the same as shown on the
trailer measurement form and painted on each numbered vehicle or piece of
equipment used to haul debris. All vehicles or equipment used for hauling will have
and use a Contractor approved tailgate, and sideboards will be limited to those that
protect the load area of the trailer.
5.6 Security of Debris During Hauling:
The Contractor shall be responsible for the security of debris on/in each vehicle or
piece of equipment utilized to haul debris. Prior to leaving the loading site(s), the
Contractor shall ensure that each load is secure and trimmed so that no debris
extends horizontally beyond the bed of the equipment in any direction. All loose
debris shall be reasonably compacted and secured during transport. As required,
the Contractor will survey the primary routes used by the Contractor and recover
fallen or blown debris from the roadway(s).
5.7 Traffic Control:
The Contractor shall mitigate impact on local traffic conditions to all extents possible.
The Contractor is responsible for establishing and maintaining appropriate traffic
control in accordance with the latest Manual of Uniform Traffic Control Devices. The
Contractor shall provide sufficient signing, flagging and barricading to ensure the
safety of vehicular and pedestrian traffic at all debris removal, reduction and/or
disposal site(s).
5.8 Work Days/Hours:
The Contractor may conduct debris removal operations from sunup to sundown,
seven days per week. Any mechanical, debris reduction operations or burning
operations may be conducted 24 hours a day, seven days per week. Adjustments to
work days and/or work hours shall be as directed by the City following consultation
and notification to the Contractor.
5.9 Hazardous and Industrial Wastes:
The Contractor shall set aside and reasonably protect all hazardous or industrial
materials encountered during debris removal operations for collection and disposal in
accordance with the Contractor’s Hazardous and Industrial Materials Cleanup and
Disposal Plan. The Contractor will build, operate and maintain a Hazardous Waste
and Industrial Material Storage area until proper disposal of such waste is feasible.
The Contractor may use the subcontracting services of a firm specializing in the
management and disposal of such materials and waste, if/when directed by the City.
5.10 Stumps:
All hazardous/eligible stumps identified by the City will be pulled, loaded,
transported, stored, reduced and disposed in accordance with the standards of this
Contract. All stumps will be documented, invoiced and paid in accordance with
Stump Conversion Table – Diameter to Volume Capacity.
14
5.11 Utilizing Local Resources:
The Contractor shall, to the extent possible, give priority to utilizing resources within
the City. Debris Contract local preferences will include, but not limited to,
procurement of services, supplies and equipment, plus awarding service
subcontracts and employment to the local work force.
5.12 Work Safety:
The Contractor shall provide and enforce a safe work environment as prescribed in
the Occupational Safety and Health Act of 1970, as amended. The Contractor will
provide such safety equipment, training and supervision as may be required by the
City and/or Government. The Contractor shall ensure that its subcontracts contain a
similar safety provision.
5.13 Inspection and Testing:
All debris shall be subject to adequate inspection by the City or any public authority
in accordance with generally accepted standards to ensure compliance with the
Contract and applicable federal, state and local laws. The City will, at all times, have
access to all work sites and disposal areas. In addition, authorized representatives
and agents of the Government shall be permitted to inspect all work, materials,
invoices and other relevant records and documentation.
5.14 Other Agencies:
The term “Government” as used in this Contract refers to those governmental
agencies, which may have a regulatory or funding interest in this Contract.
6.0 REPORTS, CERTIFICATIONS and DOCUMENTATION
6.1 Accountable Debris Load Forms:
The City shall accept the serialized copy of the Contractor’s debris reporting ticket(s)
as the certified, original source documents to account for the measurement and
accumulation of the volume of debris delivered and processed at the reduction
and/or disposal site(s). The serialized ticketing system will also be used in the event
of additional debris handling for volume reduction and/or the possible requirement for
a debris transfer station(s). These tickets shall be used as the basis of any
electronic generated billing and/or report(s).
6.2 Reports:
The Contractor shall submit periodic, written reports to the City as requested or
required, detailing the progress of debris removal and disposal. These reports may
include, but not limited to:
6.2.1 Daily Reports:
The daily reports may detail the location where passes for debris removal
were conducted, the quantity of debris (by type) removed and disposed and
the total number of personnel crews engaged in debris management
operations and the number of grinders, chippers and mulching machines in
operation. The Contractor will also report damages to private property
caused by the debris operation or damage claims made by citizens and such
other information as may be required to completely describe the daily conduct
of the Contractor’s operations.
6.2.2 Weekly Summaries:
15
A summary of all information contained in the daily reports as set out in
Section 6.2.1 of this Contract or in a format required by the City.
6.2.3 Report(s) Delivery:
The scheduling, point of delivery and receiving personnel for the debris
operations report(s) will be directed by the City in consultation with the
Contractor.
6.2.4 Final Project Closeout:
Upon final inspection and/or closeout of the project by the City, the
Contractor shall prepare and submit a detailed description of all debris
management activities to include, but not limited to the total volume, by type
of debris hauled, reduced and/or disposed, plus the total cost of the project
invoiced to the City. If requested, any other additional information as may be
necessary to adequately document the conduct of the debris management
operations for the City and/or Government.
6.3 Additional Supporting Documentation:
The Contractor shall submit sufficient reports and/or documentation for debris
loading, hauling, disposal, and load capacity measurements as may reasonably be
required by the City and/or Government to support requests for debris project
reimbursement from external funding sources.
6.4 Report Maintenance:
Contractor will be subject to audit by federal, state and local agencies pursuant to
this Contract. The Contractor will maintain all reports, records, debris reporting
tickets and contract correspondence for a period of not less than three (3) years.
6.5 Contract File Maintenance:
The Contractor will maintain this Contract and the invoices that are generated for the
contracted services for a period of five (5) years or the period of standard record
retention of the City, whichever is longer.
7.0 UNIT PRICES and PAYMENTS
7.1 See RFP Fee Schedule
7.2 Billing Cycle:
The Contractor shall invoice the City on a 30 day basis reflecting the close of
business on the last working day of the billing period. Serialized debris reporting
tickets and disposal site verification of the actual cubic yardage for each load of
debris or itemized stumps will support all invoices.
7.3 Payment Responsibility:
The City agrees to accept the Contractor’s invoice(s) and supporting documentation
as set out in Section 6.3 of this Contract and process said invoices for payment
within 15 business days of the receipt thereof. The City will advise the Contractor
within five (5) working days of receiving any debris service invoice that requires
additional information for approval to process for payment.
7.4 Ineligible Work:
16
The Contractor will not be paid for the removal, transportation, storage, reduction
and/or disposal of any material or stumps as may be determined by the City and/or
Government as ineligible debris.
7.4.1 Eligibility Inspections:
The Contractor and City will inspect each load to verify the contents are in
accordance with the accepted definition of eligible debris, as set out in
Section 1.1 of this Contract.
7.4.2 Eligibility Determinations:
If any load is determined to contain material that does not conform to the
definition of eligible debris, the load will be ordered to be deposited at another
landfill or receiving facility and no payment will be allowed for that load and
the Contractor will not invoice the City for such loads.
7.5 Unit Price/Service Negotiations:
Unknown and/or unforeseen events or conditions may require an adjustment to the
stated unit prices in Section 7 of this Contract. Any amendments, extensions or
changes to the scope of contracted services or unit prices are subject to full
negotiation(s) between the City and the Contractor and subject to the review of the
Government and must comply with Section 8.3 of this Contract.
7.6 Specialized Services:
The Contractor may invoice the City for costs incurred to mobilize and demobilize
specialized equipment required to perform services in addition to those specified
under Section 1.0 of this Contract. Additional specialized services will only be
performed if/when directed by the City. The rate for specialized mobilization and
demobilization shall be fair and reasonable as determined by the City.
8.0 MISCELLANEOUS
8.1 Notice:
Whenever in this Contract it is necessary to give notice or demand by either party to
the other, such notice or demand shall be given in writing and forwarded by certified
or registered mail and addressed as follows:
Contractor: CrowderGulf
5629 Commerce Blvd E
Mobile, AL 36619
800-992-6207
jramsay@crowdergulf.com
City/County/Town: _City of Coppell ___
Address_255 Parkway Blvd. ____
City, ST Zip_Coppell, Texas 75019 __
Phone _(972) 462-0022 ___
Websitel www.coppelltx.gov
17
8.2 Applicable Law:
The laws of the State of Texas shall govern this Contract. Any and all legal action
necessary to enforce the Contract will be held in Denton County, Texas, and the
Contract shall be interpreted by the laws of Texas.
8.3 Entire Contract/Amendments:
This Contract (including any schedules or exhibits attached hereto) constitutes the
entire Contract and understanding between the parties with respect to the matters
contained herein. This Contract supersedes any prior contracts, negotiations,
proposals, agreements and/or understandings, whether verbal or written, relating to
the subject matter hereof. This Contract may be modified, amended or extended
only by a written instrument executed by both parties.
8.4 Waiver:
In the event one of the parties waives a default by the other, such a waiver shall not
be construed or deemed to be a continuing waiver of any subsequent breach or
default of the other provisions of this Contract, by either party.
8.5 Severability:
If any provision of this Contract is deemed or becomes invalid, illegal or unenforceable
under the applicable laws or regulations of any jurisdiction, such provision will be
deemed amended to the extent necessary to conform to applicable laws or
regulations. If it cannot be so amended without materially altering the intention of the
parties, it will be stricken and the remainder of this Contract will remain in full force and
effect.
IN WITNESS WHEREOF, the Contractor has caused this Contract to be signed in its corporate
name by its authorized representative and the City has caused this Contract to be signed in its
legal name by persons authorized to execute said Contract as of the day and year first written
above on page one.
CrowderGulf, LLC. City of Coppell, TX
By: _________________________________ By: _______________________________
Name: Name:
Title: Title: ______________________________
ATTEST: ATTEST:
______________________________ ________________________________
Name: Name:
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DEBRIS REMOVAL CONTRACT
THIS CONTRACT is made and entered this the ___ day of ____________2022, by and between the
City of Coppell, a political subdivision of the State of Texas, (hereinafter referred to as “CITY”) and
TFR Enterprises, Inc, a corporation duly authorized to do business in the State of Texas, (Hereinafter
referred to as (“CONTRACTOR”).
For and in consideration of mutual promises to each as hereinafter set forth, the parties hereto do mutually
agree as follows:
1.SCOPE OF SERVICES. CONTRACTOR hereby agrees to provide the services and/or
materials under this Contract pursuant to the provisions and specifications identified in the City of
Coppell Request for Proposal regarding debris removal. Work will commence only upon a City
issued Notice to Proceed. “Exhibit A” (TFR Enterprises, Inc.’s response to City’s RFP) and the
Request for Proposal are hereby incorporated herein and made a part of this Contract. Time is of
the essence with respect to all provisions of this Contract that specify a time for performance.
Work of this contract shall be completed within 180 days of the date of the Notice to Proceed.
2.TERM OF CONTRACT. The term of the Contract for Services shall be 12 months from date of
award.
3.PAYMENT TO CONTRACTOR. CONTRACTOR shall submit invoices to CITY weekly and
shall receive from CITY the amounts set forth in “Exhibit A” being the applicable unity prices
multiplied by those quantities agreed to by the CITY’s appointed Debris Monitor.
CITY agrees to pay CONTRACTOR at the rates specified in “Exhibit A” for Services performed
to the satisfaction of the CITY, in accordance with this Contract. Unless otherwise specified,
CONTRACTOR shall submit an itemized invoice to the CITY by the end of each week during
which Services are performed. A Purchase Order number may be assigned to encumber the funds
associated with this Contract and must appear on all invoices and correspondence mailed to
Purchaser. Payment will be processed promptly upon receipt and approval of the invoice by
CITY.
4.INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR is
an independent contractor and shall not represent itself as an agent or employee of CITY for any
purpose in the performance of CONTRACTOR’s duties under this Contract. Accordingly,
CONTRACTOR shall be responsible for payment of all federal, state and local taxes as well as
business license fees arising out of CONTRACTOR’s activities in accordance with this Contract.
For Purposes of this Contract taxes shall include, but not be limited to, Federal and State Income,
Social Security and Unemployment Insurance taxes.
CONTRACTOR, as an independent contractor, shall perform the Services required hereunder in a
professional manner and in accordance with the standards of applicable professional
organizations and licensing agencies.
5.INSURANCE AND INDEMNITY. To the fullest extent permitted by laws and regulations,
CONTRACTOR shall indemnify and hold harmless the CITY and its officials, agents and
employees from and against all claims, damages, losses, and expenses, direct, indirect, or
consequential (including but not limited to fees and charges of engineers or architects, attorneys,
and other professionals and costs related to court action or arbitration ( arising out of or resulting
from CONTRACTOR’s performance of this Contract or the actions of the CONTRACTOR or its
officials, employees, or contractors under this Contract or under contracts entered into by the
CONTRACTOR in connection with this Contract. This indemnification shall survive the
termination of this Contract.
CONTRACTOR shall purchase and submit to the City both a payment bond and a performance
bond for the work being performed.
In addition, CONTRACTOR shall comply with Texas Workers’ Compensation laws and shall
provide for the payment of workers’ compensation to its employees in the manner and to the
extent required by law. CONTRACTOR shall also maintain Employers’ Liability insurance
limits of not less than $1,000,000 per accident and $1,000,000 each employee for injury or
disease. CONTRACTOR shall name the CITY as an additional insured on all insurance policies.
Additionally, CONTRACTOR shall maintain, at its expense, the following minimum insurance
coverage:
$1,000,000 per occurrence / $2,000,000 aggregate – Bodily Injury Liability, and
$1,000,000 – per occurrence / $1,000,000 annual aggregate – Commercial General
Liabilty
$100,000 – Property Damage Liability, or
$1,000,000 per occurrence / $2,000,000 aggregate – Combined Single Limit Bodily
Injury and Property Damage
The CONTRACTOR shall maintain during the life of this contract automobile/vehicle liability
insurance. Such coverage shall be written on a comprehensive form covering owned, non-owned
and leased vehicles. Unless otherwise specified, this coverage shall be written providing liability
limits at least in the amount of $1,000,000.
CONTRACTOR, upon execution of this Contract, shall furnish to the CITY a Certificate of
Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty
(30) days advance written notice in the event of a decrease, termination or cancellation of
coverage. Providing and maintain adequate insurance coverage is a material obligation of the
CONTRACTOR. All such insurance shall meet all laws of the State of Texas. Such insurance
coverage shall be obtained from companies that are authorized to provide such coverage and that
are authorized by the Commissioner of Insurance to do business in Texas. The CONTRACTOR
shall at all times comply with the terms of such insurance policies, except as they may conflict
with existing Texas laws or this Contract. The limits of coverage under each insurance policy
maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR’s
liability and obligations under the Contract.
6. HEALTH AND SAFETY. CONTRACTOR shall be responsible for initiating, maintaining, and
supervising all safety precautions and programs required by OSHA and all other regulatory
agencies while providing Services under this Contract. Contractor shall assign a safety officer to
the project for the duration of the contract.
7. NON-DISCRIMINATION IN EMPLOYMENT. CONTRACTOR shall not discriminate
against any employee or applicant for employment because of age, sex, race, creed, national
origin, or disability. CONTRACTOR shall take affirmative action to ensure that qualified
applicants are employed and that employees are treated fairly and legally during employment
with regard to their age, sex, race, creed, national origin, or disability. In the event
CONTRACTOR is determined by the final order of an appropriate agency or court to be in
violation of any non-discrimination provision of federal, state or local law, or this provision, this
Contract may be canceled, terminated, or suspended in whole or in party by the CITY, and
CONTRACTOR may be declared ineligible for further CITY contracts.
8. SUB-CONTRACTING. CONTRACTOR shall not discriminate against any potential sub-
contractor because of age, sex, race, creed, national origin, or disability. CONTRACTOR shall
take affirmative action to ensure that historically underutilized businesses, women owned
businesses, and minority owned businesses are given a chance to provide sub-contracting work
under this contract. Additionally, all sub-contractors shall be treated fairly and legally with
regard to their age, sex, race, creed, national origin, or disability. In the event CONTRACTOR is
determined by the final order of an appropriate agency or court to be in violation of any non-
discrimination provision of federal, state or local law or this provision, this Contract may be
canceled, terminated or suspended in whole or in party by CITY, and CONTRACTOR may be
declared ineligible for further CITY contracts. CONTRACTOR is allowed to sub-contract a
portion of the work performed under this contract. However, CONTRACTOR must first obtain
the CITY’s consent prior to hiring a sub-contractor.
9. GOVERNING LAW. This Contract shall be governed by and in accordance with the laws of
the State of Texas. All actions relating in any way to this Contract shall be brought in District
Court in Dallas County, Texas.
10. TERMINATION OF CONTRACT. This Contract may be terminated, without cause, by either
party at any time upon giving thirty (30) days written notice to the other party. This termination
notice period shall start upon mailing of the notice of termination via certified mail. Such a
termination does not bar either party from pursuing a claim for damages for breach of the
contract.
This Contract may be terminated, for cause, by the non-breaching party notifying the breaching
party of a substantial failure to perform in accordance with the provisions of this Contract and if
the failure is not corrected within ten (10) days of receipt of the notification. Upon such
termination, the parties shall be entitled to such additional rights and remedies as may be allowed
by relevant law.
Termination of this Contract, either with or without cause, shall not form the basis of any claim
for loss of anticipated profits by either party.
11. SUCCESSORS AND ASSIGNS. CONTRACTOR shall not assign its interest in this Contract
without the written consent of CITY. CONTRACTOR has no authority to enter into contracts on
behalf of CITY.
12. COMPLIANCE WITH LAWS. CONTRACTOR represents that it is in compliance with all
federal, state, and local laws, regulations or orders, as amended or supplemented. The
implementation of this Contract shall be carried out in strict compliance with all federal, state, or
local laws.
13. NOTICES. All notices which may be required by this contract or any rule of law shall be
effective when received by certified mail sent to the following addresses:
City of Coppell
City Secretary
255 Parkway Blvd.
Coppell, TX 75019
TFR Enterprises, Inc
Tiffany Jean
601 Leander Drive
Leander, TX 78641
512-565-0710
14. RECORDS RETENTION AND REVIEW. The CONTRACTOR shall retain all records
pertaining to the services and the contract for these services and make them available to the CITY
for a period of seven (7) years following the receipt of final payment for the services referenced
herein.
15. AUDIT RIGHTS. For all Services being provided hereunder, CITY shall have the right to
inspect, examine, and make copies of any and all books, accounts, invoices, records and other
writings relating to the performance of the Services. Audits shall take place at times and
locations mutually agreed upon by both parties. Notwithstanding the foregoing, CONTRACTOR
must make the materials to be audited available within one (1) week of the request for them.
16. CITY NOT RESPONSIBLE FOR EXPENSES. CITY shall not be liable to CONTRACTOR
for any expenses paid or incurred by CONTRACTOR, unless otherwise agreed in writing.
17. EQUIPMENT. CONTRACTOR shall supply, at its sole expense, all equipment, tools,
materials, and/or supplies required to provide Services hereunder, unless otherwise agreed in
writing. CONTRACTOR must utilize mechanical equipment to load the debris and
CONTRACTOR must reasonably compact debris into trucks and trailers in accordance with
FEMA requirements and guidelines.
18. ENTIRE CONTRACT. This Contract, including “Exhibit A”, and the Request for Proposal,
shall constitute the entire understanding between CITY and CONTRACTOR and shall supersede
all prior understandings and agreements relating to the subject matter hereof and may be amended
only by written mutual agreement of the parties.
19. HEADINGS. The subject headings of the sections are included for purposes of convenience
only and shall not affect the construction or interpretation of any of its provisions. This Contract
shall be deemed to have been drafted by both parties and no interpretation shall be made to the
contrary.
20. EXISTENCE. CONTRACTOR warrants that it is a corporation duly organized, validly existing,
and is duly qualified to do business in the State of Texas and has full power and authority to enter
into and fulfill all the terms and conditions of this contract.
21. CORPORATE AUTHORITY. By execution hereof, the person signing for CONTRACTOR
below certifies that he/she has read this Contract and that he/she is duly authorized to execute this
Contract on behalf of the CONTRACTOR.
22. WRITTEN NOTICE TO PROCEED. The CITY shall issue an official written Notice to
Proceed for the services referenced in the contract. The notice shall be sent via facsimile
followed by regular mail. Under no circumstances shall the CITY be liable for any services
rendered unless the written Notice to Proceed has been sent and received by the CONTRACTOR.
CONTRACTOR must acknowledge receipt of the written Notice to Proceed.
23. AMENDMENTS. This contract shall not be modified or otherwise amended except in writing
signed by authorized personnel on behalf of both parties. All change orders shall be in writing.
Oral changes are expressly prohibited and will not be recognized.
IN TESTIMONY WHEROF, the parties have expressed their agreement to these terms by causing
this Service Contract to be executed by their duly authorized office or agent.
CONTRACTOR CITY OF COPPELL, TEXAS
BY: ______________________________ By: _____________________________
NAME: ___________________________ NAME: _________________________
TITLE: ___________________________ TITLE: __________________________
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EXHIBIT “A”
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CONTRACT FOR DISASTER DEBRIS REMOVAL REDUCTION DISPOSAL AND
OTHER EMERGENCY DEBRIS RELATED SERVICES
THIS CONTRACT FOR CONTRACT FOR DISASTER DEBRIS REMOVAL
REDUCTION DISPOSAL AND OTHER EMERGENCY DEBRIS RELATED SERVICES
entered into on this __ day of 2022 (hereafter “Contract” or “Agreement”), by and
between the City of Coppell, Texas (hereafter the “Government”), represented herein by its
authorized representative below, and DRC Emergency Services, LLC (hereafter “Contractor”),
represented herein by its authorized representative below.
WITNESSETH that Government and Contractor, in consideration of the mutual
covenants, promises and agreements set forth herein agree as follows:
SCOPE OF CONTRACT: The Contractor shall perform and provide all those services
and work for the benefit of the Government in accordance with and as set forth in the “Contract
Documents” defined below.
CONTRACT DOCUMENTS: The “Contract Documents” consist of:
(a) The Government’s Request for Proposal No. 20-020, all documents referenced
therein, and any amendments thereto (collectively, the “RFP”); and,
(b) Contractor’s Proposal submitted in response to the RFP.
CONTRACT TERM: See RFP.
All of the above-described Contract Documents are expressly adopted and incorporated herein by
reference and form part of this Contract.
THUS DONE AND SIGNED, the parties have caused this Contract to be duly executed
intending to be bound thereby on this __ day of 2022.
CITY OF COPPELL, TEXAS DRC EMERGENCY SERVICES, LLC
______________________________ ______________________________
(Signature) (Signature)
______________________________ ______________________________
(Print Name) (Print Name)
PAGE 1 EXHIBIT “A” TO AGREEMENT FOR DEBRIS REMOVAL AND DISPOSAL SERVICES: CITY OF FARMERS
BRANCH AND DRC EMERGENCY SERVICES, LLC
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Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6540
File ID: Type: Status: 2022-6540 Agenda Item Agenda Ready
1Version: Reference: In Control: Fire
09/26/2022File Created:
Final Action: 2022 Fire Personal Protective EnsemblesFile Name:
Title: Consider approval to purchase replacement of Fire Personal Protective
Ensembles, Bunker Gear, for Structural Fire Fighting (coat, pants, escape
belt/harness, and suspenders) from North American Fire Equipment
Company though Buy Board contract #603-20 in the amount of $67,200.00 as
budgeted; and authorizing the City Manager to sign any necessary
documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Quote.pdf, NFPA1851-2020 Edition
10.1.3.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6540
Title
Consider approval to purchase replacement of Fire Personal Protective Ensembles, Bunker
Gear, for Structural Fire Fighting (coat, pants, escape belt/harness, and suspenders) from North
American Fire Equipment Company though Buy Board contract #603-20 in the amount of
$67,200.00 as budgeted; and authorizing the City Manager to sign any necessary documents.
Summary
See attached staff memo
Fiscal Impact:
Funds for replacement of Fire Personal Protective Ensembles for Structural Fire Fighting are
budgeted in the Fire Departments FY22-23 in the amount of $67,200.00.
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6540)
Staff Recommendation:
The Fire Department recommend approval.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 10/7/2022
1
To:
From:
Date:
Reference:
2040:
MEMORANDUM
Mayor and City Council
Kevin Richardson, Fire Chief
October 11, 2022
Consider approval to purchase replacement of Fire Personal Protective Ensembles,
Bunker Gear, for Structural Fire Fighting (coat, pants, escape belt/harness, and
suspenders) from North American Fire Equipment Company through Buy Board
contract #603-20 in the amount of $67,200.00, as budgeted; and authorizing the City
Manager to sign any necessary documents.
Pillar 0: Sustainable City Government
Introduction:
The Fire Department is requesting to purchase Lion Group, Inc. Fire Personal Protective Ensembles,
Bunker Gear, for Structural Fire Fighting (coat, pants, escape belt/harness, and suspenders) from
North American Fire Equipment Company (NAFECO) under Buy Board contract #603-20, as
budgeted in FY22-23.
The Fire Department conducts a Personal Protective Equipment Risk Assessment every two years as
required by the Texas Commission on Fire Protection. Based on the risk assessment, the Lion Group
Inc. V-Force Model Personal Protective Ensemble meets or exceeds the requirements needed in
design, performance and testing of protective ensembles and ensemble elements that provide head,
limb, hand, foot, torso and interface protection for firefighters and other emergency service
responders. NAFECO is the sole supplier of Lion Group, Inc. Personal Protective Equipment in the
state of Texas.
Background:
The Fire Department budgets annually to replace Personal Protective Ensembles for Structural Fire
Fighting as required by NFPA 1851 Chapter 10 Retirement, Disposition and Special Incident
Procedure, which states “Structural firefighting ensembles and ensemble elements shall be retired, no
more than 10 years from the date the ensembles or ensemble elements were manufactured, or when
damaged beyond repair.”
With recent research of cancer and its impact to the fire service, it is believed that being able to
remove the dirty and contaminated gear as soon as possible after the fire will reduce the exposure to
2
cancer causing substances. It is the departments mission to limit the exposure to these contaminates
which have been found to lead to various types of cancer in the fire service.
At this time, each firefighter is issued two sets of Personal Protective Ensembles to ensure safe
removal and cleaning of contaminated ensembles following a Structural Fire or other contamination
incident. This safeguards a firefighter’s ability to don an uncontaminated set during further
emergency response calls and provides time for proper cleaning of contaminated Bunker Gear.
Benefit to the Community:
Protecting the overall health and safety of firefighting personnel by providing adequate protective
clothing during fire and other hazardous situations and providing adequate time to properly
decontaminate that equipment is critical to ensuring exceptional emergency response to the
community. Approval of this agenda item also ensures compliance with industry standards.
Legal Review:
N/A
Fiscal Impact:
Funds for replacement of Fire Personal Protective Ensembles for Structural Fire Fighting are
budgeted in the Fire Departments FY22-23 budget in the amount of $67,200.00.
Recommendation:
The Fire Department recommends approval.
Contact Sales Rep # Sales Rep. Ordered By PSGQ Sales Quote
Hansen 82 D Stewart 972-304-3512 PSGQ13588-J TBP
Line Item Qty. Description Unit Total
1 CVFM 1 Lion ® / V-Force Model, PBI Max, isodri K9 Liner $1,843.90
2 PVFM 1 Lion ® / V-Force Model Belted, PBI Max, isodri K9 Liner $1,225.68
3 BHS021 1 1983 Certified Escape Belt; FI6140014 $200.27
4 BHS013 1 Standard Kevlar belt N/C
5 BL044 1 Harness Belt Loops $21.51
6 BL042 1 Harness Straps $12.29
7 BL045 1 Harness Strap $4.61
8 BHS058 1 Pant Harness system $508.61
9 SR836X 1 36” V-Back Padded Suspenders Red $76.32
10 SR842X 1 42” V-Back Padded Suspenders Red $76.32
11 SR848X 1 48” V-Back Padded Suspenders Red $76.32
Subtotal
Shipping
Total
Date: 08/24/2022
Customer ID: COP098
BuyBoard# 603-20
Bill To:
City of Coppell
PO BOX 9478
COPPELL, TX 75019
Shipping Address:
City of Coppell
265. E. Parkway Blvd.
COPPELL, TX 75019
NAFECO Inc.
“North America Fire Equipment Co.”
1515 West Moulton Street
Decatur, AL 35601
Office: 800-628-6233
Damon’s Cell: 903-813-6569
Notes:
Copyright 2019 National Fire Protection Association (NFPA®). Licensed by agreement to Tim Oates FOR INDIVIDUAL USE ONLY and downloaded on 12/13/2019. No reproduction or transmission in any form permitted without
written permission of NFPA®. For inquiries or access for multiple users, or to report unauthorized use, contact licensing@nfpa.org.
RETIREMENT, DISPOSITION, AND SPECIAL INCIDENT PROCEDURE 1851-31
8.5.3 Small surface nicks shall be repaired in accordance with
the helmet element manufacturer's instructions.
8.5.4 Small scratches on the helmet shell shall be permitted to
be removed by using mildly abrasive compounds recommen-
ded by the helmet element manufacturer.
8.5.5 Helmet faceshield and goggle components that become
cracked or badly scratched shall be replaced.
8.6 Glove Element Repair. In addition to the requirements in
Section 8.1, all repairs to glove components shall be performed
in accordance with the glove element manufacturer's instruc-
tions.
8. 7 Footwear Element Repair.
8.7.1 In addition to the requirements in Section 8.1, all
repairs to footwear components shall be performed in accord-
ance with the footwear manufacturer's instructions.
8.7.2 Other than for the replacement of bootlaces and zipper
assemblies, the footwear manufacturer shall be contacted to
determine feasibility of the repair.
8.7.3 All replacement bootlaces and zippers shall be provided
by the footwear element manufacturer.
8.8 Structural Fire Fighting Hood and Proximity Fire Fighting
Helmet Overcover and Proximity Fire Fighting Shroud Repair.
9.1.6* ifssued ensembles and ensemble elements shall not be
allowed in lhing quarters. Contaminated or soiled clothing
t 1-~ li.-.---i • -' j ~hall not be; tran~ported in the Fab ~ffire dei:iarfinent app~ra1
,tus when n_ot bemg worn for operat10nal duties unless placed
~n an airtight protective case or bag to prevent cross con:tami~
'tion. If placed in a protective case or bag, the ensemble(s)I or
~bl~lerriei:rt(s)shall-beremoved from such envir~
pients as soon as possible following tr~~ort. Wet ensembles
~nsemble elements shall not be stored in a protective case or
bag µsed for transp~-
9.1. 7* Ensembles and ensemble elements shall not be stored
in contact with contaminants such as, but not limited: to, oils,
solvents, acids, or alkalis. ' I ., ____ ~
9.1.8 Proximity fire fighting protectiv<',. c:oat and tt.ouser
elements shall be stored by hanging to limit.the dall!age caused
by creasing and shall not be stored f_?lii?~< _\ . . .. ·" ·
fN, 9.1.9 Eye and face protection siiili bi!\r~)l~ily accessible to the
user and, when not in use, shall' .be sto;r'.ed ·in such a manner so
as to prevent at least ~e following:--:;,./
( 1) Thermal damail . f.'
(2) Mechani~a'rclamage, . ;•,:,··
(3) Hazan;ious·_rriater/als contamination
9.1.10 ,.-Ensemble and· ensemble element storage areas shall be
clean, di-y,,anl*ell ventilated.
In addition to the requirements in Section 8.1, all repairs to
hoods, helmet covers, and proximity shrouds shall b~--.
performed in accordance with the element manufacturers\\··.
instructions.j Repairs of these interface components containin{.'. __ _.-
a particulate blocking layer shall not be undertaken ~ \ '.
~uthorized by the manufacturer. -··· · . .',/ --
~ ~ ~ ~ ,.,.,.
C,~apter 10 Retirement, Disposition, and Special Incident
Procedure
10.1 Retirement.
8.9 Additional Requirements for Strucnfral \ Fire · FighiG.g
Ensembles and Proximity: Fire Fighting Ensem!>les with
Optional Liquid and Particulate Con~ .)>_rotection. In
addition to the requirements in ~SectiQI18i, "all repairs to
ensembles with optional Eguio and particulate contanimant
protection shall be refern;d tq the er:isemble manufacturer.
Chapt~r, 9····storage
9.1 * All~~iµbles an.d Ensemble Elements.
9.1:1:'!' Eiis~iri.bles or ensemble elements not in use shall not
b{rxp~sed to lighting that emits UV rays, including, but not
:-· limited _ to, fluorescent lighting, direct sunlight, and indirect
.i r h' ,:> ~un 1g_J.
' 9.1.2* Ensembles and ensemble elements shall be clean and
dry before storage.
9.1.3 Ensemble and ensemble elements shall not be stored in
airtight containers unless they are new and unissued.
9.1.4* Ensembles and ensemble elements shall not be stored
at temperatures below 832°C (t25°F) or above 82°C (180°F).
9.1.5 Ensembles and ensemble elements shall not be stored or
transported in compartments or trunks with sharp objects,
tools, or other equipment that could damage the ensembles or
ensemble elements. Where ensembles or ensemble elements
must be transported or stored in such environments, the
ensemble or element(s) shall be placed in a protective case or
bag to prevent damage.
10.1.1 * The organization shall develop specific criteria for
removal of structural fire fighting ensembles and ensemble
elements and proximity fire fighting ensembles and ensemble
elements from service, which includes, but is not limited to,
issues that are specific to the ensembles or ensemble elements
being used by the organization, the manufacturer's instruc-
tions, and the experience of the organization.
10.1.2* Structural fire fighting ensembles and ensemble
elements shall be retired in accordance with 10.2.1 or 10.2.2,
no more than 10 years from the date the ensembles or ensem-
ble elements were manufactured.
10.1.3 Proximity fire fighting ensembles and ensemble
elements shall be retired in accordance with 10.2.1 or 10.2.2,
no more than 10 years from the date the ensembles or ensem-
ble elements were manufactured.
10.1.3.1 * In all cases, the radiant reflective outer shell bf the
~----------' I garment element shall be rq>laced po more than 5 years from
'.the date the ensembles or ensemble elements were manufad
i:ured. .____,
f2SJ 10.1.4* Structural fire fighting ensembles and ensemble
elements and proximity fire fighting ensembles and ensemble
elements that are worn or damaged to the extent that the
organization deems it not possible or cost effective to repair
shall be retired in accordance with 10.2.1.
10.1.5* Structural fire fighting ensembles and ensemble
elements and proximity fire fighting ensembles and ensemble
elements that were not in compliance with the edition of the
applicable NFPA standard that was current when the ensembles
Shaded text= Revisions. f2S:I = Text deletions and figure/ table revisions. • = Section deletions. W. = New material. 2020 Edition
.)
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6560
File ID: Type: Status: 2022-6560 Agenda Item Agenda Ready
1Version: Reference: In Control: Engineering
10/04/2022File Created:
Final Action: FY23 Holiday LightsFile Name:
Title: Consider approval of and awarding RFP #190 for the annual Holiday Lights
Program to Premier Lighting Enterprises, LLC.; in the amount of $240,608.00
as budgeted; and authorizing the City Manager to sign any necessary
documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Premier Lighting RFP 190.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6560
Title
Consider approval of and awarding RFP #190 for the annual Holiday Lights Program to
Premier Lighting Enterprises, LLC.; in the amount of $240,608.00 as budgeted; and authorizing
the City Manager to sign any necessary documents.
Summary
Fiscal Impact:
The fiscal impact of this agenda item is $240,608.00; as budgeted in the General Fund.
Staff Recommendation:
The Public Works Department recommends approval.
Strategic Pillar Icon:
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6560)
Enhance the Unique 'Community Oasis' Experience
Page 2City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To:
From:
Date:
Reference:
2040:
Mayor and City Council
Steve Shore, Facilities Manager
Kent Collins, P.E., Director of Public Works
October 11, 2022
Consider approval of and awarding RFP #190 for the annual Holiday Lights
Program to Premier Lighting Enterprises, LLC.; in the amount of $240,608.00 as
budgeted; and authorizing the City Manager to sign any necessary documents.
Enhance the Unique 'Community Oasis' Experience
Introduction:
The purpose of this agenda item is to consider approval of and award of RFP #0190 for the Holiday
Lights Program to Premier Lighting Enterprises, LLC. in the amount of $240,608.00. This annually
recurring program is budgeted in the General Fund.
Background:
The Holiday Lights Program is an annual City sponsored Special Event. The Program provides
exterior lighting to all City facilities, the interior decorating of Town Center, the holiday trees in
front of Town Center and in Old Town, the decorating of Andrew Brown East, as well as
numerous photo opportunities around town. In addition, the Program will include the
decorating of several monuments and bridges at key entry points to the City. The contract includes
a 46’ tree that is placed at Andy Brown East for the tree lighting ceremony. The tree sits on a 6-foot
stand and has a grand topper, making the tree 56’.
The Holiday Lights Program was bid out as a Request for Proposal (RFP) and sent out for open bid
using BidSync. This process allows the City to award to the most responsive, responsible vendor
whose proposal is the most satisfactory and advantageous to the City based on the factors set forth
in the RFP. Ten potential vendors attended the pre-bid meeting with three submitting bids
for evaluation.
2
The vision for the program included a turn-key solution where all City facilities rooflines are lit in
warm white and red lights. The combination of colors provides a “pop”, while keeping a traditional
look. Wreaths and sprays will also be used to decorate the facilities, monuments, and bridges.
Benefit to the Community:
Holiday lights are integral to the experience residents enjoy during the holiday season. This contract
and program reflect the expectations around delivering a family experience in the City’s facilities
and parks.
Legal Review:
The City’s standard form contract is being utilized and is reviewed periodically by the City Attorney.
Fiscal Impact:
The fiscal impact of this agenda item is $240,608.00; as budgeted in the General Fund.
Recommendation:
The Public Works Department recommends approval of this item.
RFP #190 Facility and Parks Holiday Lights
Page 1 of 2
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
TRANSMITTAL OF ADDENDUM 1
INSTRUCTIONS:
1. ACKNOWLEDGE RECEIPT OF ADDENDUM IN PROPOSAL, ON OUTER
ENVELOPE OF BID.
I acknowledge the receipt of Addendum No. 1
City of Coppell
PROJECT NAME:
Facility and Parks Holiday Lights
May 26, 2022
PROCUREMENT SERVICES DEPARTMENT
972) 304-3644
RFP #190 Facility and Parks Holiday Lights
Page 2 of 2
CITY OF COPPELL • 255 PARKWAY BOULEVARD • COPPELL,TEXAS 75019
BUDGET REVISION
Due to the added scope of the proposal, the estimated budget amount that is
noted on Page 32, Section 2.5.5, has been revised at $250,000
RFP #190 FACILITY AND PARKS HOLIDAY LIGHTS
CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 21
STATEMENT OF WORK
BACKGROUND
Conveniently located in the center of the Dallas/Ft. Worth Metroplex, Coppell is described as a
beautiful, quiet and safe city. Attractive and consistently maintained corridors, streets, alleys, and
streetscapes add value to the community. It is our desire that you will visually know when you
are entering and exiting Coppell. We thrive on our dedicated commitment to the citizens to
provide continuous opportunities for building community throughout the year. Through the annual
city sponsored Special Events, we are able to provide such an experience for the community.
Every December, the city hosts a Lighted Parade and Tree Lighting Ceremony which officially
kicks off the Holiday season in Coppell. The event begins with a parade in which all floats are
lighted and themed to represent the holiday spirit in Coppell. The parade ends at Andrew Brown
East where the annual Tree Lighting Ceremony takes place. This ceremony includes the official
lighting of all City facilities, buildings, and trees. Excellent city services, outstanding parks and
facilities, safe neighborhoods, strong churches, and exemplary schools all provide for a high-
quality lifestyle and sense of community. It is our desire to maintain this standard of quality
visually through the Holiday lights and decorations. Therefore, the City of Coppell is seeking a
highly qualified and reputable holiday lights and décor vendor to install, maintain, and take down
all city facility lights as well as, design and decorate the inside of Town Center.
SECTION 1 - SPECIFICATIONS
1.1 INTRODUCTION
1.1.1 The City of Coppell invites sealed proposals from qualified vendors to provide a
turn-key approach for the City’s holiday light program. The Program may include
but is not limited to holiday lights and decoration, artistic projections and other
entertainment elements as agreed upon between Contractor and City throughout
specified areas of the City.
1.1.2 Contractors shall be responsible for installation, maintenance, removal, packaging,
storage and transport of seasonal lighting and non-lighted decorations.
1.1.3 Services provided by Contractor include materials, labor, supplies, equipment,
tools, transportation and other items necessary for installation and execution of the
Program.
1.2 SCOPE
1.2.1 The City of Coppell desires to utilize the uniqueness of its parks and facilities to
create a dramatic holiday light display that will decorate and benefit the community
during the holiday season. –
Unless noted as “city owned”, all lighting and décor shall be provided by contractor and
leased to The City of Coppell.
All “city owned” and leased lighting and décor shall be stored by contractor. No items
shall be stored in City facilities.
For the first year of service, all lighting and décor provided by contractor shall be new
material.
RFP #190 FACILITY AND PARKS HOLIDAY LIGHTS
CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 22
Contractor must provide aerial equipment, forklifts, and any other equipment that may be
necessary for installation and removal of lighting and décor.
Contractor must lay ¾” plywood on any grass surface where vehicles and aerial
equipment will be driven.
All contractor provided ornamentation must be red, green, and gold – with a variety of
matt, glitter, and shiny finishes.
1.3 LIGHTING AND DECORATIONS PLAN
1.3.1 The City has identified areas to be decorated.
1.3.2 AREA ONE – Facilities
Cozby Library and Community Commons – 177 N. Heartz Road
The CORE – 234 E. Parkway Blvd.
Grapevine Springs Community and Senior Center – 345 W. Bethel Road
Wagon Wheel Tennis Center – 950 Creekview Dr.
Fire Station #1 – 520 Southwestern Blvd.
Fire Station #2 – 366 S. MacArthur Blvd.
Fire Station #3 – 133 E. Parkway Blvd.
Fire Station #4 – 440 Northpointe.
Biodiversity Education Center – 367 Freeport Parkway
Justice Center – 130 Town Center Blvd.
Town Center Business Park - 265 E. Parkway Blvd
Andrew Brown East – 260 Parkway Blvd
o Grand Pavilion
o Restroom Building
o Phillips Pavilion
Service Center- 816. S Coppell Road
Animal Shelter and Adoption Center- 821 S. Coppell Road
Old Fire Administration – 500 Southwestern Blvd
Life Safety Park – 820 S. Coppell Rd.
Rolling Oaks Columbarium, Office building and Pavilion – 400 S. Freeport
Pkwy
Town Center – 255 Parkway Blvd.
Coppell Arts Center
The facilities listed consist of a minimum of building lights.
1.3.3 AREA TWO – Town Center – 255 Parkway Blvd. (Front, Back, Interior)
FRONT of Town Center:
RFP #190 FACILITY AND PARKS HOLIDAY LIGHTS
CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 23
COPPELL TOWN CENTER OUTDOOR DECOR
12) TREES NEAR REAR ENTRANCE WITH WARM WHITE MINI LIGHTS IN FOLIAGE
20’ LIT & ORNAMENT DECORATED CHRISTMAS TREE WITH STAR TOPPER
INSTALLED IN FRONT OF CITY HALL
6) 72” LIT & ORNAMENT DECORATED WREATHS WITH RED VELVET BOWS
INSTALLED ON CITY HALL
8) COLUMNS SPIRAL WRAPPED WITH 14” LIT & ORNAMENT DECORATED
GARLAND ON CITY HALL
ALTERNATING WARM WHITE & RED C9 LIGHTS INSTALLED ON CITY HALL
COPPELL TOWN CENTER INDOOR DÉCOR (SERVICES MUST BE PROVIDED BEFORE
OR AFTER HOURS)
9' LIT & ORNAMENT DECORATED CHRISTMAS TREE WITH STAR TOPPER
INSTALLED IN THE LOBBY
12' LIT & ORNAMENT DECORATED CHRISTMAS TREE WITH STAR TOPPER
INSTALLED IN THE LOBBY
15' LIT & ORNAMENT DECORATED CHRISTMAS TREE WITH STAR TOPPER
INSTALLED IN THE LOBBY
UNLIT & ORNAMENT DECORATED GARLAND WITH RED VELVET BOWS
INSTALLED ALONG RAILINGS
UNLIT & ORNAMENT DECORATED GARLAND TEARDROP SPRAYS WITH RED
VELVET BOWS INSTALLED ON LIGHT FIXTURES
48” UNLIT & ORNAMENT DECORATED WREATH WITH RED VELVET BOW
INSTALLED IN THE LOBBY
1.3.4 AREA THREE – Andrew Brown East – 260 E. Parkway Blvd.
Grand Pavilion, Phillips Pavilion and Restroom Structure
CITY OWNED: 46' LIT & ORNAMENT DECORATED CHRISTMAS TREE WITH 4’
STAR TOPPER & CUSTOM BRANDED 6’ TALL STRUCTURAL ENGINEERED RISER
INSTALLED ON PARK LAWN. THIS 56’ DISPLAY MUST BE LEVELED AND MUST BE
ADEQUATELY SECURED FOR WIND LOAD.
CITY OWNED: 15’ DIMENSIONAL WALK-THROUGH GIFT BOX.
ALTERNATING WARM WHITE & RED C9 LIGHTS INSTALLED ALONG
PERIMETERS/RIDGES OF PAVILLIONS & RESTROOM STRUCTURES
60” LIT & ORNAMENT DECORATED WREATHS WITH RED VELVET BOWS
INSTALLED ON EACH PAVILLION PEAK
18) LIGHT POLES SPIRAL WRAPPED WITH 14” LIT & ORNAMENT DECORATED
GARLAND WITH STRUCTURED RED VELVET BOWS
6) TREE OF LIGHTS INSTALLED ON PARK LAWN, FLANKING EACH SIDE OF 60’
CHRISTMAS TREE AND RISER DISPLAY. (2) 25’ TREES, (2) 20’ TREES, (2) 15’
TREES
9) LARGE SCALE ILLUMINATED DÉCOR ITEMS TO SIT THROUGHOUT THE PARK. ITEM
SELECTIONS MUST BE APPROVED BY THE CITY.
RFP #190 FACILITY AND PARKS HOLIDAY LIGHTS
CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 24
1.3.5 AREA FOUR – Old Town Coppell – 768 W. Main St.
Pavilion & Square
16' LIT & ORNAMENT DECORATED CHRISTMAS TREE WITH STAR
TOPPER INSTALLED AT CENTER MEDIAN OF BETHEL & MAIN
GRAIN SILO OUTLINED WITH VERTICAL RUNS OF WARM WHITE C9
LIGHTS AT BETHEL & MAIN
2) 48” LIT & ORNAMENT DECORATED WREATHS WITH RED VELVET
BOWS INSTALLED ON TOWER AT BETHEL & MAIN
4) MAGNOLIA TREES FOLIAGE WRAPPED WITH WARM WHITE C9 LIGHTS
AT BETHEL & MAIN
20' LIT & ORNAMENT DECORATED CHRISTMAS TREE WITH STAR
TOPPER INSTALLED IN PARK
39) TREES MODERATELY WRAPPED WITH WARM WHITE MINI LIGHTS IN
PARK
32) LIGHT POLES SPIRAL WRAPPED WITH 14” UNLIT & ORNAMENT
DECORATED GARLAND WITH RED VELVET BOWS IN PARK
ALTERNATING WARM WHITE & RED C9 LIGHTS INSTALLED ON SEVERAL
LOCATIONS: WINDMILL, RESTROOMS, KIRKLAND HOUSE, & MINYARDS
Old Minyard’s – 431 W. Bethel Rd
1.3.6 AREA FIVE- Photo Opportunities
CITY OWNED: 8’ X 12’ POSTCARD PHOTO-OP WITH GREENERY, 36” GIFT BOX &
24” GIFT BOX INSTALLED AT OLD TOWN LAWN
CITY OWNED: LARGE POLAR BEAR PHOTO-OP INSTALLED AT TOWN CENTER
ENTRANCE
SANTA/ELF ON PRESENT INSTALLED AT MOORE RD. PARK
POLAR BEAR BENCH INSTALLED AT LIBRARY
LIT DANCING REINDEER INSTALLED AT TENNIS CENTER
LIT SNOWMAN INSTALLED AT FIRE STATION #4
SANTA’S THRONE INSTALLED AT JUSTICE CENTER
SANTA’S MAILBOX INSTALLED AT JUSTICE CENTER
SANTA’S SLEIGH INSTALLED AT FARMER’S MARKET
LIFE SIZED NUTCRAKERS INSTALLED AT ARTS CENTER
LIT 2-D TINSEL ORNAMENT INSTALLED AT FIRESTATION #2
CANDY CANE FAMILY INSTALLED AT SERVICE CENTER
OR CITY APPROVED EQUIVALENTS
1.3.7 AREA SIX - Monuments
1. The decorating of six (6) monuments entering Coppell, located at:
a. East Beltline
b. North Denton Tap
c. West Bethel Road
d. East and West Sandy Lake
e. North Freeport Pkwy (at 121)
RFP #190 FACILITY AND PARKS HOLIDAY LIGHTS
CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 25
1.3.8 AREA SEVEN - Bridges
1. Lighting and/or decorating bridges in Coppell located at:
STREET LOCATION LENGTH
LF)
FREEPORT PKWY EAST SIDE OF BRIDGE 220
FREEPORT PKWY WEST SIDE OF BRIDGE 440
N COPPELL RD EAST SIDE OF COPPELL, JUST NORTH
OF BETHEL
49
N COPPELL RD WEST SIDE OF COPPELL, JUST NORTH
OF BETHEL
49
N DENTON TAP RD NB OVER COTTONWOOD CREEK 92
N DENTON TAP RD NB OVER DENTON CREEK, INSIDE
RAILING
312
N DENTON TAP RD NB OVER DENTON CREEK, OUTSIDE
RAILING
234
N DENTON TAP RD SB OVER COTTONWOOD CREEK 91
N DENTON TAP RD SB OVER DENTON CREEK 233
N MACARTHUR BLVD OVER
DENTON CREEK
NORTHBOUND, EAST SIDE 266
N MACARTHUR BLVD OVER
DENTON CREEK
SOUTHBOUND, WEST SIDE 266
S DENTON TAP RD NB OVER GRAPEVINE CREEK 673
S DENTON TAP RD SB OVER GRAPEVINE CREEK 224
S MACARTHUR BLVD NORTHBOUND OVER GRAPEVINE
CREEK, EAST SIDE
284
S MACARTHUR BLVD NORTHBOUND OVER GRAPEVINE
CREEK, WEST SIDE
290
S MACARTHUR BLVD SOUTHBOUND OVER GRAPEVINE
CREEK, EAST SIDE
293
S MACARTHUR BLVD SOUTHBOUND OVER GRAPEVINE
CREEK, WEST SIDE
299
S MOORE RD BRIDGE OVER GRAPEVINE CREEK,
EAST SIDE
195
S MOORE RD BRIDGE OVER GRAPEVINE CREEK,
WEST SIDE
195
W BETHEL RD N SIDE E OF LOCH LN 58
W BETHEL RD N SIDE OF W BETHEL RD OVER
GRAPEVINE CREEK
160
W BETHEL RD S SIDE E OF LOCH LN 69
W BETHEL RD S SIDE OF W BETHEL RD OVER
GRAPEVINE CREEK
155
W SANDY LAKE RD NB OVER COTTONWOOD CREEK 197
W SANDY LAKE RD SB OVER COTTONWOOD CREEK,
INSIDE RAILING
192
W SANDY LAKE RD 198
RFP #190 FACILITY AND PARKS HOLIDAY LIGHTS
CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 26
SB OVER COTTONWOOD CREEK,
OUTSIDE RAILING
Sandy Lake Near MacArthur both directions, no power 200
Freeport Parkway Near 121, both directions 150
TOTAL 6,083
1.4 WORK DESCRIPTIONS
1.4.1 Contractor shall provide the design of all areas prior to installation dates unless
earlier date is required for discounted ordering. These shall include, but are not
limited to:
1.4.1.1 Conceptual drawing indicating which trees will have featured
lighting to produce the most dramatic effect
1.4.1.2 Style of décor and lights and decoration of trees
1.4.1.3 Number of strands needed and types of decorations to be used
1.4.1.4 Safety plan
1.4.1.5 Methods of installation in relation to plan and type of tree
1.4.1.6 Tree trimming and pruning requirements requested of the City
1.4.1.7 Installation and removal timeframe
The city is looking for a traditional, yet creative, holiday design. The design
for each area may be different from year to year.
1.4.2 Contractor shall submit a design plan for confirmed areas to be decorated.
Design plan will reflect directions noted in this RFP for each area.
Contractor shall identify the following:
Number of trees to be decorated
Estimated number of strands based on tree height
Creative approach utilized, for example, color usage when allowed, new
technology being used, orientation of strands, additional decorations for
purchase, etc.
Examples of design approach for different types of trees
1.5 WORK DESCRIPTION – INSTALLATION
1.5.1 Lighting shall be installed, tested and fully operational by 6:00 p.m. on
the Thursday prior to Thanksgiving. Contractor shall have all lights installed by
the specified deadline.
1.5.2 The Contractor shall provide automatic timers for lights and displays except
where City personnel turn lights on and off. Timers are to be turned on and set
from 5:00 pm to 10:00 pm.
1.5.3 The Contractor shall work with the City’s contracted Electrician.
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1.6 WORK DESCRIPTION – MAINTENANCE
1.6.1 Contractor shall be responsible for all related maintenance to ensure the
display is operating as intended.
1.6.2 Contractor shall maintain display from the Friday prior to Thanksgiving Day
through the first Monday in January. The display is to be set and turned on daily
from 5:00 pm to 10:00 pm.
1.6.3 The Contractor must have personnel available to guarantee next day
service, including weekends, for repair or replacement of damaged lights and
decorations. The Contractor must respond to the designated City contact within 24
hours of call and be on-site within that time for service. Contractor guarantees next-
day service for any damage or repair for the duration of the specified display
period.
1.6.4 Contractor’s next-day service to repair and replace damaged lights and
extension cords shall be for any reason including, but not limited to, damage from
vandalism, weather or other acts of God, from the first day of installation to until
the last Friday in January.
1.6.5 Labor charges for inspection, repair or replacement of lights as necessary,
as well as emergency call out service for repair of any damaged or vandalized
lights shall be included in the basic proposal for all work under the proposal.
1.6.6 The City shall pay the cost of necessary replacement light and extension
cords due to vandalism at the costs indicated on the Price Sheet. Contractor shall
repair or replace lights at no cost to the City for light and extension cords that
contain a manufacturer’s defect or are improperly installed.
1.6.7 Contractor shall be on-site at the event on the first Saturday in
December to ensure the tree lighting ceremony works properly.
1.7 WORK DESCRIPTION – REMOVAL AND STORAGE
1.7.1 Contractor shall begin removal of lights displays no later than the
second Monday in January. The Contractor shall complete the removal of all
installed lights no later than the last Friday in January. It is assumed that light
strings are removed out of trees each year. Contractor is responsible for disposal
of debris and will leave the areas clean and free of debris.
1.7.2 Contractor is responsible to provide storage for lighting during the terms of
the Agreement. All lighting will remain the property of the Contractor.
1.8 COMPENSATION
1.8.1 Contractor shall provide all design and labor services, products and
materials under this Agreement at approved quote. The City shall pay the
Contractor 50% of the project cost as a deposit, 25% at time of installation, and
the remaining 25% at completion of takedown.
1.9 TIME
1.9.1 The parties acknowledge that time is of the essence in the performance
of the terms of this Contract
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1.10 LIQUIDATED DAMAGES
The Contractor shall pay the Owner the sum of $250.00 per day for each and every
calendar day of unexcused delay in achieving Substantial Completion beyond the
date set forth herein for Substantial Completion of the Work. Any sums due and
payable hereunder by the Contractor shall be payable, not as a penalty, but as
liquidated damages representing an estimate of delay damages likely to be
sustained by the Owner, estimated at or before the time of executing this Contract.
When the Owner reasonably believes that Substantial Completion will be
inexcusably delayed, the Owner shall be entitled, but not required, to withhold from
any amounts otherwise due the Contractor an amount then believed by the Owner
to be adequate to recover liquidated damages applicable to such delays. if and
when the Contractor overcomes the delay in achieving Substantial Completion, or
any part thereof, for which the Owner has withheld payment, the Owner shall
promptly release to the Contractor those funds withheld, but no longer applicable,
as liquidated damages.
RFP #190 FACILITY AND PARKS HOLIDAY LIGHTS
CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 33
SECTION 3 - TERMS AND CONDITIONS
3.1 PUBLIC RECORD
Contractor acknowledges that the City is a public agency and must comply with all
Public Records laws. All offers submitted in response to the solicitation shall become
the property of the City and, subsequent to award recommendation, become a matter
of public record available for review pursuant to Texas Public Records Law.
If a Contractor believes that a specific section of its response is confidential, that
should be withheld from the public record, Contractor shall isolate the pages and mark
each page confidential in a specific and clearly labeled section of its Proposal
response. The Contractor shall include a written statement as to the basis for
considering the marked pages confidential including the specific harm or prejudice if
disclosed. The City Attorney will review the material and make a determinat ion as to
the confidentiality of any of the information and/or material contained within the
Submittal. In the event of a public records request for documents Contractor deems
confidential, it shall be the Contractor’s sole responsibility, including sole cost, to take
appropriate action, including legal action, to protect such documents.
3.2 PRICE
All prices quoted shall be firm and fixed for the specified contract period.
3.3 FOB DESTINATION
Quoted shall be FOB destination to: City of Coppell, Texas.
3.4 TERM OF AGREEMENT
The term of this agreement shall be for a two (2) year initial period. The successful
Offeror (“Contractor”) shall be notified as to the effective dates of the Agreement.
3.5 OPTION TO EXTEND
The City may, at its option and upon mutual written agreement with the Contractor,
extend the term of this agreement for an additional three (3) years in one (1) year
increments based on satisfactory Contractor performance. Contractor shall be notified
in writing of the City’s intent to extend the contract period at least thirty (30) calendar
days prior to the expiration of the original contract period.
3.6 APPROPRIATION OF FUNDS
Proposer agrees that the funds expended for the purposes of this Agreement and any
renewal Agreement shall be appropriated by the City Council for each fiscal year within
the Agreement period. Therefore, this Agreement shall automatically terminate,
without penalty or recourse, if such funds are not appropriated for this Agreement or
any renewal Agreement. The City reserves the right to adjust the scope of work based
on the City Council’s budgeted funds.
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CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 P a g e | 34
3.7 CHANGES OR ADDITIONS OF PRODUCTS OR SERVICES
The City reserves the right to revise or make changes within the general Specifications
as deemed necessary to best service the interest of the City. All changes shall be
documented by formal amendment to the contract.
3.8 INSURANCE
The Contractor shall furnish and maintain during the life of the contract adequate
Worker's Compensation and Commercial General Liability (Public) Insurance in such
amounts as follows:
Type of Insurance Amount
Worker's Compensation as set forth in the Worker's Compensation
Act.
Commercial General $1,000,000 Each Accident/Occurrence.
Liability (Public) $1,000,000 Aggregate
1,000,000 Products & Completed
Operations Aggregate.
Owner’s Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence w/drop down
coverage
Endorsement CG 2503 Amendment Aggregate Limit of Insurance
per Project or Owner's and Contractor's
Protective Liability Insurance for the Project.
ADDITIONAL INSURED
IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY
OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE
POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND
NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON
THE REQUIRED COVERAGE.
3.9 CANCELLATION
The City reserves the right to cancel the whole or any part of the contract due to failure
of the Contractor to carry out any term, promise, or condition of the contract. The City
will issue a written ten (10) day notice of default to the Contractor for acting or failing
to act as in any of the following:
3.9.1 The Contractor provides personnel that do not meet the requirements of
the contract.
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3.9.2 The Contractor fails to perform adequately the services required in the
contract.
3.9.3 The Contractor attempts to impose on the city personnel which are of an
unacceptable quality.
3.9.4 The Contractor fails to furnish or finish the required product and/or service
within the time stipulated in the contract.
3.9.5 The Contractor fails to make progress in the performance of the
requirements of the contract and/or gives the City a positive indication that
the Contractor will not or cannot perform to the requirements of the
contract.
If the Contractor does not correct the above problem(s) within ten (10) days after
receiving the notice of default, the City may resort to any single or combinatio n of the
following remedies:
1) Cancel the contract.
2) Reserve all rights or claims to damage for breach of any covenants of
the contract.
3) In case of default, the City reserves the right to purchase materials or
to complete the required work in accordance with the City Procurement
Code. The city may recover any actual excess costs from the Contractor
by:
a. Deduction from an unpaid balance.
b. Any combination of the above or any other remedies as provided
by law.
3.10 WARRANTIES
Contractor warrants that all materials, service, or construction delivered under this
contract shall conform to the specifications of this contract. Any defects of design,
workmanship, or materials that would result in non-compliance with the contract
specification shall be fully corrected by the Contractor (including labor and materials)
without additional cost to the City.
3.11 NON-DISCRIMINATION
By submitting this offer, Contractor agrees not to discriminate against any employee
or applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability. Contractor
will require any Subcontractor to be bound to the same requirements as stated within
this section. Contractor, and on behalf of any subcontractors, warrants compliance
with this section.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6561
File ID: Type: Status: 2022-6561 Agenda Item Agenda Ready
2Version: Reference: In Control: City Council
10/04/2022File Created:
Final Action: GranicusFile Name:
Title: Consider approval to purchase Granicus Software from Carahsoft, DIR
contract# DIR TSO-4288 in the amount of $72,805.95 as budgeted; and
authorizing the City Manager to sign any necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Quote.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6561
Title
Consider approval to purchase Granicus Software from Carahsoft, DIR contract# DIR
TSO-4288 in the amount of $72,805.95 as budgeted; and authorizing the City Manager to sign
any necessary documents.
Summary
Fiscal Impact:
The fiscal impact of this Agenda item is $72,805.95 as budgeted in the General Fund.
Staff Recommendation:
[Enter Staff Recommendation Here]
Strategic Pillar Icon:
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6561)
Sustainable Government
Page 2City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To: Mayor and City Council
From: Jerod Anderson, Director of Enterprise Solutions
Date: October 4, 2022
Reference: Consider approval to purchase Granicus Software from Carahsoft, DIR contract #
DIR TSO-4288 in the amount of $72,805.95 as budgeted; and authorizing the City
Manager to execute all necessary documents.
2040: Pillar 0 (Foundation): Sustainable Government
Introduction:
This agenda item provides for the consideration and approval of Granicus software, which the City
utilizes for meeting agendas, stream council meetings, Board and Commission application process,
and more. The software is used extensively by the City Manager’s Office, City Council, and all other
departments for agenda items preparation.
Background:
The City of Coppell has been utilizing the Granicus software for many years and recently upgraded
the video encoders, which provides the online streaming functionality. Granicus recently acquired
GovQA, which is the software utilized for Request for Information applications. In years past, there
has been two separate Granicus agreements, one for hardware and one for software. Following the
acquisition of GovQA, staff worked to combine the three separate agreements into one. The new total
contract amount requires City Council approval. The attached proposal is including the Granicus
hardware and software maintenance, the GovQA application, and includes the Boards & Commission
module. The Boards & Commission module is an additional $5,745.00 annual subscription with a
one-time setup/configuration fee of $2,154.37. This brings the total attached proposal to $72,805.95.
Benefit to the Community:
Granicus is beneficial to the community by providing the tools necessary for City staff to be able to
create agendas that are published for City Council and board meetings. In addition, the tools provided
by the Granicus applications allow meetings to be broadcasted online. With the addition of the Boards
2
& Commission module, City staff will be able to provide a more streamlined application process for
potential board candidates.
Legal Review:
The Procurement Division has reviewed the documents and determined that this is an appropriate
method of contracting with the vendor.
Fiscal Impact:
The fiscal impact of this Agenda item is $72,805.95, as budgeted in the General Fund.
Recommendation:
The Enterprise Solutions Department recommends approval.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6550
File ID: Type: Status: 2022-6550 Ordinance Agenda Ready
2Version: Reference: In Control: City Council
09/30/2022File Created:
Final Action: Rochester Sensors - PH & OrdFile Name:
Title: PUBLIC HEARING:
Consider approval of an Ordinance designating Rochester Sensors
Reinvestment Zone No. 114 pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act; and authorizing the Mayor to sign.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Public Hearing Notice.pdf, Ordinance.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6550
Title
PUBLIC HEARING:
Consider approval of an Ordinance designating Rochester Sensors Reinvestment Zone No.
114 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act; and
authorizing the Mayor to sign.
Summary
The public hearing notice was published in The Rambler on October 1, 2022. A public hearing
is required to approve an Ordinance that designates the boundaries of a reinvestment zone
prior to the approval of a Tax Abatement Agreement.
Fiscal Impact:
N/A
Page 1City of Coppell, Texas Printed on 10/7/2022
Master Continued (2022-6550)
Staff Recommendation:
Staff recommends approval
Strategic Pillar Icon:
Create Business and Innovation Nodes
Page 2City of Coppell, Texas Printed on 10/7/2022
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: October 11, 2022
Reference: Consider approval of an Ordinance designating Rochester Sensors Reinvestment Zone
No. 114 pursuant to Section 312.201 of the Property Redevelopment and Tax
Abatement Act; and authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Introduction:
A public hearing is required to approve an Ordinance that designates boundaries of a reinvestment
zone prior to the approval of a Tax Abatement Agreement. This public hearing is to designate
Reinvestment Zone No. 114 for Rochester Sensors, LLC.
Background:
Rochester Sensors, LLC is a global manufacturer of high-quality gauges, sensors, switches and
systems used to measure liquid levels. The company, founded in 1913, is currently headquartered in
Dallas but has manufacturing facilities in Mexico, Belgium, the United Kingdom and China. Due to
the proposed incentive agreement and other factors, Rochester Sensors has selected Coppell as their
new global headquarters. The company will occupy approximately 80,000 square feet of space at
1025 S. Belt Line Road. Rochester Sensors will have 200 employees at the Coppell location, and
will sign a minimum 7-year lease term. The company will add approximately $3.6 million in
furniture, fixtures, and equipment, and while a majority of the inventory will be subject to Triple
Freeport Tax Exemption, there will be tax generating revenue from the business.
Before a tax abatement can be granted, a reinvestment zone must be created. A public hearing must
be held before an ordinance can be approved to create the reinvestment zone. This agenda item
satisfies both of those requirements. The public hearing is held to determine if the improvements in
the zone are feasible, practical and of benefit to the land. The ordinance will create Reinvestment
Zone No. 114.
2
The public hearing notice was published in The Rambler on Saturday, October 1, 2022. The public
hearing is for the designation of a reinvestment zone for Rochester Sensors, property described as
Park West Commerce Center, Lot 2R3, Block 2, which is 16.8 acres located north of Airline Drive
and west of S. Belt Line Road.
If City Council approves this agenda item, a public notice will also be placed on the City’s website
for a minimum of 30 days before the tax abatement agreement is brought forward for consideration.
Benefit to the Community:
Holding the public hearing and approving the Ordinance will allow the City Council to consider a tax
abatement agreement for Rochester Sensors, LLC at a future date. If a tax abatement agreement is
approved, the City of Coppell would gain the global headquarters of a quality industry, which
supports the Vision 2040 pillar of Creating Business and Innovation Nodes.
Legal Review:
Pete Smith with Nichols Jackson Dillard Hager Smith drafted the agreements.
Fiscal Impact:
N/A
Recommendation:
The Community Development Department recommends approval.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 11th day of October,
2022, at 7:30 P.M., to consider designation of the property
described as Park West Commerce Center, Lot 2R3, Block 2 (16.8
acres) located north of Airline Drive and west of S. Belt Line
Road, Coppell, Texas, Rochester Sensors, as a Reinvestment Zone
under Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into pursuant
to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and present
evidence for or against the designation.
The Rambler on Saturday, October 1, 2022
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
& 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 forty-eight (48) hours ahead of
the scheduled program, service, and/or meeting. To make
arrangements, contact Kori Allen, ADA & Capital Programs
Coordinator or other designated official at (972) 462-0022, or
(TDD 1-800-RELAY, TX 1-800-735-2989).
Pursuant to Section 30.06, Penal Code (trespass by license
holder with a concealed handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license
holder with an openly carried handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a handgun that is carried
openly.
Page 1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, DESIGNATING REINVESTMENT
ZONE NO. 114 (ROCHESTER SENSORS); PROVIDING ELIGIBILITY OF
THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO
THE LAND AND THE CITY; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published
in a newspaper having general circulation in the City and has delivered such notice to the presiding
officer of the governing body of each taxing unit that includes in its boundaries real property described
herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone at which interested parties were
allowed to speak and present evidence for or against the designation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, DALLAS COUNTY, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or
expansion of primary employment, or to attract major investment in the zone that will be of benefit to
the property and contribute to the economic development of the City. The City Council further finds
that the improvements sought are feasible and practicable and would be of benefit to the land to be
included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
real property described in Exhibit “A” and made a part hereof for all purposes, is hereby designated
as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 114” or
“Rochester Sensors Zone”.
Page 2
SECTION 3. That the property within Reinvestment Zone No. 114 is eligible for
commercial-industrial tax abatement effective on January 1, 2022.
SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance or as amended hereby, which shall remain in
full force and effect.
SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this
ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of
said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 6. That this ordinance shall take effect immediately from and after its passage and
the publication, as the law and charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, ON THIS THE 11TH DAY OF OCTOBER 2022.
APPROVED:
_________________________________________
Wes Mays, MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ _________________________________________
CITY ATTORNEY Ashley Owens, CITY SECRETARY
(PGS:8-5-22:TM 130896)
EXHIBIT “A”
Property Description
Page 3
Park West Commerce Center, Lot 2R3, Block 2 (16.8 acres)