CP 2022-11-08City Council
City of Coppell, Texas
Meeting Agenda
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, November 8, 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 551.074, Texas Government Code - Personnel Matters
Page 1 City of Coppell, Texas Printed on 11/4/2022
November 8, 2022City Council Meeting Agenda
A.Discussion regarding Alternate Municipal Judge.
Section 551.071, Texas Government Code - Consultation with City Attorney.
B.Consultation with City Attorney for legal advice regarding enforcement of
Building and Maintenance Code for substandard buildings and structures
for Riverchase Apartments.
C.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 staffing at the Coppell Arts Center.
C.Discussion regarding proposed Heritage Museum and other
structures/buildings in Old Town.
D.Discussion regarding the Legislative Agenda.
E.Discussion regarding the Board and Commission Appointments.
Coppell Art Center Memo.pdf
Historical Society Memo.pdf
Legislative Agenda Memo.pdf
2023 Coppell Legislative Priorities.pdf
Attachments:
Regular Session
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
Proclamations
6.Consider approval of a Proclamation naming the week of November 7-11,
2022, as “Municipal Court Week”; and authorizing the Mayor to sign.
Proclamation.pdfAttachments:
7.Citizens’ Appearance
8.Consent Agenda
A.Consider approval of the Minutes: October 25, 2022.
CM 2022-10-25.pdfAttachments:
Page 2 City of Coppell, Texas Printed on 11/4/2022
November 8, 2022City Council Meeting Agenda
B.Consider approval of appointments with terms beginning January 1, 2023
to the City’s Boards and Commissions.
Memo.pdf
Appointment List.pdf
Attachments:
C.Consider award of a bid and for contract with Nortex Concrete Lifting and
Stabilization, Inc.; annual street repair/mud jacking program in the amount
of $120,000.00; as budgeted in Infrastructure Maintenance Fund; and
authorizing the City Manager to sign all necessary documents.
Memo.pdf
Renewal Letter.pdf
Attachments:
D.Consider approval to enter into an engineering design contract with
Pacheco Koch Consulting Engineers, LLC.; for the reconstruction of
Bullock Drive and Howell Drive; in the amount of $213,777.50; funded from
fund balance of the Infrastructure Maintenance Fund; and authorizing the
City Manager to sign necessary documents.
Memo.pdf
Project Location.pdf
Scope and Proposal.pdf
Attachments:
E.Consider approval to enter into a contract with Ubeo for printing services,
DIR contract# DIR CPO-4435, in the amount of $102,228.00 as budgeted;
and authorizing the City Manager to sign all necessary documents.
Memo.pdf
Proposal.pdf
Attachments:
F.Consider approval of the purchase of an Outdoor Warning System (OWS),
from Perry Weather, in the amount of $150,173.00 as budgeted in the
CRDC Fund, through the Buyboard, Contract No. 647-21, and authorizing
the City Manager to sign all necessary documents.
Memo.pdf
Quote.pdf
Attachments:
G.Consider approval to enter into an agreement between the City of Coppell
and Metrocrest Services, Inc., to provide a grant in the amount of $375,000
over a three-year period using American Rescue Plan Act (ARPA) funds;
and authorizing the City Manager to sign all necessary documents.
Memo.pdf
Grant Agreement.pdf
Exhibit A - Funding Proposal.pdf
Exhibit B - Rules and Regulations.pdf
Exhibit C - Compliance and Reporting Guidance.pdf
Attachments:
Page 3 City of Coppell, Texas Printed on 11/4/2022
November 8, 2022City Council Meeting Agenda
End of Consent Agenda
9.Consider approval of a contract for an Alternate Municipal Judge of the
Coppell Municipal Court of Record No. 1 of the City of Coppell; and
authorizing the City Manager to sign all necessary documents.
Memo.pdf
Contract.pdf
Attachments:
10.Swearing in of Alternate Municipal Judge.
11.Consider award of a bid to Rebcon, LLC. for the construction of the Moore
Road Boardwalk Project (MRBP), in the amount of $1,952,477.31
available through the American Recovery Plan Act; and authorizing the City
Manager to sign all necessary documents.
Memo.pdf
Agreement and Bid Response.pdf
Attachments:
12.City Manager Reports - Project Updates and Future Agendas
13.Mayor and Council Reports
Report by Mayor and City Council on recent and upcoming events.
14.Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A.Report on Dallas Regional Mobility Coalition - Councilmember Don
Carroll
B.Report on Woven Clinic - Councilmember Mark Hill
C.Report on Metrocrest Services - Councilmember Biju Mathew
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
Page 4 City of Coppell, Texas Printed on 11/4/2022
November 8, 2022City Council Meeting Agenda
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 4th day of November, 2022, at _____________.
______________________________
Ashley Owens, City Secretary
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals make requests for these services
seventy-two (72) hours – three (3) business days ahead of the scheduled program, service,
and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
Page 5 City of Coppell, Texas Printed on 11/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6606
File ID: Type: Status: 2022-6606 Agenda Item Executive Session
1Version: Reference: In Control: City Council
11/01/2022File Created:
Final Action: Alternate JudgeFile Name:
Title: Discussion regarding Alternate Municipal Judge.
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 2022-6606
Title
Discussion regarding Alternate Municipal Judge.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6594
File ID: Type: Status: 2022-6594 Agenda Item Executive Session
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: Riverchase Apt.File 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 2022-6594
Title
Consultation with City Attorney for legal advice regarding enforcement of Building and
Maintenance Code for substandard buildings and structures for Riverchase Apartments.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6603
File ID: Type: Status: 2022-6603 Agenda Item Executive Session
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: STRFile 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 2022-6603
Title
Consultation with City Attorney for legal advice and updates concerning legal authority to
regulate short term rentals.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6596
File ID: Type: Status: 2022-6596 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: WKS 10/25File Name:
Title: A.Discussion regarding agenda items.
B.Discussion regarding staffing at the Coppell Arts Center.
C.Discussion regarding proposed Heritage Museum and other
structures/buildings in Old Town.
D.Discussion regarding the Legislative Agenda.
E.Discussion regarding the Board and Commission Appointments.
Notes:
Sponsors: Enactment Date:
Coppell Art Center Memo.pdf, Historical Society
Memo.pdf, Legislative Agenda Memo.pdf, 2023
Coppell Legislative Priorities.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 2022-6596
Title
A.Discussion regarding agenda items.
B.Discussion regarding staffing at the Coppell Arts Center.
C.Discussion regarding proposed Heritage Museum and other structures/buildings in Old
Town.
D.Discussion regarding the Legislative Agenda.
E.Discussion regarding the Board and Commission Appointments.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: Ginene Delcioppo, Arts Center Managing Director
Via: Jessica Carpenter, Director of Parks and Recreation
Date: November 8, 2022
Reference: Discussion regarding staffing at the Coppell Arts Center.
2040: Create Business and Innovation Nodes
Foster an Inclusive Community Fabric
Introduction:
The Coppell Arts Center’s business model is structured around three main goals, to support local
art groups, raise the quality of life by presenting cultural and entertainment experiences, and
stimulate business for the City of Coppell. During the 2021/22 season, the Arts Center Staff executed
166 events and currently has 182 events booked on the calendar for the 2022/23 season. Meeting
the high standards to execute these events and private rentals for the community has created a strain
on the Arts Center’s staff. The current staff is working at their maximum capacity but not meeting
all the needs to plan and execute these events. To continue planning and executing these events for
the community, the Arts Center is requesting to expand its staffing levels. Expanding the staffing
levels will allow for a more traditional organizational structure for an Arts Center and room for
growth with the programming that the Center presents along with an additional revenue stream. The
Center’s current staffing model and proposed staffing model are provided at the end of this
document.
2
Background:
• The Arts Center presented 166 Events (Resident Company, Presented Events, Private
Rentals, Exhibitions, Classes, Foundation Events, & Internal City Events in the 2021-22
Season. Currently, there are 182 Events confirmed for the 2022/2023 season, and we are still
open to booking Private Rentals.
• With a staff of 12 (9.5 FTE’s, 7 full-time & 5 part-time with benefits), a minimum of 5 staff
members are required to execute a single ticketed performance at the Center and a minimum
of 3 staff members for a Private Rental. The Center has a minimum of 81 operating hours a
week to cover open business hours and Resident Company rehearsals, and this does not
include performances or private rental bookings. The maximum number of hours the Arts
Center has covered in one week since opening is 101.
• A more traditional Arts Center’s organization chart has the Managing Director and 85% of
the Supervisor's time allotted to contracting, maintaining the theatrical spaces and platforms
to execute events and all advance planning for the events on the calendar to then lead the
Specialists, and Coordinators to execute the daily operations. This is currently not in place
at the Coppell Arts Center.
• The staffing requested would bring the Arts Center to a staff of 23 (18 FTE’s, 13 full-time
and 10 part-time, no benefits). This additional staff will bump the current part-time with
benefits Coordinator positions to Specialists and then add part-time no-benefits staffers to
create the manpower needed to sustain the current calendar of events at the Arts Center and
look to increase programming as well to over 200 events per year.
• With the use of HOT tax funds and Budget Savings from Security & Contract Labor and
reducing other line times, the Arts Center has 80% of the funds necessary for the estimated
salaries and benefits to fulfill this staffing request.
• This additional staffing will allow the Arts Center to also create an additional source of
revenue for the City. Currently, our revenue sources are ticket sales which mainly cover the
expenses of the show and artist, and private rentals, the new source would be from the
development side by selling ad space in our programs and sourcing season sponsorships.
Benefit to the Community:
This additional staff and a more traditional Arts Center organizational chart will allow the Arts
Center and its staff to add additional presented programming and/or private rentals to the current
calendar. This growth in each sector will improve community relations, the quality of work
executed, increase revenues at the Center and decrease staff burnout and turnover rates. The direct
benefit to the community is added programming opportunities to gather at the Arts Center and enrich
their lives through culture and entertainment, creating a lifetime of memories.
Legal Review:
This agenda item does not require legal review at this time.
Fiscal Impact:
The Coppell Arts Center would need to allocate an estimated $500K in funds for the combined salary
and benefits for these staffing level increases. Of the $500K needed, $390K is available to use from
3
Arts Center Budget Savings and HOT tax, therefore the Arts Center only needs to request $110K to
fund this staffing level increase that is not budgeted for the 2023 fiscal year. However, the increase in
event programming and the additional source of revenue has the potential to bring in revenues that will
exceed the amount requested.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
4
Current Staffing Totals: 12 (9.5 FTEs) Full Time: 7 Part-time w/Benefits: 5
• With current staffing levels, the Arts Center is at capacity to execute the events and rehearsals
on the current calendar and is unable to add any additional programming for the community.
The Center must also limit the number of private rentals booked due to the current staffing
levels.
Proposed New Staffing Totals: 23 (18 FTEs) Full Time: 13 Part-time: 10
• This additional staffing will allow the Arts Center to increase programming for the community,
book more private rentals and add a third revenue stream. This staffing model will allow Arts
Center staff to focus on the customer experience and to continue to provide exceptional service,
entertainment, and offerings while allowing the opportunity for further growth.
• The Center will be able to decrease contracted labor and security services which are more
expensive than a staff member and are limited on what duties they can perform while at the
Center.
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: November 8, 2022
Reference: Discussion regarding proposed Heritage Museum and historical structures/buildings in
Old Town.
Introduction:
Chris Long will be presenting follow-up information regarding details of the Historical Society’s
proposed Heritage Museum and long-range planning for historic buildings and programming in Old
Town.
Legal Review:
N/A
Fiscal Impact:
Unknown at this time.
Recommendation:
Staff will obtain direction from Council as to the next step in the process, if any.
MEMORANDUM
To: Mayor and City Council
From: Christel Pettinos, Chief of Staff
Date: November 8, 2022
Reference: Discussion regarding the Legislative Agenda.
Introduction:
Since the last legislative session, the City Council has discussed various topics to be included in the 2023
Legislative Priorities document. A draft copy is attached that reflects some of the items pressing to
Coppell today, as well as items from the 2021 Priorities List. The Council can choose to modify or
reprioritize the items of consideration.
Staff is requesting that Council provide direction regarding the development of a final 2023 Legislative
Priorities list to prepare the City’s plan for advocacy. Once Council has provided its input, staff will
finalize the document for Council’s adoption during a regularly scheduled December Council meeting.
Legal Review:
N/A
Fiscal Impact:
None at this time.
Recommendation:
This is an informational update only. City Council will take action to formally approve the Legislative
Agenda at the December Council meeting.
pg. 1 11/4/2022
CITY OF COPPELL
2023 LEGISLATIVE PRIORITIES
With Talking Points
Sales Tax Sourcing Legislation – The City of Coppell has a longstanding economic development
policy designed to attract business-to-business and warehouse users. This is consistent with our
geographic location and complements surrounding communities and the region. Over the years,
The City of Coppell has worked with the Comptroller, other cities, and the business community
to develop a respected compromise structure for origin sourcing for storefront and warehouse
distribution center sales that were overwhelmingly adopted by the Legislature and supported by
the majority of municipal governments.
A shift from origin to destination-based sales tax sourcing in Texas would reverse 50 years of sales
tax administration and treatment. Meaning, that generations of decisions were made to support
the types of land uses and businesses that our location has now turned into nearly 29 million square
feet of business space. A change to destination sourcing would result in the loss of millions of
dollars in revenue annually from Coppell and disperse those dollars to municipalities across the
state in de-minimus amounts barely noticeable by the receiving entity, but at a tremendous cost to
Coppell and other communities such as Round Rock, Carrollton, DeSoto, and Humble, to name
just a few.
Destination sourcing takes sales tax remittances from businesses in Coppell and directs those
dollars to municipalities that have no support for the business that generated the tax. This is most
directly felt in business-to-business taxable transactions. It is our location, not incentives, that has
worked to serve the growing North Texas economy and Metroplex region.
Sales Tax Sourcing can be a very confusing issue and tinkering with carefully vetted statue could
lead to many unintended consequences. We have seen that happen with the consequences of the
Comptroller’s Rule 3.334 adoption that “reinterprets” the sourcing statute that hasn’t changed in
over a decade. Most cities do not know what will happen to them if either sales tax sourcing in
Texas is changed to destination-based from origin-based or the national Streamline Sales Tax
Initiative is adopted.
Texas has long been an origin-based sales tax state. Cities have intentionally designed their
economic development, community development, and other programs following this longstanding
sourcing law.
1. Many communities, Coppell included, have revenue bond indebtedness that relies on
current law and resulting revenues to make the debt service payments. The move to
destination-based sales tax collection would devastate some and certainly harm all such
cities.
2. Roads, infrastructure, and public safety decisions have all been made with our business
community as our partner, and as a result of their successes, the City of Coppell has been
able to provide excellent services.
3. Without the Comptroller’s office conducting any analysis on the impact of such a change
pg. 2 11/4/2022
in sourcing, the new statutory interpretation in adopted Rule 3.334, could potentially
obliterate business-to-business transactions in the State of Texas as the vast majority of
them are primarily carried out with no salesperson involved in the transaction. This
massive generational change could negatively impact the citizens of Coppell for decades
to come.
Amendment to Chapter 327 Municipal Sales and Use Tax for Street Maintena nce – Coppell
supports an amendment to Chapter 327 which allows for all cities to request authorization from
voters for up to ten (10) years and provides clarifications on the use of the tax and ballot language
related to reauthorization.
Hotel Occupancy Tax Revenues for Park I mprovements – Coppell supports legislation
allowing the expenditure of municipal hotel occupancy tax revenues to be used by the city for the
construction of improvements in municipal parks.
Property Tax Caps – The City of Coppell opposes all efforts to implement ad valorem property
tax caps.
The well-documented and undeniable property tax inequities that occur because of these types of
measures alone should be reason enough to oppose this type of legislation. In addition, these types
of measures that have been adopted in other states have severely limited the ability of municipalities
and counties to maintain infrastructure, programs, and services, the very things that the public
expects from its government.
Property tax caps have known unintended consequences that result in major inequities over time
regarding the property taxes paid by different individuals in similarly situated homes.
1. Legislation already exists that empowers the citizens to limit the growth in taxes through
SB2 and no new revenue and voter approval laws.
2. While nobody really likes property taxes, much of the tax revenue in growing and
mature communities is used to operate and maintain facilities, roads, parks, and services
that were previously voter-approved – it does no good to build the fire station, and not
staff it, no good to build the library and not equip it.
3. At the end of the day, locally elected Mayors and City Council Members listen to their
citizens and know what is best for their respective communities.
4. Cities and counties are not the reason why property taxes are high in Texas. The reason
is the WAY the State of Texas underfunds schools. Cities and counties are about 20%
each and the schools’ district property taxes are approximately 50% to 60% of a property
tax bill depending upon where you live.
Revenue Caps – The City of Coppell opposes any legislation or attempt to alter the way
municipalities in the State of Texas currently generate revenues or require voter approval of revenue
increases.
Voter approval of the budget actions of the Mayor and City Council is accomplished each time a
member of the Council seeks re-election. The above discussion regarding property tax caps is
similar to how this type of measure also limits the ability to maintain needed infrastructure,
pg. 3 11/4/2022
programs, and services.
1. Texas municipalities are already a major state funding source. Cities and counties
receive virtually no state funding. Texas is one of only a few states that treat cities and
counties in this manner.
2. Cities and counties are the economic generators for the state and if their ability to raise
local revenue is capped, they will not be able to offer tax abatements to attract new
businesses into the state. When that happens, the Texas economy will begin to decline,
and we will be just like every other state in this country.
3. Leave our revenues alone; we do not want to find ourselves in the same position as
independent school districts in our state, that being underfunded.
4. The growth of revenues, other than property taxes, provides the opportunity to keep
property taxes from rising.
5. Simple formulas that cap revenue growth on inflation and population growth do not
work. The implementation of a major program, such as a new recreation facility, fire
station, library, etc., often is much more expensive than the revenue growth from one
year that would fund based on the previous year’s population growth and inflation.
6. Any bill requiring voter approval of an increased level of revenue is fraught with
problems due to the budget adoption cycle for Texas municipalities and the now limited
number of dates that a municipality can hold an election.
7. At the end of the day any discussion regarding the belief that overall taxation in Texas
is too high is failing to recognize that we have no income tax, something that we all
agree is a bad addition to the tax revenue tool chest. Texas in fact has one of the lowest
overall tax burdens in the entire country.
8. The problem is SCHOOL TAXES. They are up to 60% of a tax bill and if you are a
Chapter 41 school district like CISD, local taxpayers send money to the State. The State
has historically underfunded schools, and they are trying to divert the attention from the
real problem and make it someone else’s.
9. Not only does a lower no-new revenue rate not produce significant property tax relief, but the
cumulative effect would also be to reduce funding for everything the City provides.
Local Decisions – The City of Coppell expressly opposes any measures that would limit, reduce,
or remove the ability to make local decisions that municipalities have today regarding their
respective abilities to govern, finance, or otherwise make decisions on behalf of the communities
we serve. It is often said that the best government is that which is closest to the people. There is no
level of government effort closer to the public than locally elected officials who represent
municipalities and other local political subdivisions. What works for one municipality does not
necessarily work in another. The locally elected Mayors and City Council members are best suited
to make decisions on behalf of their respective communities.
1. Preemption of city regulation on numerous items is a red herring argument.
2. There is no support for any attempt to prohibit the engagement of professional
associations to efficiently communicate or advocate on behalf of the community to the
Legislative or Executive Branches, or state agencies.
3. Cities have and do regulate many things that are municipal and specific to their
respective community culture and desire.
4. Cities have not overreached to regulate things they were not authorized to do. When
pg. 4 11/4/2022
proven otherwise, regulation is overturned without the need for bad legislation.
5. The “liberty” argument is hollow, particularly when voters approve measures they
believe are in their best interest.
6. Voters can speak for themselves. The ability of cities to create clear ballot language and
maintain uniform election dates ensures consistent voting practices. Locally elected
representatives know best what their respective communities desire.
7. Local decisions should be left to local representatives.
8. Get this one thing right and many of the other issues go away.
Expenditure Limitations – Coppell opposes any legislation that would limit the elected Mayors
and City Councils of Texas municipalities from adopting budgets that they deem appropriate for
their respective communities or that would require voter approval for increases in expenditures.
The City of Coppell employs a very open budgeting process during which there are multiple
opportunities for the citizens to participate. Texas citizens are protected by SB2 and no new revenue
and voter approval provisions. Once again, voter approval of the actions of the Mayor and City
Council is accomplished each time they seek re-election.
1. Whenever the state passes along an unfunded mandate it causes local property taxes to
go up. That is why the state per capita tax burden is so low. It is because the state passes
along so much of the burden to the local governments.
2. Communities should be left to decide for themselves the level of funding they deem
appropriate, and they do this by participating in community visioning processes, budget
processes, voting on capital improvements
3. Formulas that allow for the growth in debt service funding but not operations and
maintenance funding to requisite levels to program and maintain the capital
improvements are counterintuitive. Once again, it does no good to build it, even if voters
approve if the revenues that are necessary to operate and maintain the improvement are
not available.
4. Any bill requiring voter approval of an increased level of expenditure is fraught with
problems due to the budget adoption cycle for Texas municipalities and the now limited
number of dates that a municipality can hold an election.
Building Materials – Coppell supports legislation repealing and or amending HB 2439 which
unnecessarily prohibited cities from regulating building products, materials, or methods used in the
construction of residential or commercial structures.
Short-Term Rentals – The City of Coppell supports legislation preserving local decisions with
regard to protecting neighborhood integrity including the allowance of the Comptroller to collect
the city’s portion of the tax, and to include the provision requiring the STR operator to be owner-
occupied, and to require the home to be available on a limited portion or intermittent basis, and to
require a short-term rental to obtain specific use permit to regulate the terms and conditions of such
occupancy.
Alcoholic Beverage Sales – Coppell opposes any further loosening of the restrictions regarding
the proximity to schools, parks, and churches where alcoholic beverages can be sold.
pg. 5 11/4/2022
The community of Coppell has been built with families in mind. Our school system is one of the
best in Texas. We have a very strong faith-based community, and our municipal programs offer
great kid-centric services to our families. Our ability to ensure safe and appropriate environments
for these segments of our community is vital.
1. Leave these types of issues to the locally elected Councils to decide.
2. Current rules seem to be serving well.
Education Funding – The City of Coppell supports efforts that would completely fund education
from state revenue funds that would also eliminate the amount of recapture currently required of
districts such as the Coppell Independent School District. The percentage of total state funding per
pupil for public education has been continually decreasing. The legislature should turn attention to
developing measures that would fund education in our state.
1. While not a municipal issue on its face, the continued underfunding of public education
is unacceptable and impacts residents directly.
2. The voucher issue takes even more money from public education under the guise of
making it possible for the average citizen to choose private schools when the average
person cannot afford private schools even with the voucher payment.
3. School choice, wherein parents could choose to send their children to any school of their
choice, would overrun quality districts from a classroom space perspective while the
State is funding an even less percentage of the total cost for those quality districts to
remain such.
4. Additionally, state funding as a percent per pupil of the total continues to decline. State
funding for public education is necessary if true local property tax relief is to be seen by
property owners in Texas. Coppell implores the state to recapture the public education
funds to establish sustainable living for education retirees.
Teacher Retirement – An average teacher retires on less than $1,000 a month. The last time the
state conducted a cost-of-living adjustment for teachers and retirees was 16 years ago. The City of
Coppell supports an increase in retirement funds from recaptured public education dollars to
establish a sustainable standard of living for education retirees.
Healthcare – Coppell supports the modernization and increased access to healthcare, including
the expansion of telehealth access and the reduction of barriers, especially regarding mental health
resources, for families and first responders.
Transportation – The City of Coppell supports the North Texas Commission’s and Regional
Transportation Council’s legislative agenda. Making real, meaningful progress on transportation
initiatives is vital as our state continues to grow rapidly. More specifically, the DFW region
continues to grow at a rate that is simply overwhelming the transportation system. The building of
additional highway capacity is essential if the region is to continue to thrive as a very important
economic engine for the entire State of Texas. Mass transit via rail must also become a reality on a
much larger scale than currently exists as the continuation of sprawl becomes at some point
unsustainable. This issue should be near the top of the priority list of items that require legislative
attention.
pg. 6 11/4/2022
1. The RTC and Rail North Texas initiatives are vital if the region is to maintain the economic
generator status that the state needs from the north Texas area.
2. State funding for transportation projects in the Dallas/Ft. Worth area is vital.
3. Ensuring TxDOT and NTTA perform as expected is important. Make them keep their
promises.
4. Fund projects with dollars as first intended. Do not co-mingle funds from one TxDOT
district with another unless the various stakeholders agree.
5. Support all tools necessary for the successful construction of transportation projects
including toll roads, tolled managed lanes, design-build, concessions, and any other
financing avenues available to alleviate the local taxpayer burden.
Infrastructure – Winter Storm Uri in 2021 was revealing and exposed relaxed maintenance
practices impacting communities across the state both physically and financially. Coppell supports
the strengthening of the electric grid to ensure dependability, reliable resources, and consistent
usage to serve the needs of Texas for future demands.
Broadband and Smart Cities – The City of Coppell supports the legislature in efforts to
incentivize and recognize the importance of broadband, smart cities, and the application of
technology solutions through grants, awards, and other means. Texas should encourage the
deployment of and assist whenever possible, cities’ efforts to modernize. The legislature in
developing a statewide strategy must, however, recognize that there is no one size fits all solution
as cities are ultimately responsible for their citizens’ desires. Additionally, local governments
should receive market value for private for-profit companies’ utilization of public property and
public right-of-way.
Oil and Gas Wells – Coppell supports any efforts that would provide municipalities more ability
to control the site of oil and gas wells as they relate to residential developments, any occupied
buildings, and environmentally sensitive areas such as creeks, rivers, and drainage ways.
The proliferation of gas wells in the North Texas area has created concern regarding their proximity
to residences, schools, parks, other occupied buildings, and environmentally sensitive areas. The
City of Coppell supports the expansion of our ability to apply greater distance requirements, noise
mitigation standards, and other control measures deemed necessary to protect our citizens from the
problems caused by the gas exploration and production process. The associated air quality that has
been well documented is also very important.
1. The exploration of the Barnett Shale in north Texas has led to much discussion regarding
how communities can protect their citizens and business communities from the harmful
effects of the drilling and operation of gas wells.
2. The rights of these companies to locate pipelines virtually any place they please is a
frightening proposition.
3. Texas cities are to some degree severely hampered to regulate these activities due to
current state law.
4. It appears that urban drilling was not contemplated when the legislation was passed. If
it was contemplated, it was not done so effectively.
Power Grid Hardening – Coppell opposes any attempt by the State to require hardening of the
pg. 7 11/4/2022
Texas power grid to protect it from EMP/EMC effects IF the costs of such hardening would be
passed along to the consumer. (This would be an incredibly expensive undertaking and the current
“plan” is to have the utility companies pass the cost along through rate increases).
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6601
File ID: Type: Status: 2022-6601 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: Court WeekFile Name:
Title: Consider approval of a Proclamation naming the week of November 7-11,
2022, as “Municipal Court Week”; 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 2022-6601
Title
Consider approval of a Proclamation naming the week of November 7-11, 2022, as “Municipal
Court Week”; and authorizing the Mayor to sign.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
PROCLAMATION
WHEREAS, municipal courts play an essential role in preserving public safety, deterring future
criminal behavior, and protecting the quality of life for Coppell residents and all citizens of the State of
Texas; and
WHEREAS, more citizens have an encounter with municipal courts, than all other type of Texas
courts combined, and the administration of justice in the municipal courts has a substantial influence in
shaping the public's impression of the Texas judicial system; and
WHEREAS, Texas Senate Bill No. 1924 established the City of Coppell’s Municipal Court as a
court of record in 1997 and which authorized a municipality to either appoint or elect a municipal judge
for a term of office, the Coppell Municipal Court, is a Texas state court and its judges are members of the
State of Texas judiciary; and
WHEREAS, Coppell municipal judges, who pledge to be impartial and who also serve as
magistrates for the State of Texas, work diligently to ensure the fair administration of justice and to
enforce procedural safeguards for all defendants, including indigent defendants; and
WHEREAS, the City of Coppell is committed to the principles that an independent, fair, and
competent judiciary will properly interpret and apply the law and that its judges and court personnel
should adhere to the law and conduct themselves in a way which promotes public confidence in the
judiciary.
NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, and on behalf of the City
Council, do hereby proclaim the week of November 7 – 11, 2022 as
“MUNICIPAL COURT WEEK”
in Coppell, Texas, and commend all those associated with the Coppell Municipal Court for their
exemplary dedication to the City of Coppell.
IN WITNESS THEREOF, I set my hand and caused the seal of the City of Coppell to be affixed
this 8th day of November 2022.
__________________________
Wes Mays, Mayor
ATTEST:
____________________________
Ashley Owens, City Secretary
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6597
File ID: Type: Status: 2022-6597 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: MinutesFile Name:
Title: Consider approval of the Minutes: October 25, 2022.
Notes:
Sponsors: Enactment Date:
CM 2022-10-25.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 2022-6597
Title
Consider approval of the Minutes: October 25, 2022.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
City of Coppell, Texas
Minutes
City Council
5:30 PM Council ChambersTuesday, October 25, 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;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and
Mark Hill
Present 7 -
Brianna Hinojosa-SmithAbsent1 -
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, October
25, 2022 at 5:30 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 Executive Session at 5:34 p.m.
Executive Session (Closed to the Public) 1st Floor Conference Room2.
Section 551.071, Texas Government Code - Consultation with City Attorney.
Consultation with City Attorney for legal advice regarding enforcement of
Building and Maintenance Code for substandard buildings and structures
for Riverchase Apartments.
Page 1City of Coppell, Texas
October 25, 2022City Council Minutes
Discussed under Executive Session.
Work Session (Open to the Public) 1st Floor Conference Room3.
Mayor Wes Mays adjourned the Executive Session at 6:28 p.m. and convened
into the Work Session at 6:30 p.m.
A.Discussion regarding agenda items.
B.Presentation and discussion to consider approval of additional staff
at the Arts Center
Discussed under Work Session. City Council provided direction to use ARPA
Funds for the Moore Road Boardwalk.
Regular Session
Mayor Wes Mays adjourned the Work Session at 7:00 p.m. and reconvened into
the Regular Session at 7:30 p.m.
Invocation 7:30 p.m.4.
Mr. Wadud Hassan gave the invocation.
Pledge of Allegiance5.
Mayor Wes Mays and the City Council led those present in the Pledge of
Allegiance.
Proclamations
6.Consider approval of a Proclamation designating October 21, 2022, as
“Korean Hanbok Day;” and authorizing the Mayor to sign.
Mayor Wes Mays read the proclamation into the record and with
Councilmember John Jun presented the same to Korean Organization
representing the community.
A motion was made by Councilmember John Jun, seconded by Mayor Pro Tem
Biju Mathew, that this Agenda Item be approved. The motion passed by an
unanimous vote.
7.Consider approval of a Proclamation designating October as “Arbor Day
Celebration Month;” and authorizing the Mayor to sign.
Mayor Wes Mays read the proclamation into the record and presented the
same to Biodiversity Education Center staff.
A motion was made by Councilmember John Jun, seconded by
Councilmember Kevin Nevels, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Presentations
Page 2City of Coppell, Texas
October 25, 2022City Council Minutes
8.Coppell Sustainable Food Organization Annual Update.
Presentation: Tim Thompson CSFO President, Amanda Novak Coppell Farmers
Market Committee Chair, Scott Warrington Coppell Community Garden Chair,
Marissa Olivas staff liaison presented an update.
9.Public Works’ project updates.
Presentation: Kent Collins Director of Public Works presented an update.
Citizens’ Appearance10.
Mayor Wes Mays asked for those who signed up to speak:
1) Barbara Bailey, 232 Plantation Drive, spoke in regards to curbs and
sidewalks in her neighborhood.
2) Sandy Edwards, 241 Whispering Hills, spoke in regards to curbs and
sidewalks.
11.Consider approval of the Minutes: October 11, 2022.
A motion was made by Mayor Pro Tem Biju Mathew, seconded by
Councilmember John Jun, that this Agenda Item be approved. The motion
passed by an unanimous vote.
12.Consider approval of a Resolution that denies Oncor Electric Delivery
Company’s requested rate increase and authorizing the Mayor to sign.
A motion was made by Councilmember Mark Hill, seconded by
Councilmember Don Carroll, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Enactment No: RE 2022-1025.1
City Manager Reports - Project Updates and Future Agendas13.
TML Risk Pool Nomination for City Manager Mike Land was not selected.
Discover Coppelll website is now live as part of a marketing plan to make the
City of Coppell a destination.
Cricket field construction is underway.
Mayor and Council Reports14.
Report by Mayor and City Council on recent and upcoming events.
Come out to Old Town in your Halloween best to trick-or-treat with some of
Coppell's local businesses at Scare on the Square! Participating businesses
will be handing out treats from 9 am – noon Saturday, October 29th.
The City of Coppell will hold a special election on Tuesday, November 8, 2022,
asking voters whether or not to reauthorize two propositions concerning the
allocation of sales and use taxes paid on goods and services purchased within
Page 3City of Coppell, Texas
October 25, 2022City Council Minutes
city limits. Reauthorization of the sales tax collection will NOT result in an
increase to the sales tax rate. Early voting for both Dallas and Denton Counties
is ongoing through November 4, 2022. For additional information, please visit
coppelltx.gov/election.
The City of Coppell will once again sponsor the special holiday program called
Make a Child Smile. This annual program benefits children living within the
Coppell city limits by providing holiday gifts for families who need a little extra
help.
Selections can be made between November 1st-December 1st by visiting
www.makeachildsmilecoppell.com to choose a virtual ornament. Purchase a
gift of clothing and/or a toy for the child and return the wrapped gift to the City
Manager’s Office located at 255 E. Parkway Blvd. with the child’s information
attached.
The goal is to provide at least one toy and one article of clothing for each
child. City employees will deliver the gifts prior to Christmas. Should you have
any questions, please contact Christel Pettinos in the City Manager’s Office at
972-304-3668 or via email at cpettinos@coppelltx.gov.
Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
15.
A.Report on Carrollton/Farmers Branch ISD and Lewisville ISD -
Councilmember Mark Hill
B.Report on Coppell ISD - Councilmember Kevin Nevels
C.Report on Coppell Seniors - Councilmember John Jun
D.Report on Historical Society - Councilmember Cliff Long
Councilmember Mark Hill reported the following:
CFBISD: Announced Brian Moersch Interim Superintendent. The District held
its annual Service Awards Dinner Tuesday evening, Oct. 25, honoring 198
employees with 10 to 50 years of service in the district. Eight high school
students have been named Semi-Finalists and 19 high school students have
been named Commended Scholars in the 2023 National Merit Scholarship
Program. The bond planning committee continues to meet.
LISD: Food drive is ongoing this week in support of the food bank. Schools will
be closed Election Day, Tuesday, November 8. Two hundred high school
seniors National Merit Semi-Finalist. Graduation preparations with UNT are
underway. The District celebrated Kindness Week. Mark Cuban visited the high
school. Adopt a School Program is being introduced as an opportunity for local
business to sponsor a local school.
Councilmember Kevin Nevels reported the following:
CISD: Bond Committees for planning and visioning continue to meet in
preparation for a Bond Election May of 2023. A Bond Community Dialogue will
be hosted November 10th. Varsity Band Places 4th and Bands of America
Regional Competition. Three CHS students selected for a team to participate in
the Texas State Debate Team. Varsity Marching Band places 3rd at the 2022
HEB Marching Contest. Richard J. Lee Elementary and New Tech High are
Apple Distinguished Schools. CISD Announces 31 National Merit Semifinalists
for 2022-2023. TV station KCBY has been nominated for several National
Academy of Television Arts and Sciences Student Production Emmy Awards.
Page 4City of Coppell, Texas
October 25, 2022City Council Minutes
Councilmember John Jun reported the following:
Seniors: Recognized fellow councilmembers and staff for their attention to the
Senior Center. The Senior's Chili Cook Off and Costume Contest will be held
October 26th. Members are bringing back programming prior to the pandemic.
Recently, the members made a group trip to the State Fair. Don't miss out on
upcoming trips. LED lighting upgrades are underway for interior and exterior
areas of the Senior Center.
Councilmember Cliff Long reported the following:
Historical Society: Pioneer Day on October 15th was attended by 950. The
Ribbon Cutting in the morning was well-attended. Efforts to obtain a museum
certification continue and is expected to be completed by the end of the year.
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
16.
Mayor Wes Mays announced a joint City Council and Coppell ISD meeting will
be held at 6pm at the Art Center November 7th.
Councilmember Kevin Nevels recognized a resident's birthday.
Necessary Action from Executive Session17.
There was no action resulting from Executive Session.
Adjournment18.
There being no further business before the City Council, the meeting was
adjourned at 8:59 p.m.
__________________________
Wes Mays, Mayor
ATTEST:
__________________________
Sara Egan, Deputy City Secretary
Page 5City of Coppell, Texas
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6598
File ID: Type: Status: 2022-6598 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: B&C Appointments 2023File Name:
Title: Consider approval of appointments with terms beginning January 1, 2023 to
the City’s Boards and Commissions.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Appointment List.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 2022-6598
Title
Consider approval of appointments with terms beginning January 1, 2023 to the City’s Boards
and Commissions.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: Ashley Owens, City Secretary
Date: November 8, 2022
Reference: Consider approval of appointments with terms beginning January 1, 2023 to the City’s
Boards and Commissions.
2040: Sustainable Government
Introduction:
The purpose of this agenda item is to consider appointments to various City Boards and Commissions.
A total of ninety-six eligible applications were reviewed. Thirty-seven of those applications were
submitted by eligible youth to serve as Youth Advisors.
Interview Panels were composed of two councilmembers and the corresponding board liaison to
conduct evening interviews between October 17-27. After each interview session, the panels made
selections for the current vacancies with terms beginning January 1, 2023. Appointed members will
be invited to attend orientation on December 1st to receive training and complete the required
Statement and Oath of Office.
Background:
The City Secretary’s Office oversees the recruitment of residents interested in serving on a board.
This year the application period was from September 12 – October 7.
In partnership with Community Information Services Division, advertising included a variety of
digital and print such as: e-news, LinkedIn, Nextdoor, other social media platforms, ads in the Gazette
and Rambler, CISD ad, testimonial videos (on social media and in e-news), the City website, an
“apply” button on mobile app, a-frame signs at public facilities, the water bill newsletter, and as a
talking point for City Council and City Manager. Messaging on advertisements was a combination of
general messaging and highlighting individual boards.
Benefit to the Community:
City boards, commissions, committees, and temporary task forces or ad hoc groups serve in an
advisory capacity to the City Council. These groups act as the voice of the residents of the City of
Coppell.
2
Legal Review:
N/A
Fiscal Impact:
N/A
Recommendation:
The City Secretary’s Office recommends approval of the appointment list, as agreed upon by the
Interview Panels.
Appointment List
Board Name Membership Type Term Expires
ANIMAL SERVICES ADVISORY AND APPEALS BOARD Charlene Lovato Regular 12/31/2024
ANIMAL SERVICES ADVISORY AND APPEALS BOARD Patty Weber Regular 12/31/2024
ANIMAL SERVICES ADVISORY AND APPEALS BOARD Tracy Ann Allard Regular 12/31/2024
BOARD OF ADJUSTMENT Bruce W. Akerly Alternate 12/31/2024
BOARD OF ADJUSTMENT Do H Kim Alternate 12/31/2024
BOARD OF ADJUSTMENT Casey Smith Regular 12/31/2024
BOARD OF ADJUSTMENT Kyle Rogers Regular 12/31/2024
BOARD OF ADJUSTMENT Mark Legros Regular 12/31/2024
COPPELL RECREATION DEVELOPMENT CORPORATION Aaron Straach Regular 12/31/2024
COPPELL RECREATION DEVELOPMENT CORPORATION Wes Mays Regular 12/31/2024
COPPELL RECREATION DEVELOPMENT CORPORATION George L Cooper Regular 12/31/2024
COPPELL RECREATION DEVELOPMENT CORPORATION Majid Husain Regular 12/31/2024
COPPELL RECREATION DEVELOPMENT CORPORATION Cliff Long Regular 12/31/2024
COPPELL RECREATION DEVELOPMENT CORPORATION Rohinton Karanjia Regular 12/31/2024
COPPELL RECREATION DEVELOPMENT CORPORATION Thomas Dwyer Regular 12/31/2024
ECONOMIC DEVELOPMENT FOUNDATION Anthony Fang Regular 12/31/2024
ECONOMIC DEVELOPMENT FOUNDATION Greg Hope Regular 12/31/2024
ECONOMIC DEVELOPMENT FOUNDATION Jeffrey E Roller Regular 12/31/2024
ECONOMIC DEVELOPMENT FOUNDATION Jemlin Lucas Regular 12/31/2024
ECONOMIC DEVELOPMENT FOUNDATION Kalyan Madhavan Regular 12/31/2024
FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT TASKFORCE Craig Creason Alternate 12/31/2024
FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT TASKFORCE Nancy L Dugan Alternate 12/31/2024
FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT TASKFORCE Kamesh Subbarao Regular 12/31/2024
FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT TASKFORCE Renee Galitis Regular 12/31/2024
FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT TASKFORCE Yvonne Silva Regular 12/31/2024
LIBRARY BOARD Carla Madrigal Alternate 12/31/2023
LIBRARY BOARD Anne Diamond Regular 12/31/2024
LIBRARY BOARD Frank Gasparro Regular 12/31/2024
LIBRARY BOARD Mathew Ittoop Regular 12/31/2024
LIBRARY BOARD Patricia Graziano Regular 12/31/2024
LIBRARY BOARD Olivia G Willey Youth Advisor 12/31/2023
LIBRARY BOARD Saloni Roy Youth Advisor 12/31/2023
PARKS AND RECREATION BOARD Michael A Ridgley Alternate 12/31/2024
PARKS AND RECREATION BOARD Ed Guignon Regular 12/31/2024
PARKS AND RECREATION BOARD Edward Rose Regular 12/31/2024
PARKS AND RECREATION BOARD Nick Paschal Regular 12/31/2024
PARKS AND RECREATION BOARD Zainab Tinwala Regular 12/31/2024
PARKS AND RECREATION BOARD Enaika Kishnani Youth Advisor 12/31/2023
PARKS AND RECREATION BOARD Hannah J Greenberg Youth Advisor 12/31/2023
PLANNING AND ZONING COMMISSION Cindy Bishop Regular 12/31/2024
PLANNING AND ZONING COMMISSION Freddie Guerra Regular 12/31/2024
PLANNING AND ZONING COMMISSION James W Walker Regular 12/31/2024
SMART CITY BOARD Gautham Vemuganti Regular 12/31/2024
SMART CITY BOARD Joe Mecca Regular 12/31/2024
SMART CITY BOARD Ramesh Premkumar Regular 12/31/2024
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6589
File ID: Type: Status: 2022-6589 Agenda Item Agenda Ready
1Version: Reference: In Control: Engineering
10/25/2022File Created:
Final Action: FY23 Mudjacking ContractFile Name:
Title: Consider award of a bid and for contract with Nortex Concrete Lifting and
Stabilization, Inc.; annual street repair/mud jacking program in the amount of
$120,000.00; as budgeted in Infrastructure Maintenance Fund; and
authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Renewal Letter.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 2022-6589
Title
Consider award of a bid and for contract with Nortex Concrete Lifting and Stabilization, Inc.;
annual street repair/mud jacking program in the amount of $120,000.00; as budgeted in
Infrastructure Maintenance Fund; and authorizing the City Manager to sign all necessary
documents.
Summary
Fiscal Impact:
The fiscal impact of this agenda item is $120,000.00, as budgeted in IMF.
Staff Recommendation:
The Public Works Department recommends approval.
Page 1City of Coppell, Texas Printed on 11/4/2022
Master Continued (2022-6589)
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 11/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: Jamie Brierton, Capital Programs Administrator
Kent Collins, P.E., Director of Public Works
Date: November 8, 2022
Reference: Consider award of a bid and for contract with Nortex Concrete Lifting and
Stabilization, Inc.; annual street repair/mud jacking program in the amount of
$120,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the
City Manager to sign all necessary documents.
2040: Pillar 0: Sustainable City Government
Introduction:
This agenda item is being presented for approval to utilize the City of Grand Prairie’s contract with
Nortex Concrete Lifting and Stabilization, Inc., as authorized by the Texas Local Government Code,
Section 271.102, to perform yearly street repair/mud-jacking program, in the amount of $120,000.00,
as budgeted in IMF for FY 2022/23, and authorize the City Manager to sign all necessary documents.
Background:
The City utilizes the Uretek mud-jacking process to lift and level streets to solve minor drainage
issues and to level slabs on multi-lane roadways when slabs are uneven. As an example, prior to the
start of reconstruction Belt Line Road south of Southwestern experienced differential settling when
the subgrade developed voids created by water infiltration and reinforcing steel between joints had
deteriorated. Mud-jacking, in combination with an asphalt overlay, extended the life of the driving
surface several years until funds were available for reconstruction.
Nortex provides lifting services using a polyurethane foam injection method commonly referred to
as “Uretek” injection. The City has been using the Uretek method for leveling streets and alleys for
over 20 years in the form of annual maintenance contracts. The City of Coppell utilized this same
cooperative purchase contract for this service in 2021 and paid $3.55/lb of foam. This contract has an
updated unit price of $4.05 per lb. of foam as described in the contract renewal letter, with a total
budgeted expenditure for this work not-to-exceed $120,000.00.
2
Benefit to the Community:
Proper maintenance of concrete sidewalks, streets and alleys extends the life of those assets and in
some instances requires lifting and leveling. Concrete lifting applied under this contract will extend
the useful life of concrete assets and avoid the expense of premature replacement of sidewalks, alleys
and streets.
Legal Review:
The Purchasing Department has reviewed the documents and determined that this is an appropriate
method of contracting with this firm.
Fiscal Impact:
The fiscal impact of this agenda item is $120,000.00, as budgeted in IMF.
Recommendation:
The Public Works Department recommends approval.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6590
File ID: Type: Status: 2022-6590 Agenda Item Agenda Ready
1Version: Reference: In Control: Engineering
10/27/2022File Created:
Final Action: Bullock/Howell DesignFile Name:
Title: Consider approval to enter into an engineering design contract with Pacheco
Koch Consulting Engineers, LLC.; for the reconstruction of Bullock Drive and
Howell Drive; in the amount of $213,777.50; funded from fund balance of the
Infrastructure Maintenance Fund; and authorizing the City Manager to sign
necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Project Location.pdf, Scope and
Proposal.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 2022-6590
Title
Consider approval to enter into an engineering design contract with Pacheco Koch Consulting
Engineers, LLC.; for the reconstruction of Bullock Drive and Howell Drive; in the amount of
$213,777.50; funded from fund balance of the Infrastructure Maintenance Fund; and authorizing
the City Manager to sign necessary documents.
Summary
Fiscal Impact:
The fiscal impact of this agenda item is $213,777.50, funded from fund balance of the
Infrastructure Maintenance Fund.
Page 1City of Coppell, Texas Printed on 11/4/2022
Master Continued (2022-6590)
Staff Recommendation:
The Public Works Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 11/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: Mike Garza, P.E., Assistant Director of Public Works
Kent Collins P.E., Director of Public Works
Date: November 8, 2022
Reference: Consider approval of an engineering design contract with Pacheco Koch Consulting
Engineers, LLC. for the reconstruction of Bullock Drive and Howell Drive, in the
amount of $213,777.50; funded from the fund balance of the Infrastructure
Maintenance Fund; and authorizing the City Manager to sign.
2040: Sustainable Government
Introduction
: The purpose of this agenda item is to consider approval to enter an engineering design contract with
Pacheco Koch Consulting Engineers, LLC in the amount of $213,777.50 for reconstruction of the
full lengths of Bullock Drive and Howell Drive funded from the fund balance of the Infrastructure
Maintenance Fund.
Background:
Bullock Drive and Howell Drive were originally constructed in the 1960’s. Through an analysis of
all streets within the City of Coppell, these two adjacent streets were identified as needing
reconstruction. Additionally, this area has a history of drainage problems which are to be mitigated
through drainage improvements included in the proposed reconstruction.
The existing streets are asphalt pavement with bar ditch drainage and do not meet current City
standards. The reconstruction of the streets will involve new concrete pavement with curb and
gutter drainage and expanded cul-de-sac turn-arounds to improve access for emergency services.
Underground storm drains will be added, and utilities will be replaced. This concept was
developed in partnership with the neighborhood.
The contract presented for approval in this item is for the engineering design of the Bullock and
Howell reconstruction project. The project improvements will include sewer, water, and drainage
improvements as well as full pavement replacement and the addition of new sidewalks. The
preliminary construction cost estimate is $2.3 million. Pacheco Koch is a qualified full-service
2
engineering design firm and was selected through a qualifications-based process as required by
State law.
Benefit to the Community:
Well-maintained City infrastructure is essential to residents’ wellbeing and the use and enjoyment
of their homes. This contract is part of the ongoing effort to maintain City infrastructure to the level
of service expected by the community.
Legal Review:
The City Attorney has reviewed the design contract.
Fiscal Impact:
The fiscal impact of this agenda item is $213,777.50, funded from fund balance of the Infrastructure
Maintenance Fund.
Recommendation:
The Public Works Department recommends approval of this
item.
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1 INCH = FT.
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Created on: 31 October 2022 by Scott Latta 2/2
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DHOWELL DRIVE
EXHIBIT A to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch Consulting Engineers,
LLC, a Westwood Company
(CONSULTANT) for Consulting Services
11/1/2022 Page 1
EXHIBIT ‘A’ – SCOPE OF SERVICES
HOWELL DRIVE AND BULLOCK DRIVE STREET RECONSTRUCTION
(NORTH OF SOUTHWESTERN BOULEVARD)
PROJECT DESCRIPTION:
The project will include the paving, drainage and utility improvements on Howell Drive, Bullock
Drive and the alleyway between them from the new roadway section North of Southwestern
Boulevard to the end of the cul de sacs. Howell Drive is approximately 625 feet north of the new
roadway section while Bullock Drive is approximately 700 feet north of the new roadway section.
The roadway reconstruction will convert the two-lane bar ditch asphalt roadway configurations to a
City standard section with curb, gutter, sidewalks and storm collection system.
The scope of work for BASIC Engineering Services involves Conceptual, Preliminary and Final
Design, Project Plans, Specifications and Estimates on Roadway, Alleyway, Water, Wastewater
and Storm Drainage.
BASIC SERVICES:
A. Project Management & Coordination
1. Manage the Team:
· Lead, manage and direct design team activities
· Ensure quality control is practiced in performance of the work
· Communicate internally among team members
· Allocate team resources
2. Communications and Reporting:
· Attend a pre-design project kickoff meeting with OWNER staff to confirm
and clarify scope, understand OWNER objectives, and ensure economical
and functional designs that meet OWNER requirements.
· Attend up to two (2) public hearings or City Council/Commission meetings,
as requested by the City.
· Two (2) public meeting with exhibit preparation.
· Conduct review meetings with the OWNER at the end of each design
phase.
· Prepare and submit monthly invoices in the format acceptable to the
OWNER.
· Prepare and submit monthly progress reports including an updated
Opinion of Probable Construction Cost for budget purposes.
· Prepare and submit baseline Project Schedule initially and Project
Schedule updates.
· Coordinate with other agencies and entities as necessary for the design
of the proposed infrastructure and provide and obtain information needed
to prepare the design.
· Submit TDLR/TAS required plans for review via Accessology. Consultant
will incorporate any deficient findings into the construction document set
prior to bidding.
EXHIBIT A to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch Consulting Engineers,
LLC, a Westwood Company
(CONSULTANT) for Consulting Services
11/1/2022 Page 2
3. Utility Clearance:
· Pacheco Koch will consult with the Client, public utilities, private utilities
and government agencies to determine the approximate location of above
and underground utilities, and other facilities (current and future) that have
an impact or influence on the project. Pacheco Koch will design Client
facilities to avoid or minimize conflicts with existing utilities, and where
known and possible consider potential future utilities in designs.
· Pacheco Koch will provide plans to and coordinate with utility owner
related to the relocation efforts of franchise utilities that remain in conflict
with the proposed construction.
B. Conceptual Design (30% Submittal)
The Conceptual Design shall be submitted to OWNER per the approved Project
Schedule. The purpose of the conceptual design is for the CONSULTANT to
· Study the project,
· Identify and develop alternatives,
· Present (through the defined deliverables) these alternatives to the
OWNER,
· Recommend the alternatives that successfully address the design
problem, and
· Obtain the OWNER’s endorsement of the selected concept.
CONSULTANT will develop the conceptual design of the infrastructure as follows.
1. Data Collection
· In addition to data obtained from the OWNER, CONSULTANT will research
proposed improvements in conjunction with any other planned future
improvements known by the OWNER that may influence the project.
· The CONSULTANT will also identify and seek to obtain data for existing
conditions that may impact the project including but not limited to; utilities,
agencies (TxDOT and USCOE), OWNER Master Plans, and property
ownership as available from the Tax Assessor's office.
· The data collection efforts will also include conducting special coordination
meetings with affected property owners as necessary to develop the design.
2. The Conceptual Design Package shall include the following:
· Conceptual (30%) plans to include:
Roadway plan and profile sheets
Scale 1” = 20’ Horizontal; 1” = 2’ Vertical
Cross Section sheets
Scale 1” = 10’ Horizontal; 1” = 2’ Vertical
Water/Wastewater plan view sheets
Scale 1” = 20’
Drainage plan and profile sheets
Scale 1” = 20’ Horizontal; 1” = 2’ Vertical
Drainage Area Map
Scale 1” = 50’ Horizontal (with inserts for large drainage basins)
· Documentation of key design decisions.
EXHIBIT A to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch Consulting Engineers,
LLC, a Westwood Company
(CONSULTANT) for Consulting Services
11/1/2022 Page 3
3. Submit digital pdf of half sized 11”x17” sets of conceptual 30% plans and
preliminary opinion of probable construction costs to the OWNER for review.
C. Preliminary Design (60% Submittal)
1. Prepare preliminary construction plans that will include the following sheets at the
engineering scale indicated:
Cover Sheet
General Notes
Quantity Sheet
Project Layout & Control Sheet
Demolition Plan
Roadway plan and profile sheets
Scale 1” = 20’ Horizontal; 1” = 2’ Vertical
Cross Section sheets
Scale 1” = 10’ Horizontal; 1” = 2’ Vertical
Drainage plan and profile sheets
Scale 1” = 20’ Horizontal; 1” = 2’ Vertical
Water/wastewater plan and profile sheets
Scale 1” = 20’ Horizontal; 1” = 2’ Vertical
Erosion Control Plans
Traffic Control Plan Concept for Construction Sequencing (True Traffic
Control Plan to be submitted by Contractor)
Pavement Markings Sheet(s) with conduit crossing locations
Detail sheets
Information required can be combined on sheets if the information can be clearly
shown and is approved by OWNER’s project manager.
2. Assemble OWNER’s standard construction contract documents and modify
special technical specifications, if needed, for the project (if any).
3. Prepare an estimate of construction quantities and develop the preliminary opinion
of probable construction costs.
4. Submit digital pdf of half sized 11”x17” sets of preliminary 60% plans, preliminary
construction contract documents, special conditions (if any), and preliminary
opinion of probable construction costs to the OWNER for review.
D. Final Design (90% & 100% Submittals)
1. Revise preliminary plans incorporating comments from the OWNER.
2. Submit digital pdf of of half sized 11”x17” sets of 90% plans, 90% construction
contract documents, and 90% opinion of probable construction costs for OWNER
review.
3. Incorporate final OWNER review comments into the plans and construction
contract documents to finalize construction plans for proposed improvements.
4. Finalize construction contract documents including OWNER standard
specifications, special technical specifications and special conditions (if any).
5. Estimate of final construction quantities and final opinions of construction cost.
6. Submit four (4) sealed (100%) half size 11”x17” sets of final plans and construction
documents and DWG. files for OWNER use.
EXHIBIT A to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch Consulting Engineers,
LLC, a Westwood Company
(CONSULTANT) for Consulting Services
11/1/2022 Page 4
E. Bid Phase Services –
CONSULTANT will support the bid phase of the project as follows.
1. Plan Distribution:
· The CONSULTANT shall assist the city with the BidSync bidding process.
2. Bidder Assistance:
· The CONSULTANT will provide technical interpretation of the contract bid
documents and will prepare proposed responses to all bidders’ questions and
requests, in the form of addenda.
· Attend the bid opening in support of the CITY.
3. Bid Analysis:
· Tabulate and review all bids received for the construction project, assist the
CITY in evaluating bids, and recommend award of the contract.
· Assist the CITY in determining the qualifications and acceptability of
prospective contractors, subcontractors, and suppliers.
· Incorporate all addenda into the contract documents and issue conformed
sets.
4. Recommendation & Notice of Award:
· The CONSULTANT shall review the qualifications of the successful bidder and
prepare a Recommendation of Award for the CITY.
5. Document Assembly:
· The CONSULTANT shall prepare six (6) duplicate sets of conformed contract
documents for execution by the CITY and Contractor.
F. Construction Administration –
1. The CONSULTANT shall attend the preconstruction conference.
2. The CONSULTANT shall review contractor submittals, shop drawings and material
test reports for compliance with the Contract Documents, as requested by the
CITY.
3. After the pre-construction conference, the CONSULTANT shall provide project
exhibits and attend public meeting, if any, to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
4. The CONSULTANT shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
EXHIBIT A to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch Consulting Engineers,
LLC, a Westwood Company
(CONSULTANT) for Consulting Services
11/1/2022 Page 5
G. Project Completion –
1. The CONSULTANT shall attend a final inspection and prepare a final “punch list”
for the contractor.
2. Prepare construction “Record Drawings” based upon mark-ups and information
provided by the construction contractor(s). Submit one (1) set of the record
drawings (with “record drawing stamp” bearing the signature of the Engineer and
the date) to the City on a CD-ROM disk or flash drive containing scanned 22”x34”
black and white PDF images. A copy of the project base file in DWG format will
also be provided.
H. Direct Expenses
1. Included in this item are usual and customary expenses normally incurred during
performance of the services described. These expenses could include courier
delivery charges, copies of existing engineering plans and/or maps, printing and
reproduction (either in-house or by reproduction company) and mileage.
SPECIAL SERVICES:
A. Field Survey
1. Establish Survey Control
Establish survey control along each street or intersecting streets as necessary.
These control points will be established based on and tied to established City
horizontal and vertical control points. The horizontal control for the PROJECT will
be established on the State Plane Coordinate System (NAD'83 Surface
Coordinates) from OWNER monumentation. Control points will be established
using 5/8" iron rods, 18" long. These control points will be established using GPS
and conventional surveying methods.
2. Benchmark Loop
A benchmark circuit will be established, based on the vertical control points
provided. These benchmarks will be located outside of the construction limits and
put in such a place so that they may be easily found for future use. Benchmarks
will be located at about 1,000' intervals and will be referenced. Benchmarks shall
be looped in accordance with good surveying practice prior to field surveys. All
control leveling work will be performed using appropriate modified second order
procedures with closed loops into the PROJECT vertical control.
EXHIBIT A to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch Consulting Engineers,
LLC, a Westwood Company
(CONSULTANT) for Consulting Services
11/1/2022 Page 6
3. Existing Streets, Driveways and Right-of-Way
Existing streets, driveways and right-of-way will be profiled and cross-sectioned at
50' intervals and to points at least 20' outside of the Right-of-Way line. Low points,
high points and other unique features will be tied. Pavement surfacing type(s) will
be determined by visual inspection only. Intersecting streets and extensions
beyond the limits of the roadway being designed will be profiled and
cross-sectioned to a point at least 150' beyond the roadway being designed.
Survey points will also be obtained at the front of each property.
4. Existing Drainage Channels and Drainage Area Verification
Existing drainage channels and swales will be profiled and cross sectioned within
the immediate vicinity of the PROJECT, 100' upstream and downstream. Low
points, high points and any other unique features will be tied. Additional surveying
may be necessary to verify the limits of drainage areas and channel transitions.
5. Existing Underground and/or Overhead Utilities
Utility owners will be contacted, on an as-needed basis, and requested to assist in
locating existing utilities identified for the PROJECT. Above ground features of
existing utilities within the proposed Right-of-Way and 20’ adjacent thereto for the
limits of the PROJECT will be field located, including elevations of sanitary and
storm sewer manhole flowlines and water/gas valve stems. Manholes upstream
and downstream of the PROJECT limits will be tied when needed to determine
pipeline locations and elevations within the PROJECT. The location of utilities
between above ground features will be determined from visual inspection, utility
records, and/or from locations determined by the respective utility companies. The
utilities will be tied to the PROJECT control points and depths determined in
sufficient detail to identify potential conflicts with proposed construction. The
excavation and other costs required to expose or probe the underground utilities
will be the responsibility of others.
6. Right-of-Way
Right-of-Way lines along the PROJECT will be located. This information will be
included on the PROJECT’s plan sheets. A separate line will be shown for grading
limits beyond ROW for landscape purposes.
7. Existing Storm Sewers and Culverts
The size of existing culverts will be measured and tied along with existing
headwalls, channels and aprons. The size, length, and flowline elevation of
existing storm sewers will be surveyed. Drainage areas contributing to the
PROJECT or conveying water from the PROJECT will be determined through field
investigations and available GIS topographic mapping.
EXHIBIT A to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch Consulting Engineers,
LLC, a Westwood Company
(CONSULTANT) for Consulting Services
11/1/2022 Page 7
8. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc.
The Surveyor will exercise care in completing this surveying assignment by using
traffic control devices, flags and safety equipment when necessary.
B. Geotechnical Investigation:
1. Through a qualified subcontractor, CONSULTANT shall:
· Perform soil investigations at reasonable intervals including field and laboratory
tests, borings and related engineering analysis for determining soil conditions
and pavement section recommendations. (6 soil borings are anticipated)
C. Subsurface Utility Engineering:
As described in the ASCE 38-02, four levels have been established to describe the
quality of utility location and attribute information used on plans. The four quality levels
are as follows:
Quality Level D (QL”D”) – Information derived from existing utility records;
Quality Level C (QL”C”) – QL”D” information supplemented with information
obtained by surveying visible above-ground utility features such as valves,
hydrants, meters, manhole covers, etc.
Quality Level B (QL”B”) – Two-dimensional (x, y) information obtained through the
application and interpretation of non-destructive surface geophysical methods.
Also known as “designating” this quality level provides the horizontal position of
subsurface utilities within approximately one foot.
Quality Level A (QL”A”) – Three dimensional (x, y, z) utility information obtained
utilizing non-destructive vacuum excavation equipment to expose utilities at critical
points which are then tied down by surveying. Also known as “locating”, this quality
level provides precise horizontal and vertical positioning of utilities within
approximately 0.05 feet.
CONSULTANT will provide Subsurface Utility Engineering (S.U.E.) Services through
the use of a qualified sub-consultant. Up to Level B S.U.E. only, as determined by the
CONSULTANT, will be performed to ASCE standard guidelines (ASCE 38-02). The
deliverables for this project will be electronic files only in AutoCAD format. All Right-of-
Entry Coordination is to be provided by OWNER. Non-Routing Traffic Control
Measures are not included in the scope of services.
Services not included in this contract:
Construction observation or inspection services
As-built surveys of constructed improvements
Reset property corner monumentation disturbed or removed during or after construction
Phase II Environmental Site Assessments
Storm Water Pollution Prevention Permit (SWPPP) – Erosion Control Plans are included.
END OF EXHIBIT ‘A’
EXHIBIT B to Agreement between the
City of Coppell, Texas (OWNER) and
Pacheco Koch, LLC (CONSULTANT)
for Consulting Services
10/26/2022 Page 1
COMPENSATION AND METHOD OF PAYMENT
HOWELL DRIVE AND BULLOCK DRIVE STREET RECONSTRUCTION
(NORTH OF SOUTHWESTERN BOULEVARD)
COMPENSATION:
For all professional services included in EXHIBIT ‘A’, Scope of Services, the
CONSULTANT shall be compensated a lump sum fee of $213,777.50 as summarized
below. The total lump sum fee shall be considered full compensation for the services
described in EXHIBIT A, including all labor materials, supplies, and equipment necessary
to deliver the services.
Basic Services
A. Project Management, Coordination & Permitting $ 9,060.00
B. Conceptual Design (30% Submittal) 38,452.50
C. Preliminary Design (60% Submittal) 60,740.00
D. Final Design (90% & 100% Submittals) 33,155.00
E. Bid Phase Services 8,550.00
F. Construction Administration 8,490.00
G. Project Completion 2,330.00
H. Direct Expense (Not to Exceed) 1,000.00
SUBTOTAL $ 161,777.50
Special Services
A. Field Survey 30,500.00
B. Subsurface Utility Engineering – Level B 9,500.00
C. Geotechnical Investigation 12,000.00
SUBTOTAL $ 52,000.00
TOTAL $ 213,777.50
METHOD OF PAYMENT:
The CONSULTANT shall be paid monthly payments as described in Article 3 of the
AGREEMENT. The cumulative sum of such monthly partial fee payments shall not
exceed the total current project budget including all approved Amendments. Each invoice
shall be verified as to its accuracy and compliance with the terms of this Agreement by an
officer of the CONSULTANT.
Monthly statements for reimbursable services performed by sub consultants will be based
upon the actual cost to the CONSULTANT plus ten percent (10%). Direct expenses for
services such as printing, express mail, fees, mileage and other direct expenses that are
incurred during the progress of the project will be billed at 1.1 times the CONSULTANT’S
cost with a Not to Exceed amount as indicated above.
END OF EXHIBIT ‘B’
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6591
File ID: Type: Status: 2022-6591 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/28/2022File Created:
Final Action: UbeoFile Name:
Title: Consider approval to enter into a contract with Ubeo for printing services, DIR
contract# DIR CPO-4435, in the amount of $102,228.00 as budgeted; and
authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Proposal.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 2022-6591
Title
Consider approval to enter into a contract with Ubeo for printing services, DIR contract# DIR
CPO-4435, in the amount of $102,228.00 as budgeted; and authorizing the City Manager to
sign all necessary documents.
Summary
Fiscal Impact:
The fiscal impact of this Agenda item is $102,228.00 as budgeted in the General Fund.
Staff Recommendation:
The Enterprise Solutions Department recommends approval.
Strategic Pillar Icon:
Page 1City of Coppell, Texas Printed on 11/4/2022
Master Continued (2022-6591)
Sustainable Government
Page 2City of Coppell, Texas Printed on 11/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: Jerod Anderson, Director of Enterprise Solutions
Date: October 18, 2022
Reference: Consider approval to contract with Ubeo for printing services via, DIR contract #
DIR CPO-4435 in the amount of $102,228.00 as budgeted and authorizing the City
Manager to sign all necessary documents.
2040: Apply “Smart City” Approach to Resource Management
Introduction:
The purpose of this agenda item is to consider approval of a contract for printing services. Ubeo
provides the City of Coppell with their printing, scanning, and copying functionality through a
managed contract. Under this agreement printers and copiers are rented from Ubeo. In addition,
Ubeo provides toner, maintenance, and repair services inclusive to the agreement.
Background:
The City of Coppell has been utilizing the Ubeo contract for several years now to provide print
services. Over time the City’s printing needs have changed and a full review to get a total cost of
ownership was completed. Ubeo conducted a full Business Technology Assessment, going through
each department to discuss needs plus evaluating current usage. Staff worked with Ubeo to
standardize on one brand and model of multi-function printers, which will assist in limiting overage
charges related to color copies. The new model will provide added features, more functionality, and
security to the City’s printers. Staff will also be adding in printer management software to solve for
other printer security solutions, such as new ID badge scanning functionality, a common print
driver, and other updated end user features.
Benefit to the Community:
Ubeo is beneficial to the community by providing a managed print service to allow City staff to
have the tools needed and be equipped with the printing, copying and scanning needed to more
efficiently to complete work.
2
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 $102,228.00 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: 2022-6592
File ID: Type: Status: 2022-6592 Agenda Item Agenda Ready
1Version: Reference: In Control: Parks and
Recreation
10/31/2022File Created:
Final Action: Perry WeatherFile Name:
Title: Consider approval of the purchase of an Outdoor Warning System (OWS),
from Perry Weather, in the amount of $150,173.00 as budgeted in the CRDC
Fund, through the Buyboard, Contract No. 647-21, and authorizing the City
Manager to sign all 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 2022-6592
Title
Consider approval of the purchase of an Outdoor Warning System (OWS), from Perry Weather,
in the amount of $150,173.00 as budgeted in the CRDC Fund, through the Buyboard, Contract
No. 647-21, and authorizing the City Manager to sign all necessary documents.
Summary
See attached memo.
Fiscal Impact:
The fiscal impact of this agenda item is $150,173.00, as budgeted for in the Coppell
Recreation Development Corporation fund.
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 11/4/2022
Master Continued (2022-6592)
The Parks and Recreation Department recommends approval of this item.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 11/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: David Ellison, Parks Operations Manager
Via: Jessica Carpenter, Director of Parks and Recreation
Date: November 8, 2022
Reference: Consider approval of the purchase of an Outdoor Warning System (OWS), from Perry
Weather, in the amount of $150,173.00 as budgeted in the CRDC Fund Balance, with
contract pricing through the Buyboard, Contract No. 647-21, and authorizing the City
Manager to sign all necessary documents.
2040: Sustainable City Government: Excellent and Well-Maintained City Infrastructure and
Facilities
Introduction:
The purpose of this agenda item is for the Parks and Recreation Department to upgrade the current
lightning prediction and outdoor warning system (OWS) to Perry Weather. This system will be widely
used throughout the City’s athletic fields, parks, and facilities.
Background:
The current lightning prediction system installed throughout the parks system, Thor Guard, has
become outdated and is no longer being regularly serviced and supported by the vendor.
The Perry Weather OWS is a completely wireless, cloud-based emergency alert and lightning warning
system with a one-of-a-kind design. The OWS system allows cities to protect their community more
easily from lightning and all other severe weather events, whether City staff are present or not.
Constantly operational and integrated with the world’s most reliable lightning detection network, the
OWS provides round-the-clock weather risk monitoring and lightning warning with no false alarms.
Equipped with the Public Address functionality, these units dually function as an emergency
management tool. The OWS can broadcast personalized text-to-speech messages to onsite crowds, or
automatically announce a lightning delay to patrons after the siren sounds.
Included in this purchase are five (5) weather stations that will be installed around the City at various
locations. The weather stations will utilize the Wet Bulb Globe Temperature (WBGT) model, which
is a more accurate representation of weather conditions than the older heat index model. WBGT is
2
the best way for venues, cities and organizations to safely track and monitor heat stress. This metric
has been in use for decades, but is now becoming more widely known, and is even used in new
requirements set by OSHA for heat stroke prevention. Perry Weather is the only company that offers
weather stations with the ability to monitor and alert City staff when extreme temperatures have
reached unsafe levels at facilities. In addition to WBGT, the weather stations seamlessly integrate
into Perry Weather’s web-enabled dashboard and mobile app to provide hyperlocal weather data for
all critical risk and cancellation decisions. Up to 60 times faster than any public weather monitoring
station or app, the automated weather observing systems provide actionable information for decision
makers. The outdoor weather stations can simultaneously measure weather readings such as
temperature, WBGT, wind chill, rainfall, wind speed, and more. This system will also keep a
historical data log of this information.
The Coppell Independent School District (CISD) has also upgraded from Thor Guard to Perry
Weather’s OWS and weather stations within the last year. The following is a list of surrounding cities
that utilize the Perry Weather systems: Roanoke, Southlake, Grapevine, Colleyville, Arlington,
McKinney, Mansfield, Burleson, Grand Prairie, Lewisville, The Colony, Carrollton, Allen, Rockwall,
Red Oak, Cedar Hill, Denton, and the Towns of Little Elm, Prosper and Trophy Club.
Benefit to the Community:
The Perry Weather OWS will enhance the safety of park patrons by providing accurate, consistent,
and timely alerts for all weather conditions at City facilities when outdoor activity is no longer safe.
Legal Review:
City Attorney has reviewed the contract.
Fiscal Impact:
The fiscal impact of this agenda item is $150,173.00, as budgeted in the Coppell Recreation
Development Corporation fund.
Recommendation:
The Parks and Recreation Department recommends approval of this item.
City o f Coppel l - Wea ther Sa fety System
Upgr ade (Pu rcha se)
Reference: 2 0 2 21006 -2143 1 7 2 41
Quote created: October 6, 2022
Quote expi res: D ecember 31, 2022
Quote created by: Bro o ks Mi ddl eton
bro o ks@perryweather.co m
Co mments fro m Bro o ks Middleto n
BuyBoard = 647-21
TIPS = 210102
Quote Pro vides: 12 Outdoor Warning Systems + 5 Weather Stations + Software/Mobile ap p f or 120 users
*3 year maintenance & warranty included for all hardware units
Products & Services
Item & Descriptio n Quantity Unit Price To tal
Outdo o r Warning System (OWS)
- Outdoor Warning Station w/Public Address &
text to sp eech
- 2 Electronic Speakers & 1 Flashing Strobe
- Fully wireless (cellular connectivity &
solar/battery backup)
- Syncs w/ all Perry W eather software
- Automated & Manually trig g ered
- Custom active hours
12 $10,000.00 $120,000.00
Weather Stati on (wi th Exi sti ng OW S)
- Syncs w/ all Perry W eather software
- Temperature & Humid ity
- WBGT & Heat Index
- Wind Speed & Direction
- Wind Chill
- Precipitation
- HD Sky Camera
* 1 Weather Station included at no cost
5 $1,500.00 $6,000.00
af ter 20% discount
City of Co ppell
255 Parkway Bo ulevard
Co ppell , TX 75019
Uni ted States
Assi sted Hardware i nstal l
*Req uires on site assistance f rom customer to lif t
and m ove hardware into place.
17 $899.00 $15,283.00
Software Subscri pti o n
- M obile app & desktop dashboard access
- 120 individual user log ins
- 24/7 Meteorolog ist Support (Phone & Em ail)
- GPS Tracking for mobile
- Text & Email lig htning alerts with custom
m essag e displaying req uired action
- Text alerts f or all NWS watches/warnings
(Tornad o, Winter Weather)
- Widgets f or city website
1 $8,890.00 / year $8,890.00 / year
f or 5 years
Subtotals
Annual subto tal $8,890.00
One-time subto tal $141,283.00
af ter $1,500.00 discount
Total $150,173.00
Purchase Terms
*This quote assum es a 5 year agreem ent
*PW requires client p rovide access to lift or bucket truck for install
Questio ns? Contact me
Brooks Middleto n
brooks@perryweather.com
Perry Weather
1355 Motor Ci rcl e
D al las, Texas 75207
Uni ted States
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6600
File ID: Type: Status: 2022-6600 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: ARPA AgreementsFile Name:
Title: Consider approval to enter into an agreement between the City of Coppell
and Metrocrest Services, Inc., to provide a grant in the amount of $375,000
over a three-year period using American Rescue Plan Act (ARPA) funds; and
authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Grant Agreement.pdf, Exhibit A - Funding
Proposal.pdf, Exhibit B - Rules and Regulations.pdf,
Exhibit C - Compliance and Reporting Guidance.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 2022-6600
Title
Consider approval to enter into an agreement between the City of Coppell and Metrocrest
Services, Inc., to provide a grant in the amount of $375,000 over a three-year period using
American Rescue Plan Act (ARPA) funds; and authorizing the City Manager to sign all
necessary documents.
Summary
Fiscal Impact:
ARPA Funds
Staff Recommendation:
Recommends Approval
Page 1City of Coppell, Texas Printed on 11/4/2022
Master Continued (2022-6600)
Strategic Pillar Icon:
Vision 2040 Foundation
Page 2City of Coppell, Texas Printed on 11/4/2022
MEMORANDUM
To: Mayor and City Council
From: Vicki Chiavetta, Deputy City Manager
Date: November 8, 2022
Reference: Consider approval to enter into an agreement between the City of Coppell and Metrocrest
Services, Inc., to provide a grant in the amount of $375,000 over a three-year period
using American Rescue Plan Act (ARPA) funds; and authorizing the City Manager to
sign all necessary documents.
2040: Vision 2040 Foundation
Introduction:
The purpose of this agenda item is to request approval to enter into an agreement between the City of
Coppell and Metrocrest Services, Inc. to provide social services to Coppell residents who were impacted
by the COVID-19 pandemic. The agreement is an ARPA grant in the amount of $375,000, to be
dispersed over a three-year time period between October 2022 and September 2025.
Background:
The City of Coppell received ARPA funds to be used for the purpose of supporting the response to and
recovery from the COVID-19 public health emergency. The funds were provided to ensure that
governments have the resources to fight the pandemic and support families and businesses struggling
with its public health and economic impacts, among other things.
In January 2022, City Council designated ARPA funding for local social services and agreed to grant
funding to Metrocrest Services to provide services to Coppell residents who were impacted by the
COVID-19 pandemic.
Benefit to the Community:
The benefit to the community is through the programs that Metrocrest Services provides to help
residents in crisis as well as guide them to future stability and success. These programs include:
•Housing Stability and Financial Capability Program: funds will be used to assist with
rent/mortgage assistance and financial coaching will be provided to support long-term housing
security.
•Homeless Response: Funds will be used for Diversion Services, which keep people from a
shelter bed and provide them with the support for finding longer term assistance.
• Workforce Development: Funds will be used to help people to complete certifications or training
and to secure employment.
Legal Review: The City Attorney has reviewed all documents.
Fiscal Impact: ARPA funds in the amount of $375,000 are allocated to be used for the grant to
Metrocrest Services, Inc. The funds will be dispersed over a three-year period.
Recommendation: The City Manager’s Office recommends approval of the agreement.
Serving Carrollton, Farmers Branch, Addison, Coppell, and city of Dallas in Denton County
13801 Hutton Drive, Suite 150 • Farmers Branch, TX 75234 • (972) 446 -2100 • FAX (214) 694-2171
www.metrocrestservices.org
Housing Stability and Financial Capability Program
Description: The program addresses residents who are currently precariously housed and in
immediate risk of homelessness. Case Manager Coach (CMC) qualify clients for services based
on financial need using employment, income, housing, expenses, and family demographics. As
part of this initial assessment, the CMC works with the client to determine the level of financial
assistance needed and a housing stability plan begins to form. Once the need has been verified,
the CMC will approve financial assistance. Additionally, the CMC pairs the Housing Stability
Program with the Financial Capability Program giving participants the tools, knowledge, skills,
and access they need to manage their limited resources effectively and make the most of their
income. In the initial housing assessment, the staff uses an evidence-based income and benefits
screening tool to evaluate the client's monthly income and expenses, opening up the first
conversation about finances and budgeting.
Eligibility: Individuals or Households of low to moderate income, which is defined as 80% or less
of the area's median income.
Use of Funds: Funding provided will be utilized to pay for rent/mortgage, including arrears, and
utility assistance, paid directly to the Vendor. Due to the increase in need during the pandemic
and the recent historic inflation, Metrocrest has been providing full rent assistance, including
multiple months and arrears, to ensure families avoid homelessness. The number of months of
assistance is not capped and determined on a case-by-case basis on overall need of the
Household. Financial Coaching will be provided to support long-term housing security through
creating monthly household budgets and following best practices for money management.
Funding will also be allocated for appropriate Administrative costs, both Direct and In-Direct
staff costs.
Homeless Response
Description: The program addresses residents who are currently experiencing homelessness and
in need of lodging and other support services.
Eligibility: Individuals and Families who lack a fixed, regular, and adequate nighttime residence,
and if they sleep in a shelter designated for temporary living accommodations or in places not
designated for human habitation.
Use of Funds: Funds are allocated for Diversion Services, defined by services that will keep
someone from a shelter bed. Examples include, a bus ticket home after verification process has
been completed, transportation to a substance abuse treatment program, bridge lodging for people
experiencing homelessness who have employment and are newly homeless. Diversion services
also include funds for acquiring documents, including IDs that will enable individuals
experiencing homeless to access services for help off the streets. Direct payment is made to
Vendors. Funding will also be allocated for appropriate Administrative costs, both Direct and In-
Direct staff costs.
Serving Carrollton, Farmers Branch, Addison, Coppell, and city of Dallas in Denton County
13801 Hutton Drive, Suite 150 • Farmers Branch, TX 75234 • (972) 446-2100 • FAX (214) 694-2171
www.metrocrestservices.org
Workforce Development
Description: Workforce Development program is critical to creating permanent success for our
clients. We implement various strategy models within our program: 1) Pathways to Enhanced
Work, which includes a resume and cover letter review, mock interviews, job search training,
computer skills training, soft skills training, and 2) Competitive Edge (CE) a 3 ½ day
employment event with workshops that focus on job readiness training, job retention, financial
stability, and culminates in a “Day of Opportunity” with job interviews with local employers
offering livable wage jobs; 3) Connections to Careers provides access to certifications, associate,
and undergraduate degrees while providing comprehensive support services. A career assessment
helps individuals identify undeveloped skills. After which, Metrocrest works to refer the client to
one of the training options we have available including, Opportunity One, an online training
portal with a multitude of choices for self-paced learning, Dallas College, or other training
options that are available. 4) Certifications provide support to clients so they may attend vocation
training such as teacher certifications, CDL, or EMT. Supports vary based on the client and could
include items such as tuition payment, books, or exam fees. 5) Adult Basic Education (GED)
through our online, self-paced program. We partner directly with Essential Ed and provide on-site
subject-specific tutoring. 6) English As a Second Language is coordinated through Brookhaven
campus to further enhance the client’s ability to secure meaningful full-time employment.
Eligibility: Individuals or Households of low to moderate income, which is defined as 80% or less
of the area's median income.
Use of Funds: Funding provided will be utilized to pay for client program costs including
certifications, training, tuition payment, books, exam fees, and other approved uses considered
necessary for completion of education or to secure employment, paid directly to the Vendor.
Funding will also be allocated for appropriate Administrative costs, both Direct and In-Direct
staff costs.
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
1
ted ieethe due
ADD cover page
November xx, 2021
Version: 2.0
June 17, 2022
Version: 4.1
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
2
Coronavirus State and Local Fiscal Recovery Funds
Guidance on Recipient Compliance and Reporting
Responsibilities
On March 11, 2021, the American Rescue Plan Act was signed into law, and established the
Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which
together make up the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program. This
program is intended to provide support to State, territorial, local, and Tribal governments in responding
to the economic and public health impacts of COVID -19 and in their efforts to contain impacts on their
communities, residents, and businesses.
In May 2021, Treasury published the interim final rule (“IFR”) describing eligible and ineligible uses of
SLFRF, as well as other program requirements. The initial versions of this Compliance and Reporting
guidance reflected the IFR and its eligible use categories. On January 6, 2022, the U.S. Department
of the Treasury (“Treasury”) adopted the final rule implementing the SLFRF program . The final rule
became effective on April 1, 2022. Prior to the final rule effective date , the IFR remained in effect;
funds used consistently with the IFR while it was in effect were in compliance with the SLFRF program.
However, recipients could choose to take advantage of the final rule’s flexibilities and simplifications
ahead of the effective date. Recipients may consult the Statement Regarding Compliance with the
Coronavirus Stat e and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for more
information on compliance with the IFR and the final rule.
To support recipients in complying with the final rule, t his reporting guidance reflects the final rule and
provides additional detail and clarification for each recipient’s compliance and reporting
responsibilities under the SLFRF program, and should be read in concert with the Award Terms and
Conditions, the authorizing statute, the final rule, and other regulatory and statutory requirements,
including regulatory requirements under the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (“Uniform Guidance” or 2 CRF Part 200), and the
Compliance Supplement. Please see the Assistance Listing in SAM.gov under assistance listing
number (formerly known as CFDA number) 21.027 for more information.
Please Note: This guidance document applies to the SLFRF program only and does not change or
impact reporting and compliance requirements for the Coronavirus Relief Fund (“CRF”) established
by the CARES Act.
This guidance includes two parts:
Part 1: General Guidance
This section provides an orientation to recipients’ compliance responsibilities and Treasury’s
expectations and recommends best practices where appropriate under the SLFRF program.
A. Key Principles……………………..……………………………………………………. P. 4
B. Statutory Eligible Uses…………………………………………………………………. P. 4
C. Treasury’s Final Rule……………………………………………………….………… P. 5
D. Uniform Guidance (2 CFR Part 200)……………..…………………………………… P. 7
E. Award Terms and Conditions………………………………...………………………...
P. 11
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
3
Part 2: Reporting Requirements
This section provides information on the reporting requirements for the SLFRF program.
A. Interim Report…...…………………………………………………………………...…. P. 16
B. Project and Expenditure Report…………….…………………………………...……. P. 17
C. Recovery Plan Performance Report..………………..……………………….….…… P. 34
Appendix 1: Expenditure Categories…………………………………………………….…… P. 42
Appendix 2: Evidenced-Based Intervention Additional Information…………………….…. P. 47
Appendix 3: Expenditure Categories under the Interim Final Rule……………………….. P. 48
OMB Control Number: 1505-0271
OMB Expiration Date: 04/30/2025
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden for the collections of information included in this guidance is as follows: 30 minutes
for Title VI Assurances, 2 hours per response for the Interim Report, 6 hours per response for the
Project and Expenditure Report and 100 hours per response for the Recovery Plan Performance
Report (if applicable). Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy, Transparency and Records,
Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send
the form to this address. An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid control number a ssigned by OMB.
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
4
Part 1: General Guidance
This section provides an orientation on recipients’ compliance responsibilities and Treasury’s
expectations and recommended best practices where appropriate under the SLFRF program .
Recipients under the SLFRF program are the eligible entities identified in sections 602 and 603 of the
Social Security Act as added by section 9901 of the American Rescue Plan Act of 2021 (the “SLFRF
statute”) that receive an SLFRF award. Subrecipients under the SLFRF program are entities that
receive a subaward from a recipient to carry out the purposes (program or project) of the SLFRF
award on behalf of the recipient.
Recipients are accountable to Treasury for oversight of their subr ecipients in accordance with 2 CFR
200.332, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms
and Conditions, Treasury’s interim final rule and final rule, applicable federal statutes, regulations ,
and reporting requirements.
A. Key Principles
There are several guiding principles for developing your own effective compliance regimes:
• Recipients and subrecipients are the first line of defense and responsible for ensuring the SLFRF
award funds are not used for ineligible purposes, and there is no fraud, waste, or abuse associated
with their SLFRF award;
• Many SLFRF-funded projects respon d to the COVID-19 public health emergency and meet urgent
community needs. Swift and effective implementation is vital, and recipients must balance
facilitating simple and rapid program access widely across the community and maintaining a
robust documentation and compliance regime;
• Treasury encourages recipients to use SLFRF -funded projects to advance shared interests and
promote equitable delivery of government benefits and opportunities to underserved communities,
as outlined in Executive Order 13985, On Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government; and
• Transparency and public accountability for SLFRF award funds and use of such funds are critical
to upholding program integrity and trust in all levels of government, and SLFRF award funds
should be managed consistent with Administration guidance per Memorandum M-21-20 and
Memorandum M-20-21.
B. Statutory Eligible Uses
As a recipient of an SLFRF award, your organization has substantial discretion to use the award funds
in the ways that best suit the needs of your constituents – as long as such use fits into one of the
following four statutory categories:
1. To respond to the COVID-19 public health emergency or its negative economic impacts;
2. To respond to workers performing essential work during the COVID -19 public health emergency
by providing premium pay to eligible workers of the re cipient that are performing such essential
work, or by providing grants to eligible employers that have eligible workers who perform essential
work;
3. For the provision of government services, to the extent of the reduction in revenue of such
recipient due to the COVID–19 public health emergency, relative to revenues collected in the most
recent full fiscal year of the recipient prior to the emergency; or
4. To make necessary investments in water, sewer, or broadband infrastructure.
Treasury adopted an interim final rule in May 2021 and the final rule on January 6, 2022 to
implement these eligible use categories and other r estrictions on the use of funds under the SLFRF
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
5
program . The final rule took effect on April 1, 2022, and the interim final rule remained in effect
until that time, although recipients could choose to take advantage of the final rule’s flexibilities and
simplifications prior to April 1, 2022. Recipients may consult the Statement Regarding Compliance
with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for
more information on compliance with the interim final rule and the final rule.
It is the recipient’s responsibility to ensure all SLFRF award funds are used in compliance with the
program’s requirements. In addition, recipients should be mindful of any additional compliance
obligations that may apply – for example, additional restrictions imposed upon other sources of funds
used in conjunction with SLFRF award funds, or statutes and regulations that may independently
apply to water, broadband, and sewer infrastructure projects. Recipients should ensure they maintain
proper documentation supporting determinations of costs and applicable compliance requirements,
and how they have been satisfied as part of t heir award management, internal controls, and
subrecipient oversight and management.
C. Treasury’s Final Rule
Treasury’s final rule details recipients’ compliance responsibilities and provides additional information
on eligible and restricted uses of SLFRF award funds and reporting requirements. Your organization
should review and comply with the information contained in Treasury ’s final rule when building
appropriate controls for SLFRF award funds.
1. Eligible and Restricted Uses of SLFRF Funds. As described in the SLFRF statute and
summarized above, there are four enumerated eligible uses of SLFRF award funds. As a recipient
of an award under the SLFRF program, your organization is responsible for complying with
requirements for the use of funds. In addi tion to determining a given project’s eligibility, recipients
are also responsible for determining subrecipient’s or beneficiaries’ eligibility , and must monitor
subrecipients’ use of SLFRF award funds.
To help recipients build a greater understanding of eligible uses, Treasury’s final rule establishes
a framework for determining whether a specific project would be eligible under the SLFRF
program, including some helpful definitions. For example, Treasury’s final rule establishes:
• A framework for determining whether a project responds to the COVID-19 public health
emergency or its negative economic impacts;
• Definitions of “eligible employers,” “essential work,” “eligible workers,” and “premium pay” for
cases where premium pay is an eligible use;
• The option to select between a standard amount of revenue loss or complete a full revenue
loss calculation of revenue lost due to the COVID-19 public health emergency;
• A framework for necessary water and sewer infrastructure projects that aligns eligible uses
with projects that are eligible under the Environmental Protection Agency’s Drinking Water
and Clean Water State Revolving Funds along with certain additional projects, including a
wider set of lead remediation and stormwater infrastructure projects and aid for residential
wells; and
• A framework for necessary broadband projects that allows for projects that are designed to
provide service of sufficient speeds to eligible areas, as well as an affordability requirement
for providers that provide service to households .
Treasury’s final rule also provides more information on important restrictions on use of SLFRF
award funds, including that recipients other than Tribal governments may not deposit SLFRF
funds into a pension fund; and recipients that are States or territories may not use SLFR F funds
to offset a reduction in net tax revenue resulting from the recipient’s change in law, regulation, or
administrative interpretation. In addition, recipients may not use SLFRF funds directly to service
debt, satisfy a judgment or settlement, or contribute to a “rainy day” fund. Recipients should refer
to Treasury’s final rule for more information on these restrictions.
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
6
Treasury’s final rule outlines that f unds available under the “revenue loss” eligible use category
(sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet
the non-federal cost-share or matching requirements of other federal programs. However, the final
rule notes that SLFRF funds may not be used as the non-federal share for purposes of a state’s
Medicaid and CHIP programs because the Office of Management and Budget (“OMB”) has
approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2
CFR 200.102 of the Uniform Guidance and related regulations. If a recipient seeks to use SLFRF
funds to satisfy match or cost-share requirements for a federal grant program, it should first
confirm with the relevant awarding agency that no waiver has been granted for that program, that
no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds
to meet the match or cost-share requirement, and that there is no other statutory or regulatory
impediment to using the SLFRF funds for the match or cost -share requirement. SLFRF funds
beyond those that ar e available under the revenue loss eligible use category may not be used to
meet the non-federal match or cost-share requirements of other federal programs, other than as
specifically provided for by statute. For example, the Infrastructure Investment and Jobs Act
provides that SLFRF funds may be used to meet the non -federal match requirements of
authorized Bureau of Reclamation projects and certain broadband deployment projects .
2. Eligible Costs Timeframe. Your organization, as a recipient of an SLFRF award, may use SLFRF
funds to cover eligible costs that your organization incurred during the period that begins on March
3, 2021 and ends on December 31, 2024, as long as the award funds for the obligations incurred
by December 31, 2024 are expended by Decemb er 31, 2026. Costs for projects incurred by the
recipient State, territorial, local, or Tribal government prior to March 3, 2021 are not eligible, as
provided for in Treasury’s final rule.
Recipients may, in certain circumstances, use SLFRF award funds for the eligible use
categories described in Treasury’s final rule for costs incurred prior to March 3, 2021.
Specifically,
a. Public Health/Negative Economic Impacts: Recipients may use SLFRF award funds to
provide assistance to households, small businesses, and nonprofits to respond to the public
health emergency or negative economic impacts of the pandemic – such as rent, mortgage,
or utility assistance – for costs incurred by the beneficiary (e.g., a household) prior to March
3, 2021, provided that the recipient State, territorial, local or Tribal government did not incur
the cost of providing such assistance prior to March 3, 2021.
b. Premium Pay: Recipients may provide premium pay retrospectively for work performed at
any time since the start of the COVID-19 public health emergency. Such premium pay must
be “in addition to” wages and remuneration already received and the obligation to provide
such premium pay must not have been incurred by the recipient prior to March 3, 2021.
c. Revenue Loss: Recipients have broad discretion to use funds for the provision of
government services to the extent of reduction in revenue. While calculation of lost revenue
is based on the recipient’s revenue in the last full fiscal year prior to the COVID -19 public
health emergency, use of funds for government services must be forward looking for costs
incurred by the recipient after March 3, 2021.
d. Investments in Water, Sewer, and Broadband: Recipients may use SLFRF award funds to
make necessary investments in water, sewer, and broadband infrastructure. Recipients may
use SLFRF award funds to cover costs incurred for eligible projects planned or started prior
to March 3, 2021, provided that the project costs covered by the SLFRF award funds were
incurred by the recipient after March 3, 2021.
Any funds not obligated or expended for eligible uses by the timelines above must be returned
to Treasury, including any unobligated or unexpend ed funds that have been provided to
subrecipients and contractors as part of the award closeout process pursuant to 2 C.F.R.
200.344(d). For the purposes of determining expenditure eligibility, Treasury’s final rule provides
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
7
that “incurred” means the recipient has incurred an obligation, w hich has the same meaning
given to “financial obligation” in 2 CFR 200.1.
3. Reporting. Generally, recipients must submit one initial Interim Report, quarterly or annual Project
and Expenditure reports which include subaward reporting, and in some cases annual Recovery
Plan reports. Treasury’s final rule and Part 2 of this guidance provide more detail around SLFRF
reporting requirements.
4. Expenditure Categories. Treasury’s final rule provides greater flexibility and simplicity for
recipients to fight the pandemic and support families and businesses struggling with its impacts ,
maintain vital ser vices amid revenue shortfalls, and build a strong, re silient, and equit able
recovery. As such, recipients report on a broader set of eligible uses and associated Expenditure
Categories (“EC”), which began with the April 2022 Project and Expenditure Report. Appendix 1
includes the new ECs, as well as a reference to previous ECs used for reporting under the interim
final rule.
D. Uniform Administrative Requirements
The SLFRF awards are generally subject to the requirements set forth in the Uniform Guidance. In all
instances, your organization should review the Uniform Guidance requirements applicable to your
organization’s use of SLFRF funds, and SLFRF-funded projects. Recipients should consider how and
whether certain aspects of the Uniform Guidance apply.
The following sections provide a general summary of your organization’s compliance responsibilities
under applicable statutes and regulations, including the Uniform Guidance, as described in the most
recent compliance supplement issued by OMB. Note that the descriptions below are only general
summaries and all recipients and subrecipients are advised to carefully review the Uniform Guidance
requirements and any additional regulatory and statutory requirements applicable to the program.
1. Allowable Activities. Each recipient should review program requirements, including Treasury’s
final rule and the recipient’s Award Terms and Conditions, to determine and record eligible uses
of SLFRF funds. Per 2 CFR Part 200.303, your organization must develop and implement effective
internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses
of funds, and document determinations.
Assistance Listing
The Assistance Listing for the Coronavirus State and Local Fiscal Recovery Funds
(SLFRF) was published May 28, 2021 on SAM.gov under Assistance Listing Number
(“ALN”), formerly known as CFDA Number, 21.027.
The assistance listing includes helpful information including program purpose, statutory
authority, eligibility requirements, and compliance requirements for recipients. The ALN is
the unique 5-digit number assigned to identify a federal assistance listing, and can be used
to search for federal assistance program information, including funding opportunities,
spending on USASpending.gov, or audit results through the Federal Audit Clearinghouse.
To expedite payments and meet statutory timelines Treasury issued initial payments under
an existing ALN, 21.019, assigned to the C RF. If you have already received funds or
captured the initial number in your records, please update your systems and reporting to
reflect the new ALN 21.027 for the SLFRF program. Recipients must use ALN 21.027
for all financial accounting, subawards, and associated program reporting
requirements for the SLFRF awards.
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
8
2. Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part 200,
Subpart E regarding Cost Principles, allowable costs are based on the premise that a recipient is
responsible for the effective administration of Federal awards, application of sound management
practices, and administration of Federal funds in a manner consistent with the program objectives
and terms and conditions of the award. Recipients must implement robust internal controls and
effective monitoring to ensure compliance with the Cost Principles, which are important for
building trust and accountability.
SLFRF funds may be, but are not required to be, used along with other funding sources for a given
project. Recipients should note that SLFRF funds available under the “revenue loss” eligible use
category generally may be used to meet the non-federal cost-share or matching requirements of
other federal programs. If a recipient seeks to use SLFRF funds to satisfy match or cost-share
requirements for a federal grant program, the recipient should first confirm with the relevant
awarding agency that no waiver has been granted for that program, that no other circumstances
enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or
cost-share requirement, and that there is no other statutory or regulatory impediment to using the
SLFRF funds for the match or cost-share requirement. For instance, recipients should note that
SLFRF funds may not be used as the non-federal share for purposes of a state’s Medicaid and
CHIP programs because the OMB has approved a waiver from this provision as requested by the
Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance
and related regulations.
SLFRF funds beyond those that are availabl e under the revenue loss eligible use category may
not be used to meet the non-federal match or cost-share requirements of other federal programs,
other than as specifically provided for by statute. As an example, the Infrastructure Investment
and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements
of authorized Bureau of Reclamation projects and certain broadband deployment projects.
Recipients should consult the final rule for further details if they seek to utilize S LFRF funds as a
match for these projects.
Treasury’s final rule, program guidance, and the Uniform Guidance outline the types of costs that
are allowable, including certain audit costs. For example, per 2 CFR 200.425, a reasonably
proportionate share of the costs of audits required by the Single Audit Act Amendments of 1996
are allowable; however, costs for audits that were not performed in accordance with 2 CFR Part
200, Subpart F and the Compliance Supplement are not allowable. Please see 2 CFR Part 20 0,
Subpart E regarding the Cost Principles for more information.
a. Administrative costs: Recipients may use funds for administering the SLFRF program,
including costs of consultants to support effective management and oversight, including
consultation for ensuring compliance with legal, regulatory, and other requirements.1 Further,
costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405.
Pursuant to the SLFRF Award Terms and Conditions, recipients are permitted to charge
both direct and indirect costs to their SLFRF award as a dministrative costs as long as they
are accorded consistent treatment per 2 CFR 200.403. Direct costs are those that are
identified specifically as costs of implementing the SLFRF program objectives, such as
contract support, materials, and supplies for a project. Indirect costs are general overhead
costs of an organization where a portion of such costs are allocable to the SLFRF award
such as the cost of facilities or administrative functions like a director’s office.23 Each
category of cost should be treated consistently in like circumstances as direct or indirect, and
1 Recipients also may use SLFRF funds directly for administrative costs to improve the design and execution
of programs responding to the COVID-19 pandemic and to administer or improve the efficacy of programs
addressing the public health emergency or its negative economic impacts. 31 CFR 35.6(b)(3)(ii)(E)(3).
2 2 CFR 200.413 Direct Costs.
3 2 CFR 200.414 Indirect Costs.
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recipients may not charge the same administrative costs to both direct and indirect cost
categories, or to other programs. If a recipient has a current Negotiated Indirect Costs Rate
Agreement (“NICRA”) established with a Federal cognizant agency responsible for
reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then
the recipient may use its current NICRA. Alternatively, if the recipient does not have a
NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total
direct costs pursuant to 2 CFR 200.414(f).
b. Salaries and Expenses: In general, certain employees’ wages, salaries, and covered
benefits are an eligible use of SLFRF award funds. Please see Treasury’s final rule for
details.
3. Cash Management. SLFRF payments made to recipients are not subject to the requirements of
the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR Part
205 or 2 CFR 200.305(b)(8)-(9).
As such, recipients can place funds in interest-bearing accounts, do not need to remit interest to
Treasury, and are not limited to using that interest for eligible uses under the SLFRF award.
4. Eligibility. Under this program, recipients are responsible for ensuring funds are used for eligible
purposes. Generally, recipients must develop and implement policies and procedures, and retain
records, to determine and monitor implementation of criteria for determining the eligibility of
beneficiaries and/or subrecipients. Your organization, and if applicable, the sub recipient(s)
administering a program on behalf of your organization, will need to maintain procedures for
obtaining information evidencing a given beneficiary, subrecipient, or contractor’s eligibility ,
including a valid SAM.gov registration (except with respect to individuals or households for which
a SAM.gov registration is not required). Implementing risk-based due diligence for eligibility
determinations is a best practice to augment your organization’s existing controls.
5. Property Management. Any purchase of real or personal property with SLFRF funds must be
consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D , unless stated otherwise by
Treasury.
6. Matching, Level of Effort, Earmarking. There are no matching, level of effort, or earmarking
compliance responsibilities associated with the SLFRF award. See Section C.1 (Eligible and
Restricted Uses of SLFRF Funds) for a discussion of restrictions on use of SLFRF funds. Please
see 2. Allowable Costs/Cost Principles above for information on the use of SLFRF funds for non-
Federal match or cost-sharing requirements in other Federal programs.
7. Period of Performance. Your organization should also develop and implement internal controls
related to activities occurring outside the period of performan ce. All funds remain subject to
statutory and regulatory requirements that they must be used for costs incurred by the recipient
during the period that begins on March 3, 2021, and ends on December 31, 2024, and that award
funds for the financial obligations incurred by December 31, 2024 must be expended by December
31, 2026. Any funds not used must be returned to Treasury as part of the award closeout process
pursuant to 2 C.F.R. 200.344(d).
8. Procurement, Suspension & Debarment. Recipients are responsible for ensuring that any
procurement using SLFRF funds, or payments under procurement contracts using such funds ,
are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317
through 2 CFR 200.327, as applicable. The Uniform Guidance establishes in 2 CFR 200.319 that
all procurement transactions for property or services must be conducted in a manner providing
full and open com petition, consistent with standards outlined in 2 CFR 200.320 , which allows for
non-competitive procurements only in certain circumstances. Recipients must have and use
documented procurement procedures that are consistent with the standards outlined in 2 CFR
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200.317 through 2 CFR 200.320. The Uniform Guidance, pursuant to 2 CFR 180, requires an
infrastructure for competitive bidding and contractor oversight, including maintaining written
standards of conduct and prohibitions on dealing with suspended or debarred parties. Your
organization must ensure adherence to all applicable local, State, and federal procurement laws
and regulations.
9. Program Income. Generally, program income includes, but is not limited to, income from fees for
services performed, the use or rental of real or personal property acquired under Federal awards ,
and principal and interest on loans made with Federal award funds. Program income does not
include interest earned on advances of Federal funds, rebates, credits, discounts, or int erest on
rebates, credits, or discounts. Recipients of SLFRF funds should calculate, document, and record
the organization’s program income. Additional controls that your organization should implement
include written policies that explicitly identify appro priate allocation methods, accounting
standards and principles, compliance monitoring checks for program income calculations, and
records.
The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR
200.307. Treasury has clarified in its SLFRF Final Rule: Frequently Asked Questions that
recipients may add program income to the Federal award. Any program income generated from
SLFRF funds must be used for the purposes and under the conditions of the Federal award.
10. Reporting. All recipients of federal funds must complete financial, performance, and compliance
reporting as required and outlined in Part 2 of this guidance. Expenditures may be reported on a
cash or accrual basis, as long as the methodology is disclosed and consist ently applied. Reporting
must be consistent with the definition of expenditures pursuant to 2 CFR 200.1. Your organization
should appropriately maintain accounting records for compiling and reporting accurate, compliant
financial data, in accordance with appropriate accounting standards and principles.
In addition, where appropriate, your organization needs to establish controls to ensure completion
and timely submission of all mandatory performance and/or compliance reporting. See Part 2 of
this guidance for a full overview of recipient reporting respon sibilities.
Consolidated jurisdictions or other types of jurisdictions that received multiple SLFRF allocations
(e.g., a county and city with a consolidated government) are only required to file once per reporting
period, and such reports will cover the total SLFRF allocations received by the jurisdiction. This
includes Non-entitlement units of local government (“NEUs”) and/or Units of general local
government located within counties that are not units of general local governmen t. In addition,
the total SLFRF allocations across all sources for a given jurisdiction will be used to identify that
jurisdiction’s Reporting Tier.
11. Subrecipient Monitoring. SLFRF recipients that are pass-through entities as described under 2
CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with
requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass -
through entities.
First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward
of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any
and all reporting requirements for expenditures of SLFRF funds.
Next, your organization will need to evaluate each subrecipient’s risk of noncompliance based on
a set of common factors. These risk assessments may include factors such as prior experience
in managing Federal funds, previous audits, personnel, and poli cies or procedures for award
execution and oversight. Ongoing monitoring of any given subrecipient should reflect its assessed
risk and include monitoring, identification of deficiencies, and follow -up to ensure appropriate
remediation.
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Accordingly, your organization should develop written policies and procedures for subrecipient
monitoring and risk assessment and maintain records of all award agreements identifying or
otherwise documenting subrecipients’ compliance obligations.
Recipients should note that NEUs are not subrecipients under the SLFRF program. They are
SLFRF recipients that will report directly to Treasury.
Recipients should also note that subrecipients do not include individuals and organizations that
received SLFRF funds as end users. Such individuals and organizations are beneficiaries and not
subject to audit pursuant to the Single Audit Act and 2 C.F.R. Part 200, Subpart F.
Many recipients may choose to provide a subaward or contract to other entities to provide services
to other end users. For example, a recipient may provide a subaward to a nonprofit to provide
homeless services to individuals experiencing homelessness. In this case, the subaward to a
nonprofit is based on the services that the recipient intends to provide (assistance to households
experiencing homelessness), and the nonprofit is serving as the subrecipient, providing services
on behalf of the recipient. Subrecipients are subject to an audit pursuant to the Single Audit Act
and 2 CFR part 200, subpart F regarding audit requirements, w hereas contractors are not subject
to an audit pursuant to t he Single Audit Act and 2 CFR part 200, subpart F regarding audit
requirements.
12. Special Tests and Provisions. Treasury may issue subregulatory guidance as well as freq uently
asked questions.
Across each of the compliance requirements above, Treasury has described some best practices
for development of internal controls in Table 1 below, with an example of each best practice.
Table 1: Internal controls best practices
Best Practice Description Example
Written policies and
procedures
Formal documentation of
recipient policies and
procedures
Documented procedure for
determining worker eligibility
for premium pay
Written standards of
conduct
Formal statement of
mission, values, principles,
and professional standards
Documented code of
conduct / ethics for
subcontractors
Risk-based due diligence Pre-payment validations
conducted according to an
assessed level of risk
Enhanced eligibility review
of subrecipient with
imperfect performance
history
Risk-based compliance
monitoring
Ongoing validations
conducted according to an
assessed level of risk
Higher degree of monitoring
for projects that have a
higher risk of fraud, given
program characteristics
Record maintenance and
retention
Creation and storage of
financial and non-financial
records.
Storage of all subrecipient
payment information.
E. Award Terms and Conditions
The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the
compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance,
Treasury’s final rule, and applicable federal laws and regulations. Recipients should ensure they
remain in compliance with all Award Terms and Conditions. These obligations include the following
items in addition to those described above:
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1. SAM.gov Requirements. All eligible recipients are required to have an active registration with
the System for Award Management (“SAM”) (https://www.sam.gov ) pursuant to 2 CFR Part 25 .
To ensure timely receipt of funding , Treasury has stated that NEUs who have not previously
registered with SAM.gov may do so after receipt of the award, but before the submission of
mandatory reporting.4
2. Recordkeeping Requirements. Generally, your organization must maintain records and financial
documents for five years after all f unds have been expended or returned to Treasury, as outlined
in paragraph 4.c. of the Award Terms and Conditions. Treasury may request transfer of records
of long-term value at the end of such period. Wherever practicable, such records should be
collected, transmitted, and stored in open and machine-readable formats.
Your organization must agree to provide or make available such records to Treasury upon request,
and to the Government Accountability Office (“GAO”), Treasury’s Office of Inspector General
(“OIG”), and their authorized representative in order to conduct audits or other investigations.
3. Single Audit Requirements. Recipients and subrecipients that expend more than $750,000 in
Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and
its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements.5 Note that
the Compliance Supplement provides information on the existing, important compliance
requirements that the federal government expects to be considered as a part of such audit. The
Compliance Supplement is routinely updated, and is made available in the Federal Register and
on OMB’s website: https://www.whitehouse.gov/omb/office-federal-financial-management/
Recipients and subrecipients should consult the Federal Audit Clearinghouse to see examples of
Single Audit submissions.
4. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury are
required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of
Federal funds. Those requirements include ensuring that entities receiving Federal financial
assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the
basis of race, color, national origin (including limited English proficiency), disability, age, or sex
(including sexual orientation and gender identity), in accordance with the following authorities:
Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88 -352, 42 U.S.C. 2000d-1 et seq.,
and the Department's implementing regulations, 31 CFR part 22; Section 504 of t he Rehabilitation
Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794;
Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the
Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public
Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR
part 23.
In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury
will collect and review information from recipients to ascertain their compliance with the applicable
requirements before and after providing financial assistance. Treasury’s implementing
regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of
Non-discrimination in Federally Assisted Programs, 28 CFR part 42 , provide for the collection of
data and information from recipients (see 28 CFR 42.406). Treasury may request that non-tribal
recipients submit data for post-award compliance reviews, including information such as a
narrative describing their Title VI compliance status. As explained in Treasury FAQ 12.1, the
award terms and conditions for Treasury’s pandemic recovery programs, including the SLFRF
4 See flexibility provided in https://www.whitehouse.gov/wp -content/uploads/2021/03/M_21_20.pdf.
5 For-profit entities that receive SLFRF subawards are not subject to Single Audit requirements. However,
they are subject to other audits as deemed necessary by authorized governmental entities, including Treasury
and Treasury’s OIG.
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program, do not impose antidiscrimination requirements on Tribal governments beyond what
would otherwise apply under federal law.
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Part 2: Reporting Guidance
There are three types of reporting requirements for the SLFRF program. The report requirements are
approved and documented under OMB PRA number - OMB # 1505-0271.
• Interim Report: Provide initial overview of status and uses of funding. This is a one -time report.
See Section A, page 16.
• Project and Expenditure Report: Report on projects funded, expenditures, and contracts and
subawards equal to or greater than $50,000, and other information. See Section B, page 17.
• Recovery Plan Performance Report: The Recovery Plan Performance Report (the “Recovery
Plan”) will provide information on the projects that large recipients are undertaking with program
funding and how they plan to ensure program outcomes are achieved in an effective, efficient,
and equitable manner. It will include key performance indicators identified by the recipient and
some mandatory indicators identified by Treasury. The Recovery Plan will be posted on the
website of the recipient as well as provided to Treasury. See Section C, page 28.
The reporting threshold is based on the total award amount allocated by Treasury under the SLFRF
program, not the funds received by the recipient as of the time of reporting.
States and territories are also required to submit information on their distributions to NEUs. Please
refer to Section D for additional details.
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Table 2: Reporting requirements by recipient type
Tier Recipient Interim Report
Project and
Expenditure
Report
Recovery Plan
Performance
Report
1
States, U.S. territories,
metropolitan cities and
counties with a
population that exceeds
250,000 residents
By August 31,
2021 or 60
days after
receiving
funding if
funding was
received by
October 15,
with
expenditures by
category.
Note: NEUs
were not
required to
submit an
Interim Report
By January 31,
2022, and then the
last day of the
month after the end
of each quarter
thereafter
Note: NEUs were
not required to
submit a Project
and Expenditure
Report on January
31, 2022. The first
reporting date for
NEUs was April 30,
2022.
By August 31,
2021 or 60 days
after receiving
funding, and
annually
thereafter by
July 31
2
Metropolitan cities and
counties with a
population below
250,000 residents that
are allocated more than
$10 million in SLFRF
funding, and NEUs that
are allocated more than
$10 million in SLFRF
funding
3
Tribal Governments that
are allocated more than
$30 million in SLFRF
funding
4
Tribal Governments that
are allocated less than
$30 million in SLFRF
funding
By April 30, 2022,
and then annually
thereafter
5
Metropolitan cities and
counties with a
population below
250,000 residents that
are allocated less than
$10 million in SLFRF
funding, and NEUs that
are allocated less than
$10 million in SLFRF
funding
Note: Based on the period of performance, reports will be collected through April 30, 2027 . See the specific due
dates listed in Sections B and C.
As mentioned above, the total SLFRF allocations across all sources for a given jurisdiction will be
used to identify that jurisdiction’s Reporting Tier , beginning in April of 2022. Treasury may reach out
to jurisdictions to update Reporting Tiers.
The remainder of this document describes these reporting requirements. User guides describing how
and where to submit required reports are posted at www.treasury.gov/SLFRPReporting and updated
on a regular basis.
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A. Interim Report
Note: The Interim Reports were submitted under the interim final rule.
States, U.S. territories, metropolitan cities, counties, and Tribal governments were required to submit
a one-time interim report with expenditures 6 by Expenditure Category covering the period from March
3rd to July 31, 2021, by August 31, 2021 or sixty (60) days after first receiving funding if the recipient’s
date of award was between July 15, 2021 and October 15, 2021. The recipient was required to enter
obligations7 and expenditures and, for each, select the specific expenditure category from the
available options. See Appendix 3 for Expenditure Categories applicable for the Interim Report.
1. Required Programmatic Data
Recipients were also required to provide the following information if they ha d or planned to have
expenditures in the following Expenditure Categories.
a. Revenue replacement (EC 6.18): Key inputs into the revenue replacement formula in the Interim
Final Rule and estimated revenue loss due to the Covid-19 public health emergency calculated
using the formula in the Interim Final Rule as of December 31, 2020 .
• Base year general revenue (e.g., revenue in the last full fiscal year prior to the public health
emergency)
• Fiscal year end date
• Growth adjustment used (either 4.1 percent or average annual general revenue growth over
3 years prior to pandemic)
• Actual general revenue as of the twelve months ended December 31, 2020
6 For purposes of reporting in the SLFRF portal, an expenditure is the amount that has been incurred as a
liability of the entity (the service has been rendered or the good has been delivered to the entity).
7 For purposes of reporting in the SLFRF portal, an obligation is an order placed for property and services,
contracts and subawards made, and similar transactions that require payment.
8 See Appendix 3 for the full Expenditure Category (EC) list. Please note that Appendix 3 includes the
expenditure categories under the interim final rule, applicable to the Interim Report.
Comparison to reporting for the CRF
This guidance does not change the reporting or compliance requirements pertaining to
the CRF. Reporting and compliance requirements for the SLFRF are separate from
CRF reporting requirements. Differences between CRF and SLFRF include:
• Project, Expenditure, and Subaward Reporting : The SLFRF reporting
requirements leverage the existing reporting regime used for CRF to foster
continuity and provide many recipients with a familiar reporting mechani sm. The
data elements for the Project and Expenditure Report will largely mirror those used
for CRF, with some minor exceptions noted in this guidance. The users ’ guide will
describe how reporting for CRF funds will relate to reporting for the SLFRF.
• Timing of Reports: CRF reports were due within 10 days of each calendar quarter
end. For quarterly reporters, SLFRF reporting will be due the last day of the month
following the end of the period covered. For annual reporters, SLFRF reporting will
be due on an annual schedule (see table in Section B below).
• Program and Performance Reporting: The CRF reporting did not include any
program or performance reporting. To build public awareness and accountability
and allow Treasury to monitor compliance with eligib le uses, some program and
performance reporting is required for SLFRF.
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• Estimated revenue loss due to the Covid-19 public health emergency as of December 31,
2020
• An explanation of how revenue replacement funds were allocated to government services
(Note: additional instructions was provided in the user guide)
In calculating general revenue and the other items discussed above, recipients should have
used audited data if it was available. When audited data was not available, recipients were not
required to obtain audited data if substantially accura te figures could be produced on an
unaudited basis. Recipients should have used their own data sources to calculate general
revenue and did not need to rely on revenue data published by the Census Bureau. Treasury
acknowledges that due to differences in timing, data sources, and definitions, recipients’ self -
reported general revenue figures may differ from those published by the Census Bureau.
Recipients were permitted to provide data on a cash, accrual, or modified accrual basis,
provided that recipients are consistent in their choice of methodology throughout the covered
period and until reporting is no longer required. Recipients’ reporting should align with their own
financial reporting.
In calculating general revenue, recipients should have excluded all intergovernmental transfers
from the federal government. This includes, but is not limited to, federal transfers made via a
State to a locality pursuant to the CRF or SLFRF. To the extent federal funds are passed
through States or other entities or intermingled with other funds, recipients should have
attempted to identify and exclude the federal portion of those funds from the calculation of
general revenue on a best-efforts basis.
Consistent with the broad latitude provided to recipients to use fun ds for government services to
the extent of reduction in revenue, recipients were required to submit a description of services
provided. This description may be in narrative or in another form, and recipients were
encouraged to report based on their existing budget processes and to minimize administrative
burden. For example, a recipient with $100 in revenue replacement funds available could
indicate that $50 were used for law enforcement operating expenses and $50 were used for
pay-go building of sidewalk infrastructure. As discussed in the interim final rule, these services
can include a broad range of services but may not be used directly for pension deposits or debt
service.
Reporting requirements did not require tracking the indirect effects of Fi scal Recovery Funds,
apart from the restrictions on use of Fiscal Recovery Funds to offset a reduction in net tax
revenue. In addition, recipients were required to indicate that Fiscal Recovery Funds were not
used to make a deposit in a pension fund.
B. Project and Expenditure Report
All recipients are required to submit Project and Expenditure Reports.
Note on NEUs: To facilitate reporting, each NEU will need a n NEU Recipient Number. This is a unique
identification code for each NEU assigned by the State or territory to the NEU as part of its request
for funding.
1. Quarterly Reporting
The following recipients are required to submit quarterly Project and Expenditure Reports:
• States and U.S. territories
• Tribal governments that are allocated more than $30 million in SLFRF funding
• Metropolitan cities and counties with a population that exceeds 250,000 residents
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• Metropolitan cities and counties with a population below 250,000 residents that are allocated more
than $10 million in SLFRF funding and NEUs that are allocated more than $10 million in SLFRF
funding.
For these recipients, the initial quarterly Project and Expenditure Report cover s three calendar
quarters from March 3, 2021 to Decem ber 31, 2021 and was required to be submitted to Treasury by
January 31, 2022. The subsequent quarterly reports will cover one calendar quarter and must be
submitted to Treasury by the last day of the month following the end of the period covered . Quarterly
reports are not due concurrently with applicable annual reports. Table 3 summarizes the quarterly
report timelines:
Table 3: Quarterly Project and Expenditure Report Timeline
Report Year Quarter Period Covered Due Date
1 2021 2 – 4 March 3 – December 31 January 31, 2022
2 2022 1 January 1 – March 31 April 30, 2022
3 2022 2 April 1 – June 30 July 31, 2022
4 2022 3 July 1 – September 30 October 31, 2022
5 2022 4 October 1 – December 31 January 31, 2023
6 2023 1 January 1 – March 31 April 30, 2023
7 2023 2 April 1 – June 30 July 31, 2023
8 2023 3 July 1 – September 30 October 31, 2023
9 2023 4 October 1 – December 31 January 31, 2024
10 2024 1 January 1 – March 31 April 30, 2024
11 2024 2 April 1 – June 30 July 31, 2024
12 2024 3 July 1 – September 30 October 31, 2024
13 2024 4 October 1 – December 31 January 31, 2025
14 2025 1 January 1 – March 31 April 30, 2025
15 2025 2 April 1 – June 30 July 31, 2025
16 2025 3 July 1 – September 30 October 31, 2025
17 2025 4 October 1 – December 31 January 31, 2026
18 2026 1 January 1 – March 31 April 30, 2026
19 2026 2 April 1 – June 30 July 31, 2026
20 2026 3 July 1 – September 30 October 31, 2026
21 2026 4 October 1 – December 31 April 30, 2027
2. Annual Reporting
The following recipients are required to submit annual Project and Expenditure Reports:
• Tribal governments that are allocated less than $30 million in SLFRF funding
• Metropolitan cities and counties with a population below 250,000 residents that are alloca ted less
than $10 million in SLFRF funding and NEUs that are allocated less than $10 million in SLFRF
funding.
For these recipients, the initial Project and Expenditure Report cover ed from March 3, 2021 to March
31, 2022 and was required to be submitted t o Treasury by April 30, 2022. The subsequent annual
reports will cover one calendar year and must be submitted to Treasury by April 30. Table 4
summarizes the annual report timelines:
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Table 4: Annual Project and Expenditure Report timeline
Report Period Covered Due Date
1 March 3, 2021 – March 31, 2022 April 30, 2022
2 April 1, 2022 – March 31, 2023 April 30, 2023
3 April 1, 2023 – March 31, 2024 April 30, 2024
4 April 1, 2024 – March 31, 2025 April 30, 2025
5 April 1, 2025 – March 31, 2026 April 30, 2026
6 April 1, 2026 – December 31, 2026 April 30, 2027
3. Required Information
The following information is required in Project and Expenditure Reports for both quarterly and annual
reporting:
a. Projects: Provide information on all SLFRF funded projects. Projects are defined as a grouping of
closely related activities that together are intended to achieve a specific goal or are directed toward
a common purpose. These activities can include new or existing eligible government services or
investments funded in whole or in part by SLFRF funding. For each project, the recipient is required
to enter the project name, identification number (created by the recipient), project expenditure
category (see Appendix 1), descrip tion, and status of completion. Project descriptions must
describe the project in sufficient detail to provide an understanding of the major activities that will
occur, and must be between 50 and 250 words. Projects should be defined to include only close ly
related activities directed toward a common purpose. Recipients should review the Required
Programmatic Data described in 3.g. below and define their projects at a sufficient level of
granularity.
Note: For each project, the recipient is asked to select the appropriate Expenditure Category based
on the scope of the project (see Appendix 1). Projects should be scoped to align to a single
Expenditure Category. For select Expenditure Categories, the recipient also is asked to provide
additional programmatic data (described further below).
b. Obligations and Expenditures: Once a project is entered the recipient will be able to report on the
project’s obligations and expenditures. Recipients will be asked to report:
• Current period obligation
• Cum ulative obligation
• Current period expenditure
• Cumulative expenditure
c. Project Status: Once a project is entered the recipient will be asked to report on project status each
reporting period, in four categories:
• Not Started
• Completed less than 50 percent
• Completed 50 percent or more
• Completed
d. Program Income: Recipients should report the program income earned and expen ded to cover
eligible project costs, if applicable.
e. Adopted Budget (States, U.S. territories, metropolitan cities and counties with a popula tion that
exceeds 250,000 residents only): Each state, territory and metropolitan city and county with a
population that exceeds 250,000 residents will provide the budget adopted for each project by its
jurisdiction associated with SLFRF funds. Treasury will use this information to better understand
the intended impact, identify opportunities for outreach, and understand the recipient’s progress in
program implementation. Treasury is not approving or pre -approving projects or budgets.
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• Recipients will enter the Adopted Budget based on information that exists currently in the
recipient’s financial systems and the recipient’s established budget process. Treasury
understands that recipients may use different budget processes. For example, a recipient
may consider a project budgeted once a legislature has appropriated funds; whereas another
recipient may consider a project budgeted at the moment when the funds have been
obligated.
• Additional information is provided on the differences between Adopted Budget, Obligations,
and Expenditures as part of the user guide posted at www.treasury.gov/SLFRPReporting .
f. Project Demographic Distribution (applicable to Public Health and Negative Economic Impact ECs:
EC 1.1-2.37)– Collection began April 2022
Recognizing the disproportionate public health and negative economic impacts of the pandemic
on many households, communities, and other entities , recipients must report whether certain types
of projects are targeted to impacted and disproportionately impacted communities. Recipients will
be asked to respond to the following:
a. What Impacted and/or Disproportionally Impacted population does this pr oject primarily
serve? Please select the population primarily served.
b. If this project primarily serves more than one Impacted and/or Disproportionately Impacted
population, please select up to two additional populations served.
Recipients will select from the following options:
Impacted Disproportionately Impacted
Public Health • General Public
Assistance to
Households
• Low- or-moderate income
households or populations 9
• Households that experienced
unemployment
• Households that experienced
increased food or housing insecurity
• Households that qualify for certain
federal programs10
• For services to address lost
instructional time in K-12 schools:
any students that lost access to in-
• Low -income households and
populations11
• Households and populations
residing in Qualified Census Tracts
• Households that qualify for certain
federal programs12
• Households receiving services
provided by Tribal governments
• Households residing in the U.S.
territories or receiving services from
these governments
9 Low or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal
Poverty Guidelines for the size of the household based on the most recently published poverty guidelines by the
Department of Health and Human Services (HHS) or (ii) income at or below 65 percent of the Area Median Income for the
county and size of household based on the most recently published data by the Department of Housing and Urban
Development (HUD).
10 For Impacted households, these programs are Children’s Health Insurance Program (“CHIP”); Childcare Subsidies
through the Child Care and Development Fund (“CCDF”) Program; Medicaid; National Housing Trust Fund (“HTF”), for
affordable housing programs only; Home Investment Partnerships Program (“HOME”), for affordable housing programs
only.
11 Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty
Guidelines for the size of the household based on the most recently published poverty guidelines by HHS or (ii) income at
or below 40 percent of Area Median Income for its county and size of household based on the most recently published
data by HUD.
12 For Disproportionately Impacted households, these programs are Temporary Assistance for Needy Families (“TANF”),
Supplemental Nutrition Assistance Program (“SNAP”), Free- and Reduced-Price Lunch (“NSLP”) and/or School Breakfast
(“SBP”) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (“SSI”), Head Start, Special
Supplemental Nutrition Program for Women, Infants, and Children (“WIC”), Section 8 Vouchers, Low-Income Home
Energy Assistance Program (“LIHEAP”), and Pell Grants.
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Impacted Disproportionately Impacted
person instruction for a significant
period of time
• Other households or populations
that experienced a negative
economic impact of the pandemic
other than those listed above
(please specify)
• For services to address educational
disparities, Title I eligible schools13
• Other households or populations
that experienced a disproportionate
negative economic impact of the
pandemic other than those listed
above (please specify)
Assistance to
Small
Businesses
• Small businesses that experienced a
negative economic impact of the
pandem ic
• Classes of small businesses
designated as negatively
economically impacted by the
pandemic (please specify)
• Small businesses operating in
Qualified Census Tracts
• Small businesses operated by Tribal
governments or on Tribal lands
• Small businesses operating in the
U.S. territories
• Other small businesses
disproportionately impacted by the
pandemic (please specify)
Assistance to
Non-Profits
• Non-profits that experienced a
negative economic impact of the
pandemic (please specify)
• Classes of non-profits designated as
negatively economically impacted by
the pandemic (please specify)
• Non-profits operating in Qualified
Census Tracts
• Non-profits operated by Tribal
governments or on Tribal lands
• Non-profits operating in the U.S.
territories
• Other non-profits disproportionately
impacted by the pandemic (please
specify)
Aid to Impacted
Industries
• Travel, tourism, or hospitality sectors
(including Tribal development
districts)
• Industry outside the travel, tourism,
or hospitality sectors that
experienced a negative economic
impact of the pandemic (please
specify)
N/A
g. Subawards, Contracts, Grants, Loans, Transfers, and Direct Payments : Each recipient shall also
provide detailed obligation and expenditure information for any contracts and grants awarded,
loans issued, transfers made to other government entities, and direct payments made by the
recipient that are equal to or greater than $50,000.
Recipients do not need to submit separate monthly subaward reports to FSRS.gov as required
pursuant to the 2 CFR Part 170, Appendix A award term regarding reporting subaward and
executive compensation, which is included in the SLFRF Award Terms and Conditions. Treasury
will submit this reporting on behalf of recipients using the $50,000 reporting threshold, timing, and
data elements discussed in this guidance. If recipients choose to continue reporting to FSRS.gov
in addition to reporting directly to Treasury on these funds, they may do so and will be asked to
notify Treasury as part of their quarterly submission.
13 For educational services and other efforts to address educational disparities, Treasury will recognize Title I eligible
schools as disproportionately impacted and responsive services that support the school generally or support the whole
school service as eligible. “Title I eligible schools” means schools eligible to receive services under section 1113 of Title I,
Part A of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6313), including schools served
under section 1113(b)(1)(C) of that Act.
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In general, recipients will be asked to provide the following information for each Contract, Grant,
Loan, Transfer, or Direct Paym ent equal to or greater than $50,000:
• Subrecipient identifying and demographic information (e.g., UEI/TIN number and location)
• Award number (e.g., Award number, Contract number, Loan number)
• Award date, type, amount, and description
• Award payment method (reimbursable or lump sum payment(s))
• For loans, expiration date (date when loan expected to be paid in full)
• Primary place of performance
• Related project name(s)
• Related project identification number(s) (created by the recipient)
• Period of performance start date
• Period of performance end date
• Quarterly obligation amount
• Quarterly expenditure amount
• Project(s)
• Additional programmatic performance indicators for select Expenditure Categories (see below)
Aggregate reporting is required for contracts, grants, transfers made to other government entities,
loans, and direct payments that are below $50,000. This information will be accounted for by
Expenditure Category at the project level. Note that all obligations and expenditures made directly
to individuals, regardless of dollar amount, should be included in aggregate reporting.
As required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward and
executive compensation, recipients must also report the names and total compensation of their
five most highly compensated executives and their subrecipients’ executives for the preceding
completed fiscal year if (1) the recipient received 80 percent or more of its annual gross revenues
from Federal procurement contracts (and subcontracts) and Federal financial assistance subject
to the Transparency Act, as provided by 2 CFR 170.320 (and subawards), and received
$25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards),
and (2) if the information is not otherwise public. In general, most SLFRF recipients are
governmental entities with executive salaries that are already disclosed, so no additional
information would be required to be reported for them. The recipient is responsible for the
subrecipients’ compliance with registering and maintaining an updated profile on SAM.gov.
h. Civil Rights Compliance: Treasury will request information on recipients’ compliance with Title VI
of the Civil Rights Act of 1964, as applicable, on an annual basis. This information may include a
narrative describing the r ecipient’s compliance with Title VI, along with other questions and
assurances. This collection does not apply to Tribal governments14
i. Ineligible Activities: Tax Offset Provision (States and territories only): Section 602(c)(2)(A) of the
Social Security Act prohibits a State or territory from using SLFRF funds to directly or indirectly
offset a reduction in the net tax revenue of the State or territory resulting from a change in law,
regulation, or administrative interpretation during the covered period (the “Tax Offset Provision”).
The Final Rule implements the Tax Offset Provision at 31 CFR § 35.8. Violations of the Tax
Offset Provision may be subject to recoupment. The following information is required for Treasury
to ensure SLFRF funding is not used for ineligible activities related to the Tax Offset Provision.
14 Please note, as explained in Treasury FAQ 12.1, that the award terms and conditions for Treasury’s
pandemic recovery programs, including the SLFRF, do not impose antidiscrimination requirements on Tribal
governments beyond what would otherwise apply under federal law.
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For each reporting year, in the quarterly reporting cycle occurring 90 days after the end of the
recipient’s fiscal year, States and territories will report certain items related to the Tax Off set
Provision, as detailed below. For example, if a recipient’s fiscal year ends June 30, 2022,
reporting on the Tax Offset Provision for fiscal year 2022 will be due in October 2022. All States
and territories will report on the Tax Offset Provision for f iscal year 2021 in July 2022.
As indicated in the final rule, Treasury is implementing a tiered approach to reporting on the Tax
Offset Provision, which is described below. Although Treasury is implementing a tiered approach
to reporting, recipients should maintain records to support their compliance with the Tax Offset
Provision.
The terms “reporting year,” “baseline,” “covered change,” “covered period,” “net reduction in total
spending,” and “tax revenue” are defined in the Final Rule, 31 CFR § 35.3. For purposes of
calculating a net reduction in total spending, total spending for the fiscal year ending 2019 should
be reported on an inflation-adjusted basis, consistent with the Final Rule. Similarly, for purposes
of calculating baseline tax revenue, tax revenue for the fiscal year 2019 should be reported on an
inflation-adjusted basis, consistent with the Final Rule.
For purposes of reporting actual tax revenue for the requested fiscal year and baseline tax
revenue for the fiscal year ending 2019,15 (a) if available, recipients should report information
using audited financials and (b) recipients may provide data on a cash, accrual, or modified
accrual basis, but must be consistent in their approach across all reporting periods. Similarly, for
purposes of calculating a net reduction in total spending, recipients should report data using
audited financials where available.
Recipients will first answer a series of summary questions to determine the tiering of their tax
offset reporting:
Summary Questions
• Do you have revenue-reducing covered change(s) to report for the requested fiscal year and
for future fiscal years? Yes/No
o If no, recipients have no further reporting requirements in the tax offset section.
(Remaining summary questions w ill be greyed out).
o If yes, recipients will complete part 1 and additional fields.
• Is the aggregate value of your revenue-reducing covered change(s) for the requested fiscal
year less than the de minimis? Yes/No.
o If yes, recipients will complete parts 1 a nd 2, and no further reporting is required in
the tax offset section. (Remaining summary questions will be greyed out).
o If no, recipients will complete parts 1, 2 and additional fields.
• Do you have a reduction in net tax revenue for the requested fiscal year, meaning that actual
tax revenue for the requested fiscal year is less than baseline tax revenue? Yes/No.
o If yes, recipients will complete parts 1, 2, and 3 and additional fields.
o If no, recipients will complete parts 1, 2, and 3, and no further repor ting is required in
the tax offset section. (Remaining summary questions will be greyed out).
• Do you have revenue-increasing covered change(s) and/or covered spending cuts to report
for the requested fiscal year? Yes/No
o If yes, recipients will complete parts 1, 2, 3, and 4.
o If no, recipients will complete the revenue reduction cap.
Reporting Part 1: Revenue-reducing Covered Changes
• Do you have revenue-reducing covered change(s) to report for the requested fiscal year and
for future fiscal years? Yes/No
15 Tax revenue for fiscal year ending 2019 is relevant for calculating the recipient’s baseline.
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o If yes, complete grid or upload spreadsheet with the name of each revenue -reducing
covered change and the value of the revenue-reducing covered change for the
requested fiscal year and for future fiscal years .
o If no, a recipient has no revenue-reducing covered changes to report, no additional
reporting is required.
• Enter in the aggregate value of all revenue-reducing covered change(s) for the requested
fiscal year.16
Revenue-reducing Covered Changes: Guidance
For each reporting year, a recipient must report the value of covered changes that the recipient
predicts will have the effect of reducing tax revenue in a given reporting year (revenue -reducing
covered changes), similar to the way it would in the ordinary course of its budgeting process.
The value of these revenue-reducing covered changes may be reported based on estimated
values produced by a budget model, incorporating reasonable assumptions, that aligns with the
recipient government’s existing approach for measuring the effects of fiscal policies, and that
measures relative to a current law baseline. The revenue-reducing covered changes may also
be reported based on actual values using a statistical methodology to isolate the change in year -
over-year revenue attributable to the covered change(s), relative to the current law baseline
prior to the change(s). Estimation approaches should not use dynamic methodologies that
incorporate the projected effects of the policies on macroeconomic growth. In general a nd where
possible, reported values should be produced by the agency of the recipient government
responsible for estimating the costs and effects of fiscal policy changes. Recipients must
maintain records regarding the identification and predicted effects o f revenue-reducing covered
changes.
Reporting Part 2: Baseline Revenue and De Minimis Threshold
• Enter Baseline Revenue:
• Enter in the aggregate value of the revenue-reducing covered change(s) for the requested
fiscal year as a percentage of baseline revenue:
• Is the aggregate value of the revenue-reducing covered change(s) for the requested fiscal
year less than one percent of baseline revenue? Y/N
o If yes, a recipient’s aggregate value of the revenue-reducing covered changes in the
reporting year is less than the de minimis threshold, and no additional reporting is
required.
Baseline Revenue: Guidance
Baseline has the meaning defined in the Final Rule, 31 CFR 35.3.
Recipients must determine whether the aggregate value of the revenue -reducing covered
changes in the reporting year is less than one percent of baseline revenue (the de minimis
threshold).
Reporting Part 3: Actual Tax Revenue and Reduction in Net Tax Revenue
• Enter Actual Tax Revenue for the requested fiscal year:
• Enter Reduction in Net Tax Revenue: baseline revenue minus actual tax revenue
o If the value of the reduction in net tax revenue is zero or negative (meaning that
actual tax revenue is equal to or greater than baseline revenue), no additional
reporting is required.
16 The final rule defines covered change. “Covered change means a change in law, regulation, or
administrative interpretation that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction,
a credit, or otherwise) or delays the imposition of any tax or tax increase. A change in law includes any final
legislative or regulatory action, a new or changed administrative interpretation, and the phase -in or taking
effect of any statute or rule if the phase-in or taking effect was not prescribed prior to the start of the covered
period.”
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Actual Tax Revenue: Guidance
Actual tax revenue means the tax revenue received by the recipient government in the reporting
year. Tax revenue has the meaning defined in the Final Rule, 31 CFR 35.3.
Reduction in Net Tax Revenue: Guidance
The reduction in net tax revenue is equal to baseline revenue minus actual tax revenue in each
reporting year. If this value is zero or negative, there is no reduction in net tax revenue.
Reporting Part 4: Revenue-increasing Covered Changes and Covered Spending Cuts
• Do you have revenue-increasing covered change(s) and/or covered spending c uts to report
for the requested fiscal year? Yes/No.
• If yes, complete grid or upload spreadsheet with the name of each revenue -increasing
covered change and the value.
• Enter in the aggregate value of revenue-increasing covered change(s):
• Enter net reduction in total spending for the requested fiscal year:
• Complete grid or upload spreadsheet of specific spending cuts and the corresponding
“reporting unit”, including the name of the reporting unit, description of the spending cut, the
amount of the reduction in spending in the reporting unit for the reporting year relative to its
inflation-adjusted FY 2019 level, the amount of any Fiscal Recovery Funds spent in the
reporting unit in the reporting year, and the amount by which the reduction in spending in t he
reporting unit in the reporting year exceeds the Fiscal Recovery Funds spent in the reporting
unit in the reporting year, if at all.
• Enter the aggregate value of covered spending cuts.
• Enter the aggregate value of revenue-increasing covered changes + the aggregate value of
covered spending cuts.
• Enter the total value of revenue-reducing covered changes minus the total of (aggregate
value of revenue-increasing covered changes + aggregate value of covered spending cuts).
• Is the aggregate value of revenue-reducing covered changes minus the total of (aggregate
value of revenue-increasing changes + aggregate value of covered spending cuts) negative
or equal to zero? (Yes/No)
o If yes, recipients have no further reporting requirements related to the Tax Offset
Provision.
o If no, recipients must move on to the calculation of the revenue reduction cap.
Revenue-increasing covered changes: Guidance
If a recipient has revenue-reducing covered changes, the aggregate value of which exceed the
de minimis threshold, and its actual tax revenue does not exceed baseline tax revenue, a
recipient must report the value of covered changes that have had or that the recipient predicts
will have the effect of increasing tax revenue in a given reporting year (revenue-increasing
covered changes), similar to the way it would in the ordinary course of its budgeting process.
The value of these revenue-increasing covered changes may be reported based on estimated
values produced by a budget model, incorporating reasonable assumptions, that aligns with the
recipient’s existing approach for measuring the effects of fiscal policies, and that measures
relative to a current law baseline. The revenue-increasing covered changes may also be
reported based on actual values using a statistical methodology to isolate the change in year -
over-year revenue attributable to the revenue-increasing covered change(s), relative to the
current law baseline prior to the change(s). Estimation approaches should not use dynamic
methodologies that incorporate the projected effects of the policies on macroeconomic growth.
In general and where possible, reporting should be produced by the agency of the recipient
responsible for estimating the costs and effects of fiscal p olicy changes. Recipients should
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maintain records regarding revenue-increasing covered changes and estimates of such
changes.
Net reduction in total spending, and tables of specific spending cuts: Guidance
Recipients may cut spending in certain areas to p ay for revenue-reducing covered changes, up
to the amount of the recipient’s net reduction in total spending. To calculate the amount of
spending cuts that are available to offset a reduction in tax revenue, the recipient must first
consider whether there has been a reduction in total net spending, excluding Fiscal Recovery
Funds (net reduction in total spending). As defined in the Final Rule, 35 CFR 35.3, net reduction
in total spending is measured as the recipient government’s total spending for a given r eporting
year excluding Fiscal Recovery Funds, subtracted from its total spending for its fiscal year
ending in 2019, adjusted for inflation using the Bureau of Economic Analysis’s Implicit Price
Deflator for the gross domestic product of the United States for that reporting year. If that
calculation yields a positive value, there has been a net reduction in total spending; if it yields
zero or a negative value, there has not been a net reduction in total spending. If there has been
no net reduction in total spending, a recipient will have no spending cuts to offset a reduction in
net tax revenue.
Next, a recipient must determine and aggregate the value of spending cuts in each “reporting
unit.” “Reporting units” are departments, agencies, or authorities of the recipient’s government.
For each reporting unit, the recipient must report (1) the amount of the reduction in spending in
the reporting unit for the reporting year relative to its inflation -adjusted FY 2019 level, (2) the
amount of any Fiscal Recovery Funds spent in the reporting unit in the reporting year, and (3)
the amount by which the reduction in spending in the reporting year exceeds the Fiscal
Recovery funds spent in the reporting unit in the reporting year. If a recipient has not spent
amounts received from the Fiscal Recovery Funds in a reporting unit, the full amount of the
reduction in spending counts as a covered spending cut and may be included in the aggregate
value of spending cuts. If the recipient has spent amounts received from the Fiscal Recovery
Funds, such amounts generally would be deemed to have replaced the amount of spending cut,
and only reductions in spending above the amount of Fiscal Recovery Funds spent on the
reporting unit would be eligible to offset a reduction in net tax revenue. Only such amounts
above the amount of Fiscal Recovery Funds spent on the reporting unit should be included in
the aggregate value of spending cuts.
To align with existing reporting an d accounting, the Final Rule considers the department,
agency, or authority from which spending has been cut and whether the recipient government
has spent amounts received from the Fiscal Recovery Funds on that same department, agency,
or authority. Some commenters on the interim final rule argued that the methodology for
identifying offsetting spending cuts at the department, agency, or authority level was too
restrictive, but as discussed in the final rule, Treasury maintained the approach of requiring t his
reporting at the department, agency, or authority level. Recipients are encouraged to define
reporting units in a manner consistent with their existing budget process and should, to the
extent possible, report using the same reporting unit in each repo rting year. Spending cuts must
be reported relative to FY 2019 spending levels, adjusted for inflation, and excluding Fiscal
Recovery Funds from reporting year spending levels.
Recipients should maintain records regarding spending cuts.
Reporting Part 5: Revenue Reduction Cap
The “revenue reduction cap,” together with Part 3, ensures that recipient governments can use
organic revenue growth to offset the cost of revenue -reducing covered changes. If, based on the
calculations completed so far, a recipient has not yet demonstrated how its revenue-reducing
covered changes were offset by non-SLFRF sources, the reporting portal will auto-calculate the
revenue reduction cap, which will be the lesser of the following two amounts:
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• Reduction in Net Tax Revenue (baseline tax revenue minus actual tax revenue) [pre-
populated from Part 3] and
• Aggregate Value of revenue-reducing covered changes minus (total of (aggregate value of
revenue-increasing changes + aggregate value of covered spending cuts) [pre-populated
from Part 4].
j. Required Programmatic Data (other than infrastructure projects): For all projects listed under the
following Expenditure Categories (see Appendix 1), the information listed must be provided in
each report.
1. Public Health and Negative Economic Im pact (EC 1.1-3.5) - Collection began in April 2022
• Brief description of structure and objectives of assistance program(s), including public
health or negative economic impact experienced
• Brief description of how a recipient’s response is related and reasonably proportional to a
public health or negative economic impact of C OVID-19.17
Note: The final rule presumes that all enumerated eligible uses for programs and services,
including COVID-19 mitigation and prevention programs and services, are reaso nably
proportional responses to the harm identified unless a response is grossly disproportionate
to the type or extent of harm experienced. Many of the Eligibility Categories encompass
multiple specific enumerated eligible uses and may be provided to a variety of populations.
For example, EC 2.13 Healthy Childhood Environments: Services to Foster Youth or
Families Involved in Child Welfare System includes a wide array of financial, educational,
child development, or health supports, or other supports nece ssary, including supports for
kinship care, and may be provided to foster youth and/or families involved in the child
welfare system. Between these two fields above, recipients should provide enough
information to identify the type of enumerated eligible use being provided within the EC
(e.g., kinship care support services), the public health or economic impact experienced,
who the program and/or service is being provided to, and what services are being provided
(e.g., respite resources). For enumerated eligible uses, recipients are not required to
provide substantive documentation that the response is related and reasonably
proportional in the Project and Expenditure Report.
2. Capital Expenditures (EC 1.1-3.5) - Collection began in January 2022, with additional fields
required starting in July 2022
• Does this project include a capital expenditure? (Collection began in January 2022)
• Total expected capital expenditure, including pre-development costs, if applicable
(Collection began in January 2022)
• Type of capital expenditure , based on the following enumerated uses (This field is required
beginning July 2022):
▪ COVID-19 testing sites and laboratories, and acquisition of related equipment
▪ COVID-19 vaccination sites
▪ Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g.,
emergency rooms, intensive care units, telemedicine capabilities for COVID -19
related treatment)
▪ Temporary medical facilities and other measures to increase COVID -19 treatment
capacity, including related construction costs
▪ Acquisition of equipment for COVID-19 prevention and treatment, including
ventilators, ambulances, and other medical or emergency services equipment
▪ Emergency operations centers and acquisition of emergency response equipment
(e.g., emergency response radio systems)
17 Please note that capital expenditures are not considered “programs and services” and are not presumed to
be reasonably proportional responses to an identified harm except as provi ded in the final rule.
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▪ Installation and improvement of ventilation systems in congregate settings, health
facilities, or other public facilities
▪ Public health data systems, including technology infrastructure
▪ Adaptations to congregate living facilities, including skilled nursing facilities, other
long-term care facilities, incarceration settings, homeless shelters, residential foster
care facilities, residential behavioral health treatment, and other group living
facilities, as well as public facilities and schools (excluding construction of new
facilities for the purpose of mitigating spread of COVID -19 in the facility)
▪ Mitigation measures in small businesses, nonprofits, and impacted industries (e.g.,
developing outdoor spaces)
▪ Behavioral health facilities and equipment (e.g., inpatient or outpatient mental health
or substance use treatment facilities, crisis centers, diversion centers)
▪ Technology and equipment to allow law enforcement to efficiently and effectively
respond to the rise in gun violence resulting from the pandemic
▪ Affordable housing, supportive housing, or recovery housing development
▪ Food banks and other facilities primarily dedicated to addressing food insecurity
▪ Transitional shelters (e.g., temporary residences for people experiencing
homelessness)
▪ Devices and equipment that assist households in accessing the internet (e.g.,
tablets, computers, or routers)
▪ Childcare, daycare, and early learning facilities
▪ Job and workforce training centers
▪ Improvements to existing facilities to remediate lead contaminants (e.g., removal of
lead paint)
▪ Medical equipment and facilities designed to address disparities in public health
outcomes (includes primary care clinics, hospitals, or integrations of health services
into other settings)
▪ Parks, green spaces, recreational facilities, sidewalks, pedestrian safety features
like crosswalks, streetlights, neighborhood cleanup, and other projects to revitalize
public spaces
▪ Rehabilitations, renovation, remediation, cleanup , or conversions of vacant or
abandoned properties
▪ Schools and other educational facilities or equipment to address educational
disparities
▪ Technology and tools to effectively develop, execute, and evaluate government
programs
▪ Technology infrastructure to adapt government operations to the pandemic (e.g.,
video-conferencing software, improvements to case management systems or data
sharing resources), reduce government backlogs, or meet increased maintenance
needs
▪ Other (please specify)
• For recipients (other than Tribal governments) investing in projects with total expected
capital expenditures for an enumerated eligible use of $10 million or more, as well as
projects with total expected capital expenditures for an “other” use of $1 million or more,
provide a written jus tification (This field is required beginning July 2022)
• For projects with total expected capital expenditures of over $10 million, provide labor
reporting as outlined for infrastructure projects on pages 26 and 27 (This field is required
beginning July 2022)
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3. Household Assistance (EC 2.1-2.8) – Collection began January 2022:
• Number of households served (by program if recipient establishes multiple separate
household assistance programs)
4. Small Business Economic Assistance (EC 1.8, 2.29-2.33) – Collection began April 2022
• Number of small businesses served (by program if recipient establishes multiple separate
small business assistance programs)
5. Assistance to Non-Profits (EC 1.9, 2.34)- Collection began April 2022
• Number of Non-Profits served (by program if recipient establishes multiple separate non-
profit assistance programs)
6. Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (EC 1.10, 2.35-2.36) –
Collection began April 2022:
• If aid is provided to industries other than travel, tourism, and hospitality (EC 2.36),
describe if the industry experienced at least 8 percent employment loss from pre-
pandemic levels, or the industry is experiencing comparable or worse economic impacts
as the national tourism, travel, and hospitality industries as of the date of the final rule,
and rationale for providing aid to the industry
• For each subaward:
o Sector of employer (Note: additional detail, including list of sectors , to be provided in
the user guide posted to www.treasury.gov/SLFRP)
o Purpose of funds (e.g., payroll support, safety measure implementation)
7. Education Assistance (EC 2.14, 2.24-.2.27) – Collection began in January 2022:
• The National Center for Education Statistics (“NCES”) School ID or NCES District ID. List
the School District if all schools within the school district received some funds. If not all
schools within the school district received funds, list the School ID of the schools that
receiv ed funds. These can allow evaluators to link data from the NCES to look at school -
level demographics and, eventually, student performance.18
8. Payroll for Public Health and Safety Employees (EC 3.1) – Collection began in January 2022:
• Number of government FTEs responding to COVID-19 supported under this authority
9. Rehiring Public Sector Staff (EC 3.2) – Collection began in January 2022:
• Number of FTEs rehired by governments under this authority
10. Premium Pay (both Public Sector EC 4.1 and Private Sector EC 4.2) – Collection began in
January 2022; additional field began in April 2022
• List of sectors designated as critical to protecting the health and well-being of residents by
the chief executive of the jurisdiction, if beyond those included in the final rule (Collection
began January 2022)
• Number of workers to be served (Collection began January 2022)
• Employer sector for all subawards to third-party employers (i.e., employers other than the
State, local, or Tribal government) (Collection began January 2022)
• For groups of workers (e.g., an operating unit, a classification of worker, etc.) or, to the
extent applicable, individual workers, other than those where the eligible worker receiving
premium pay is earning (with the premium pay included) below 150 percent of their
residing state or county’s average annual wage for all occupations, as defined by the
Bureau of Labor Statistics Occupational Employment and Wage Statistics , whichever is
18 For more information on NCES identification numbers see https://nces.ed.gov/ccd/districtsearch/ (districts)
and https://nces.ed.gov/ccd/schoolsearch/ (schools).
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higher, on an annual basis; OR the eligible worker receiving pr emium pay is not exempt
from the Fair Labor Standards Act overtime provisions:
▪ A brief written narrative justification of how the premium pay or grant is responsive
to workers performing essential work during the public health emergency. This
could include a description of the essential workers’ duties, health or financial risks
faced due to COVID-19, and why the recipient government determined that the
premium pay was responsive to workers performing essential work during the
pandemic. This description should not include personally identifiable information;
when addressing individual workers, recipients should be careful not to include
this information. Recipients may consider describing the workers’ occupations and
duties in a general manner as necessary to protect privacy (Collection began
January 2022)
• Number of workers to be served with premium pay in K-12 schools (Collection began April
2022)
11. Revenue replacement (EC 6.1) – Collection began in August 2021:
As outlined in the final rule, recipients have the option to make a one-time decision to
calculate revenue loss according to the formula outlined in the final rule or elect a “Standard
Allowance” of up to $10 million, not to exceed the award allocation, to spend on government
services throughout the period of performance. The option to make this one-time decision
was provided during the April 30, 202 2 reporting deadline.
For recipients electing the “Standard Allowance,” Treasury will presume that up to $10
million, not to exceed the award allocation, in revenue has been lost due to the public health
emergency. Recipients are permitted to use that amount to fund “government services.”
Please note that electing the standard allowance does not change a recipient’s total
allocation. Recipients that elect to use this standard allowance will make this election instead
of calculating lost revenue using the formula.
For recipients calculating revenue loss according to the formula, the final rule permits
recipients to choose whether to use calendar or fiscal year calculation dates. Recipients
must use the same calculation time frame (calendar or fiscal year) throughout the award
period.
Recipients calculating lost revenue using the formula should report the following:
• Choice of fiscal or calendar year revenue loss (choice must remain consistent throughout
award period)
• General revenue collected over the past 12 months as of the most recent calculation
date, as outlined in the final rule.
• Calculated revenue loss due to the Covid-19 public health emergency; and
• An explanation of how the revenue replacement funds were allocated to government
services (note: additional instructions and/or template provided in the user guide posted
at www.treasury.gov/SLFRPReporting).
For information on treatment of future tax changes, please see the Statement Regarding
Compliance with the Coronavirus State and Local Fiscal R ecovery Funds Interim Final
Rule and Final Rule.
k. Required Programmatic Data for Infrastructure Projects (EC 5): For all projects listed under the
Water, Sewer, and Broadband Expenditure Categories (see Appendix 1), more detailed project -
level information is required. Each project will be required to report expenditure data as described
above, but will also report the following information:
1. All infrastructure projects (EC 5) – Collection began in January 2022:
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• Projected/actual construction start date (month/year)
• Projected/actual initiation of operations date (month/year)
• Location
• For projects over $10 million (based on expected total cost):
a. A recipient may provide a certification that, for the relevant project, all laborers and
mechanics employed by contractors and subcontractors in the performance of such
project are paid wages at rates not less than those prevailing, as determined by the
U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code (commonly known as the “Davis -Bacon Act”), for the
corresponding classes of laborers and mechanics employed on projects of a character
similar to the contract work in the civil subdivision of the State (or the District of
Columbia) in which the work is to be performed, or by the appropriate State entity
pursuant to a corollary State prevailing -wage-in-construction law (commonly known as
“baby Davis-Bacon Acts”). If such certification is not provided, a recipient must provide
a project employment and local impact report detailing:
▪ The number of employees of contractors and sub -contractors working on the
project;
▪ The number of employees on the project hired directly and hired through a third
party;
▪ The wages and benefits of workers on the project by classification; and
▪ Whether those wages are at rates less than those prevailing .19
Recipients must maintain sufficient records to substantiate this information upon
request.
b. A recipient may provide a certification that a project includes a project labor agreement,
meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the
National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such
certification, the recipient must provide a project workforce continuity plan, detailing:
▪ How the recipient will ensure the project has ready access to a sufficient supply of
appropriately skilled and unskilled labor to ensure high-quality construction
throughout the life of the project , including a description of any required
professional certifications and/or in-house training;
▪ How the recipient will minimize risks of labor disputes and disruptions that would
jeopardize timeliness and cost-effectiveness of the project;
▪ How the recipient will provide a safe and healthy workplace that avoids delays and
costs associated with workplace illnesses, injuries, and fatalities , including
descriptions of safet y training, certification, and/or licensure requirements for all
relevant workers (e.g., OSHA 10, OSHA 30);
▪ Whether workers on the project will receive wages and benefits that will secure an
appropriately skilled workforce in the context of the local or re gional labor market;
and
▪ Whether the project has completed a project labor agreement.
c. Whether the project prioritizes local hires.
d. Whether the project has a Community Benefit Agreement, with a description of any
such agreement.
2. Water and sewer projects (EC 5.1-5.18) Required once the project starts:
• National Pollutant Discharge Elimination System (NPDES) Permit Number (if applicable;
for projects aligned with the Clean Water State Revolving Fund) (Collection began in
January 2022)
19 As determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers
and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the
State (or the District of Columbia) in which the work is to be performed.
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• Public Water System (PWS) ID number (if applicable; for projects aligned with the Drinking
Water State Revolving Fund) (Collection began January 2022)
• Median Household Income of service area (Collection began in April 2022)
• Lowest Quintile Income of the service area (Collection began in April 2022)
3. Broadband projects (EC 5.1 9-5.21) Collection includes new fields that are required beginning
in July 2022 and October 2022:
Overall Project Information
• Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
o If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds, explain why not, and
o Confirm that the project is designed to, upon completion, meet or exceed 100 Mbps
download speed and between at least 20 Mbps and 100 Mbps upload speed, and be
scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed.
• Confirm that the service provider for the project has, or will upon completion of the project,
either participated in the Federal Communications Commission (FCC)’s Affordable
Connectivity Program (ACP) or otherwise provided access to a broad-based affordability
program that provides benefits to households commensurate with those provided under
the ACP to low-income consumers in the proposed service area of the broadband
infrastructure (applicable only to projects that provide service to households).
Detailed Project Information
• Project technology type(s) (Planned/Actual)
o Fiber
o Coaxial Cable
o Terrestrial Fixed Wireless
o Other (specify)
• Total m iles of fiber deployed (Planned/Actual)
• Total number of funded locations served (Planned/Actual)
o Total number of funded locations served, broken out by speeds:
▪ Pre-SLFRF Investment:
• Number receiving 25/3 Mbps or below
• Number receiving between 25/3 Mbps and 100/20 Mbps
▪ Post-SLFRF Investment (Planned/Actual):
• Number receiving minimum 100/100 Mbps
• Number receiving minimum 100/20 Mbps and scalable to minimum
100/100 Mbps
o Total number of funded locations served, broken out by type (Planned/Actual):
▪ Residential
• Total Housing Units
▪ Business
▪ Community anchor institution
• Speed tiers offered, corresponding non-promotional prices, including associated fees, and
data allowance for each speed tier of broadband service (required starting October 2022).
Location-by-Location Project Information
For each location served by a Project, the recipient must collect from the subrecipient or
contractor and submit the following information to Treasury using a predetermined file format
that will be provided by Treasury on the SLFRF website (required starting October 2022):
• Latitude/longitude at the structure where service will be installed
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• Technology used to offer service at the location
• Location type
o Residential
▪ If Residential, Number of Housing Units
o Business
o Community anchor institution
• Speed tier at the location pre-SLFRF investment
o 25/3 Mbps or below
o Between 25/3 Mbps and 100/20 Mbps
• Speed and latency at the location post-SLFRF investment
o Maximum download speed offered
o Maximum download speed delivered
o Maximum upload speed offered
o Maximum upload speed delivered
o Latency
l. Additional Required Programmatic Data for States, U.S. territories, and metropolitan cities and
counties with a population that exceeds 250,000 residents only: As noted in the Recovery Plan
section of this guidance, states, U.S. territories, and metropolitan cities and counties with a
population over 250,000 are required to provide additional data in the Project and Expenditure
report for projects in the following expenditure categories:
1. Use of Evidence (for relevant ECs noted in Appendix 1)—Collection began April 2022
• The dollar amount of the total project spending that is allocated towards evidence -based
interventions
• Whether a program evaluation of the project is being conducted
2. Household Assistance (EC 2.2, Long-Term Housing Security (EC 2.15-2.16) and Housing
Support (EC 2.17-2.18):
• Number of households receiving eviction prevention services (including legal
representation)
• Number of affordable housing units preserved or developed
3. Assistance to Unemployed or Underemployed Workers (EC 2.10) and Community Violence
Interventions (EC 1.11):
• Number of workers enrolled in sectoral job training programs
• Number of workers completing sectoral job training programs
• Number of people participating in summer youth employment programs
4. Addressing Educational Disparities (EC 2.24-2.26) and Addressing Impacts of Lost
Instructional Time (EC 2.27):
• Number of students participating in evidence-based tutoring programs20
5. Healthy Childhood Environments (EC 2.11-2.14):
• Number of children served by childcare and early learning services (pre-school/pre-K/ages
3-5)
• Number of families served by home visiting
20 For more information on evidence-based tutoring programs, refer to the U.S. Department of Education’s
2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-based tutoring programs
(see the bottom of page 20.
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m. NEU Documentation (NEUs only): Each NEU is also required to provide the following information
once its accounts are established in Treasury’s Reporting Portal and prior to the due date for
their first Project and Expenditure Report (due April 30, 2022):
• Copy of the signed award terms and conditions agreement (which was signed and submitted
to the State as part of the request for funding)
• Copy of the signed assurances of compliance with Title VI of the Civil Rights Act of 1964
(which was signed and submitted to the State as part of the request for funding)
• Copy of actual budget documents validating the top -line budget total provided to the State as
part of the request for funding
NEU accounts are established in Treasury’s Portal based on information provided by the States or
territories, as further described in Section Part 2 D below.
C. Recovery Plan Performance Report
States, territories, and metropolitan cities and counties with a population that exceeds 250,000
residents (i.e., Tier 1 recipients) will also be required to publish and submit to Treasury a Recovery
Plan performance report (“Recovery Plan”). Each Recovery Plan must be posted on an easily
discoverable webpage on the public-facing website of the recipient by the same date the recipient
submits the report to Treasury. Treasury recommends that Recovery Plans be accessible within three
clicks or fewer from the homepage of the recipient’s website. Within Treasury’s reporting portal,
recipients must upload a link to the publicly available Recovery Plan and provide required data.
The Recovery Plan provides the public and Treasury both retrospective and prospective information
on the projects recipients are undertaking or planning to undertake with program funding and how
they are planning to ensure program outcomes are achieved in an effective, efficient, and equitable
manner. While this guidance outlines some minimum requirements for the Recovery Plan, each
recipient is encouraged to add information to the plan that they feel is appropriate to provide
information to their constituents on efforts they are taking to respond to the pandemic and promote
economic recovery. Each jurisdiction may determine the general form and content of the Recovery
Plan, as long as it includes the minimum informa tion required by Treasury. Treasury provided a
template (located at www.treasury.gov/SLFRP) but recipients may modify this template as
appropriate for their jurisdiction, provided the modified template meets Tr easury’s requirements,
outlined below. Through the Recovery Plan, recipients may link to public documents, including, but
not limited to, legislation, dashboards, survey results, community engagement reports, and equity
frameworks to support the Recovery Plan narrative. The Recovery Plan should include key
performance indicators identified by the recipient and some mandatory indicators identified by
Treasury, as noted below.
The initial Recovery Plan covered the period from the date of award to July 31, 2021 and was required
to be submitted to Treasury by August 31, 2021, or 60 days after receiving funding. Thereafter, the
Recovery Plan will cover a 12-month period and recipients are required to submit the report to
Treasury after the end of the 12-month period by July 31. The Recovery Plan should include both
retrospective inform ation covering the time period of the Recovery Plan along with prospective
information on future work to be undertaken with SLFRF funds or on the planning that has been
undertaken during the covered period. Table 5 summarizes the report timelines:
Table 5 Recovery Plan Timeline
Annual
Report
Period Covered Due Date
1 Award Date – July 31, 2021 August 31, 2021 or 60 days
after receiving funding
2 July 1, 2021 – June 30, 2022 July 31, 2022
3 July 1, 2022 – June 30, 2023 July 31, 2023
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Annual
Report
Period Covered Due Date
4 July 1, 2023 – June 30, 2024 July 31, 2024
5 July 1, 2024 – June 30, 2025 July 31, 2025
6 July 1, 2025 – June 30, 2026 July 31, 2026
7 July 1, 2026 – December 31, 2026 April 30, 2027
Recovery Plans submitted as part of reporting are used by Treasury, third party organizations, the
public, and other stakeholders to obtain a comprehensive understanding of SLFRF’s largest
recipients’ planned and actual usage of SLFRF funding, including th e jurisdiction’s policy goals, its
strategy for achieving them, and specific projects or initiatives underway. Alignment of data reported
in Project and Expenditure reports and Recovery Plans is expected by both Treasury and SLFRF’s
many stakeholders. Finally, Recovery Plans will be posted publicly by Treasury to provide
transparency about how program funds are being used by recipient governments.
The Recovery Plan must include, at a minimum, the following information:
1. Executive Summary
In this section, recipients should provide a high-level overview of the jurisdiction’s intended and actual
uses of funding including, but not limited to: the jurisdiction’s strategy, goals, and plan for using Fiscal
Recovery Funds to respond to the pandemic and promote economic recovery, key outcome goals,
progress to date on those outcomes, and any noteworthy challenges or opportunities identified during
the reporting period.
2. Uses of Funds
In this section, recipients should describe in further detail the strategy and goals of their jurisdiction’s
SLFRF program , such as how their jurisdiction’s approach would help support a strong and equitable
recovery from the COVID-19 pandemic and economic downturn. Recipients should describe how their
intended and actual uses of funds will achieve their goals. Given the broad eligible uses of funds
established by the final rule and the specific needs of different jurisdictions, recipients should also
explain how the funds would support the communities, populations, or individuals in their jurisdiction.
Recipients should describe how their use of funds supports their overall strategy and goals in the
following areas:
a. Public Health (EC 1): As relevant, describe how funds are being used to respond to COVID -19,
the broader health impacts of COVID-19, and the COVID-19 public health emergency, including
community violence interventions and behavioral health.
b. Negative Economic Impacts (EC 2): As relevant, describe how funds are being used to respond
to negative economic impacts of the COVID -19 public health emergency, including services to
households (such as affordable housing, job training, and childcare), small businesses, non-
profits, and impacted industries.
c. Public Health-Negative Economic Impact: Public Sector Capacity (EC 3): As relevant, describe
how funds are being used to support public sector workforce and capacity, including public sector
payroll, rehiring of public sector workers, and building of public sector capacity.
d. Premium Pay (EC 4): As relevant, describe the approach, goals, and sectors or occupations
served in any premium pay program. Describe how the approach prioritizes low -income workers
and/or any particular group of eligible workers.
e. Water, sewer, and broadband infrastructure (EC 5): As relevant, describe the approach, goals,
and types of projects being pursued. Where relevant, recipients should note how projects
contribute to addressing climate change and/or how projects benefit disadvantaged communities
in line with the Justice40 Initiative.21
21 See Executive Order 14008, On Tackling the Climate Crisis at Home and Abroad and the Interim
Implementation Guidance for the Justice40 Initiative, OMB M-21-28.
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f. Revenue Replacement (EC 6): Describe the loss in revenue, including if electing the standard
allowance, due to the COVID-19 public health emergency, and how funds have been used to
provide government services, including any funds used under revenue loss for non -federal cost-
share or matching requirements of other federal programs .
If appropriate, recipients may also include information on their jurisdiction’s use (or planned use) of
other federal recovery funds, including other programs under the American Rescue Plan such as
Emergency Rental Assistance, the Homeowner Assistance Fund, the Capital Projects Fund, the State
Small Business Credit Initiative, and so forth, to provide broader context on the overall approach for
pandemic recovery. Jurisdictions may also address use of SLFRF funds in coordination with, or in
preparation for, funding available through the Infrastructure Investment and Jobs Act.
3. Promoting equitable outcomes
Treasury encourages uses of funds that advance strong, equitable growth, including economic and
racial equity. For the purposes of the SLFRF, equity is described in the Executive Order 13985 On
Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government, as issued on January 20, 2021.
In this section, recipients should describe, as applicable, their efforts to promote equitable outcomes,
including economic and racial equity, and their efforts to design, implement, and measure their SLFRF
program and projects with equity in mind.
In describing their efforts to design their SLFRF program and projects with equity in mind, recipients
may consider the following:
a. Goals: Are there particular historically underserved, marginalized, or adversely affected groups
that recipients intend to serve within their jurisdiction?
b. Awareness: How equitable and practical is the ability for residents or businesses to become aware
of the services funded by SLFRF?
c. Access and Distribution: Are there differences in levels of access to benefits and services across
groups? Are there administrative requirements that result in disparities in ability to complete
applications or meet eligibility criteria?
d. Outcomes: How are intended outcomes focused on closing gaps and/or reaching universal levels
of service? How is the considering disaggregating outcomes by race, ethnicity, and other equity
dimensions where relevant for the policy objective?
In describing their efforts to implement their SLFRF program and projects with equity in mind,
recipients may consider the following:
a. Goals and Targets: Please describe how planned or current uses of funds prioritize economic and
racial equity as a goal, name specific targets intended to produce meaningful equity results at
scale, and include initiatives to achieve those targets.
b. Project Implementation: In addition, please explain how the jurisdiction’s overall equity strategy
translates into focus areas for SLFRF projects and the specific services or programs offered by
the jurisdiction in the following Expenditure Category, as indicated in the final rule.
Negative Economic Impacts (EC 2): assistance to households, small businesses, and non -
profits to address impacts of the pandemic, which have been most severe among low -income
populations. This includes assistance with food, housing, and other needs; employment
programs for people with barriers to employment who faced negative economic impacts from
the pandemic (such as residents of low -income neighborhoods, minorities, disconnected
youth, the unemployed, formerly incarcerated people, veterans, and people with disabilities);
services to provide long-term housing security and housing supports, address educational
disparities, or provide child care and early learning services; and other strategi es that provide
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impacted and disproportionately impacted communities with services to address the negative
economic impacts of the pandemic
The first annual Recovery Plan, due in 2021, was required to describe initial efforts and intended
outcomes to promote equity, as applicable. Beginning in 2022, each annual Recovery Plan must
provide an update, using qualitative and quantitative data, on how the recipients’ approach achieved
or promoted equitable outcomes or progressed against equity goals during t he performance period,
as applicable. Each jurisdiction should describe any constraints or challenges that impacted project
success in terms of increasing equity. In particular, this section should describe the geographic and
demographic distribution of funding, including whether it is targeted toward traditionally marginalized
communities (recipients may reference the demographic data information in their Project and
Expenditure Reports as relevant).
4. Community Engagement
In this section, recipients shoul d describe how their jurisdiction’s planned or current use of funds
incorporates community engagement strategies including written feedback through surveys, project
proposals, and related documents; oral feedback through community meetings, issue-specific
listening sessions, stakeholder interviews, focus groups, and additional public engagement; as well
as other forms of input, such as steering committees, taskforces, and digital campaigns that capture
diverse feedback from the community. Recipients may describe completed or planned community
engagement strategies specifically focused on their SLFRF program and projects or community
engagement strategies that included SLFRF among other government programs. Recipients should
also describe how community engagement strategies support their equity goals, including
engagement with communities that have historically faced significant barriers to services, such as
people of color, people with low incomes, limited English proficient populations, and other traditionally
underserved groups.
5. Labor Practices
In this section, recipients should describe workforce practices on any infrastructure projects or capital
expenditures being pursued. How are projects using strong labor standards to promote effect ive and
efficient delivery of high-quality infrastructure projects while also supporting the economic recovery
through strong employment opportunities for workers? For example, report whether any of the
following practices are being utilized: project labor agreements, community benefits agreements,
prevailing wage requirements, and local hiring.
6. Use of Evidence
In this section of the Recovery Plan, recipients should describe whether and how evidence-based
interventions and/or program evaluation are incorporated into their SLFRF program. Recipient s may
include links to evidence standards, evidence dashboards, evaluation policies, and other public facing
tools that are used to track and communicate the use of evidence and evaluation for Fiscal Recovery
Funds. Recipients are encouraged to consider how a learning agenda, either narrowly focused on
SLFRF or broadly focused on the recipient’s broader policy agenda, could support their overarching
evaluation efforts in order to create an evidence -building strategy for their jurisdiction.22
In the Project Inventory section of the Recovery Plan (see Section 8 below), recipients should identify
whether SLFRF funds are being used for evidence-based interventions 23 and/or if projects are being
evaluated through rigorous program evaluations that are designed to build evidence. In the Project
Inventory, recipients must briefly describe the goals of the project and the evidence base for the
interventions funded by the project. As part of the Project Inventory section, r ecipients must also
specifically identify the dollar amount of the total project spending that is allocated towards evidence -
based interventions for each project in the Expenditure Categories noted with an asterisk in Appendix
1. Please note that to increase consistency, the Project and Expenditure report now also includes
22 For more information on learning agendas, please see OMB M-19-23
23 As noted in Appendix 2, evidence-based refers to interventions with strong or moderate levels of evidence.
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fields for recipients to identify t he dollar amount of the total project spending that is allocated to
evidence-based interventions and to indicate if a program evaluation of the project is being conducted.
Recipients are encouraged to reference relevant evidence clearinghouses, among other sources, to
assess the level of evidence for their interventions and identify evidence -based models that could be
applied in their jurisdiction; such evidence clearinghouses include the U.S. Department of Education’s
What Works Clearinghouse, the U.S. Department of Labor’s CLEAR, and the Childcare & Early
Education Research Connections and the Home Visiting Evidence of Ef fectiveness clearinghouses
from Administration for Children and Families, as well as other clearinghouses relevant to particular
projects conducted by the recipient.
Recipients are exempt from reporting on evidence -based interventions in cases where a pr ogram
evaluation is being conducted. In such cases where a recipient is conducting a program evaluation ,
recipients must describe the evaluation design, including whether it is a randomized or quasi -
experimental design; the key research questions being eva luated; whether the study has sufficient
statistical power to disaggregate outcomes by demographics; and the timeframe for the completion
of the evaluation (including a link to the completed evaluation if relevant).24 Once the evaluation has
been completed, recipients must post the evaluation publicly and link to the completed evaluation in
the Recovery Plan. Once an evaluation has been completed (or has sufficient interim findings to
determine the efficacy of the intervention), recipients should determine w hether the spending for the
evaluated interventions should be counted towards the dollar amount categorized as evidence -based
for the relevant project.
For all projects, recipients may be selected to participate in a national evaluation, which might, for
example, study their project along with similar projects in other jurisdictions that are focused on the
same set of outcomes. In such cases, recipients may be asked to share information and data that is
needed for the national evaluation.
Appendix 2 contains additional information on evidence-based interventions for the purposes of the
Recovery Plan.
7. Performance Report
In this section, recipients should describe how performance management is incorporated into their
SLFRF program, including how they are tracking their overarching jurisdictional goals for these funds
as well as measuring results for individual projects. The recipient has flexibility in terms of how this
information is presented in the Recovery Plan, and may report key performance indicator s for each
project, or may group projects with substantially similar goals and the same outcome measures. In
some cases, the recipient may choose to include some indicators for each individual project as well
as crosscutting indicators. Recipients may include links to performance management dashboards,
performance management policies, and other public facing tools that are used to track and
communicate the performance of Fiscal Recovery Funds. In addition to outlining in this section their
high-level approach to performance management, recipients must also include key performance
indicators for each SLFRF project in the Project Inventory section (described below in #8).
Performance indicators should include both output and outcome measures. Output measures, such
as the number of students enrolled in an early learning program, provide valuable information about
the early implementation stages of a project. Outcome measures , such as the percent of students
reading on grade level, provide information about whether a project is achieving its overall goals.
Recipients are encouraged to use logic models 25 to identify their output and outcome measures.
24 For more information on the required standards for program evaluation, see OMB M-20-12.
25 A logic model is a tool that depicts the intended links between program investments and outcomes,
specifically the relationships among the resources, activities, outputs, outcomes, and impact of a program.
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While the initial Recovery Plan focused heavily on early output goals, recipients should include the
related outcome goal for each project and provide updated information on achieving these outcome
goals in subsequent annual reports. In cases where recipients are conducting a progr am evaluation
for a project (as described above), the outcome measures in the performance report should be aligned
with those being evaluated in the program. As described in the final rule, to support their performance
measurement and program improvement efforts, recipients are permitted to use funds to make
improvements to data or technology infrastructure and data analytics, as well as perform program
evaluations.
While recipients have discretion on the full suite of performance indicators to include, a number of
mandatory performance indicators and programmatic data must be included. These are necessary
to allow Treasury to conduct oversight as well as understand and aggregate program outcomes
across recipients. This section provides an overview of the mandatory performance indicators and
programmatic data. This information should be included in the Project Inventory, but this data will also
need to be entered directly into the Treasury reporting portal as part of the Project and Expenditure
report, as Treasury has added these fields (for Tier 1 recipients only) to the Project and Expenditure
report.. Below is a list of required data for each Expenditure Category, where relevant.
a. Household Assistance (EC 2.2), Long-Term Housing Security (EC 2.15-2.16) and Housing
Support (EC 2.17-2.18):
• Number of households receiving eviction prevention services (including legal representation)
• Number of affordable housing units preserved or developed
b. Assistance to Unemployed or Underemployed Workers (EC 2.10) and Community Violence
Interventions (EC 1.11):
• Number of workers enrolled in sectoral job training programs
• Number of workers completing sectoral job training programs
• Number of people participating in summer youth employment programs
c. Addressing Educational Disparities (EC 2.24-2.26) and Addressing Impacts of Lost Instructional
Time (EC 2.27):
• Number of students participating in evidence-based tutoring program s26
d. Healthy Childhood Environments (EC 2.11-2.14):
• Number of children served by childcare and early learning services (pre-school/pre-K/ages 3-
5)
• Number of families served by home visiting
The initial report should have included the key indicators above. Each annual report thereafter should
include updated data for the performance period as well as prior period data, and a brief narrative
adding any additional context to help the reader interpret the results and understand any c hanges in
performance indicators over time. To the extent possible, Treasury also encourages recipients to
provide data disaggregated by race, ethnicity, gender, income, and other relevant factors.
8. Project Inventory
In this section, recipients should l ist the name and provide a brief description of each SLFRF funded
project. Projects are defined as a grouping of closely related activities that together are intended to
achieve a specific goal or are directed toward a common purpose. These activities can include new
or existing eligible government services or investments funded in whole or in part by SLFRF funding.
26 For more information on evidence-based tutoring programs, refer to the U.S. Department of Education’s
2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-based tutoring programs
(see the bottom of page 20.).
Coronavirus State and Local Fiscal Recovery Funds
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For each project, recipients should include the project name, funding amount, identification number
(the same identification number created by the recipient that matches the identification number used
in the quarterly Project and Expenditure Report), project Expenditure Category (see Appendix 1), and
a description of the project that includes an overview of the main activities of the project, approximate
timeline, primary delivery mechanisms and partners, and intended outcomes. Each jurisdiction should
also include a link to the website of the project if available. This information will provide context and
additional detail for the information reported quarterly in the Project and Expenditure Report .
For infrastructure projects, where relevant, recipients should describe how the project contributes to
addressing climate change and/or advances the Justice40 initiative 27, which sets a target of providing
40 percent of the benefits of certain federal investments, including climate and clean energy
investments to disadvantaged communities.
As noted above in section 6, the Project Inventory must also include information about the dollar
amount of the total project spending that is allocated towards evidence -based interventions (or
describe how projects are being evaluated as noted above). As described above in section 7, the
Project Inventory must also contain information about the performance indi cators for each project,
including both those measures that recipients have defined for each project as well as the mandatory
performance indicators defined by Treasury.
Recipients have flexibility in the presentation and format of their Project Inventor y, provided it includes
the minimum required information. Recipients have the option of downloading a spreadsheet of the
information entered into their Project and Expenditure Report to assist them in creating the Project
Inventory in their Recovery Plan. However, recipients must ensure that their Project Invent ory
contains the additional information required by this guidance, including but not limited to information
about performance measures and evidence/evaluation for each project. In all cases, recipients must
post publicly (and submit to Treasury) a single PDF file of their Recovery Plan, which includes the
Project Inventory.
D. Distributions to NEUs
Each state and territory is required to provide regular updates on their NEU distributions as well as
their distributions to units of general local government within counties that are not units of general
local government. The distribution template generally requests information on whether the local
government has (1) received funding; (2) declined funding and requested a transfer to the state
under Section 603(c)(4) of the Act; or (3) not taken action on its funding or declined funding.
For NEUs, states and territories should be prepared to report on their information, including the
following:
• NEU name
• NEU UEI number
• NEU Taxpayer Identification Number (TIN)
• NEU Recipient Number (a unique identification code for each NEU assigned by the State or
territory to the NEU as part of the request for funding)
• NEU contact information (e.g., address, point of contact name, point of contact email
address, and point of contact phone number)
• NEU authorized representative name and email address
• Initial allocation and, if applicable, subsequent allocation to the NEU (before application of
the 75 percent cap)
27 See Executive Order 14008, On Tackling the Climate Crisis at Home and Abroad and the Interim
Implementation Guidance for the Justice40 Initiative, OMB M-21-28.
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• Total NEU reference budget (as submitted by the NEU to the State or territory as part of the
request for funding)
• Amount of the initial and, if applicable, subsequent allocation above 75 percent of the NEU’s
reference budget which will be returned to Treasury
• Payment amount(s)
• Payment date(s)
States with “weak” minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri, Nebraska, North
Dakota, Ohio, and South Dakota) should also list any minor civil divisions that the state deemed
ineligible.
For each eligible NEU that declined funding and requested a transfer to the state under Section
603(c)(4) of the Social Security Act, the state or territory must also attach a form signed by the NEU,
as detailed in the Guidance on Distributions of Funds to Non-Entitlement Units of Local
Government.
Coronavirus State and Local Fiscal Recovery Funds
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Appendix 1: Expenditure Categories
Treasury’s final rule provides greater flexibility and simplicity for recipients to fight the pandemic and
support families and businesses struggling with its impacts, maintain vital services amid revenue
shortfalls, and build a strong, resilient, and equi table recovery. As such, recipients began reporting
on a broader set of eligible uses and associated Expenditure Categories (“EC”), starting with the April
2022 Project and Expenditure Report than they did in their interim reports, initial Recovery Plans, and
January Project and Expenditure Report. The table below includes the new Expenditure Categories,
as well as a reference to previous Expenditure Categories aligned with the interim final rule and used
for reporting before this date.
The Expenditure Categories (EC) listed below must be used to categorize each project as noted in
Part 2 above. The term “Expenditure Category” refers to the detailed level (e.g., 1.1 COVID-19
Vaccination). When referred to as a category (e.g., EC 1) it includes all Expen diture Categories within
that level.
*Denotes areas where recipients must identify the amount of the total funds that are allocated to
evidence-based interventions (see Use of Evidence section above for details)
^Denotes areas where recipients must report on whether projects are primarily serving
disproportionately impacted communities (see Project Demographic Distribution section above for
details)
Expenditure Category EC28 Previous
EC29
1: Public Health
COVID-19 Mitigation & Prevention
COVID-19 Vaccination^ 1.1 1.1
COVID-19 Testing ^ 1.2 1.2
COVID-19 Contact Tracing ^ 1.3 1.3
Prevention in Congregate Settings (Nursing Homes, Prisons/Jails,
Dense Work Sites, Schools, Child care facilities, etc.)*^ 1.4 1.4
Personal Protective Equipment ^ 1.5 1.5
Medical Expenses (including Alternative Care Facilities)^ 1.6 1.6
Other COVID-19 Public Health Expenses (including Communications,
Enforcement, Isolation/Quarantine)^ 1.7 1.8
COVID-19 Assistance to Small Businesses ^ 1.8 -
COVID 19 Assistance to Non-Profits^ 1.9 -
COVID-19 Aid to Impacted Industries ^ 1.10 -
Community Violence Interventions
Community Violence Interventions*^ 1.11 3.16
Behavioral Health
Mental Health Services*^ 1.12 1.10
Substance Use Services*^ 1.13 1.11
Other
Other Public Health Services^ 1.14 1.12
Capital Investments or Physical Plant Changes to Public Facilities that
respond to the COVID-19 public health emergency - 1.7
2: Negative Economic Impacts
Assistance to Households
Household Assistance: Food Programs*^ 2.1 2.1
28 Under the final rule to be used starting with April 2022 reports
29 Under the interim final rule to be used in Interim Report and January 2022 Project and Expenditure Report
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Expenditure Category EC28 Previous
EC29
Household Assistance: Rent, Mortgage, and Utility Aid*^ 2.2 2.2
Household Assistance: Cash Transfers *^ 2.3 2.3
Household Assistance: Internet Access Programs*^ 2.4 2.4
Household Assistance: Paid Sick and Medical Leave ^ 2.5 -
Household Assistance: Health Insurance*^ 2.6 -
Household Assistance: Services for Un/Unbanked *^ 2.7 -
Household Assistance: Survivor's Benefits^ 2.8 -
Unemployment Benefits or Cash Assistance to Unemployed Workers *^ 2.9 2.6
Assistance to Unemployed or Underemployed Workers (e.g. job training,
subsidized employment, employment supports or incentives)*^ 2.10 2.7
Healthy Childhood Environments: Child Care*^ 2.11 3.6
Healthy Childhood Environments: Home Visiting *^ 2.12 3.7
Healthy Childhood Environments: Services to Foster Youth or Families
Involved in Child Welfare System *^ 2.13 3.8
Healthy Childhood Environments: Early Learning*^ 2.14 3.1
Long-term Housing Security: Affordable Housing*^ 2.15 3.10
Long-term Housing Security: Services for Unhoused Persons*^ 2.16 3.11
Housing Support: Housing Vouchers and Relocation Assistance for
Disproportionately Impacted Communities*^ 2.17 -
Housing Support: Other Housing Assistance*^ 2.18 3.12
Social Determinants of Health: Community Health Workers or Benefits
Navigators*^ 2.19 3.14
Social Determinants of Health: Lead Remediation*^ 2.20 3.15
Medical Facilities for Disproportionately Impacted Communities ^ 2.21 -
Strong Healthy Communities: Neighborhood Features that Promote
Health and Safety^ 2.22 -
Strong Healthy Communities: Demolition and Rehabilitation of
Properties^ 2.23 -
Addressing Educational Disparities: Aid to High-Poverty Districts^ 2.24 3.2
Addressing Educational Disparities: Academic, Social, and Emotional
Services*^ 2.25 3.3
Addressing Educational Disparities: Mental Health Services*^ 2.26 3.4
Addressing Impacts of Lost Instructional Time ^ 2.27 -
Contributions to UI Trust Funds ^ 2.28 2.8
Assistance to Small Businesses
Loans or Grants to Mitigate Financial Hardship ^ 2.29 2.9
Technical Assistance, Counseling, or Business Planning*^ 2.30
Rehabilitation of Commercial Properties or Other Improvements^ 2.31 -
Business Incubators and Start-Up or Expansion Assistance*^ 2.32
Enhanced Support to Microbusinesses*^ 2.33
Assistance to Non-Profits
Assistance to Impacted Nonprofit Organizations (Impacted or
Disproportionately Impacted)^ 2.34 2.10
Aid to Impacted Industries
Aid to Tourism, Travel, or Hospitality ^ 2.35 2.11
Aid to Other Impacted Industries ^ 2.36 2.12
Other
Economic Impact Assistance: Other*^ 2.37 2.13
Household Assistance: Eviction Prevention*^ - 2.5
Education Assistance: Other*^ - 3.5
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Expenditure Category EC28 Previous
EC29
Healthy Childhood Environments: Other*^ - 3.9
Social Determinants of Health: Other *^ - 3.13
3: Public Health-Negative Economic Impact: Public Sector Capacity
General Provisions
Public Sector Workforce: Payroll and Benefits for Public Health, Public
Safety, or Human Services Workers 3.1 1.9
Public Sector Workforce: Rehiring Public Sector Staff 3.2 2.14
Public Sector Workforce: Other 3.3 -
Public Sector Capacity: Effective Service Delivery 3.4 7.2
Public Sector Capacity: Administrative Needs 3.5 -
4: Premium Pay
Public Sector Employees 4.1 4.1
Private Sector: Grants to Other Employers 4.2 4.2
5: Infrastructure
Water and Sewer
Clean Water: Centralized Wastewater Treatment 5.1 5.1
Clean Water: Centralized Wastewater Collection and Conveyance 5.2 5.2
Clean Water: Decentralized Wastewater 5.3 5.3
Clean Water: Combined Sewer Overflows 5.4 5.4
Clean Water: Other Sewer Infrastructure 5.5 5.5
Clean Water: Stormwater 5.6 5.6
Clean Water: Energy Conservation 5.7 5.7
Clean Water: Water Conservation 5.8 5.8
Clean Water: Nonpoint Source 5.9 5.9
Drinking water: Treatment 5.10 5.10
Drinking water: Transmission & Distribution 5.11 5.11
Drinking water: Lead Remediation, including in Schools and Daycares 5.12 5.12
Drinking water: Source 5.13 5.13
Drinking water: Storage 5.14 5.14
Drinking water: Other water infrastructure 5.15 5.15
Water and Sewer: Private Wells 5.16 -
Water and Sewer: IIJA Bureau of Reclamation Match 5.17 -
Water and Sewer: Other 5.18 -
Broadband
Broadband: “Last Mile” projects 5.19 5.16
Broadband: IIJA Match 5.20 -
Broadband: Other projects 5.21 5.17
6: Revenue Replacement
Provision of Government Services 6.1 6.1
Non-federal Match for Other Federal Programs 6.2 -
7: Administrative
Administrative Expenses 7.1 7.1
Transfers to Other Units of Government 7.2 7.3
Transfers to Non-entitlement Units (States and territories only) - 7.4
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Treasury has prepared the additional guidance below to support recipients in implementing the new
expenditure categories. This table includes only those previous expenditure categories that are
changing under the new structure, aligned with the final rule.
January 2022 Expenditure Categories April 2022 Guidance
1: Public Health
1.7 Capital Investments or Physical Plant Changes
to Public Facilities that respond to the COVID -
19 public health emergency
EC removed, capital expenditures can be
designated in any relevant PH-NEI EC
(e.g., new hospital wing would be tracked
under EC 1.4)
1.8 Other COVID-19 Public Health Expenses
(including Communications, Enforcement,
Isolation/Quarantine)
EC is 1.7
1.9 Payroll Costs for Public Health, Safety, and
Other Public Sector Staff Responding to
COVID-19
EC is 3.1
1.10 Mental Health Services* EC is 1.12
1.11 Substance Use Services* EC is 1.13
1.12 Other Public Health Services EC is 1.14
2: Negative Economic Impacts
2.5 Household Assistance: Eviction Prevention EC is now included as part of 2.2
2.6 Unemployment Benefits or Cash Assistance to
Unemployed Workers*
EC is 2.9
2.7 Job Training Assistance (e.g., Sectoral job -
training, Subsidized Employment, Employment
Supports or Incentives)*^
EC is 2.10
2.8 Contributions to UI Trust Funds EC is 2.28
2.9 Small Business Economic Assistance
(General)*^
If public-health related (e.g., providing
rapid tests for small businesses), EC is
1.8; if related to negative economic
impact eligible use (e.g., grants, technical
assistance, rehabilitation, incubators, or
microbusinesses), EC is 2.29-2.33
2.10 Aid to Nonprofit Organizations* If public-health related (e.g., providing
rapid tests for non-profits), EC is 1.9; if
related to negative economic impact (e.g.,
grants to stabilize non-profit budget), EC
is 2.34
2.11 Aid to Tourism, Travel, or Hospitality EC is 2.35
2.12 Aid to Other Impacted Industries EC is 2.36
2.13 Other Economic Support*^ EC is 2.37, re-named Other Economic
Impact
2.14 Rehiring Public Sector Staff EC is 3.2
3: Services to Disproportionately Impacted Comm unities
3.1 Education Assistance: Early Learning*^ EC is 2.14
3.2 Education Assistance: Aid to High-Poverty
Districts ^
EC is 2.24
3.3 Education Assistance: Academic Services*^ EC is 2.25, social and emotional services
will now be tracked under this EC
3.4 Education Assistance: Social, Emotional, and
Mental Health Services*^
EC is 2.26, if social and emotional
services, EC is 2.25;
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January 2022 Expenditure Categories April 2022 Guidance
3.5 Education Assistance: Other*^ EC is 2.37, collected under Other
Economic Impact
3.6 Healthy Childhood Environments: Child Care*^ EC is 2.11
3.7 Healthy Childhood Environments: Home
Visiting*^
EC is 2.12
3.8 Healthy Childhood Environments: Services to
Foster Youth or Families Involved in Child
Welfare System*^
EC is 2.13
3.9 Healthy Childhood Environments: Other*^ EC is 2.37, collected under Other
Economic Impact
3.10 Housing Support: Affordable Housing*^ EC is 2.15
3.11 Housing Support: Services for Unhoused
Persons*^
EC is 2.16
3.12 Housing Support: Other Housing Assistance*^ EC is 2.18
3.13 Social Determinants of Health: Other*^ EC is 2.37, collected under Other
Economic Impact
3.14 Social Determinants of Health: Community
Health Workers or Benefits Navigators*^
EC is 2.19
3.15 Social Determinants of Health: Lead
Remediation^
EC is 2.20
3.16 Social Determinants of Health: Community
Violence Interventions*^
EC is 1.11
5: Infrastructure
5.16 Broadband: “Last Mile” projects EC is 5.19
5.17 Broadband: Other projects EC is 5.20
7: Administrative
7.2 Evaluation and Data Analysis EC is 3.4 and has been renamed
Effective Service Delivery
7.3 Transfers to Other Units of Government EC is 7.2
7.4 Transfers to Non-entitlement Units (States and
territories only)
To be separately reported as part of
NEU/Non-UGLG module. Refer to Part 2
Section D.
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Appendix 2: Evidenced-Based Intervention Additional Information
What is evidence-based?
For the purposes of the SLFRF, with the exception of investments in educational services (see
additional information below), evidence-based refers to interventions with strong or moderate
evidence as defined below:
Strong evidence means that the evidence base can support causal conclusi ons for the specific
program proposed by the applicant with the highest level of confidence. This consists of one or more
well-designed and well-implemented experimental studies conducted on the proposed program with
positive findings on one or more intended outcomes.
Moderate evidence means that there is a reasonably developed evidence base that can support
causal conclusions. The evidence base consists of one or more quasi -experimental studies with
positive findings on one or more intended outcomes OR t wo or more non-experimental studies with
positive findings on one or more intended outcomes. Examples of research that meet the standards
include: well-designed and well-implemented quasi-experimental studies that compare outcomes
between the group receiving the intervention and a matched comparison group (i.e., a similar
population that does not receive the intervention).
Preliminary evidence means that the evidence base can support conclusions about the program’s
contribution to observed outcomes. The evidence base consists of at least one non -experimental
study. A study that demonstrates improvement in program beneficiari es over time on one or more
intended outcomes OR an implementation (process evaluation) study used to learn about and
improve program operations would constitute preliminary evi dence. Examples of research that meet
the standards include: (1) outcome studies that track program beneficiaries through a service pipeline
and measure beneficiaries’ responses at the end of the program; and (2) pre- and post-test research
that determines whether beneficiaries have improved on an intended outcome.
For investments in educational services, "evidence-based", consistent with the American Rescue
Plan Act, has the meaning in section 8101(21) of the E lementary and Secondary Education Act of
1965, as amended (20 U.S.C. 6301 et seq.). Please see page 16 of this Frequently Asked Questions
resource on the Department of Education's Elementary and Secondary School Em ergency Relief
Programs and Governor's Emergency Education Relief Programs for more information.
Coronavirus State and Local Fiscal Recovery Funds
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Appendix 3: Expenditure Categories aligned with the Interim Final Rule
1: Public Health
1.1 COVID-19 Vaccination ^
1.2 COVID-19 Testing ^
1.3 COVID-19 Contact Tracing
1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites,
Schools, etc.)*
1.5 Personal Protective Equipment
1.6 Medical Expenses (including Alternative Care Facilities)
1.7 Capital Investments or Physical Plant Chang es to Public Facilities that respond to the
COVID-19 public health emergency
1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement ,
Isolation/Quarantine)
1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to
COVID-19
1.10 Mental Health Services*
1.11 Substance Use Services*
1.12 Other Public Health Services
2: Negative Economic Impacts
2.1 Household Assistance: Food Programs* ^
2.2 Household Assistance: Rent, Mortgage, and Utility Aid* ^
2.3 Household Assistance: Cash Transfers * ^
2.4 Household Assistance: Internet Access Programs* ^
2.5 Household Assistance: Eviction Prevention* ^
2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers *
2.7 Job Training Assistance (e.g., Sectoral job-training, Subsidized Employment,
Employment Supports or Incentives)* ^
2.8 Contributions to UI Trust Funds
2.9 Small Business Economic Assistance (General)* ^
2.10 Aid to Nonprofit Organizations*
2.11 Aid to Tourism, Travel, or Hospitality
2.12 Aid to Other Impacted Industries
2.13 Other Economic Support* ^
2.14 Rehiring Public Sector Staff
3: Services to Disproportionately Impacted Communities
3.1 Education Assistance: Early Learning * ^
3.2 Education Assistance: Aid to High-Poverty Districts ^
3.3 Education Assistance: Academic Services* ^
3.4 Education Assistance: Social, Emotional, and Mental Health Services* ^
3.5 Education Assistance: Other* ^
3.6 Healthy Childhood Environments: Child Care * ^
3.7 Healthy Childhood Environments: Home Visiting * ^
3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in
Child Welfare System* ^
3.9 Healthy Childhood Environments: Other* ^
3.10 Housing Support: Affordable Housing* ^
3.11 Housing Support: Services for Unhoused Persons* ^
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3.12 Housing Support: Other Housing Assistance* ^
3.13 Social Determinants of Health: Other * ^
3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators * ^
3.15 Social Determinants of Health: Lead Remediation ^
3.16 Social Determinants of Health: Community Violence Interventions* ^
4: Premium Pay
4.1 Public Sector Employees
4.2 Private Sector: Grants to Other Employers
5: Infrastructure
5.1 Clean Water: Centralized W astewater Treatment
5.2 Clean Water: Centralized W astewater Collection and Conveyance
5.3 Clean Water: Decentralized W astewater
5.4 Clean Water: Combined Sewer Overflows
5.5 Clean Water: Other Sewer Infrastructure
5.6 Clean Water: Stormwater
5.7 Clean Water: Energy Conservation
5.8 Clean Water: Water Conservation
5.9 Clean Water: Nonpoint Source
5.10 Drinking water: Treatment
5.11 Drinking water: Transmission & Distribution
5.12 Drinking water: Transmission & Distribution: Lead Remediation
5.13 Drinking water: Source
5.14 Drinking water: Storage
5.15 Drinking water: Other water infrastructure
5.16 Broadband: “Last Mile” projects
5.17 Broadband: Other projects
6: Revenue Replacement
6.1 Provision of Government Services
7: Administrative
7.1 Administrative Expenses
7.2 Evaluation and Data Analysis
7.3 Transfers to Other Units of Government
7.4 Transfers to Non-entitlement Units (States and territories only)
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Revision Log
Version Date Published Summary of changes
1.0 June 17, 2021 Initial publication
1.1 June 24, 2021 • Pg. 12, removed references to “summary” level with
respect to reporting by Expenditure Categories in the
Interim Report to avoid confusion.
• Pg. 13, revised the coverage period end date for the
Interim Report from June 30, 2021 to July 31, 2021
to align w ith the IFR.
• Pg. 13, removed references to “summary” level with
respect to reporting by Expenditure Categories in the
Interim Report to avoid confusion.
• Pg. 31, removed references to “summary level” with
respect to Expenditure Categories in Appendix 1 to
avoid confusion.
1.1 September 30,
2021
• Announced the extension in the Project and
Expenditure Report submission date, originally due
on October 31, 2021.
2.0 November 5, 2021 • Updated Subrecipient Monitoring section to clarify
beneficiaries and recipients.
• Updated references to Interim Final Rule comment
period as comment period is closed.
• Updated reporting tiers, thresholds and timelines in
Part 2 Table 2, Reporting Requirements by recipient
type, as well as Part 2 A and Part 2 B.
• Updated reporting periods for Interim Report and
Project and Expenditure reports.
• Added concept of Adopted Budget to Project and
Expenditure Report data fields.
• Noted phase in of Required Programmatic Data in
the Project and Expenditure Report.
• Removed certain data fields from the Ineligible
Activities: Tax Offset Provision under the Recovery
Plan.
• Separated reporting of NEU Distributions (for States
and territories) from the Interim Report and Project
and Expenditure Reports as information will be
provided on an ongoing basis.
2.1 November 15, 2021 • Updated pages 9 and 11 to note that civil rights
certification is not applicable to Tribal Governments.
3.0 February 28, 2022 • Updated to incorporate reporting updates under the
final rule
4.0 June 10, 2022 • Updated Recovery Plan guidance to incorporate
minor revisions
• Updated language around certain data fields that
were required for April 2022 reporting
• Updated data fields for Ineligible Activities: Tax
Offset Provision for the Project and Expenditure
report
• Updated Broadband data fields
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4.1 June 17, 2022 • Updated clerical errors in Ineligible Activities: Tax
Offset Provision
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6605
File ID: Type: Status: 2022-6605 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: Alternate JudgeFile Name:
Title: Consider approval of a contract for an Alternate Municipal Judge of the
Coppell Municipal Court of Record No. 1 of the City of Coppell; and
authorizing the City Manager to sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Contract.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 2022-6605
Title
Consider approval of a contract for an Alternate Municipal Judge of the Coppell Municipal Court
of Record No. 1 of the City of Coppell; and authorizing the City Manager to sign all necessary
documents.
Summary
Fiscal Impact:
Salaries are included in the annual budget.
Staff Recommendation:
The City Manager’s Office recommends approval of the contract.
Strategic Pillar Icon:
Sustainable Government
Page 1City of Coppell, Texas Printed on 11/4/2022
Master Continued (2022-6605)
Page 2City of Coppell, Texas Printed on 11/4/2022
MEMORANDUM
To: Mayor and City Council
From: Vicki Chiavetta, Deputy City Manager
Date: November 8, 2022
Reference: Consider approval of a contract for an Alternate Municipal Judge of the Coppell
Municipal Court of Record No. 1 of the City of Coppell; and authorizing the City
Manager to sign all necessary documents.
2040: Sustainable City Government
Introduction:
The purpose of this agenda item is to request approval of a contract that appoints an Alternate Municipal
Judge to the Coppell Municipal Court.
Background:
Judge Sandra White was promoted to Presiding Judge of the Coppell Municipal Court, leaving an
opening for an Alternate Municipal Judge in the Court. Staff interviewed several candidates for the
position and are recommending the Honorable Judge Stephen Feil to serve as a City of Coppell
Municipal Court Alternate Judge.
The Hon. Judge Feil is highly qualified to fill this role. He is currently serving as an Associate Judge
in Wylie and a Magistrate Judge in Dallas County, has been an attorney since 2016 in various firms, and
previously served as an Assistant District Attorney in Nueces County. He has six years of experience in
Magistrate Court and sixteen years of experience as an attorney.
Benefit to the Community:
The Coppell Municipal Court provides municipal court services to the community 24 hours a day, with
the judges being on call as needed. To provide adequate coverage, the court requires one Presiding
Judge and three Alternate Judges, who also serve other cities. All Judges work part-time, which provides
the flexibility needed to serve Coppell.
Legal Review: The city attorney has reviewed the contract.
Fiscal Impact: Judge’s salaries are included in the annual budget.
Recommendation: The City Manager’s Office recommends approval of the contract.
CITY OF COPPELL
ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 1
CITY OF COPPELL
ALTERNATE MUNICIPAL COURT JUDGE
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the “Agreement”), dated to be effective the 11th
day of November 2022, is entered into by and between the City of Coppell (“City”), a home rule
municipal corporation situated in Dallas County, Texas, and Stephen Feil (“Employee”).
City and Employee agree as follows:
1. Employment. Beginning as of November 11, 2022, Employee will be employed by the
City to serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1
pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances.
Employee will work no more than 999 hours in City’s fiscal year (the “Maximum Work Hours”).
Employee is appointed by and serves at the pleasure of the City Council but will work with the
Presiding Judge and the City Manager’s Office on day-to-day administrative matters.
2. Duties. Employee will perform the duties and responsibilities set out in the Job Description
attached hereto as Exhibit “A” and incorporated herein for all purposes and as may be amended
from time to time by City. Employee will perform his duties in a professional, courteous, and
timely manner. The Presiding Municipal Court Judge will establish Employee’s work hours
consistent with the needs and operations of the Court, and if Employee is unable to maintain his
established work hours on a particular day, he will notify the Presiding Judge and the Court
Administrator at least five (5) business days in advance, except in cases of illness or emergency,
in which case Employee will provide as much advance notice as possible. In carrying out his duties,
Employee further agrees to comply with all applicable federal, state, and local laws, rules and
regulations. Employee further agrees to conduct his personal business and regulate his work habits
and working hours so as to maintain and increase the goodwill, operations, and reputation of the
City. In interacting with City employees, citizens, and others with whom he comes into contact as
a Municipal Court Judge, Employee will not engage in any discriminatory or harassing conduct
based on race, religion, color, sex, sexual orientation or preference, national origin, disability, age,
marital status, pregnancy, military or veteran status, citizenship, genetic information, gender
identity or expression, or any other characteristic protected by law.
3. Term. The term of this Agreement is through September 30, 2024, unless sooner
terminated as provided herein.
4. Compensation. City will pay Employee as follows:
a. $125.00 per hour for services rendered, in increments of ¼ hour;
b. Up to sixteen (16) hours for attendance at continuing judicial education. In years
when the Texas Legislature is in session, the Employee may attend additional training
associated with legislative changes made as a result of the Session; and
c. On weekends and holidays, on a rotating basis, Employee will be designated as the “on
call” Municipal Judge. When designated as “on call”, Employee must timely respond
to requests by the City’s Police Department to perform prisoner arraignments, provide
CITY OF COPPELL
ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 2
magistrate’s warnings, and issue search warrants. Employee will be paid a guaranteed
minimum of two (2) hours per day when “on call” whether called out or not. If
Employee is called out and works more than two hours, compensation shall be paid in
¼ hour increments after the two-hour minimum is met.
Employee will report his time on a weekly basis to the Court Administrator. Employee’s
compensation will be paid to him net of applicable withholding and in accordance with City’s
normal payroll schedule.
5. Employee’s Qualifications. Employee covenants and affirms that he is, and during the
term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in
good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of
Judicial Conduct. Employee also affirms he has two or more years of experience in the practice of
law in the State of Texas. Employee is responsible for any expenses associated with maintaining
his Texas bar license. Employee represents and warrants that he has a thorough knowledge of City
and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction,
the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas Rules of Evidence, trial
and courtroom procedures, and the functions and operations of a Court of Record.
6. Court Facilities. City will provide a courtroom, jury room, office, office furniture, legal
resources, and other facilities and supplies necessary for the proper operation of its Municipal
Court.
7. Benefits. Employee is eligible for all legally mandated benefits (such as PARS and
workers’ compensation coverage). Employee is not eligible for and will not receive any of City’s
other employee benefits (such as vacation leave, paid sick leave, other paid time off benefits, social
security, group health insurance coverage, progressive discipline, and disciplinary appeals). City
will pay the costs for Employee to attend up to sixteen (16) hours of continuing judicial education
plus any training associated with the Texas Legislative sessions in accordance with Section 4 of
this Agreement and the City’s Travel and Expense Reimbursement policy; hours spent attending
continuing judicial education will be counted toward the Maximum Work Hours.
8. Employee’s Other Clients. Employee may provide his professional services to third
parties as long as such other work does not interfere or conflict with his duties under this
Agreement or reflect unfavorably upon City. Provided, however, that in his private law practice
Employee agrees that he will not represent a party who is, or who reasonably may be, adverse to
the City and/or to one of its employees, a City Council member, or the Mayor or in a matter wherein
the City or one or more of these individuals is, or reasonably may be, a party or witness.
9. Errors & Omissions Insurance Coverage. City has an Errors and Omissions insurance
policy covering its officers, directors, and elected and appointed officials. This policy covers
monetary damages arising out of civil claims resulting from wrongful acts by such individuals
while acting within the scope of their duties. City will provide coverage to Employee, in his
capacity as an Alternate Municipal Court Judge, under its Errors and Omissions policy.
CITY OF COPPELL
ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 3
10. Termination. Employee may terminate this Agreement by providing the City Manager
with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance
with applicable law and its Charter. Any accrued compensation owing to Employee through the
date of termination will be paid to Employee in full and final satisfaction of this Agreement.
11. Miscellaneous.
11.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the
remainder of this Agreement will be valid and enforced to the fullest extent permitted by law.
11.2 Any change or amendment to this Agreement must be in writing and signed by both
parties.
11.3 This Agreement contains the entire understanding between the parties.
11.4 Employee may not assign this Agreement.
11.5 This Agreement, and the rights and obligations of the parties, will be governed and
construed in accordance with the laws of the State of Texas. Venue will be in Dallas County.
11.6 The waiver by either party of a breach of any provision of this Agreement will not
operate or be construed as a waiver of any subsequent breach.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
day and year first above written.
THE CITY OF COPPELL
______________________________
Michael Land, City Manager
EMPLOYEE
______________________________
Stephen Feil
CITY OF COPPELL
ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 4
EXHIBIT A
ALTERNATE MUNICIPAL COURT JUDGE – JOB DESCRIPTION
Municipal Court
Position: Alternate Municipal Court Judge
Status: Exempt
Rev. Date: November 3, 2022
Level: 4
JOB DESCRIPTION
Basic Function
The Alternate Municipal Court Judge is appointed for a two-year term by the Mayor and City
Council. This Judge will perform the duties of magistrate under State law as well as preside as a
judge over cases in the Coppell Municipal Court of Record with the primary purpose of
administering justice in the disposition of cases involving ordinance or statutory misdemeanor
violations within the jurisdiction of the court. This position performs job duties with professional
independence within the framework of City ordinances and State laws applicable to
administration of a court of record and judicial proceedings. The Alternate Municipal Court
Judge will serve at the pleasure of the governing body of the City and may be removed without
cause.
This position requires the ability to work outside of typical business hours routinely includi ng
weekends, holidays, and evenings due to magistrate duties and “on call” requirements. The
Alternate Judge will perform magistrate duties and will be “on call” one or two full weekends
per month and some holidays. At times as assigned by the Presiding Municipal Court Judge, the
Alternate Municipal Court Judge will preside over municipal court proceedings during the
weekdays.
Essential Job Functions
• Perform magistrate duties for detained persons to include provide rights and warnings
required by law, review cases for probable cause and/or warrant confirmations, set bail
when appropriate, impose necessary bond conditions for release and enter Magistrate’s
Orders for Emergency Protection.
• Review time-sensitive search and arrest warrants for probable cause, including after-
hours warrants submitted either in person or by electronic means.
• Process legal documents from defendants jailed in other agencies on Coppell warrants
and compute any applicable jail credit.
City of Coppell Human Resour ces Page 2
• Administer statutory required warnings for statement of a child.
• Rule on motions filed by attorneys.
• Preside over indigent, show cause, juvenile, pre-trial, ordinance, contempt, plea and
failure to appear dockets in the disposition of cases at the Court.
• Process judgments, Alias, capias and capias profine warrants and other legal documents
both manually and digitally in the Court’s software system.
• Preside over trials by jury and trials by judge.
• Administer official oaths and affirmations and issue subpoenas.
• Conduct legal research as necessary on matters before the court and maintain current
knowledge of judicial developments.
• Process appeals and follow all rules and procedures contained in the ordinances of the
City and State law.
• Perform other duties as assigned by the Presiding Municipal Court Judge.
• Comply with the City’s Employee Policies & Procedures Handbook, including EEO,
Prohibited Harassment, & Complaint Procedure Policy.
• Embrace and abide by the City’s three anchors related to service and exhibit a
commitment to racial equity and equality and fairness for all.
City of Coppell Core Competencies
Technical Competencies
Knowledge and ability to correctly apply professional/specialized expertise; skillfully manage
information; properly use tools, equipment, and technology; effectively allocate resources;
proactively identify and resolve issues; consistently make sound decisions; correctly execute
policy processes and procedures; strictly adhere to/enforce safety polices; consistently produce
quality results; proactively plan and organize; consistently provide exceptional customer service.
Human Competencies
Humble: The noble choice to forgo your status, deploy your resources or use your influence for the
good of others beyond yourself – a willingness to hold power in service for others.
Motivation of Self & Others: We demonstrate a core desire to serve the Public and the
Organization through our commitment, passion, initiative, and drive.
Leadership of Self & Others: We motivate, inspire and influence others to strive towards
excellence by being participatory, positive, accountable, team focused, influential in goal
achievement, and empowering.
Service-Oriented: We behave in a friendly and professional manner centering on a desire to
address the needs of internal and external customers while respecting their rights and dignity by
being people-oriented, helpful, understanding, and compassionate.
Trustworthy: We earn the confidence of others by demonstrating both the character and the
competence to fulfill our obligations with both integrity and honesty along with ethical, credible
behavior.
Relational: We establish trust, cooperation, mutual respect, and support with an objective to
improve relationships by valuing diversity and being diplomatic/tactful, cooperative, empathetic,
broadminded, flexible, respectful and compassionate/caring.
City of Coppell Human Resour ces Page 3
Communication: We exchange information and ideas in a manner which results in mutually
supported decisions for the greater good by sharing thoughts & feelings, and through
persuasiveness, assertiveness, empathic listening, conflict resolution and deliberating/debating.
Emotional Maturity: We demonstrate the ability to manage and monitor our emotions and to
assess the emotional state of others by understanding stress management, balance, and
consistency.
Development of Self & Others: We are committed to improving the knowledge, skills, personal
qualifications and performance of ourselves and others through mentoring, coaching,
counseling/discipline, delegation, and self-development.
Conceptual Competencies
Organizational Awareness: We are aware of the Organization’s structure and culture for how
we do business by understanding organizational structure, departmental impact on organization,
interdepartmental relations, organizational culture, organizational development and leadership
style.
Global Awareness: We stay informed of critical global issues and trends that may impact the
Organization by understanding international perspectives, intergovernmental relations, political
awareness, media/public relations and legal implications.
Community Awareness: We have a sense of the community’s culture and its impact on service
delivery by understanding purpose of service, citizen/stakeholder expectations, demographics
and branding.
Professional Insight: We thoroughly understand our particular professions and apply the
principles and ethics required in the professions’ service delivery by applying principles,
professional ethics and by understanding futuring/profession trends, legal implications and
resource planning.
Innovation: We successfully implement ideas that improve and/or add value to service delivery
through creative thinking, risk taking, continuous improvement and by being quality minded and
a change agent.
Critical Thinking: We actively and skillfully conceptualize, apply, analyze, synthesize, and
evaluate information to reach a sound answer or conclusion by understanding issue/problem
identification, analysis, consequences, and by balancing decision factors.
Visioning: We create the future direction of the Organization and understand the efforts and
processes needed to achieve it through strategic planning, goal setting, policy development,
mission/values and council direction.
Minimum Requirements
This position requires a Juris Doctor degree from an accredited law school with the ability to
maintain mandatory minimum continuing education requirements for Municipal Court Judges in
Texas. Must be a licensed attorney in good standing with the State Bar of Texas and have two or
more years of experience in the practice of law in this state. Additional preferred qualifications
include: seven (7) plus years of experience practicing law in the State of Texas with three (3)
years municipal court experience and three (3) years magistrate or magistrate court experience.
Prior judicial experience is also preferred.
City of Coppell Human Resour ces Page 4
Knowledge of Incode, the court’s software, is preferred as well as experience using LEADRS
(Law Enforcement Advanced DUI/DWI Reporting System) to process blood search warrants.
Proficiency with Microsoft Office Suite products such as Outlook, Word, Excel, PowerPoint and
Teams is preferred and proficiency with Zoom is preferred as well as the ability to speak more
than one language.
Other Requirements
The Alternate Judge should have advanced ability to read and understand legal documents,
orders, warrants and judgments as well as the ability to write, compose and edit legal materials,
orders, warrants judgments and other related documents.
This position also requires an in-depth knowledge of local, state and federal laws affecting a
Municipal Court of Record and other applicable court policies and procedures. Work is of the
broadest scope dealing with highly complex concepts or issues of great importance to the City.
Additionally, the Alternate Judge must have the following skills and abilities:
• Able to function well within a team environment, demonstrate a collaborative work style
and work efficiently and effectively with elected officials and other city departments
including police, fire and code compliance all while maintaining the independence and
integrity required of an unbiased judicial authority.
• Engage effectively in daily contact with city employees, police personnel, city
prosecutors, defendants, prisoners and private attorneys.
• Demonstrate analytical, organizational, oral and written communication skills in the
performance of all job functions.
• Handle multiple assignments and provide timely services.
• Work in a paper-light, electronic environment.
• Demonstrate emotional stability and a sense of fairness.
• Exhibit respect towards argumentative and hostile persons in court and in jail.
• Maintain a professional, courteous and judicial demeanor.
To successfully perform the daily tasks of this position, the employee needs to be able to: lift and
carry various objects and equipment and employ various static and dynamic postures such as
handling (gripping & grasping), fingering, turning, talking, hearing, near and far acuity, sitting,
squatting, bending, twisting, and balancing.
Working Conditions
The Alternate Municipal Court Judge reports directly to the Mayor and City Council and works
with the City Manager’s Office and Presiding Municipal Court Judge on matters related to the
efficiency, effectiveness and scheduling of the Court.
The Alternate Municipal Court Judge performs job duties indoors. Security measures are in place
due to the responsibilities performed by the court. The environment may include abrasive or
upset individuals. This position requires occasional travel for meetings and conferences.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6604
File ID: Type: Status: 2022-6604 Agenda Item Agenda Ready
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: OathFile Name:
Title:
Notes:
Sponsors: Enactment Date:
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 2022-6604
Page 1City of Coppell, Texas Printed on 11/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6602
File ID: Type: Status: 2022-6602 Agenda Item Agenda Ready
1Version: Reference: In Control: Parks and
Recreation
10/31/2022File Created:
Final Action: Moore Road BoardwalkFile Name:
Title: Consider award of a bid to Rebcon, LLC. for the construction of the Moore
Road Boardwalk Project (MRBP), in the amount of $1,952,477.31 available
through the American Recovery Plan Act; and authorizing the City Manager to
sign all necessary documents.
Notes:
Sponsors: Enactment Date:
Memo.pdf, Agreement and Bid Response.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 2022-6602
Title
Consider award of a bid to Rebcon, LLC. for the construction of the Moore Road Boardwalk
Project (MRBP), in the amount of $1,952,477.31 available through the American Recovery Plan
Act; and authorizing the City Manager to sign all necessary documents.
Summary
See attached memo.
Fiscal Impact:
The fiscal impact of this agenda item is $1,952,477.31 and funding is available through the
American Recovery Plan Act (ARPA).
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 11/4/2022
Master Continued (2022-6602)
The Parks and Recreation Department recommends approval of this item.
Strategic Pillar Icon:
Implement Innovative Transportation Networks
Page 2City of Coppell, Texas Printed on 11/4/2022
MEMORANDUM
To: Mayor and City Council
From: Adam Richter, Assistant Director of Parks and Recreation
Via: Jessica Carpenter, Director of Parks and Recreation
Date: November 8, 2022
Reference: Consider award of a bid to Rebcon, LLC. for the construction of the Moore Road
Boardwalk Project (MRBP) in the amount of $1,952,477.31 as budgeted through
the American Rescue Plan Act (ARPA) fund and authorizing the City Manager to
sign all necessary documents.
2040: Implement Innovative Transportation Networks
Introduction:
The purpose of this agenda item is to award a bid to Rebcon, LLC for the construction of the Moore
Road Boardwalk Project (MRBP). On October 25, 2022, staff provided an update to City Council
on this project. During this update, City Council provided staff direction to utilize ARPA funds
for the total project cost.
Background:
Moore Road Park, which is located in a flood plain, is prone to rising water levels during large
rain events. Approximately ten years ago, the City was forced to remove the former wooden
boardwalk that existed in the park due to too many large rain events over the years. Shortly
thereafter, the citizens of Coppell presented strong community input and urged city leaders to make
bringing a new and improved boardwalk to the park a top priority.
In January of 2019, a contract was executed between the City of Coppell and Halff & Associates
for the MRBP that included a design of an elevated boardwalk that could be engineered to
withstand large flooding events. In July of 2019, Halff & Associates presented the City with a
preliminary finding report that provided details on boardwalk alignments as well as a preliminary
cost estimate of $1.03M. At the beginning of 2020, the boardwalk project was put on hold while
the City evaluated the impact of the proposed rules that would change how sales taxes were
collected in Texas.
In January of 2021, City Council provided direction to move forward with the design phase for the
MRBP. During the site survey element of the design, erosion concerns were identified along the
south shoreline of the pond at the park. At the time, estimates for the erosion work was $160,000,
which was to be funded via ARP, bringing the ARP allocation for MRBP to $1.260M.
In 2022, the design phase was completed for both the boardwalk and the erosion projects, and the
City bid both components out as one bid advertisement. One bid, in the amount of $1,952,477.31,
was submitted by Rebcon, LLC. The cost drivers pushing this project over the original construction
estimate are directly related to the market and the rising costs for supplies and materials. This
situation has surfaced on other City projects and staff have sought more information from various
vendors and contractors. The current market is inflationary, with rising costs for fuel, steel,
concrete, and labor. Fifty-five percent of the Rebcon, LLC bid cost rests in two bid items: installing
the 486’ of concrete boardwalk and drilling 66 piers at depths that range from 20’ – 40’. An
additional $300,000 of the bid is directly related to the Public Works’ erosion control component.
It shall be noted that this bid cost is taking into consideration worst case scenario, and it is possible
that if the piers do not need to be driven down to a depth of 40’ this could result in savings for the
City. Throughout the entire project the City has continuously looked for ways to help with cost
savings. In addition to combining the MRBP and the erosion control components, th e City also
combined all three of its elevated boardwalk projects (Asbury Manor, Magnolia, Moore Road) into
one design process with Halff & Associates.
Once the bid is awarded, construction is expected to begin in February of 2023. The project is
anticipated to take 8-10 months to complete.
Benefit to the Community: This project will improve the City’s parks and trail system at Moore
Road Park, promoting health and wellness, and satisfying a community desire for replacement of
this boardwalk.
Legal Review:
City Attorney has reviewed the bid.
Fiscal Impact:
The fiscal impact of this agenda item is $1,952,477.31 and funding is available through the
American Recovery Plan Act (ARPA).
Recommendation:
The Parks and Recreation Department recommends approval of this item.
Construction Services Agreement: TM 132214
City of Coppell [Moore Road Park Boardwalk and Storm Improvements] Page 1
CONSTRUCTION SERVICES AGREEMENT
[Moore Road Park Boardwalk and Storm Improvements Project No. PA19-05]
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the
Effective Date by and between Rebcon, LLC, hereinafter called "CONTRACTOR", and the City
of Coppell, Texas, hereinafter called "CITY".
RECITALS
WHEREAS, CITY desires CONTRACTOR to perform certain work and services set forth
in Section 1, Scope of Services and
WHEREAS, CONTRACTOR has expressed a willingness to perform said work and
services, hereinafter referred to only as "services", specified in the Contract Documents, and
enumerated under Section 1, of this Agreement;
NOW, THEREFORE, for and in consideration of the covenants and promises made one
to the other herein, CITY and CONTRACTOR agree as follows:
Section 1. Scope of Services
Upon issuance of a written Notice to Proceed by CITY, CONTRACTOR agrees to provide
to CITY the necessary professional services, labor, equipment and supplies related to waste water
and paving work to be performed a in conjunction with the Moore Road Park Boardwalk and Storm
Improvements Project No. PA19-05 (“the Project”), such services being more fully described
herein and pursuant to the specifications provided in the Contract Documents.
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective
Date”) and shall continue until CONTRACTOR completes the services required herein to the
satisfaction of CITY and has been paid in full by City, unless sooner terminated as provided in
Section 9, below.
Section 3. Contract Documents
A. This Agreement is a part of the Contract Documents, which include:
1) This Agreement, including all exhibits and addenda hereto;
2) CITY’S Specifications and Contract Documents for the Project (“Bid
Packet”);
3) CITY’S written notice(s) to proceed to the CONTRACTOR;
4) Properly authorized change orders;
5) CONTRACTOR’s Bid Proposal (“Proposal” and/or “Response”); and
6) Any other materials distributed by the CITY that relate to the Project.
7) Performance Bond, as Exhibit “A”
8) Payment Bond, as Exhibit “B”
9) Maintenance Bond, as Exhibit “C”
10) Bid response, as Exhibit “D”
Construction Services Agreement: TM 132214
City of Coppell [Moore Road Park Boardwalk and Storm Improvements] Page 2
Section 4. Contractor Obligations
A. CONTRACTOR shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should CITY require additional services not
included under this Agreement, CONTRACTOR shall make reasonable effort to provide such
additional services at mutually agreed charges or rates, and within the time schedule prescribed by
CITY; and without decreasing the effectiveness of the performance of services required under this
Agreement.
B. To the extent reasonably necessary for CONTRACTOR to perform the services
under this Agreement, CONTRACTOR shall be authorized to engage the services of any agents,
assistants, persons, or corporations that CONTRACTOR may deem proper to aid or assist in the
performance of the services under this Agreement with the prior written approval of CITY. The
cost of such personnel and assistance shall be a reimbursable expense to CONTRACTOR only if
authorized in writing in advance by CITY.
C. Unless otherwise agreed, CONTRACTOR shall provide and pay for all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light,
power, fuel, transportation and all other facilities necessary for the execution and completion of
the work covered by the Scope of Services. Unless otherwise specified, all materials shall be new
and both workmanship and materials shall be of a good quality. CONTRACTOR shall, if required,
furnish satisfactory evidence as to the kind and quality of materials. Materials or work described
in words that so applied have well known, technical or trade meaning shall be held to refer to such
recognized standards.
D. CONTRACTOR shall comply with all laws, ordinances, rules and regulations
governing CONTRACTOR's performance of this Agreement.
E. All minor details of the work not specifically mentioned in the Scope of Services
or Project Drawings but obviously necessary for the proper completion of the work, such as the
proper connection of new work to old, shall be considered as incidental to and a part of the work
for which the prices are set forth in this Agreement. CONTRACTOR will not be entitled to any
additional compensation therefor unless specifically stated otherwise. Otherwise the term "extra
work" as used in this Agreement shall be understood to mean and include all work that may be
required by CITY to be done by CONTRACTOR to accomplish any alteration or addition to the
work as shown on the Project Drawings. It is agreed that CONTRACTOR shall perform all extra
work under the direction of the City's Representative when presented with a written work order
signed by the City's Representative, subject, however, to the right of CONTRACTOR to require
written confirmation of such extra work order by CITY. Payment for extra work shall be as agreed
in the work order.
F. CONTRACTOR agrees to indemnify, defend, and save CITY harmless from all
claims growing out of any demands of subcontractors, laborers, workmen, mechanics,
materialmen, and suppliers of machinery and parts thereof, equipment, power tools, all supplies
incurred in the furtherance of the performance of this Agreement. When CITY requests,
CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived.
Construction Services Agreement: TM 132214
City of Coppell [Moore Road Park Boardwalk and Storm Improvements] Page 3
Section 5. Payment
A. CITY agrees to pay CONTRACTOR for all services authorized in writing and
properly performed by CONTRACTOR in a total amount not to exceed ONE MILLION NINE
HUNDRED FIFTY-TWO THOUSAND FOUR HUNDRED SEVENTY-SEVEN AND 31/100
DOLLARS ($1,952,477.31) (“Contract Price”), subject to additions or deletions for changes or
extras agreed upon in writing. Unless otherwise provided herein, payment to 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, and the rates
charged for such services, in a form reasonably acceptable to CITY. CITY shall pay such monthly
statements within thirty (30) days after receipt and CITY verification of the services.
B. CITY may deduct from any amounts due or to become due to CONTRACTOR any
sum or sums owing by CONTRACTOR to CITY. In the event of any breach by CONTRACTOR
of any provision or obligation of this Agreement, or in the event of the assertion by other parties
of any claim or lien against CITY, or the CITY'S premises, arising out of CONTRACTOR's
performance of this Agreement, CITY shall have the right to retain out of any payments due or to
become due to CONTRACTOR an amount sufficient to completely protect the CITY from any
and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily
remedied or adjusted by CONTRACTOR.
C. CITY may, on account of subsequently discovered evidence, withhold the whole
or part of any payment to such extent as may be necessary to protect itself from loss on account
of:
(1) Defective work not remedied;
(2) Claims filed or reasonable evidence indicating possible filing of claims;
(3) Failure of CONTRACTOR to make payments promptly to subcontractors
or for material or labor which CITY may pay as an agent for the CONTRACTOR; or
(4) Damages to another contractor or subcontractor.
When the above grounds are removed, or CONTRACTOR provides a surety bond satisfactory to
CITY which will protect CITY in the amount withheld because of said grounds, CITY will release
the amounts withheld.
Section 6. Responsibilities
A. CONTRACTOR shall be responsible for the professional quality, technical
accuracy, and the coordination of all materials, construction, installation and other services
furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional
compensation, correct or revise any errors or deficiencies in the installation and construction of
the Project components to conform as shown in the Project drawings and specifications.
Construction Services Agreement: TM 132214
City of Coppell [Moore Road Park Boardwalk and Storm Improvements] Page 4
B. Neither CITY's review, approval or acceptance of, nor payment for any of the
services required under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this Agreement,
and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all
damages to CITY caused by CONTRACTOR's negligent performance of any of the services
furnished under this Agreement.
C. The rights and remedies of CITY under this Agreement are as provided by law.
Section 7. Time for Performance
A. CONTRACTOR shall perform all services as provided for under this Agreement in
a proper, efficient, timely, and professional manner in accordance with CITY'S requirements 210
calendar days after Notice to Proceed.
B. In the event CONTRACTOR's performance of this Agreement is delayed or
interfered with by acts of the CITY or others, CONTRACTOR may request an extension of time
for the performance of same as hereinafter provided, but shall not be entitled to any increase in fee
or price, or to damages or additional compensation as a consequence of such delays.
C. No allowance of any extension of time, for any cause whatever, shall be claimed or
made to CONTRACTOR, unless CONTRACTOR shall have made written request upon CITY for
such extension within forty-eight (48) hours after the cause for such extension occurred, and unless
CITY and CONTRACTOR have agreed in writing upon the allowance of additional time to be
made.
D. Liquidated Damages. CONTRACTOR understands and agrees that time is of the
essence of this contract, and that for each day of delay beyond the number of calendar days herein
agreed upon for the completion of the work herein specified and contracted for (after due
allowance for such extension of time as may otherwise be provided for extension of time herein),
the Owner may withhold permanently from the Contract Price an amount equal to $500.00 per
day.
E. Abandonment by Contractor. In case CONTRACTOR should abandon and fail or
refuse to resume work within ten (10) days after written notification from the City, or if
CONTRACTOR fails to comply with the orders of the CITY, when such orders are consistent with
the Contract Documents, then, and in that case, where performance and payment bonds exist, the
Sureties on these bonds may be notified in writing by CITY and directed to complete the work (at
CITY’S sole discretion), and a copy of said notice shall be delivered to CONTRACTOR. After
receiving said notice of abandonment, CONTRACTOR shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any
materials and equipment under contract for the work, may be held for use on the work by the CITY
or the Surety on the performance bond, or another contractor in completion of the work; and
CONTRACTOR shall not receive any rental or credit therefor, it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected
in the final settlement. Nothing in this section shall be deemed a waiver of any remedy available
to the CITY under this Agreement and the CITY shall retain all remedies upon default provided
in Section 14 herein.
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(1) In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, written ten (10) days after service f such
notice, then the CITY may provide for completion of the work in either of the
following elective manners:
a. The CITY may employ such force of labor and use such machinery,
equipment, tools, materials and supplies as said CITY may deem
necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said
CONTRACTOR, and expense so charged shall be deducted and paid by
the CITY out of such moneys as may be due, or that may thereafter at any
time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the
difference. In case such expense is greater than the sum which would
have been payable under this contract, if the same had been completed by
said CONTRACTOR, then the CONTRACTOR and/or its Surety shall
pay the amount of such excess to the CITY; or
b. The CITY under sealed bids, when and in the manner required by law,
may let the contract for the completion of the work under substantially the
same terms and conditions which are provided in this Agreement. In the
case of any increase in cost to the CITY under the new contract as
compared to what would have been the cost under this Agreement, such
increase shall be charged to the CONTRACTOR and the Surety shall be
and remain bound therefor. However, should the cost to complete any
such new contract prove to be less than what would have been the cost to
complete under this Agreement, the CONTRACTOR and/his Surety shall
be credited therewith.
Section 8. Ownership of Project; Bill of Sale
A. CONTRACTOR warrants that title to all work, including all equipment and
materials incorporated into the Project, will pass to CITY no later than the time of final payment.
CONTRACTOR further warrants that upon payment by CITY, all Work for which payments have
been received from CITY shall be free and clear of liens, claims, security interests or other
encumbrances in favor of CONTRACTOR or any other person or entity whatsoever.
B. CONTRACTOR agrees to assign to CITY at the time of completion of the Scope
of Services all manufacturer’s warranties relating to equipment, materials and labor used in the
Project and further agrees to perform the Project in such manner to preserve all manufacturer’s
warranties. If necessary as a matter of law, CONTRACTOR may retain the right to enforce
directly any such manufacturers’ warranties during the one year period following the date of
acceptance of the Project by City.
Section 9. Termination
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A. CITY may suspend or terminate this Agreement for cause or without cause at any
time by giving written notice to CONTRACTOR. In the event suspension or termination is without
cause, payment to CONTRACTOR, in accordance with the terms of this Agreement, will be made
based on services reasonably determined by CITY to be satisfactorily performed to the date of
suspension or termination. Such payment will be due upon delivery of all instruments of service
to CITY.
B. If CITY requires a modification of this Agreement with CONTRACTOR, and in
the event CITY and CONTRACTOR fail to agree upon a modification to this Agreement, CITY
shall have the option of terminating this Agreement and CONTRACTOR's services hereunder at
no additional cost other than the payment to CONTRACTOR, in accordance with the terms of this
Agreement, for the services reasonably determined by CITY to be properly performed by
CONTRACTOR prior to such termination date.
Section 10. 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 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 for injury to persons (including death),
and for property damage; (ii) 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 $500,000.00 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 services under this Agreement with policy limit of not less
than $500,000.00.
B. All insurance and certificate(s) of insurance shall contain the following provisions:
(1) name CITY, its officers, and employees as additional insureds as to all applicable coverage
with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days
prior written notice to CITY for cancellation or non-renewal of the insurance; (3) 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. Contractor shall provide written
notice to CITY of any material change of or to the insurance required herein.
C. All insurance companies providing the required insurance shall be authorized to
transact business in Texas and rated at least “A” by AM Best or other equivalent rating service.
D. A certificate of insurance evidencing the required insurance and all endorsements
shall be submitted prior to commencement of services.
Section 11. Indemnification.
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
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HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS 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 INDEMNIFY AND SAVE HARMLESS
CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,
SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES
AND COSTS OF INVESTIGATION) 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 NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT
OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES,
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 AND/OR ITS
OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES,
CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS
DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION).
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.
Section 12. Assignment
CONTRACTOR shall not assign or sublet this Agreement, or any part thereof, without the
prior written consent of CITY.
Section 13. Applicable Laws
CONTRACTOR shall comply with all Federal, State, County and Municipal laws,
ordinances, regulations, safety orders, resolutions and building codes relating or applicable to
services to be performed under this Agreement. The laws of the State of Texas shall govern this
Agreement; and venue for any action concerning this Agreement shall be in the State District Court
of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction
of said court
Section 14. Default of CONTRACTOR
In the event CONTRACTOR fails to comply or becomes disabled and unable to comply
with the provisions of this Agreement as to the quality or character of the service or time of
performance, and the failure is not corrected within ten (10) days after written notice by CITY to
CONTRACTOR, CITY may, at its sole discretion without prejudice to any other right or remedy:
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A. Terminate this Agreement and be relieved of the payment of any further
consideration to CONTRACTOR except for all work determined by CITY to be satisfactorily
completed prior to termination. Payment for work satisfactorily completed shall be for actual
costs, including reasonable salaries and travel expenses of CONTRACTOR to and from meetings
called by CITY at which CONTRACTOR is required to attend, but shall not include any loss of
profit of CONTRACTOR. In the event, of such termination, CITY may proceed to complete the
services in any manner deemed proper by CITY, either by the use of its own forces or by
resubletting to others.
B. CITY may, without terminating this Agreement or taking over the services, furnish
the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the
expense of CONTRACTOR.
Section 15. Adjustments in Services
No claims for extra services, additional services or changes in the services will be made by
CONTRACTOR without a written agreement with CITY prior to the performance of such services.
Section 16. Execution Becomes Effective
This Agreement will be effective upon signing of the Agreement by authorized
representatives of CONTRACTOR and CITY.
Section 17. Agreement Amendments
This Agreement contains the entire understanding of the parties with respect to the subject
matter hereof and there are no oral understandings, statements or stipulations bearing upon the
meaning or effect of this Agreement which have not been incorporated herein. This Agreement
may only be modified, amended, supplemented or waived by a written instrument executed by the
parties except as may be otherwise provided therein.
Section 18. 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.
Section 19. Independent Contractor.
In satisfying the conditions of and providing the services under this Agreement,
CONTRACTOR is acting independently, and CITY assumes no responsibility or liabilities to any
third party in connection with CONTRACTOR’s 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 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. There is no intended third-party beneficiary to
this Agreement.
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Section 20. Right-Of-Access.
CITY will obtain and/or furnish right-of-access on any project site for CONTRACTOR to
perform any required studies, surveys, tests or other necessary investigations in relation to the
Scope of Services. CONTRACTOR will take reasonable precautions to minimize dam age to the
personal or real property in the performance of such surveys, tests, studies and investigations.
Section 21. Notice.
Any notice required or permitted to be delivered hereunder may be sent by first class mail,
overnight courier or by confirmed telefax or facsimile to the address specified below, or to such
other party or address as either party may designate in writing, and shall be deemed received three
(3) days after delivery set forth herein:
If to CITY:
(Mailing address)
Director of Parks and Recreation
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
P.O. Box 9478
Coppell, TX 75019
With copy to:
Robert E. Hager
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
500 North Akard, Suite 1800
Dallas, Texas 75201
If to CONTRACTOR: ________________
REBCON, LLC
1868 W. Northwest Hwy
Dallas, Texas 75220
Section 22. 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
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City of Coppell [Moore Road Park Boardwalk and Storm Improvements] Page 10
constitute one and the same instrument. Each counterpart may consist of any number of copies
hereof each signed by less than all, but together signed by all of the parties hereto.
Section 23. Exhibits.
The exhibits attached hereto are incorporated herein and made a part hereof for all
purposes.
Section 24. Survival of Obligations.
Any of the representations and obligations of the parties, as well as any rights and benefits
of the parties pertaining to a period of time following the termination of this Agreement shall
survive termination.
Section 25. Sales and Use Taxes
CONTRACTOR understands and acknowledges that CITY is a governmental entity and
exempt from the payment of sales and use taxes for certain materials and equipment conveyed to
City as part of this Project or otherwise incorporated into the Project. CITY agrees to provide
CONTRACTOR such documentation as may otherwise be required by state law to allow
CONTRACTOR to avoid payment of sales and uses taxes for materials and equipment with respect
to the Project to the extent allowed by law.
(Signature page to follow)
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AGREED AND SIGNED this _______ day of November, 2022.
OWNER: ENGINEER:
City of Coppell, Texas Rebcon, LLC.
By:
__________________________
By:
______________________________
Mike Land,
City Manager
By: __________________________
Date:___________________________
ATTEST:
Date:______________________________
______________________________
Ashley Owens, City Secretary
APPROVED AS TO FORM:
______________________________
Robert E. Hager, City Attorney
Exhibit A: Performance Bond
EXHIBIT A
PERFORMANCE BOND
THE STATE OF TEXAS §
§
THE COUNTY OF DALLAS §
KNOW ALL MEN BY THESE
PRESENTS:
THAT WE, ___________________________________, as Principal (“Contractor”) and the other
subscriber hereto _____________________________________, as Surety, do hereby acknowledge
ourselves to be held and firmly bound to the City of Coppell, Texas (“City”), in the sum of
_______________ Dollars ($__________) Contractor and Surety do bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS, Principal has entered into a certain Contractor Agreement (“Contract”) for
the Moore Road Park Boardwalk and Storm Improvements Project No. PA19-05
(“Project”) with the City of Coppell, Texas, dated the _____ day of _______________,
2022 regarding waste water construction and paving work to be performed in Coppell,
Texas (the “Project”); said Contract is hereby referred to and made a part hereof as fully
and to the same extent as if copied at length herein.
NOW THEREFORE, if the said Contractor shall faithfully and strictly perform its Work pursuant
to the Agreement’s terms, provisions, and stipulations in accordance with its true meaning and effect,
and in accordance with the Agreement Documents referred to therein and shall comply strictly with
each and every provision of the Contract, including all warranties and indemnities therein and with
this bond, then this obligation shall become null and void and shall have no further force and effect;
otherwise the same is to remain in full force and effect.
It is further understood and agreed that the Surety does hereby relieve City or its representatives
from the exercise of any diligence whatever in securing compliance on the part of the Contractor
with the terms of the Contract, including the making of payments thereunder and, having fully
considered Contractor’s competence to perform the Contract in the underwriting of this Performance
Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the
performance of the Contract and agrees that it, the Surety, shall be bound to take notice of and shall
be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the
Contract. The Surety understands and agrees that the provision in the Contract that City shall retain
certain amounts due the Contractor until the expiration of thirty (30) days from the acceptance of
the Work is intended for City’s benefit, and City shall have the right to pay or withhold such retained
amounts or any other amount owing under the Contract without changing or affecting the liability
of the Surety hereon in any degree.
It is further expressly agreed by Surety that City or its representatives are at liberty at any time,
without notice to the Surety, to make any change in the Agreement Documents and in the Work to
Exhibit A: Performance Bond
be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make
any change in, addition to, or deduction from the work to be done thereunder; and that such changes,
if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety
therefrom.
It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and
hold harmless City from any liability, loss, cost, expense, or damage arising out of or in connection
with the work done by the Contractor under the Contract. In the event that City shall bring any suit
or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to
pay to City the actual amounts of attorneys’ fees incurred by City in connection with such suit.
This bond and all obligations created hereunder shall be performable in Dallas County, Texas.
Notices required or permitted hereunder shall be in writing and shall be deemed delivered when
actually received or, if earlier, on the third day following deposit in a United State Postal Service
post office or receptacle, with proper postage affixed (certified mail, return receipt requested),
addressed to the respective other party at the address prescribed in the Contract, or at such other
address as the receiving party may hereafter prescribe by written notice to the sending party.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of_______ , 2022.
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
Exhibit B: Payment Bond
EXHIBIT B
PAYMENT BOND
THE STATE OF TEXAS §
§
THE COUNTY OF DALLAS §
KNOW ALL MEN BY THESE
PRESENTS:
THAT WE, ____________________________________, as Contractor, hereinafter called
“Principal” and the other subscriber hereto _____________________________________, a
corporation organized and existing under the laws of the State of ______________, licensed to
business in the State of Texas and admitted to write bonds, as Surety, herein after called “Surety”,
do hereby acknowledge ourselves to be held and firmly bound to the City of Coppell, Texas, a Texas
home-rule municipality, in the sum of _______________ Dollars ($__________) for payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns jointly and severally.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS, Principal has entered into a certain Contractor Agreement (“Contract”) for
the Moore Road Park Boardwalk and Storm Improvements Project No. PA19-05
(“Project”) with the City of Coppell, Texas, dated the _____ day of _______________,
2022 regarding waste water construction and paving work to be performed in Coppell,
Texas (the “Project”); said Contract is hereby referred to and made a part hereof as fully
and to the same extent as if copied at length herein.
NOW THEREFORE, the condition of this obligation is such, that the Bond guarantees the prompt
payment and satisfaction of all bills, invoices and statements, including those for usual extras, together
with protection of all claims of claimants supplying labor and material end the prosecution of the work
provided for in said contract end for the use of each claimant. Should the Principal faithfully perform
said contract and in all respects duly and faithfully observe and perform, all and singular the covenants,
conditions, end agreements in and by said contract agreed to by the Principal and according to the true
intent and meaning of said contract and the claims and specifications hereto annexed, then this
obligation shall be void; otherwise, this obligation shall remain in full force and effect
This Bond is executed pursuant to the provisions of Section 2253.021 of the Texas Government Code,
as amended, for a public work contracts, and Section 53.201 of the Property Code, and all liabilities on
this Bond shall be subject to and in accordance with the provisions of said Articles to the same extent as
if they were fully copied at length herein.
Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the
amount of any change order or supplemental agreement which increases the contract price with or
without notice to the Surety and that no change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans, specifications, or drawings
Exhibit B: Payment Bond
accompanying the same shall many way affect its obligation of this Bond, and it does hereby waive
notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the
work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of_ , 2022.
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
Exhibit C: Maintenance Bond
EXHIBIT C
MAINTENANCE BOND
THE STATE OF TEXAS §
§
THE COUNTY OF DALLAS §
KNOW ALL MEN BY THESE
PRESENTS:
THAT ___________________, whose address is , as PRINCIPAL, and
____________________ whose address is a CORPORATION organized and
existing under the laws of the State of Texas, and fully authorized to transact business in the
State of Texas, as Sureties, do hereby expressly acknowledge ourselves to be held and bound to
pay unto City of Coppell, Texas, hereinafter called CITY, the sum of ($ )
which is one hundred per cent (100%) of the Contract Price of the Contract defined herein, in lawful
money of the United States, for the payment of which sum will and truly to be made unto said City
of Coppell, and its successors, said PRINCIPAL AND SURETIES do hereby bind ourselves, our
heirs, executors, administrators, their assigns and successors, jointly and severally, firmly by these
presents. This bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall a Change Order
or Supplemental Agreement which reduces the Contract Price decrease the sum of this Bond.
WHEREAS, Principal has entered into a certain Contractor Agreement (“Contract”) for the Moore
Road Park Boardwalk and Storm Improvements Project No. PA19 -05 with the City of Coppell,
Texas, dated the _____ day of _______________, 2022 (the “Project”); said Contract is hereby
referred to and made a part hereof as fully and to the same extent as if copied at length herein.
WHEREAS, said Contract was entered into pursuant to the requirements of the CITY, and
WHEREAS, in said Contract, CONTRACTOR binds itself to use of materials and methods of
construction such that all improvements including but not limited to the completed Project will be
initially completed free of perceptible defects and will remain in good repair and condition and free
of perceptible defects for and during the period of two (2) years after the date of acceptance of the
completed work and/or improvements by the CITY, and
WHEREAS, said CONTRACTOR binds itself to construct said improvements in such a manner
and obtain inspection approvals in proper sequence as are required to obtain acceptance by the
CITY and to repair or reconstruct the said improvements in whole or in part at any time within
said two (2) years period to such an extent as the CITY deems necessary to properly correct all
defects except those which have been caused by circumstances and conditions occurring after the
time of construction over which the CONTRACTOR had no control and which are other than
those arising from defect of construction by the CONTRACTOR; and,
Exhibit C: Maintenance Bond
WHEREAS, after the acceptance of the improvements by the CITY, said CONTRACTOR binds
itself, upon receiving notice from the CITY of the need thereof to repair or reconstruct said
improvements and if the CONTRACTOR fails to make the necessary corrections, within ten (10)
days after being notified, the CITY may do or have done all said corrective work and shall have
recovery hereon for all expenses thereby incurred.
WHEREAS, under the Contract Documents it is provided that the CONTRACTOR will maintain
and keep in good repair the work herein contracted to be done and performed for a period of two
(2) years from the date of acceptance; it being understood that the purpose of this section is to
cover all defective conditions arising by reason of defective material, work, or labor performed
by said CONTRACTOR; and in case the said CONTRACTOR shall fail to do so, within ten (10)
days after being notified, it is agreed that the CITY may do said work and supply such materials,
and charge to same against the said CONTRACTOR, AND SURETIES, on this obligation, and
said CONTRACTOR AND SURETIES hereon shall be subject to the liquidated damages
mentioned in said contract.
NOW THEREFORE, if the said CONTRACTOR, shall keep and perform its said agreement to
maintain said work and keep the same in repair for the said maintenance period of two (2) years, as
provided, then these presents shall be null and void, and have no further effect, but if default shall
be made by the said CONTRACTOR in the performance of his contract to so maintain and repair
said work, then these presents shall have full force and effect, and said CITY shall have and
recover from said CONTRACTOR and SURETIES damages in the premises, as provided, and it
is further agreed that this obligation shall be a continuing one against the PRINCIPAL and
SURETIES hereon, and that successive recoveries may he had thereon for successive breaches
until the full amount shall have been exhausted; and it is further understood that the obligation
herein to maintain said work shall continue throughout said maintenance period, and the same
shall not be changed, diminished, or in any manner - affected from any cause during said time.
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie
in Dallas County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the term of the Contract or to
the work to be performed thereunder or the specifications accompanying the same shall in
anyway affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the work or to the
Specifications.
This Bond complies with the provisions of Chapter 2253 of the Texas Government Code, and any
other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident
agent in City of Coppell to whom any requisite notices may be delivered and on whom service
of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of
the Insurance Code, Vernon's Annotated Civil Statutes of the State of TEXAS.
Exhibit C: Maintenance Bond
IN WITNESS WHEREOF, the said has caused these presents to be executed by
them; and the said has caused these presents to be executed by its ATTORNEY-IN-
FACT and the said ATTORNEY-IN-FACT has hereunto set his hand this the day of ,
2022.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of , 2022.
Principal Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
Exhibit D: BID Response
EXHIBIT D
BID RESPONSE
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
DESCRIPTION OF BID ITEMS (BOARDWALK / PLANTING)
Bid Item #B-1 Site Preparation
The provisions of NCTCOG Item 107.20 - “Protection of Work and Persons and Property”,
Item 201 - “Site Protection”, Item 203.1 - “General Site Preparation”, Item 203.6 - “Dust
Control” shall apply except as modified or clarified below:
A. This item includes all labor, equipment, and materials necessary for the
preparation of the project site for construction operations and the cleaning of the site prior
to the final acceptance of the project.
B. The Contractor may begin site preparation activities while conducting existing
utility locates in accordance with Item 7 – “Locate All Existing Utilities on Site” at their own
risk. Any damage to existing utilities or other subsurface structures not scheduled for
demolition or removal shall be repaired or replaced at the Contractors expense.
C. Removal of existing irrigation systems and appurtenances shall be subsidiary to
this bid item. Repair of said systems shall be incidental to Item VI-67 – “Irrigation Repairs
and Modifications” for information regarding the repair of impacted landscape systems.
D. The Contractor shall make a video of the entire project area prior to construction
and furnish a copy to the City on DVD format. The video should include building
structures, sidewalks, parking lots, vegetation, trees, gates, irrigation (operating), fences,
and other pertinent items that may be affected by the construction. The Contractor shall
not be permitted to begin any construction on the site until this information is furnished.
E. Where trees, plants, shrubbery, etc., are adjacent to the line of work and are not
to be removed or removed and replaced, the Contractor shall protect such trees, plants,
shrubbery, etc. If such trees, plants, shrubbery, etc. could likely be damaged by
machinery, etc., orange safety fencing with steel T-posts having a minimum height of 3'
and as approved by the City shall be utilized for protection. Hand excavation may also be
required in vicinity of trees, plants, shrubbery, etc., that are to remain. The Contractor
shall not permit machinery or employees to scrape, tear the limbs from, damage, or attach
guy cables to existing trees that are to remain in place. The Contractor shall be
responsible for all damages to adjacent trees, plants, shrubbery, etc., that are to remain,
and any such damage shall be remedied to the satisfaction of the City. Refer to Item VI-
65 – “Tree Protection” for more information.
F. The Contractor shall limit their area of work to park and City property only. If the
Contractor should need to access or work within the Kansas City Southern right of way
then the cost of any permits, easements, and/or fees shall be the responsibility of the
Contractor.
G. The Contractor shall submit a Stockpile Plan that designates locations for
temporary storage of materials. This plan is subject to approval of the City. If stock pile(s)
are located on private property, the Contractor must supply the City with a written letter
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
of permission from the property owner to include the final state of the land to be used.
Stockpiles for work in Volume I and Volume II may be at the same location.
H. The Contractor shall be responsible for the cleaning of the site in its entirety prior
to final acceptance. The cleaning shall include all elements constructed as part of this
project as well as all existing elements to remain that may have been soiled by the
construction process. The cleaning of existing elements shall include the power washing
of the existing gabion wall to remain regardless of the constructions affect.
I. If any City property that is not scheduled for removal with this project is damaged,
then the Contractor shall be responsible for the repair or replacement of said item at the
Contractors expense.
J. This item includes the removal of all trees less than 6 inches in caliper diameter
measured at 4.5 feet about ground level. If any tree removal greater than 6 inches is
necessary for the construction of the project in the Contractors opinion, then the
Contractor shall notify the City prior to removal to make a final determination. If said tree
removal is deemed necessary, then the removal shall be paid for under this item and shall
not be a basis for additional compensation.
K. Measurement for this bid item shall be per lump sum.
L. Payment for this bid item shall be paid for at the unit price bid for “Site Preparation”.
Bid Item #B-2 Aquatic Resources Relocation Plan
A. This item includes all labor, equipment, permits, fees and materials necessary for the
relocation of the aquatic life prior to the commencement of construction.
B. The Contractor shall be responsible for contracting with a biologist or fishery capable
of preparing of an Aquatic Resources Relocation Plan (ARRP) for submission to the
Texas Parks and Wildlife Department and the execution of the activities identified in
the ARRP. Additional information regarding the ARRP may be found at:
https://tpwd.texas.gov/publications/pwdpubs/media/pwd_lf_t3200_1958_arrp_guideli
nes_packet.pdf
C. Measurement for this bid item shall be lump sum.
D. Payment for this bid item shall be paid for at the unit price bid for “Aquatic Resources
Relocation Plan”. No partial payments shall be made for this bid item.
Bid Item #B-3 Removing Concrete
The provisions of NCTCOG Item 203.1 - “General Site Preparation” shall apply except as
modified or clarified below:
A. This item includes all labor, equipment, materials and incidentals required to remove
and dispose of existing concrete in accordance with plans and specifications. Existing
concrete curb removal, where present, is included in the quantity for bid item VI-32 –
“Full Depth Concrete Pavement Removal and Repair”.
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
B. This item when called for in the plans shall include saw cutting the concrete and
disposal of the material at an approved location outside of the project limits. This
surplus material shall become property of the Contractor.
C. Concrete shall be properly disposed of at an off-site location by the Contractor. The
disposal of reinforcing steel shall be considered incidental to the removal of the
concrete.
D. The Contractor shall submit a Stockpile Plan that designates locations for temporary
storage of excavated concrete. This plan is subject to approval of the City. If stock
pile(s) are located on private property, the Contractor must supply the City with a
written letter of permission from the property owner to include the final state of the
land to be used.
E. The contractor shall ensure that any appurtenances or amenities marked for salvage
located within the concrete removal limits are not damaged. Any appurtenances or
amenities marked for salvage that are damaged during the concrete removal process
shall be replaced in kind at the contractor’s expense.
F. Measurement for these bid items shall be per square yard.
G. Payment for these bid items shall be paid for at the unit price bid for “Removing
Concrete Sidewalk and Pedestrian Ramps”, “Removing Concrete Flume”, and
“Removing Concrete Pad”.
Bid Item #B-4 Concrete Paving
The provisions of NCTCOG Item 305.2 - “Concrete Sidewalks, Driveway Approaches,
and Barrier Free Ramps” shall apply except as modified or clarified below:
A. This item includes all labor, equipment, material, testing, and incidentals required for
the construction of concrete sidewalks at the locations and in accordance with notes
and details shown in the plans.
B. Connections to existing concrete and the sealing of joints shall be considered
incidental to this bid item.
C. Volumetric concrete shall not be allowed on this project.
D. Mow edges along fence lines constructed in accordance with the details contained in
the plans shall be incidental to the construction of the sidewalk and shall not be a
basis for additional pay.
E. Concrete shall be designed to meet a minimum compressive strength of 3,600 psi at
28 days.
F. Contractor is responsible for ensuring that all pedestrian improvements meet current
ADA/TAS guidelines and requirements. Removal and replacement or modification of
any pedestrian amenity constructed by the Contractor not meeting TAS/ADA
requirements and/or failing the TDLR inspection shall be done at the cost of the
Contractor.
G. Measurement for this bid item shall be per square yard.
H. Payment for this bid item shall be paid for at the unit price bid for “Concrete Paving”.
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
Bid Item #B-5 Trench Safety
The provisions of NCTCOG Item 107.20.3 - “Trench Safety” shall apply except as
modified or clarified below:
A. This item includes all labor, equipment, materials, fees, and incidentals required to
prepare and execute a trench safety plan in order to construct the proposed
improvements for the project.
B. Trench safety plan shall be signed and sealed by a licensed engineer in the State of
Texas.
C. Measurement for this bid item shall be per lump sum.
D. Payment for this bid item shall be paid for at the unit price bid for “Trench Safety”.
Bid Item #B-6 PermaTrak Boardwalk
A. This item includes all labor, equipment, materials, fees, and incidentals required to
acquire, prepare, and construct the PermaTrak Boardwalk, including (but not limited
to) treads, beams, and spacers, except as noted below:
1. This item does not include drilled shaft concrete piers, which are included in a
separate bid item.
2. This item does not include steel guardrails, which are included in a separate bid
item.
B. Provide Shop Drawings for approval prior to construction and installation.
C. Measurement for this bid item shall be per lump sum.
D. Payment for this bid item shall be paid for at the unit price bid for “PermaTrak
Boardwalk”.
Bid Item #B-7 Steel Guardrail
E. This item includes all labor, equipment, materials and incidentals required to acquire,
and install the steel guardrail at the locations and in accordance with the notes and
details shown in the plans.
F. This item includes all labor, equipment, materials, fees, and incidentals required to
prepare and construct the proposed improvements for the project.
G. Provide Shop Drawings for approval prior to construction and installation.
H. Measurement for this bid item shall be per linear foot.
I. Payment for this bid item shall be paid for at the unit price bid for “Steel Guardrail”.
Bid Item #B-8 Turfgrass (Sod)
A. This item includes all labor, equipment, materials and incidentals required to acquire,
and install soil and sod at the locations and in accordance with the notes and details
shown in the plans.
B. Contractor must establish sod by watering. Watering shall be considered incidental to
this bid item.
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
C. Measurement for this bid item shall be per square yard.
D. Payment for this bid item shall be paid for at the unit price bid for “Revegetate
Disturbed Areas - Sod”.
Bid Item #B-9 Temporary Irrigation System
A. This item includes all labor, equipment, materials, testing, and incidentals required for
the repair of and modification to existing irrigation systems within the park necessary
for the construction of any of the proposed improvements shown in the plans, and as
required to acquire and install the irrigation system improvements at the locations and
in accordance with the notes and details shown in the plans.
B. Measurement for this bid item shall be per lump sum.
C. Payment for this bid item shall be paid for at the unit price bid for “Temporary Irrigation
System”.
Bid Item #B-10 Drilled Shaft Concrete Piers for Boardwalk
A. The provisions of TXDOT Item 416 - “Drilled Shaft Foundation” shall apply except as
modified or clarified below:
B. Measurement for this bid item shall be per ea.
C. Payment for this bid item shall be paid for at the unit price bid for “Drilled Shaft
Concrete Piers for Boardwalk”.
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
DESCRIPTION OF BID ITEMS (STORM DRAIN)
Bid Item #SD-1 Hydromulch Seeding with 4-inch Topsoil
A. This item shall include furnishing and complete in place installation of topsoil and
hydromulch seeding in disturbed areas as required by construction and shall conform to
requirements of 2002 NCTCOG 4th Edition Item 202.6 Seeding Turfgrass. Unless directed
otherwise by the Engineer, hydromulch seeding shall match the species that existed prior
to construction and/or the species adjacent to the disturbed area. The placement of 4
inches of acceptable topsoil prior to seeding shall be subsidia ry to this bid item. The
Contractor will be required to water, fertilize, mow, and otherwise maintain restored areas
to establish healthy growth, even distribution of vegetation and full c overage over the
entire restored area. The Contractor shall also maintain and protect these areas from
damage and repair any damage that occurs, until completion and final acceptance. The
Contractor shall over seed the areas with winter seed mix (Ryegrass or similar) to
establish the full vegetation (no separate pay). The seed mix shall be approved by the
City prior to application. Such seed mix application rate shall be no less than 7 lbs per
1000 SF of area.
B. Acceptance will not be made until all seeded areas have reached 85% coverage
and are to the satisfaction of the Engineer.
C. Measurement and payment for work performed and materials furnished related to
furnish and installation of hydromulch seeding with 4-inch topsoil for disturbed areas
shall be on the basis of the price bid per square yard (SY) and shall be full
compensation for material, labor, equipment, tools, and incidentals necessary to
complete the work.
Bid Item #SD-2 Soil Retention Blanket
A. This work includes the complete in place construction of soil retention blanket
(SRB) at locations and limits shown in the construction plans or as determined by the
Engineer. Soil retention blanket shall be installed as per plans and details and in
accordance with TxDOT specification 169 “Soil Retention Blankets”.
B. Soil retention blankets provided shall meet all specifications for Class and Type
specified on the plans in accordance with TxDOT Item 169.
C. Measurement and payment for work performed and materials furnished related to
soil retention blanket installation shall be made on the basis of price bid per square yard
(SY) and shall be total compensation for furnishing and/or operating all labor, materials,
tools, equipment, and other incidentals necessary to complete the work.
Bid Item #SD-3 Block Sodding with 4-inch Topsoil
A. This item shall include furnishing and complete in place installation of topsoil and
sod in disturbed areas as required by construction and shall conform to requirements of
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
2002 NCTCOG 4th Edition Item 202.5 Sodding. Unless directed otherwise by the
Engineer, block sod shall match the species that existed prior to construction and/or the
species adjacent to the disturbed area. The placement of 4 inches of acceptable topsoil
prior to placing block sod shall be subsidiary to this bid item. The Contractor will be
required to water, fertilize, mow, and otherwise maintain restored areas to establish
healthy growth, even distribution of vegetation and full coverage over the entire restored
area. The Contractor shall also maintain and protect these areas from damage and repair
any damage that occurs, until completion and final acceptance. The Contractor shall over
seed the areas with winter seed mix (Ryegrass or similar) to establish the full vegetation
(no separate pay). The seed mix shall be approved by the City prior to application. Such
seed mix application rate shall be no less than 7 lbs per 1000 SF of area.
B. Acceptance will not be made until all sodded areas have reached 85% coverage
and are to the satisfaction of the Engineer.
C. Measurement and payment for work performed and materials furnished related to
furnish and installation of block sodding with 4-inch topsoil for disturbed areas shall be
on the basis of the price bid per square yard (SY) and shall be fu ll compensation for
material, labor, equipment, tools, and incidentals necessary to complete the work.
Bid Item #SD-4 Remove and Dispose of Existing Concrete Flatwork
A. This item is for sawcutting, removing, and legally recycling all concrete
including but not limited to pavement (including integral curb), alleys, flumes, sidewalk,
riprap, and curb ramps. Sawcutting for removal and to match existing grades is
subsidiary to this bid item and should be done at existing joints whenever possible.
Concrete to be removed shall be sawed full depth through the existing reinforcement
along even straight lines leaving a clean vertical side, as shown on the plans or as
established by the Engineer, in accordance with 2002 NCTCOG 4th Edition Item 402
Pavement Cut, Excavation, and Repair. Any existing improvements beyond these limits,
which are damaged or destroyed by the construction shall be re-sawed, removed, and
replaced at the Contractor’s expense. Contractor shall vacuum all saw-cut water and
dispose of it in an environmentally sound manner. The contractor may sawcut
pavement within the construction limits at his option but such sawcutting will not be
measured for payment but will be considered subsidiary to the removal of concrete.
B. Measurement and payment for c oncrete f latwork r emoval and disposal shall
be by the square foot (SF) regardless of the thickness of the concrete. The contractor’s
price for removal and legal recycling shall include all labor, equipment, hauling, disposal
cost, and incidentals necessary to complete the work to the satisfaction of the City of
Coppell.
Bid Item #SD-5 Remove and Dispose of Existing Storm Drain Pipe
A. This bid item shall consist of removal and disposal of existing 48” reinforced
concrete pipe at the locations and limits shown on the construction plans or as
determined by the Engineer in accordance with 2002 NCTCOG 4th Edition Item 203.1
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
Site Preparation.
B. Measurement and payment for work performed and materials furnished related to
the removal and disposal of existing storm drain pipe shall be on the basis of the price
bid per linear foot (LF) regardless of size, and shall be total compensation for furnishing
and/or operating all labor, materials, tools, equipment and other incidentals necessary
to complete the work.
Bid Item #SD-6 Remove and Dispose of Existing Headwall
A. This bid item shall consist of removal and disposal of existing concrete
headwalls, including wingwalls and concrete apron for specified pipe sizes at the
locations and limits shown on the construction plans or as determined by the Engineer
in accordance with 2002 NCTCOG 4th Edition Item 203.1 Site Preparation.
B. Measurement and payment for work performed and materials furnished related to
the removal and disposal of existing concrete headwalls and wingwalls shall be on the
basis of the price bid per each (EA) for the specified pipe size and shall be total
compensation for furnishing and/or operating all labor, materials, tools, equipment and
other incidentals necessary to complete the work.
Bid Item #SD-7 Unclassified Excavation
A. This work consists of all the required excavation within the limits of the right -of-
way or easement and adjacent areas to establish the proposed grade, and profile as
shown on the plans. All excavation is considered unclassified and shall b e performed in
order to construct the proposed improvements to the lines and grades shown on the
construction plans or as directed by the Engineer, in accordance with the appropriate
specifications, details and notes, including 2002 NCTCOG 4th Edition Item 203.5. All work
shall be in accordance with recommendations provided in the Geotechnical Reports.
B. The Contractor shall maintain a clean working site to minimize odors from the
excavation and excavated materials. Stockpiles of materials (especially unsuitable
siltation materials) shall be held to a minimum and removed from the site within 2 days
unless used for general fill. Unsuitable materials are defined as materials not suitable for
general site or earthwork and include but are not limited to: siltation material removed
from the bottom of the pond, material from stripped areas, and material from areas with
that were excessively wet, unstable, or soft. On-site material is suitable for use for fill on
the project if it does not meet any of the conditions of unsuitable material stated above
and is free roots, rocks, and other debris. Excess material suitable for use as fill material
or topsoil shall be placed within the areas where fill material is required for this project at
a price subsidiary to this bid item. Surplus material and material unsuitable for use as fill
shall be disposed off-site by the Contractor at a price subsidiary to this bid item.
C. Calculation of quantities was conducted using a comparison of triangular irregular
networks (tin) from existing grades to proposed with no adjustment factors for
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
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expansion/contraction. Adjustments for the over excavation required to construct the
gabion baskets and mattresses are the only such adjustments made to the tin to tin
earthwork calculations. The Payment shall be only for the lines and grades shown on the
plans and there will be no pay for any excavation the Contractor conducts outside the
lines and grades shown on the plans. Additional excavation or fill that the Contractor
deems necessary to complete the project is subsidiary to the work. The Contractor shall
be satisfied to the amount of work prior to bidding.
D. This is a “Plans Quantity” item and will not be measured unless there are revisions
to the scope of work. Payment for work performed and materials furnished related to
unclassified excavation, as provided herein, shall be made on the basis of the price bid
per cubic yard (CY) for unclassified excavation and shall be total compensation for
furnishing and/or operating all labor, materials, tools, equipment, disposal, fill placement
and other incidentals necessary to complete the work.
Bid Item #SD-8 Reinforced Concrete Flume
A. This item shall include the construction of concrete flumes at the location shown in
the construction plans or as determined by the Engineer in accordance with 2002
NCTCOG 4th Edition Item 702 Concrete Structures, and details provided in the plans.
Flume thickness shall be six inches as noted in the plans and details. Concrete for flumes
shall adhere to 2002 NCTCOG 4th Edition Item 702 Concrete Structures and shall be
minimum 3,000 psi with #3 bars at 18-inches O.C.E.W. per plan details when tested at
28 days as indicated in the plans.
B. Surfaces adjacent to flumes shall be graded to provide positive drainage.
C. Monolithic curbs shall be subsidiary to this bid item and shall not be paid
separately.
D. Anchorage joints shall be installed in each location where proposed concrete flume
is joined to existing, for the purpose of providing shear transfer. The cost of drilling holes,
grouting, and installing dowel bars as shown on the details and at the locations specified
on the plans shall be considered incidental to the unit cost of flume. Flume connection at
headwall shall be per details provided in the plans and shall be incidental to this bid item.
E. Measurement and payment for work performed and materials furnished related to
the construction of reinforced concrete flume, as provided herein, shall be made on the
basis of the price bid per square yard (SY) and shall be total compensation for furnishing
and/or operating all labor, materials, tools, equipment, and other incidentals necessary
and required to complete the work as shown in construction plans and details.
Bid Item #SD-9 Trench Safety for Storm Drain Lines
A. This item shall include the preparation and provision of a trench safety plan signed
and sealed by a Registered Professional Engineer in accordance with 2002 NCTCOG 4th
Edition Item 107 Legal Relations and Contractor Responsibilities, and OSHA regulations.
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
In addition to personnel safety, the Trench Safety Program developed by the Contractor
must provide for sheeting and shoring procedures capable of providing support of the
trenches or boring puts, giving due consideration to the proximity of existing structures
and other facilities along the proposed storm drain lines.
B. The Contractor must submit a signed and sealed Trench Safety Plan to the City
prior to beginning construction. The cost of trench dewatering, if necessary, shall be
incidental to the pond dewatering and shall not be a separate pay item.
C. Measurement and Payment for work performed and materials furnished related to
the preparation and implementation of a trench safety plan shall be on the basis of price
per linear foot (LF) and shall be full compensation for materials, labor, equipment, tools,
and incidentals necessary to complete the work. The Contractor shall be paid only for
those installations that exceed a depth of five feet.
Bid Item #SD-10 48-Inch Class III Reinforced Concrete Storm Drain
A. This item shall include the provision and installation of reinforced concrete pipe
of noted size at locations identified in the construction plans or as determined by the
Engineer in accordance with NCTCOG Item 501.6 and Item 508.3 and details provided
in the construction plans.
B. All storm drain pipe shall be Class III unless otherwise noted and all proposed
storm drain connections and fittings shall be pre-fabricated. Field connections can be
used for connections to existing lines only. Field connections shall be made subsidiary to
the unit cost of storm drain pipe and shall not be paid separately. Pipe collars shall be
installed at all pipe size and grade changes and shall be subsidiary to the unit cost of
storm drain pipe and will not be paid separately.
C. Installation shall be in accordance with standard details provided in the plans. The
cost of trench excavation, embedment, backfill, transporting pipe, jointing, concrete
collars, and temporary pavement, if necessary, is incidental to this bid item. All ditchlines
shall be mechanically tamped with the cost incidental to this Bid Item. Backfill should be
placed in 6” – 8” loose lifts and shall be compacted to 95% of the maximum dry density
as defined by ASTM D-698 (Standard Proctor). Densities shall be taken every one (1) lift
at staggered hundred feet increments.
D. This item shall include plugs, cutting and plugging existing lines, tapping, collars,
fittings, wyes, support and protecting existing utilities and connections to adjacent
structures necessary for complete installation. Pipe joints shall be sealed at no extra pay.
E. Post construction television inspection of all proposed storm drain lines is required
and is subsidiary to this bid item.
F. The cost of trench dewatering, if necessary, shall be incidental to the pond
dewatering and shall not be a separate pay item.
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
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G. Measurement and Payment for work performed and materials furnished related to
installation of 48-inch class III reinforced concrete storm drain shall be on the basis of
price per linear foot (LF) and shall be full compensation for materials, labor, equipment,
tools, and incidentals necessary to complete the work.
Bid Item #SD-11 TxDOT Flared Headwall (Modified with Structural Recommendations)
A. This item shall include the construction of reinforced concrete headwalls of noted
size and types at locations identified in the construction plans or as determined by the
Engineer in accordance with TxDOT Item 466 “Headwalls and Wingwalls” and details
provided in the construction plans.
B. Installation shall be in accordance with details provided in the plans. Surfaces
adjacent to headwall shall be graded to provide positive drainage at no additional cost.
C. This item shall also include the construction cost of any drilled shafts for the
proposed TxDOT flared headwall of noted size and location identified in the construction
plans or as determined by the Engineer in accordance with TxDOT Item 416 “Drilled Shaft
Foundations” and details provided in the construction plans.
D. The cost of trench dewatering, if necessary, shall be incidental to the pond
dewatering and shall not be a separate pay item.
E. Measurement and Payment for work performed and materials furnished related to
installation of TxDOT Flared Headwall (Modified with Structural Recommendations) shall
be on the basis of price per each (EA) for the various size and types and shall be full
compensation for materials, excavation, backfill, form work, concrete, reinforcing steel,
labor, equipment, tools, and incidentals necessary to complete the work.
Bid Item #SD-12 Concrete for CIP Pier Protection
A. This item shall include the construction of concrete protection for CIP boardwalk
piers at the location shown in the construction plans or as determined by the Engineer in
accordance with 2002 NCTCOG 4th Edition Item 702 Concrete Structures, and details
provided in the plans. Concrete for pier protection shall adhere to 2002 NCTCOG 4th
Edition Item 702 Concrete Structures and shall be class C with 3,600 psi tested at 28
days as indicated in the plans.
B. All proposed epoxy coated reinforcement and connections proposed gabion
mattress shall be subsidiary to this bid item.
C. Measurement and payment for work performed and materials furnished related to
the construction of concrete for CIP pier protection, as provided herein, shall be made on
the basis of the price bid per square yard (SY) and shall be total compensation for
furnishing and/or operating all labor, materials, tools, equipment, reinforcement, joints,
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grout, and other incidentals necessary and required to complete the work as shown in
construction plans and details.
Bid Item #SD-13 Gabion Mattress
A. This item shall include the construction of gabion mattress at specified
thicknesses at locations identified in the construction plans or as determined by the
Engineer in accordance with 2002 NCTCOG 4th Edition Item 803.2 Gabion Structures and
details provided in the construction plans.
B. All gabions shall be PVC coated and installed in accordance with details provided
in the plans and recommendations of the Geotechnical Report. Gabion ties shall be
continuous wire looped tightly around every other mesh opening, alternating single and
double loops.
C. Lines, grades, and elevations shall be established at the site by a competent
surveyor or engineer employed by the Contractor.
D. Backfill and select fill as required by the plan details is consid ered subsidiary to
this bid item and will not be paid separately.
E. Geo-textile fabric (filter fabric), for use as a filter media, shall be Mirafi Filterweave
400 or 402, Carthage Mills 15% or 30%, or approved equal. The geo -textile fabric shall
be placed continuous behind the gabions with a minimum overlap of 12 -inches.
F. Measurement and Payment for work performed and materials furnished related to
installation of gabion mattress at specified thicknesses shall be on the basis of price per
square yard (SY) and shall be full compensation for materials, toe wall, labor, equipment,
tools, and incidentals necessary to complete the work as shown in the construction plans
and details.
Bid Item #SD-14 Gabion Basket
A. This item shall include the construction of gabion baskets at locations identified
in the construction plans or as determined by the Engineer in accordance with 20 02
NCTCOG 4th Edition Item 803.2 Gabion Structures and details provided in the
construction plans.
B. All gabions shall be PVC coated and installed in accordance with details provided
in the plans and recommendations of the Geotechnical Report. Gabion ties shall be
continuous wire looped tightly around every other mesh opening, alternating single and
double loops.
C. Geo-textile fabric (filter fabric), for use as a filter media, shall be ADS 6600 non -
woven geo-textile manufactured by ADS, or approved equal. The geo -textile fabric shall
be placed continuously behind the gabions with a minimum overlap of 12 -inches.
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D. Any necessary backfill and select fill as required is considered subsidiary to this
bid item and will not be paid separately.
E. Structural tie backs and tie beams as required by the details provided in the plans
shall be subsidiary to this bid item and installed per plan details.
F. Measurement and Payment for work performed and materials furnished related to
installation of gabion baskets shall be on the basis of price per cubic yard (CY) and shall
be full compensation for materials, labor, equipment, tools, and incidentals necessary to
complete the work.
Bid Item #SD-15 Erosion Control
A. This item shall consist of furnishing, installing, maintaining and removing erosion
controls throughout the duration of the project in accordance with the plans and City
standard details.
B. Construction shall meet all the requirements established by the Texas
Commission on Environmental Quality (TCEQ). The developer/applicant will prepare an
erosion control plan to minimize the transportation of soil from the site due to
stormwater runoff during the development and to control erosion as part of a stormwater
pollution prevention plan as required by the City of Coppell erosion control ordinance.
Such plans shall include current best management practices for the prevention and
control of erosion. The plan also shall include the developer/applicant's proposed
measures to deter movement of sediment onto adjacent property or street in
accordance with the provisions of the city's erosion control ordinance. This erosion
protection will be removed at the direction of the city engineer when it is no longer
necessary.
C. Under the Texas Pollution Discharge Elimination System (TPDES) general
construction permit TXR 150000, the operator with control of construction plans and
specifications (Owner) and the operator with day-to-day operational control (Contractor)
are required to obtain a permit for the discharge of storm water runoff. The Contractor
shall be required to prepare and implement a single comprehensive site-specific Storm
Water Pollution Prevention Plan (SWPPP) for the entire construction site subsidiary to
the general full project “SWPPP” bid item. This erosion control work shall also include,
but not be limited to the installation and maintenance of:
I. Rock filter dam
II. Silt fence
III. Inlet protection
IV. Any additional erosion control measures required by the City to reduce to
the maximum extent possible, the pollutants and storm water discharges
associated with the construction activity.
D. Measurement and payment for this item shall be on the basis of the price bid per
lump sum (LS) and shall be full compensation for material, labor, equipment, tools, and
Moore Road Park Boarkwalk Improvements Halff Associates, Inc., AVO 35630.002
Issued for Construction June, 2022
incidentals necessary to complete the work. This includes any necessary revisions to
the Erosion Control Plan throughout the term of construction and the installation,
sequencing, and maintenance of structural control measures throughout the duration of
construction. Payment shall be total compensation for furnishing all labor, materials
tools, and equipment necessary to complete the work. Payment shall be evenly
prorated throughout the term of construction on a monthly basis, based on the amount
bid and time bid.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6582
File ID: Type: Status: 2022-6582 Agenda Item Mayor and Council
Reports
1Version: Reference: In Control: City Council
10/17/2022File Created:
Final Action: Mayor ReportsFile Name:
Title: Report by Mayor and City Council on recent and upcoming events.
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 2022-6582
Title
Report by Mayor and City Council on recent and upcoming events.
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6599
File ID: Type: Status: 2022-6599 Agenda Item Mayor and Council
Reports
1Version: Reference: In Control: City Council
10/31/2022File Created:
Final Action: ReportsFile Name:
Title: A.Report on Dallas Regional Mobility Coalition - Councilmember Don
Carroll
B.Report on Woven Clinic - Councilmember Mark Hill
C.Report on Metrocrest Services - Councilmember Biju Mathew
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 2022-6599
Title
A.Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll
B.Report on Woven Clinic - Councilmember Mark Hill
C.Report on Metrocrest Services - Councilmember Biju Mathew
Summary
Page 1City of Coppell, Texas Printed on 11/4/2022