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CP 2022-12-13City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, December 13, 2022 WES MAYS BIJU MATHEW Mayor Mayor Pro Tem CLIFF LONG KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH JOHN JUN Place 2 Place 5 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Page 1 City of Coppell, Texas Printed on 12/9/2022 December 13, 2022City Council Meeting Agenda Consultation with City Attorney for legal advice regarding enforcement of Building and Maintenance Code for substandard buildings and structures for Riverchase Apartments. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding agenda items. B.Briefing on Legislative Session. C.Discover Coppell Campaign Update and additional funding request by the Coppell Chamber of Commerce. Memo and Strategic Plan.pdfAttachments: Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance Presentations 6.Recognition for outgoing Boards and Commissions members. 7.Citizens’ Appearance 8.Consent Agenda A.Consider approval of the Minutes: November 7, 2022, Joint Meeting; November 8, 2022; November 15, 2022, Canvass of Special Election; December 1, 2022, Special Called Meeting. CM 2022-11-07 (Joint).pdf CM 2022-11-08.pdf CM 2022-11-15 (Canvass).pdf CM 2022-12-01 (Special).pdf Attachments: B.Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas, to execute an Interlocal Agreement (ILA) with the City of Lewisville for Emergency Treated Water Supply. Memo.pdf Lewisville Interconnect ILA.pdf Resolution ILA with Lewisville.pdf Attachments: Page 2 City of Coppell, Texas Printed on 12/9/2022 December 13, 2022City Council Meeting Agenda C.Consider approval of an Interlocal Agreement (ILA) with the City of Grapevine for an Emergency Water Interconnect and Sanitary Sewer Studies; and authorizing the Mayor to sign. Memo.pdf Interlocal Agreement.pdf Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Attachments: D.Consider approval of award for the street maintenance proposal; to C&J’s Design Solutions of East Texas, LLC; utilizing the TIPS contract; in the amount of $150,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf C&J TIPS Bid.pdf Attachments: E.Consider award for approval to enter into a design contract with Parkhill in the amount of $526,136.93, for the architectural design of the City of Coppell Service Center Improvements, funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approved Reimbursement Resolution of a proposed 2023 bond sale, and authorizing the City Manager to sign all necessary documents. Memo.pdf Parkhill Proposal.pdf Attachments: F.Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute an Interlocal Agreement with Dallas County for street maintenance and improvements. Memo.pdf Resolution.pdf Master ILA.pdf Attachments: G.Consider approval to enter into professional engineering services agreement with Plummer Associates, Inc. for programming and configuration services of Supervisory Control and Data Acquisition system and Programming Logic Controls at City’s water and wastewater facilities, as budgeted through Water and Sewer undesignated retained earnings, in the amount of $108,100.00; and authorizing the City Manager to sign all necessary documents. Memo.pdf Exhibit A - Scope and Fee.pdf Professional Services Contract.pdf Attachments: Page 3 City of Coppell, Texas Printed on 12/9/2022 December 13, 2022City Council Meeting Agenda H.Consider approval to purchase five (5) pickup trucks from Caldwell Country Chevrolet through BuyBoard Purchasing Cooperative for the replacement of existing vehicles; as provided in the Capital Fleet Replacement Fund; in the amount of $323,737.20; and authorizing the City Manager to sign all necessary documents. Memo.pdf 2023 Chevrolet 2500 - 3 Vehicle Quote.pdf 2023 Chevrolet 2500 with Lift Gate - Vehicle Quote.pdf 2023 Chevrolet 2500 with Irrigation Bed - Vehicle Quote.pdf Attachments: I.Consider approval to purchase four (4) pickup trucks from Silsbee Toyota through the Interlocal Purchasing System for the replacement of existing vehicles; as provided in the Capital Fleet Replacement Fund; in the amount of $153,396.40; and authorizing the City Manager to sign any necessary documents. Memo.pdf Toyota Tacoma with Camper Top - 2 Vehicle Quote.pdf Toyota Tacoma - 3&4 Vehicle Quote.pdf Attachments: J.Consider approval of awarding a contract for the replacement and safety upgrade to the Fire Station #3 apparatus exit roll up doors; in the amount of $59,044.62; as budgeted under Standards of Cover; and authorizing the City Manager to sign any necessary documents. Memo.pdf FS3 Roll Up Door Quote.pdf Attachments: K.Consider approval of an Advanced Funding Agreement between the City of Coppell, Fire Department and Texas Department of Transportation for Incident Management Freeway Blocker Truck and authorizing the City Manager to sign any necessary documents. Memo.pdf Incident Management Freeway Blocker Agreement.pdf Attachments: L.Consider approval authorizing the purchase and installation of Life Safety Park’s Audio-Visual Equipment by AVISPL under DIR Contract DIR-CPO-5078, in the amount of $73,762.42, as budgeted; and authorizing the City Manager to sign all necessary documents. Memo.pdf AVI-SPL Proposal.pdf Attachments: Page 4 City of Coppell, Texas Printed on 12/9/2022 December 13, 2022City Council Meeting Agenda M.Consider approval authorizing to purchase onsite preventive maintenance and repair services from Stryker Medical for the Coppell Fire Department Cardiac Monitor/Defibrillators in the amount of $78,502.60 as budgeted; and authorizing the City Manager to sign all necessary documents. Memo.pdf Stryker Preventive Maintenance Contract.pdf Attachments: N.Consider approval authorizing the purchase of replacement radios for the Fire Department through a cooperative program with Houston Galveston Area Council (HGAC) in the amount of $79,864.26 as budgeted; and authorizing the City Manager to sign all necessary documents. Memo.pdf HGAC Contract Pricing Worksheet.pdf APX6000XE_Enhanced DataSheet.pdf APX8500_DataSheet.pdf Attachments: O.Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell and Rochester Sensors, LLC; and authorizing the Mayor to sign. Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: P.Consider approval of an Ordinance of The City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by amending Article 9-29, “Short-Term Rentals;” and authorizing the Mayor to sign. Memo.pdf Short Term Rental Ordinance.pdf Attachments: Q.Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Solid Waste Collection Fees per the contract with Republic, amending for the addition of a deposit for the use of the Block’n Roll Block Party and Tool Lending Trailers, and amending to remove the Mechanical Contractor Registration fee; and authorizing the Mayor to sign. Memo.pdf Resolution.pdf Attachments: Page 5 City of Coppell, Texas Printed on 12/9/2022 December 13, 2022City Council Meeting Agenda R.Consider approval of amending the City of Coppell Code of Ordinances by amending Chapter 6 “Business Regulations”, Article 6-16 “Alcohol Beverages”, Section 6-16-6 “City Facilities” by re-lettering subsection D to E and by adding a new subsection D, providing limited license for sale of alcoholic beverages by a licensed vendor during Farmers Market event; and authorizing the Mayor to sign. Memo.pdf Ordinance.pdf Attachments: S.Consider approval of an award to The Playwell Group, Inc., for the replacement of the playground safety surface in Allen Road Park, in the amount of $93,584.20 as provided for in the CRDC fund, with contract pricing through Buyboard, Contract No. 679-22, and authorizing the City Manager to sign. Memo.pdf Playground Resurface Quote.pdf Attachments: T.Consider approval of an award to Custard Construction for the west bridge deck replacement in the Andrew Brown West Park trail system, in the amount of $55,686.43 as provided for in the CRDC fund, with contract pricing through the TIPS, Contract No. 211001; and authorizing the City Manager to sign. Memo.pdf Bridge Decking Replacement Quote.pdf Attachments: U.Consider approval to enter into an agreement between the City of Coppell and Woven Health Clinic, in the amount of $250,000.00 over a two (2) year period for health services using American Rescue Plan Act (ARPA) funds; and authorizing the City Manager to sign all necessary documents. Memo.pdf Grant Agreement between Coppell and Woven Clinic.pdf Exhibit A - Woven Health Clinic ARPA Proposal.pdf Exhibit B - 2022-00292-Final-Rule.pdf Exhibit C - SLFRF-Compliance-and-Reporting-Guidance.pdf Exhibit D - Income Parameters for ARPA Grant Agreement.pdf Exhibit E - Max Income Level for Impacted Populations.pdf Attachments: V.Consider approval of accepting the resignation of Anamika Gupta from Smart City Board and appointing Nitin Vengurlekar as an Alternate member for the remainder of the unexpired term. Smart City Board Memo.pdf Resignation Email.pdf Attachments: End of Consent Agenda Page 6 City of Coppell, Texas Printed on 12/9/2022 December 13, 2022City Council Meeting Agenda 9.PUBLIC HEARING: Consider approval of a zoning change request to S-1264-C (Special Use Permit-1264-Commercial), to allow a 1,200-square-foot restaurant with approximately 16 seats and pick-up service located on 3.23 acres of land at 150 S. Denton Tap Road, Suite 111. Council Memo.pdf Staff Report.pdf 1. Site Plan.pdf 2. Parking Analysis.pdf 3. Floor Plan.pdf 4. Sign Plan (2 pages).pdf Attachments: 10.PUBLIC HEARING: Consider approval of PD--250R27-H, Main Street Old Town, a zoning change request from PD-250R8-H (Planned Development 250 Revision 8- Historic) to PD-250R27-H (Planned Development 250-Revision 27- Historic) to add this property to the conceptual Planned Development for the Old Town/Main Street Project; creating 7 additional lots (three (3) mixed-use office/residential, two (2) mixed-use retail/residential, one (1) retail building and one (1) common parking lot), on 0.946 acres of land located the southwest corner of Main Street and W. Bethel Road. Memo.pdf Staff Report.pdf Site Plan.pdf Landscape Plans.pdf Elevations Renderings Material Board.pdf Parking Analysis.pdf Historic Society Survey Sheets.pdf Attachments: 11.PUBLIC HEARING: Consideration by City Council on the removal of the buildings located at 509 W. Bethel Road, subject to Section 12-28A-10 and Section 12-28A-11 of the City of Coppell Code of Ordinances, on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road. Memo.pdf Site Plan.pdf Aerial Exhibit.pdf H District Update.pdf Attachments: 12.Consider approval of the 2023 Legislative Agenda Priorities for the upcoming 88th Legislative Session. Legislative Agenda Memo.pdf 2023 Coppell Legislative Priorities.pdf Attachments: Page 7 City of Coppell, Texas Printed on 12/9/2022 December 13, 2022City Council Meeting Agenda 13.City Manager Reports - Project Updates and Future Agendas 14.Mayor and Council Reports Report by Mayor and City Council on recent and upcoming events. 15.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A.North Central Texas Council of Governments (NCTCOG) - Councilmember Brianna Hinojosa-Smith B.North Texas Commission - Councilmember Brianna Hinojosa-Smith C.Historical Society - Councilmember Long 16.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17.Necessary Action from Executive Session 18.Adjournment ________________________ Wes Mays, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 9th day of December, 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 8 City of Coppell, Texas Printed on 12/9/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6680 File ID: Type: Status: 2022-6680 Agenda Item Executive Session 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: ES 12/13/22File 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 2022-6680 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 12/9/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6661 File ID: Type: Status: 2022-6661 Agenda Item Work Session 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: WKS 12/13/22File Name: Title: A.Discussion regarding agenda items. B.Briefing on Legislative Session. C.Discover Coppell Campaign Update and additional funding request by the Coppell Chamber of Commerce. Notes: Sponsors: Enactment Date: Memo and Strategic Plan.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 2022-6661 Title A.Discussion regarding agenda items. B.Briefing on Legislative Session. C.Discover Coppell Campaign Update and additional funding request by the Coppell Chamber of Commerce. Summary Page 1City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: December 13, 2022 Reference: Discover Coppell Campaign Update and additional funding request by the Coppell Chamber of Commerce. 2040: Sustainable City Government The Chamber of Commerce will be presenting an update to the campaign as well as discussing a proposed amendment to the existing agreement. The current agreement comes to an end January 31, 2023. The proposed extension would start in February 2023 and conclude on September 30, 2023. The initial contract began on February 1, 2022 and is in the amount of $165,000. If the City Council supports the extension of the contract, the amendment will be presented during one of the January 2023 City Council meetings. Discover Coppell Strategic Plan -2023 O B J E C T I V E S T A R G E T M A R K E T T A R G E T G E O G R A P H Y P A R A M E T E R S S T R A T E G I C P I L L A R S C H A N N E L S T R A T E G Y C H A N N E L S T R A T E G Y C H A N N E L S T R A T E G Y –On-T h e -G o F a m i l i e s C H A N N E L S T R A T E G Y –A c t i v e E n t h u s i a s t s C H A N N E L S T R A T E G Y –E m p t y N e s t e r s C H A N N E L S T R A T E G Y –C h a n n e l S t r a t e g y S E L E C T E D M E D I A C H A N N E L S M E D I A T A C T I C S M E D I A T A C T I C S -S T R E A M I N G A U D I O T R E N D S M E D I A T A C T I C S -P R O G R A M M A T I C D I S P L A Y U N I T S M E D I A T A C T I C S -P A I D S O C I A L M E D I A T A C T I C S -P R O G R A M M A T I C O U T -OF-H O M E ( O O H ) D I S C O V E R C O P P E L L B U D G E T F E B -S E P T 2 0 2 3 Paid Media $133,340.00 Audio, Display, OOH Agency Services & Creative Production $66,660.00 Refreshing creative, creating ads for new tactics such as video ads, photoshoot, etc Contractor Management -12% $24,000.00 (includes oversight/management of production agency & website/social media management and staff interaction with local corporations to promote using Coppell when scheduling conferences) Total Expenses $224,000.00 APPENDIX T R A V E L E R S E G M E N T S C U S T O M E R J O U R N E Y F U N N E L S P E C I A L I Z A T I O N Funding Committee Meets with Belmont Feb 2022 Community Survey Mar -Apr 2022 Survey reviewed Markets Determined. Brand Development Begins May 2022 Brand Development Jun-Jul 2022 Aug 2022 Website/Social Media Development Begins Photography 2023 Strategic Plan Developed Sep 2022 Website/Social Media sites Launch Ads and Audio Developed Oct 2022 Campaign Launch Nov 2022 Discover Coppell Timeline •Version 1 runs on entertainment environments such as bars, casual dining, hotels, movie theaters, QSR, recreation, sports entertainment Advertising has been designed to drive traffic to the Discover Coppell Website and Social Media for Information and Direction. •Version 2 will run in the outdoor billboard space Advertising has been designed to drive traffic to the Discover Coppell Website and Social Media for Information and Direction. •Version 3 is running in retail environments such as convenience stores, grocery and malls Advertising has been designed to drive traffic to the Discover Coppell Website and Social Media for Information and Direction. Streaming audio plays on streaming audio platforms such as Spotify, Pandora, iHeart, etc. It is served up to people who fall within our target parameters. The audio spots are served with a companion banner DISCOVER COPPELL BUDGET 2022 Paid Media $ 77,000.00 Nov 2022 -Jan 2023 Website, Social Media development $ 18,000.00 Photoshoot & Agency Management $ 25,000.00 Agency Services & Creative Production $ 30,000.00 Community Survey, Survey Study, Brand Development, Ad Development, Audio Development, Paid Advertising Management Contractor Management -10% $ 15,000.00 (includes oversight/management of production agency & website/social media management and staff interaction with local corporations to schedule conferences) Total Expenses $ 165,000.00 DISCOVER COPPELL BUDGET FEB-SEPT 2023 Paid Media $133,340.00 Audio, Display, OOH Agency Services & Creative Production $66,660.00 Refreshing creative, creating ads for new tactics such as video ads, photoshoot, etc Contractor Management -12% $24,000.00 (includes oversight/management of production agency & website/social media management and staff interaction with local corporations to promote using Coppell when scheduling conferences) Total Expenses $224,000.00 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6662 File ID: Type: Status: 2022-6662 Agenda Item Presentations 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: outgoing B&CFile Name: Title: Recognition for outgoing Boards and Commissions members. 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 2022-6662 Title Recognition for outgoing Boards and Commissions members. Summary Page 1City of Coppell, Texas Printed on 12/9/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6667 File ID: Type: Status: 2022-6667 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: Minutes 12/13/22File Name: Title: Consider approval of the Minutes: November 7, 2022, Joint Meeting; November 8, 2022; November 15, 2022, Canvass of Special Election; December 1, 2022, Special Called Meeting. Notes: Sponsors: Enactment Date: CM 2022-11-07 (Joint).pdf, CM 2022-11-08.pdf, CM 2022-11-15 (Canvass).pdf, CM 2022-12-01 (Special).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 2022-6667 Title Consider approval of the Minutes: November 7, 2022, Joint Meeting; November 8, 2022; November 15, 2022, Canvass of Special Election; December 1, 2022, Special Called Meeting. Summary Page 1City of Coppell, Texas Printed on 12/9/2022 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 6:00 PMCoppell Arts Center, 505 Travis Street, Coppell, TX 75019Monday, November 7, 2022 Joint Meeting with City Council and CISD School Board Trustees WES MAYS BIJU MATHEW Mayor Mayor Pro Tem CLIFF LONG KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH JOHN JUN Place 2 Place 5 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Managers Vicki Chiavetta and Traci Leach, Chief of Police Danny Barton, Fire Chief Kevin Richardson, Director of Public Works Kent Collins and City Secretary Ashley Owens. The City Council of the City of Coppell and the Coppell ISD Board of Trustees met in Joint Session on Monday, November 7, 2022 at 6:00 p.m. in the Reception Hall at the Coppell Arts Center, 505 Travis Street, Coppell, Texas. Work Session (Open to the Public) Reception Hall Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum of the City Council was present and convened into the Joint Session at 6:00 p.m. Citizens’ Appearance2. CISD Board President David Caviness asked for those who signed up to speak to the CISD Board: Page 1City of Coppell, Texas November 7, 2022City Council Minutes 1) Jillian Hill, 736 Parkway Blvd, spoke in regards to Pinkerton Elementary. 3.A.Coppell ISD Strategic Design and District Highlights B.Community Based Accountability System (CBAS) C.Safety and Security Updates D.Vision 2040 Update E.Existing and upcoming construction projects Dr. Brad Hunt and multiple members of Coppell ISD staff highlighted several items at the district. Deputy City Manager Traci Leach gave an update regarding Vision 2040. Director of Public Works Kent Collins reviewed ongoing and upcoming construction projects. Adjournment4. There being no further business before this Joint Meeting, the meeting was adjourned at ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 2City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, 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 Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Managers Vicki Chiavetta and Traci Leach, City Attorney Robert Hager, City Secretary Ashley Owens, and Deputy City Secretary Sara Egan. The City Council of the City of Coppell met in Regular Session on Tuesday, November 8, 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 5:31 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.074, Texas Government Code - Personnel Matters A.Discussion regarding Alternate Municipal Judge. Section 551.071, Texas Government Code - Consultation with City Attorney. Page 1City of Coppell, Texas November 8, 2022City Council Minutes 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. Discussed under Executive Session. Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Wes Mays adjourned the Executive Session at 6:20 p.m. and convened into the Work Session at 6:22 p.m. 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. Items A-B discussed under Work Session. Item E was discussed under Consent Agenda Item B. Regular Session Mayor Wes Mays recessed the Work Session at 7:27 p.m. and convened into the Regular Session at 7:35 p.m. Invocation 7:30 p.m.4. Ms. Beth Kellner with First United Methodist Church 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 naming the week of November 7-11, 2022, as “Municipal Court Week”; and authorizing the Mayor to sign. Mayor Wes Mays read the proclamation into the record and presented the same to Municipal Court staff. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. Page 2City of Coppell, Texas November 8, 2022City Council Minutes Citizens’ Appearance7. 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) Jack Henderson, 617 Pheasant Lane, spoke in regards to an indoor pickle ball facility for seniors. Consent Agenda8. Mayor Pro Biju Mathew requested Item B to be considered separate from the Consent Agenda. A.Consider approval of the Minutes: October 25, 2022. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A, C through G, and it be approved. The motion passed by an unanimous vote. 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. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A, C through G, and it be approved. The motion passed by an unanimous vote. 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. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A, C through G, and it be approved. The motion passed by an unanimous vote. 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. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A, C through G, and it be approved. The motion passed by an unanimous vote. F.Consider approval of funding the purchase of an Outdoor Warning System (OWS), from Perry Weather, in the amount of $150,173.00. A motion was made by Councilmember Kevin Nevels, seconded by Page 3City of Coppell, Texas November 8, 2022City Council Minutes Councilmember Don Carroll, that Consent Agenda Items A, C through G, and it be approved. The motion passed by an unanimous vote. 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. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that Consent Agenda Items A, C through G, and it be approved. The motion passed by an unanimous vote. End of Consent Agenda Mayor Wes Mays recessed the Regular Session at 7:56 p.m. and convened into the Executive Session. Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Discussed under Executive Session. Mayor Wes Mays adjourned the Executive Session at 8:00 p.m. and reconvened into the Regular Session at 8:01 p.m. B.Consider approval of appointments with terms beginning January 1, 2023 to the City’s Boards and Commissions. Presentation: Ashley Owens, City Secretary made a presentation to the City Council. Mayor Pro Tem Biju Mathew would like to discuss the composition of the Coppell Recreation Development Corporation in a future meeting agenda. A motion was made by Brianna Hinojosa-Smith, seconded by Councilmember Kevin Nevels, that this Consent Item B be approved. The motion passed by an unanimous vote. 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. Presentation: Vicki Chiavetta, Deputy City Manager made a presentation to the City Council. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. 10.Swearing in of Alternate Municipal Judge. Page 4City of Coppell, Texas November 8, 2022City Council Minutes The Oath of Office will be completed at a later time. 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. Presentation: Adam Richter, Assistant Director of Parks & Recreation made a presentation to the City Council. 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. City Manager Reports - Project Updates and Future Agendas12. On South Belt Line the traffic switch has occurred and Phase 2 will begin on the north end working south. The Intersection project at Bethel School is open. It is expected to have the 121 service road back on track this week. The City is still waiting on Oncor to move the electric meter. Mockingbird, Falcon, Dividend panel replacement is complete. Moore & Sandy Lake panel replacement is ongoing. Denton Creek grade control structure construction is scheduled to start during the week of November 21st. Schedule is fluid based on creek conditions and releases from Lake Grapevine, but completion is expected first quarter of 2023. Mayor and Council Reports13. Report by Mayor and City Council on recent and upcoming events. Document Shredding is happening this Saturday at the Coppell Service Center, November 12th from 8 AM – 12 PM. Visit the website for more details Join Allies for a presentation and interactive discussion about allyship. Learn what being an ally means, why it is important and how it applies to you in everyday life on November 15th from 6:00 PM - 7:30 PM at Cozby Library. Registration is open for the 4th Annual Coppell Gobble Wobble 5K & Fun Run! Run (or walk) the 5K, take part in the Fun Run, or participate virtually! To participate, complete your registration by Friday, November 11. Registration is $35 for adults and $20 for children. Proceeds will be donated to Coppell Animal Services to provide food and other necessities to animals in need over the holiday season. A friendly reminder that Administrative Offices will close at noon on Wednesday, November 23rd and will remain closed for the holiday. Business will resume to normal hours on Monday, November 28th. Page 5City of Coppell, Texas November 8, 2022City Council Minutes Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 14. 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 Councilmember Don Carroll reported the following: Dallas Regional Mobility Coalition: Over the last quarter of the DRMC highlights we've had guest speakers such as State Senator Robert Nichols who is the Senate Transportation Committee Chair out of East Texas join us give us updates on all things Transportation as they head into legislative session. Last month we had State Senator Kelly Hancock out of Tarrant County join us and talk about the upcoming legislation session for 2023. The legislative agenda for the DRMC – Item one, support efforts to eliminate the sunset day for prop one to ensure continued investment in transportation infrastructure. Item two, support efforts to extend the sunset date for proposition seven to ensuring continued investment in transportation infrastructure. Item three, support the passage and implementation of an electric vehicle fee to ensure electric vehicles pay their fair share of Transportation cost. Item four, to collaborate with TxDOT to expand their multimodal approach to the transportation needs of Texas which includes Metropolitan public transportation within the footprint. Item five, to support TxDOT and the North Central Texas council of governments efforts to improve the safety of the Statewide transportation system and reduce overall traffic facilities as they've escalated in the last couple of years. Item six, to provide cities and counties with expanded tools for land use control to preserve future Transportation corridors. Councilmember Mark Hill reported the following: Woven Clinic: Woven Health Clinic appreciates the funding they received this year. They just held their annual fundraiser on October 21st and raised a whopping one hundred thousand dollars. They also held a vaccine event in early October and vaccinated 150 people. Overall, the patient's physical health and chronic diseases are improving over the past two years. There are two exceptions however, they're seeing more diagnosis for breast cancer and an increase in depression and anxiety. Mayor Pro Tem Biju Mathew reported the following: Metrocrest Services: Metrocrest Service held their first Hidden Heroes Luncheon on November 1st. The goal was to raise twenty thousand dollars, they exceeded the goal. October 2021 - September 2022 updates on the Metrocrest Services provided to the City of Coppell residents: 507 residents visited the food pantry 1621 times, approximately 74,912 pounds equaling about 62,927 meals were provided 410 meals were delivered to the seniors, 88 residents utilized the employment service to acquire a new job, 159 residents received emergency rent and utility assistance. Coppell families participated in the Sack Summer Hunger program and Thanksgiving Food distribution and holiday gift store. They are very appreciative of our family members volunteering at their Food Pantry site and they are still looking for volunteers for the upcoming holiday season. Visit the website metrocrestservices.org to register to volunteer. Page 6City of Coppell, Texas November 8, 2022City Council Minutes Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 15. Mayor Wes Mays announced Friday is Veterans Day. The Veterans Day event will be held at the senior center at 11:30 a.m. The public is welcome to attend. Work Session (Open to the Public) 1st Floor Conference Room Mayor Wes Mays recessed the Regular Session 8:20 p.m. and reconvened into the Work Session at 8:22 p.m. Items C and D were discussed under Work Session. Mayor Wes Mays adjourned the Work Session 9:17 p.m. and reconvened into the Regular Session at 9:18 p.m. Necessary Action from Executive Session16. There was no action resulting from Executive Session. Adjournment17. There being no further business before the City Council, the meeting was adjourned at 9:18 p.m. __________________________ Wes Mays, Mayor ATTEST: __________________________ Sara Egan, Deputy City Secretary Page 7City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 8:00 AM Council ChambersTuesday, November 15, 2022 Canvass of Special Election 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;Don Carroll and Kevin NevelsPresent3 - Also present were City Secretary Ashley Owens and City Attorney Robert Hager. The City Council of the City of Coppell met in a Special Called Session on Tuesday, November 15, 2022 at 8:00 a.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 the meeting at 8:00 a.m. He explained that for the purpose of this meeting, only two Council members are required for a quorum in accordance with Texas Election laws. 2.Consider approval of a Resolution canvassing the returns and declaring the results of the November 8, 2022, Special Election; and authorizing the Mayor to sign. City Attorney Robert Hager read the Resolution into the record. A motion was made by Councilmember Kevin Nevels, seconded by Councilmember Don Carroll, that this Resolution be approved. The motion passed by an unanimous vote. Page 1City of Coppell, Texas November 15, 2022City Council Minutes Enactment No: RE 2022-1115.1 Adjournment3. There being no further business before the City Council, the meeting was adjourned at 8:16 a.m. ________________________ Wes Mays, Mayor ATTEST: ______________________________ Ashley Owens, City Secretary Page 2City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 7:00 PM Council ChambersThursday, December 1, 2022 Special Called Meeting WES MAYS BIJU MATHEW Mayor Mayor Pro Tem CLIFF LONG KEVIN NEVELS Place 1 Place 4 BRIANNA HINOJOSA-SMITH JOHN JUN Place 2 Place 5 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Managers Vicki Chiavetta and Traci Leach, City Attorney Robert Hager, and City Secretary Ashley Owens. The City Council of the City of Coppell met in Regular Session on Tuesday, December 1, 2022 at 7:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Regular Session at 7:00 p.m. Citizens’ Appearance2. Mayor Wes Mays announced that no one had signed up to speak. Executive Session (Closed to the Public) 1st Floor Conference Room3. Mayor Wes Mays convened into the Executive Session at 7:01 p.m. Page 1City of Coppell, Texas December 1, 2022City Council Minutes Section 551.071, Texas Government Code - Consultation with City Attorney to seek legal advise and consultation with the City Attorney regarding the following subjects: A.Short term rental regulations. B.Tax credit programs and senior housing. C.A planning and zoning case no. PD-250R27-H, located on the southwest corner of W. Bethel Road and Main Street by applicant Chadick Capital, L.P. Discussed under Executive Session Necessary Action from Executive Session4. There was no action resulting from Executive Session. Adjournment5. There being no further business before the City Council, the meeting was adjourned at 8:17 p.m. ________________________ Wes Mays, Mayor ATTEST: __________________________ Ashley Owens, City Secretary Page 2City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6663 File ID: Type: Status: 2022-6663 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 12/05/2022File Created: Final Action: ILA Lewisville - Water Supply InterconnectFile Name: Title: Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas, to execute an Interlocal Agreement (ILA) with the City of Lewisville for Emergency Treated Water Supply. Notes: Sponsors: Enactment Date: Memo.pdf, Lewisville Interconnect ILA.pdf, Resolution ILA with Lewisville.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 2022-6663 Title Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas, to execute an Interlocal Agreement (ILA) with the City of Lewisville for Emergency Treated Water Supply. Summary Fiscal Impact: N/A Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6663) Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Kent Collins P.E., Director of Public Works Date: December 13, 2022 Reference: Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas, to execute an Interlocal Agreement (ILA) with the City of Lewisville for Emergency Treated Water Supply. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval of a Resolution authorizing execution of an ILA with the City of Lewisville to establish two emergency water interconnects between the two treated water systems. Background: Staff has been working with the City Council to reduce water system risks through pursuit of a water system redundancy project. This project includes improvements to Village Parkway Pump Station to allow for system maintenance and rehabilitation; and emergency interconnects with neighboring water systems to provide water supply in the event of supply loss from Dallas Water Utilities. This ILA will allow construction of two emergency interconnects (near Denton Tap/Highland Drive and MacArthur/Lake Vista) and identifies the operating terms and responsibilities. A separate ILA with the City of Grapevine is included on the agenda. Council has already approved a design agreement with BGE for the design of these emergency water interconnects. Benefit to the Community: Well-maintained City infrastructure is essential to residents’ wellbeing and the use and enjoyment of their homes. This agreement is part of the ongoing effort to maintain City infrastructure to the level of service expected by the community. Legal Review: 2 The City Attorney has reviewed the ILA. Fiscal Impact: There is no fiscal impact for this ILA. Recommendation: The Public Works Department recommends approval of this item. THE STATE OF TEXAS § INTERLOCAL § AGREEMENT FOR EMERGENCY § TREATED WATER SUPPLY § BETWEEN COPPELL AND COUNTY OF DENTON § LEWISVILLE This Interlocal Cooperation Agreement (“Agreement”) is made and entered into this _________day of ______________ 2022 by and between the City of Lewisville, hereinafter called “Lewisville,” and the City of Coppell (“Coppell”) acting by and through their authorized representatives. Lewisville and Coppell are sometimes referred to individually as a “Party” and collectively as the “Parties”. W I T N E S S E T H: WHEREAS, Lewisville and Coppell are political subdivisions within the state of Texas, and each is engaged in the provision of governmental services for the benefit of its citizens; and WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, (the “Act”) provides authorization for local governments to enter into interlocal cooperation agreements with each other for the purpose of performing governmental functions and services as set forth in the Act; and WHEREAS, Lewisville and Coppell from time-to-time, due to equipment and system failures, have need for an emergency supply of water; and WHEREAS, it is to the mutual advantage of Lewisville and Coppell to provide reciprocal terms and conditions for an emergency supply of water in advance of actual needs; and WHEREAS, this Agreement has been authorized by the governing bodies of both Lewisville and Coppell. NOW, THEREFORE, Lewisville and Coppell, in consideration of the terms, covenants, and conditions herein contained, hereby agree as follows: I. ADMINISTRATION. For purposes of this Agreement, Lewisville shall be represented by its City Manager or his/her designated representative, and Coppell shall be represented by its City Manager, or his/her designated representative. II. CONDITIONS OF SUPPLY. Lewisville and Coppell hereby mutually agree that the intent of this Agreement is to provide a temporary emergency supply of treated water when such supply is required due to equipment or facility failures, or events beyond the control of one of the Parties. Emergency connections or supply will not be made for the purpose of compensating for system deficiencies. Availability of emergency supply will be on a capacity available basis not to cause undue limitations or interference with Lewisville or Coppell water system(s). III. REPAYMENT OF EMERGENCY TREATED WATER SUPPLY/EMERGENCY SERVICES. The Party receiving an emergency supply of treated water shall be required to make monetary compensation at the same rate of the supplying Party’s lowest commodity (volume) rate per 1000 gallons. No minimum bill shall be assessed. Compensation shall be made from the current revenues of the Party receiving an emergency supply of treated water. IV. COST RESPONSIBILITY FOR EMERGENCY CONNECTION FACILITIES/SERVICES. A. The term “Cost” as used throughout this Agreement shall mean the direct and indirect cost of all material, equipment and labor unless otherwise specified. B. The Costs incurred for designing and constructing the metering vaults as shown in Exhibit A (“New Metering Vaults”) will be paid by Coppell. C. Unless agreed otherwise, the Costs for refurbishing or maintenance work inside the New Metering Vaults shall be paid by Coppell. V. NOTIFICATION REQUIREMENT. A. Requests for emergency treated water supply shall be made to and from the following staff members: For City of Lewisville: For City of Coppell: Director of Public Services Director of Public Works 151 W Church Street 265 Parkway Blvd Lewisville, TX 75057 Coppell, TX 75019 It is anticipated that notification will, due to emergency conditions, be verbal. However, the request for services and the conditions of the emergency shall be confirmed in writing within five (5) business days. B. The Party requiring emergency treated water supply shall be responsible for notifying the supplying Party of the need for emergency treated water supply. C. Upon receipt of request for emergency treated water, and if supply is available and a representative of Lewisville is present, Coppell shall be responsible for: 1. Setting of the meter or repositioning of the meter; and 2. Conducting joint reads at the beginning of emergency and at end. VI. TITLE TO AND LOCATION OF FACILITIES. A. The location of the New Metering Vaults shall be as shown in Exhibit A, and further described as near the intersections of: 1. Denton Tap Road and Highland Drive; and 2. MacArthur Boulevard and Lake Vista Drive B. The New Metering Vaults shall be owned by Coppell. VII. MAINTENANCE RESPONSIBILITY. Lewisville shall have access to the New Metering Vaults for routine periodic inspection. Costs for maintenance, major repairs or rehabilitation of the New Metering Vaults shall be the responsibility of Coppell. Coppell will have the option of providing maintenance, repair, or rehabilitation of the New Metering Vaults through direct performance of work with city forces or through contract services; except that, Coppell shall coordinate with Lewisville prior to any such maintenance, repair, or rehabilitation. All property disturbed in execution of maintenance, repair, or rehabilitation activity shall be restored to pre-existing condition or better. VIII. ACCESS AND RIGHT-OF-WAY. Lewisville and Coppell agree to furnish any rights-of-way necessary within or outside of their boundaries for construction of the New Metering Vaults. Lewisville and Coppell agree to provide unlimited access to the New Metering Vaults as is necessary to maintain such vaults or operate the vaults during the period of emergency; except that, notice must be provided to the other Party prior to any such maintenance or operation. IX. CLAIMS OF LIABILITY BETWEEN THE PARTIES. Insofar as the services contemplated hereunder are performed by either Lewisville or Coppell within the jurisdiction of the other Party, and to that extent only, Lewisville and Coppell hereby mutually release the other Party from all claims of liability for damage to property (real or personal) or persons arising directly or indirectly from the performance of any of the services and activities provided for hereunder. X. TERMINATION OR MODIFICATION. This Agreement is to remain in force for twenty-five (25) years from the date of execution, unless extended or terminated by mutual agreement of the parties hereto. XI. NOTICES. Any notices required to be given herein shall be deemed to have been sufficiently given to either Party for all purposes hereof if mailed by certified mail, postage prepaid, addressed as follows: To Lewisville To Coppell City of Lewisville City of Coppell Office of the City Manager Office of the City Manager 151 West Church Street 255 Parkway Blvd Lewisville, Texas 75057 Coppell, Texas 75056 Alternatively, notice may be given to such other respective address as the Parties may designate from time-to-time in writing in accordance with this notice provision. IN WITNESS WHEREOF, the Parties hereto acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, this __________________day of _________________, 2022. City of Lewisville City of Coppell _________________________ _________________________ Mayor Mayor Attest: Attest: _________________________ _________________________ City Secretary City Secretary Approved as to Form: Approved as to Form: _________________________ _________________________ City Attorney City Attorney EXHIBIT A – METER VAULT LOCATION MAP TM 132703 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A INTERLOCAL AGREEMENT FOR EMERGENCY TREATED WATER SUPPLY BY AND BETWEEN THE CITY OF COPPELL AND THE CITY OF LEWISVILLE, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Lewisville and the City of Coppell from time-to-time, due to equipment and system failures, have the need of an emergency supply of water; and WHEREAS, both cities desire to enter into an agreement to provide reciprocal terms and conditions for an emergency supply of water in advance of actual needs; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City of Coppell hereby approves that the City Council of the City of Coppell, Texas hereby approves the terms and conditions of the Interlocal Agreement for Emergency Treated Water supply between the City of Coppell and the City of Lewisville, a copy of which is attached hereto and incorporated herein as Exhibit “A” and that the Mayor is hereby authorized to execute the said agreement. SECTION 2. That this Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the _____ day of December, 2022. 2 APPROVED: ____________________________________ WES MAYS, MAYOR ATTEST: ___________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY 3 Exhibit “A” Interlocal Agreement with Lewisville (to be attached) Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6664 File ID: Type: Status: 2022-6664 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 12/05/2022File Created: Final Action: ILA Grapevine - Water Supply InterconnectFile Name: Title: Consider approval of an Interlocal Agreement (ILA) with the City of Grapevine for an Emergency Water Interconnect and Sanitary Sewer Studies; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Interlocal Agreement.pdf, Exhibit A.pdf, Exhibit B.pdf, Exhibit C.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 2022-6664 Title Consider approval of an Interlocal Agreement (ILA) with the City of Grapevine for an Emergency Water Interconnect and Sanitary Sewer Studies; and authorizing the Mayor to sign. Summary Fiscal Impact: N/A Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6664) Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Kent Collins P.E., Director of Public Works Date: December 13, 2022 Reference: Consider approval of an Interlocal Agreement (ILA) with the City of Grapevine for an Emergency Water Interconnect and Sanitary Sewer Studies; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval of an ILA with the City of Grapevine to establish an emergency water interconnect between the two treated water systems, and for Coppell to investigate the feasibility of providing emergency sanitary sewer service to the City of Grapevine. Background: Staff has been working with the City Council to reduce water system risks through pursuit of water system redundancy project. This project includes improvements to Village Parkway Pump Station to allow for system maintenance and rehabilitation; and emergency interconnects with neighboring water systems to provide water supply in the event of supply loss from Dallas Water Utilities. This ILA will allow construction of one emergency interconnect located along West Bethel Road near the Coppell/Grapevine city limits and identifies the operating terms and responsibilities. It also provides that the City of Coppell will study the feasibility of providing emergency sanitary sewer service to the City of Grapevine. A separate ILA with the City of Lewisville is included on the agenda. Council has already approved a design agreement with BGE for the design of these emergency water interconnects. Benefit to the Community: Well-maintained City infrastructure is essential to residents’ wellbeing and the use and enjoyment of their homes. This agreement is part of the ongoing effort to maintain City infrastructure to the level of service expected by the community. 2 Legal Review: The City Attorney has reviewed the ILA. Fiscal Impact: There is no fiscal impact for this ILA. Recommendation: The Public Works Department recommends approval of this item. INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE, TEXAS AND THE CITY OF COPPELL, TEXAS FOR AN EMERGENCY WATER INTERCONNECT & SANITARY SEWER STUDIES STATE OF TEXAS § § COUNTY OF TARRANT § This Agreement is entered into by and between the City of Grapevine, Texas, a home rule municipality located in Tarrant County, Texas, operating herein by and through its duly authorized Mayor, William D. Tate, and the City of Coppell, Texas, a home rule municipality located in Dallas County, Texas, operating herein by and through its duly authorized Mayor, Wes Mays. A. DEFINITIONS l. “Force majeure" is an act of God or a public enemy, war, riot, civil commotion, insurrection, terrorism, strike (unless caused by acts or omissions of the party asserting same), governmental or de facto governmental regulatory or eminent domain action (unless caused by acts or omissions of the party asserting same), fire, drought, explosion, flood, or other natural catastrophe. 2. “Grapevine" is the City of Grapevine, a home-rule municipality located in Tarrant, Dallas and Denton Counties, Texas. 3. “Coppell" is the City of Coppell, a home- rule municipality located in Dallas and Denton Counties, Texas. 4. “The “Interconnect” is an emergency potable water connection to serve Grapevine and Coppell as shown on the map attached hereto and incorporated herein as Exhibit A. 5. “The Hilton Lift Station Basin” is the sanitary sewer basin of 2,179 acres as shown on the map attached hereto and incorporated herein as Exhibit B. B. RECITALS WHEREAS, the Coppell seeks an emergency water connection to serve its residents in case if delivery issues, or a critical loss of pressure, from its primary sources; and WHEREAS, Grapevine seeks an alternate route for wastewater flows generated from the Hilton Lift Station Basin; and WHEREAS, Grapevine and Coppell are both customers of the Trinity River Authority Central Regional Wastewater System; and WHEREAS, each party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues; and WHEREAS, Chapter 791 of the Texas Government Code (the "Interlocal Cooperation Act") authorizes municipalities to enter into interlocal agreements for the providing of governmental functions and services, including but not limited to, provision of residential water service; and WHEREAS, the parties hereto deem it to be to their mutual benefit and to the benefit of the health, safety and welfare of their respective citizens to enter into this Interlocal Cooperation Agreement under the terms and conditions set forth herein; NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, Grapevine and Coppell, for good and valuable consideration, specially, the mutual promises and agreements contained herein, do hereby contract, covenant and agree as follows: C. TERM OF AGREEMENT AND CONDITIONS PRECEDENT That Grapevine and Coppell do hereby covenant and agree as follows: 1. Hilton Lift Station Basin. Grapevine will agree to reimburse Coppell for engineering studies associated with oversizing of Coppell sanitary sewer facilities including gravity mains and lift stations to accommodate the flows from the Hilton Lift Station Basin. Such flows are estimated at 0.67 MGD with a peak flow of 2.4 MGD. Reimbursements to Coppell under this item shall not exceed $50,000. Coppell agrees to provide Grapevine a summary report detailing necessary improvements including construction and ongoing operation costs. 2. Interconnect. Coppell agrees to design and construct, at its sole cost, an interconnect to allow for Grapevine to provide emergency potable water as needed. All specifications for the construction of the interconnect, maintenance, and operations are detailed in the Maintenance and Operation document attached hereto and incorporated as Exhibit C. 3. Payment. Grapevine agrees to make payment to Coppell within a reasonable length of time estimated at 30 days after receipt of the billing. 4. Construction. Coppell agrees that the construction to be done within Grapevine shall be in accordance with Grapevine’s Code of Ordinances including, but not necessarily limited to, construction standards, providing proper barricades, traffic control during construction, detours and project clean up after the contractor is completed. 5. Maintenance. The cities agree that each respective city will provide maintenance on their section of waterline serving the Interconnect. Maintenance of the Interconnect is detailed in Exhibit C within their respective corporate boundaries. 6. Indemnification & Hold Harmless. To the extent allowed by law, Grapevine agrees to indemnify and hold Coppell harmless from any claim by a third party for damages arising from or resulting from the construction or maintenance, in accordance with terms set forth in this agreement, of any portion of the Project lying in the City of Grapevine. To the extent allowed by law, Coppell agrees to indemnify and hold Grapevine harmless from any claim by a third party for damages arising from or resulting from the construction or maintenance, in accordance with terms set forth in this agreement, of any portion of the Project lying in the City of Coppell. The provisions of these indemnifications shall not apply to acts of gross negligence or willful misconduct by the indemnified party. 8. Regulatory control. It is understood and agreed by the parties hereto that the development regulations of the city in which facilities are located shall be applicable to construction, maintenance, and operation of such facilities. 9. No joint enterprise. No provision of this Agreement shall be construed to create any type of joint ownership of any property, nor shall same be deemed to create a partnership, joint venture or other agreement which would be construed as granting partial control, ownership of or equity in the facilities described herein. It is understood and agreed that the facilities operated by Coppell shall be owned and controlled by Coppell, and that the facilities operated by Grapevine shall be owned and controlled by Grapevine. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondent superior shall not apply between the cities. 10. Notice. Any notice, communication or request provided or permitted to be given by either party to the other party must be in writing and addressed as follows: If Coppell: City of Coppell Attention: City Manager 255 E. Parkway Boulevard Coppell, Texas 75019 If to Grapevine: City of Grapevine Attention: City Manager P. O. Box 95104 Grapevine, Texas 76099 or to such other addresses as may be provided for in writing from time to time. 11. No waiver of immunity or defenses. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. It is expressly understood and agreed that in the execution of this Agreement, neither city waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. This section shall be liberally construed to carry out the intent of the city councils of Coppell and Grapevine, and the cities do hereby invoke and preserve said governmental immunity to the greatest extent possible under the law. 12. No third party beneficiaries. It is understood by the parties that this Agreement is entered into for the mutual convenience and purposes of the cities which are parties hereto, and it is the parties' intent that no other parties shall be construed as beneficiaries of this Agreement, including the owners, residents, or operators of property located in either the Grapevine Area or the Coppell area, regardless of whether such persons are anticipated to be customers under this Agreement. 13. Entire Agreement. This Agreement, including any exhibits attached and made a part hereof, is the entire Agreement between the parties and supersedes all prior or contemporaneous understandings or representations, whether oral or written, respecting the subject matter herein. 14. Venue. This Agreement shall be construed under the substantive laws of the State of Texas, without reference to its choice of law provisions. This Agreement shall be fully performable in Tarrant County, Texas, and the exclusive venue for any action arising under state law under this Agreement shall be the District Courts of Tarrant County, Texas. If any action relating to this Agreement is not properly brought in state court, venue shall be the United States District Court for the Northern District of Texas. 15. Severability. In the event any section, subsection, paragraph, subparagraph, sentence, phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall be enforceable, and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such deleted provision as may be valid, legal and enforceable. 16. Authority. This Agreement was authorized by the Coppell City Council at its regular meeting on the 13th day of December 2022, authorizing the Coppell City Manager to execute this Agreement on behalf of the City of Coppell, and by the Grapevine City Council at its regular meeting on the 15th day of November 2022, authorizing the Grapevine City Manager to execute this Agreement on behalf of the City of Grapevine. 17. Section or Other Headings. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 18. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the parties to such amendment. 19. Interpretation. Both parties acknowledge that each party has had an opportunity to review this Agreement in full, discuss it with legal counsel, and negotiate regarding the tern s. Therefore, in the event of any dispute over its meaning or application, regardless of the actual drafter or scrivener of this Agreement, this Agreement shall be interpreted fairly and reasonably, and not construed in favor of nor against any party. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. 21. Force Majeure. If, by reasons of Force Majeure, any party will be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party will give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence of such event. The obligations of the party giving such notice, to the extent affected by such Force Majeure, will be suspended during the continuance of the inability claimed and for no longer period, and any such party will in good faith exercise its best efforts to remove and over come such inability. 22. Mutual Assistance. The parties hereto agree to take all reasonable measures which are necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 23. Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid in the interpretation of this Agreement. 24. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK EXECUTED this _____day of __________, 2022. CITY OF GRAPEVINE By:_______________________ Bruno Rumbelow, Grapevine City Manager ATTEST: ________________________________ Tara Brooks, Grapevine City Secretary APPROVED AS TO FORM AND LEGALITY: _________________________ Matthew Boyle, Grapevine City Attorney REMAINDER OF PAGE INTENTIONALLY LEFT BLANK EXECUTED this _____day of __________, 2022. CITY OF COPEELL By:_______________________ Wes Mays, Mayor ATTEST: ________________________________ Ashley Owens, City Secretary APPROVED AS TO FORM AND LEGALITY: _________________________ Robert Hager, City Attorney DALLAS COUNTY TARRANT COUNTYSH 121SH 26SH 121Ex. 3'' WLEx. 20'' WLEx. 10'' WLEx. 12'' WLEx. 8'' WLEx. 16'' WLEx. 24'' WLEx. 6'' WL Ex. 20'' WLEx. 12'' WLEx. 16'' WLEx. 12' ' WLEx. 6'' WLE x . 8 '' W LEx. 16'' WLEx. 8'' WLEx. 12'' WLEx. 12'' WL Ex. 12'' WL Ex. 12'' W L Ex. 20'' WLEx. 12'' W LEx. 16'' WLEx. 12'' WLEx. 12'' WLEx. 8' ' WLEx. 10'' WL Ex. 8'' WLEx. 12'' WL E x . 8 '' W L Ex. 6'' WL Ex. 8 '' WLEx. 12'' WLEx. 12'' WLEx. 16'' WLEx. 6' ' WLEx. 12'' WLEx. 12'' WLEx. 12'' WLEx. 6'' WL Ex. 12'' WL Ex. 6'' WLEx. 10'' WL Ex. 8' ' WLEx. 20'' WLEx. 20'' W L Ex. 12'' WLEx. 16'' WLEx. 12'' WLEx. 12'' WLEx. 16'' WLEx. 8'' WLEx. 16'' WLEx. 16'' WLEx. 8'' WLE x . 8 '' W L Ex. 16'' WL Ex. 10'' WLEx. 16'' WLEx. 20'' WLEx. 16'' WLEx. 12'' WLEx. 20'' WLEx. 12' ' WLE x . 1 2 '' WL Ex. 12'' WLE x . 1 6 '' W L Ex. 12'' WLEx. 8'' WL E x . 8 '' W L Ex. 12'' WL E x. 1 6'' WL Ex. 12'' WLEx. 8'' WLEx. 8'' WL E x. 8 '' W L Ex. 20'' WLE x . 1 2 '' WL CITY OF COPPELLProposed 12" Water Lineand 12" MeterCITY OF GRAPEVINEq0 1,000 2,000 Feet THIS DOCUM ENT IS INCOMPLETE AND RELEASED TEMPO RARILY FOR INTERM REVI EW O NL Y. IT IS NOT INTENDED FOR CONSTRUCTION, BIDDING , OR PERMIT PURPOSES. CARL T. DeZEE, P.E. SERIAL NO. 87 685 DATE: NOVEMBER 2 022 EXHIBIT A County Line GRAPEVINE/COPPELLEMERGENCY WATER IN TER CON NEC T CITY OF GRAPEVINE Legend Existing Water Line Grapevine/Coppell Emergency Water Interconnect DALLAS COUNTY TARRANT COUNTYSH 121SH 26Grapevine Lake SH 12124'' Ex. SS 3 '' Ex . SS15'' Ex. SS1 2'' E x. S S 8'' Ex. SS 30'' Ex. SS10'' Ex. SS 2'' Ex. SS6'' Ex. SS3'' Ex. S S 6'' Ex. SS8'' Ex. SS8'' Ex. SS1 2 '' E x . S S 8'' Ex. SS 6'' Ex. SS 6'' Ex. SS 10'' Ex. SS 10'' Ex. SS12'' Ex. SS6'' Ex. SS 1 2 '' E x . S S 8'' E x. SS12'' Ex. SS8'' Ex. SS 6'' Ex. SS10'' Ex. SS 10'' Ex. SS 8' ' Ex. SS15'' Ex. SS8'' Ex. SS 8 '' E x . S S 8'' Ex. SS10'' Ex. SS8'' Ex. SS10'' Ex. SS10'' Ex. SS8'' Ex. SS3'' Ex. S S2'' Ex. SS6'' Ex. SS8'' Ex. SSCITY OF COPPELLHilton Lift Station CITY OF GRAPEVINEq0 1,600 3,200 Feet THIS DOCUM ENT IS INCOMPLETE AND RELEASED TEMPO RARILY FOR INTERM REVI EW O NL Y. IT IS NOT INTENDED FOR CONSTRUCTION, BIDDING , OR PERMIT PURPOSES. CARL T. DeZEE, P.E. SERIAL NO. 87 685 DATE: OCTO BER 202 2 EXHIBIT B Existing Sanitary Sewe r Line Existing Sanitary Sewe r Manh ole County Line Hilton LS Basin (2,1 79 Acres) GRA PEVIN EHILTON LIFT STATION BASIN CITY OF GRAPEVINE CITY OF GRAPEVINE TOWN OF FLOWER MOUND Legend STANDARD OPERATING PROCEDURE for the ROBERTS ROAD INTERCONNECTION between the CITY OF COPPELL and CITY OF GRAPEVINE, TX NOVEMBER 18, 2020 EXHIBIT C MAINTENANCE AND OPERATION STANDARD OPERATING PROCEDURE for the EMERGENCY WATER INTERCONNECTION between the CITY OF COPPELL and CITY OF GRAPEVINE, TX Rev. NOVEMBER 28, 2022 This document describes the standard operating procedure to activate the emergency interconnect located on Bethel Road between the Cities of Coppell and Grapevine. A summary of the system, important components, maintenance information, and order of operation is provided. SYSTEM INFORMATION The interconnection between the City of Coppell and City of Grapevine is to be used for emergency scenarios to provide water between the two cities. Both the City of Coppell and the City of Grapevine are able supply water through the interconnect. The emergency demand for this system is a maximum of 2.0 million gallons a day (MGD). This interconnection is located along Bethel Road near the City of Grapevine City Limits. The interconnection will consist of a magnetic flow meter, isolation valves, and sampling ports housed in a concrete vault. The associated water line is 12” PVC pipe beyond the limits of the vault and 12” ductile iron pipe within the vault. A 12” mag meter provides bi-directional flow measurements and logs the flow data for local download and reporting. The receiving city will take custody of the water at the location of the flow meter. Valves on both sides of the meter are to be closed whenever an emergency water supply is not required. MAINTENANCE INFORMATION The City of Coppell will be responsible for maintenance and operation of the water line, including related appurtenances such fire hydrants and valves, from the interconnection meter to the south of the vault. The City of Grapevine will be responsible for the operation and maintenance of the water line and related appurtenances from the interconnection meter to the west of the vault on Bethel Road. The two cities will have equal and shared ownership of the meter vault. However, it will be the responsibility of the City of Coppell to maintain the meter. Both cities are permitted to access the meter vault for operation but must notify the other party in advance. All other requirements outlined in the Interlocal Agreement between the City of Coppell and the City of Grapevine apply. Bi-annual inspection and lubrication of all components is recommended. Valves should be operated regularly and according to manufacturer recommendations to ensure proper operation. Fire hydrants should follow routine maintenance as outlined in AWWA M17: M17 Standard Operating Procedure – CLV19169 November 28, 2020 Fire Hydrants: Installation, Field Testing, and Maintenance (5th edition). Fire hydrants should be flushed for several minutes at least twice a year. 2-inch corporation stops are provided on either side of the meter for chlorine residual sampling. If the flow measurements are unstable or the meter sensor is displaying an error, recalibrate the sensor according to the manufacturer’s specifications or contact technical support. IMPORTANT COMPONENTS Referring to the plan sheets, important components include: A. 12” Gate Valve 1 (outside vault) B. 12” Gate Valve 2 (outside vault) C. Two-way magnetic flow meter D. 12” Gate Valve 1 (inside vault) E. 12” Gate Valve 2 (inside vault) F. Fire Hydrant Assembly 1 (Coppell) G. Fire Hydrant Assembly 2 (Grapevine) H. 6” Gate Valve 1 (for FH assembly) I. 6” Gate Valve 2 (for FH assembly) J. 2” Corp Stop 1 (Coppell) K. 2” Corp Stop 2 (Grapevine) L. 12” Removable DI Spool Piece STANDARD OPERATING PROCEDURE The standard operating procedure established below should be followed to activate the emergency interconnection. If the City of Grapevine is providing water to the City of Coppell, the Operating Procedure for the emergency interconnection shall be as follo ws: 1. Ensure the 12” Gate Valve west of the meter vault is open 2. Open the 12” Gate Valve inside the meter vault west of the meter 3. Open the 12” Gate Valve inside the meter vault east of the meter 4. Open the 6” Gate Valve that is part of fire hydrant assembly on the City of Grapevine’s side of the interconnect 5. Flush the water line from through City of Grapevine Fire Hydrant for at least five (5) minutes 6. Close the 6” Gate Valve on City of Grapevine Fire Hydrant 7. Use Corp Stop on City of Coppell side of the meter vault to take any necessary water samples 8. With the interconnection now open, verify the magnetic flow meter is correctly reading the flow according to the manufacturer’s preferred operating procedure Standard Operating Procedure – CLV19169 November 28, 2020 When the interconnection is not needed, the deactivation process shall be as follows: 1. Open the 6” Gate Valves that are part of both fire hydrant assemblies 2. Close 12” Gate Valves inside the meter vault 3. Close the 6” Gate Valves that are part of both fire hydrant assemblies 4. If the interconnection meter will not be used for a period, replace the magnetic flow meter with an 12” Removable DI Spool Piece Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6607 File ID: Type: Status: 2022-6607 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 11/02/2022File Created: Final Action: FY23 Crack Sealing ContractFile Name: Title: Consider approval of award for the street maintenance proposal; to C&J’s Design Solutions of East Texas, LLC; utilizing the TIPS contract; in the amount of $150,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, C&J TIPS Bid.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 2022-6607 Title Consider approval of award for the street maintenance proposal; to C&J’s Design Solutions of East Texas, LLC; utilizing the TIPS contract; in the amount of $150,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda item is $150,000.00, as budgeted in IMF. Staff Recommendation: The Public Works Department recommends approval. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6607) Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Kent Collins, P.E., Director of Public Works Date: December 13, 2022 Reference: Consider approval of street maintenance proposal from C&J’s Design Solutions of East Texas, LLC, utilizing the TIPS contract; in the amount of $150,000.00; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval of the street maintenance quote from C&J’s Design Solutions of East Texas, LLC, utilizing the TIPS contract as budgeted in the Infrastructure Maintenance Fund (IMF), in the amount of $150,000.00, and authorize the City Manager to sign. Background: This project will start in the winter of the 2022-2023 fiscal year. Sealing will begin west of 555 Dividend Dr. at the western city limit, progressing east to South Belt Line Rd. completing all eastbound lanes. Once this section is complete, the work will progress west to western city limit completing all westbound lanes. Any remaining funds in this contract or subsequent renewals will be used in other areas of town including Point West Blvd. and other major thoroughfares. On September 15, 2022, two bids were submitted for the project. One bid was delivered late and was considered unresponsive. The responsive bid was a much higher price than market rates or past contracts have dictated. It was determined that it was in the best interest of the City to rebid the project. On October 20, 2022, the project was rebid with the same bidders and the same pricing. One bid was delivered late and considered unresponsive. The responsive bid was the same pricing as the September 15th bid. As a result, it was determined that the City was able to use the TIPS Contract for the project pricing. 2 C&J’s Design Solutions of East Texas, LLC, has relevant experience working with the City as a paving contractor through several successful project. Their previous work history indicates they can complete the project within the budget and the time allowed. This contract includes crack and joint sealing work along major thoroughfares. As with previous crack sealing operations, street access will be restricted during the work. Work during the day will be limited to the hours of 9AM to 4PM. Night work is likely on major thoroughfares, as in previous years, from 9PM to 6AM. Next, we plan to meet with the contractor to review the locations, set the schedule, and begin community communications. Benefit to the Community: The work performed under this contract will extend the life of City streets. To extend pavement life, crack and joint sealants must be placed or replaced periodically. Correct sealant application and maintenance minimizes infiltration of surface water and incompressible materials. As a crack forms, water can seep through and erode the base or freeze during the winter causing deterioration of the pavement structure. For that reason, crack sealing is universally recommended as the most cost- effective, preventative maintenance procedure for concrete paving. 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 $150,000.00, as budgeted in IMF. Recommendation: The Public Works Department recommends approval of this item. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6627 File ID: Type: Status: 2022-6627 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 11/21/2022File Created: Final Action: SC Design ContractFile Name: Title: Consider award for approval to enter into a design contract with Parkhill in the amount of $526,136.93, for the architectural design of the City of Coppell Service Center Improvements, funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approved Reimbursement Resolution of a proposed 2023 bond sale, and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Parkhill 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 2022-6627 Title Consider award for approval to enter into a design contract with Parkhill in the amount of $526,136.93, for the architectural design of the City of Coppell Service Center Improvements, funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approved Reimbursement Resolution of a proposed 2023 bond sale, and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $526,136.93 funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approved Reimbursement Resolution of a proposed 2023 bond sale. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6627) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Jamie Brierton, Capital Programs Administrator Kent Collins, P.E., Director of Public Works Date: December 13, 2022 Reference: Consider award for approval to enter into a design contract with Parkhill in the amount of $526,136.93 for the architectural design of the City of Coppell Service Center Improvements, funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approved Reimbursement Resolution of a proposed 2023 bond sale, and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval of a design contract with Parkhill in the amount of $526,136.93 for the architectural design of the City of Coppell Service Center Improvements and authorize the City Manager to sign all necessary documents. Background: In 2015, Phase I of the Service Center Improvements began, which included relocation of the existing fence to the property lines, which included an additional gate installed for future access on the south side of the existing facility. Phase I also included the construction of approximately 40,000 additional square feet of parking, as well as expansion and upgrades to the water system in the back of the parking area, and replacement of some aging asphalt pavement. Phase I also included the foundational elements for Phase II structures. Phase II of the Service Center Improvements began in 2016 and included a bulk material storage enclosure, a covered vehicle and equipment storage area, an auction storage building, and a secondary driveway connecting the Service Center to South Coppell Road. These items significantly improved the operational efficiency and will prolong the life and value of City assets. In 2015, the Phase I memo outlined that Phase III of the Service Center Improvements would include expansion of the existing office building and fleet facility. This expansion was to include an additional fleet service bay, additional office space, and renovation of the existing interior space. In 2017, staff met with Corgan Architecture to perform a space assessment on the facility. In 2021 2 Corgan developed options to determine if a remodel of the existing facility was a viable solution. Based on this exercise, it was determined that a remodel of the existing facility alone would not be able to support the needs of Parks and Public Works Operations. Their recommendation was to create a separate office structure to house offices, work rooms, traffic management space, and other meeting spaces. And, to remodel the existing structure to support field staff through break rooms, crew rooms, locker rooms and open bench space. The additional fleet bay is no longer part of the scope due to the City-wide fleet reduction strategy and anticipated shift to more electric vehicles in the City fleet. These recommendations were presented to City Council on April 12, 2022 during Work Session and staff proceeded with project development. The total estimated project budget, and the project budget included in the reimbursement resolution, is $5 million. This Service Center Improvements design contract will facilitate design of the office expansion and renovation of the existing service center. Staff anticipates returning to update City Council throughout project design milestones and for construction award. Construction is expected to start in first quarter 2024. Request for Qualifications (RFQ’s) were developed by the purchasing department, publicly posted, and followed up with a pre-proposal meeting for all interested firms in August of 2022. Ten (10) RFQ’s were received and evaluated by a committee comprised of both Parks & Recreation Assistant Directors, the Assistant Director of Public Works- Operations, and the Capital Programs Administrator. After a preliminary review and scoring, four (4) firms were invited for a finalist interview by the committee in October of 2022. Parkhill was selected unanimously for the project. Parkhill is a multi-disciplined architectural and engineering firm with offices throughout Texas, Oklahoma and New Mexico. Their firm utilizes in-house resources for architecture, interiors, site/civil development, utility design and structural engineering. Based on the selection process and criteria, staff recommends Parkhill as described in the provided contract for design and construction-phase services. Parkhill is a highly respected firm and have successfully completed many innovative municipal projects in the region and several others currently under construction. Benefit to the Community: To provide Sustainable Government the Service Center Improvement Project will provide adequate and compliant locker rooms, crew facilities, meeting rooms, traffic management facilities, and offices for the staff of the Parks and Recreation & Public Works Operations teams. The plan includes emergency flexible staging/sleeping quarters for staff as part of the winter weather and emergency protocols. The project will incorporate design themes from Old Town, bringing visual connectivity and public facing spaces to both Department’s Operations. Legal Review: The City Attorney has reviewed the contract. 3 Fiscal Impact: The fiscal impact of this agenda item is $526,136.93 funded from undesignated fund balance of the General Fund, then reimbursed in accordance with the approved Reimbursement Resolution of a proposed 2023 bond sale. Recommendation: The Public Works Department recommends approval of this contract. Coppell | Service Center Renovation & Addition Compensation Fee Proposal | 12.2.22 TASK 1 | SCHEMATIC DESIGN TASK 2 | DESIGN DEVELOPMENT - CONSTRUCTION PHASE Service Fee Fee Fee Notes DISCOVER NEW BLDG. EXST. BLDG. Boundary Survey N/A N/A Included Topographical Survey N/A N/A 15,000.00$ Tree Survey N/A N/A Included Subtotal -$ -$ 15,000.00$ DESIGN Architecture 47,434.00$ 29,575.00$ 155,807.10$ Interior Design 9,143.75$ 9,240.00$ 27,986.54$ MEP Engineering 8,801.16$ 9,720.00$ 30,453.47$ Structural Engineering 5,865.19$ N/A 17,602.00$ Civil Engineering 9,266.25$ N/A 14,826.00$ Landscape Architecture 5,295.00$ N/A 8,472.00$ SCADA Design N/A N/A -$ Accessibility Consultant N/A N/A 3,000.00$ Reimbursable Expenses 1,000.00$ 1,000.00$ 2,581.47$ Subtotal 86,805.35$ 49,535.00$ 260,728.58$ *Based on 3M in New Construction (10,000sf) and $250,000 in Renovation (12,000sf). Reduced Civil and LA fee for limited scope in Service Center Project. Total A/E Fee 86,805.35$ 49,535.00$ 275,728.58$ 412,068.93$ ALTERNATES Site Entitlement & Platting Services N/A N/A N/A Site Master Planning N/A N/A N/A Detailed Cost Estimating 17,749.00$ 17,749.00$ 10,000.00$ Owner's Consultant Fast Track Deliery N/A N/A N/A Renderings per image 3,850.00$ 3,850.00$ 3,850.00$ Record Drawings N/A N/A 11,500.00$ Input of Existing N/A 6,670.00$ N/A Workplace Strategy 20,000.00$ N/A N/A FFE Design/Selection N/A N/A 15,000.00$ Subtotal 41,599.00$ 28,269.00$ 44,200.00$ Total A/E Fee + Alternates 128,404.35$ 77,804.00$ 319,928.58$ 526,136.93$ Quantity 1 of 1 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6629 File ID: Type: Status: 2022-6629 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 11/21/2022File Created: Final Action: Dallas Co. ILAFile Name: Title: Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute an Interlocal Agreement with Dallas County for street maintenance and improvements. Notes: Sponsors: Enactment Date: Memo.pdf, Resolution.pdf, Master ILA.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 2022-6629 Title Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute an Interlocal Agreement with Dallas County for street maintenance and improvements. Summary Fiscal Impact: N/A Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 12/9/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6629 Page 1City of Coppell, Texas Printed on 12/9/2022 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: December 13, 2022 Reference: Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute an Interlocal Agreement with Dallas County for street maintenance and improvements. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval of a Resolution to enter into a Master Interlocal Agreement with Dallas County for maintenance and improvements to city streets. Background: From time to time city staff works with the Dallas County Road & Bridge staff for maintenance of asphalt streets and drainage improvements. Most of this work is funded through our Infrastructure Maintenance Fund. When we contacted Dallas County to begin work on this year’s asphalt rehabilitation work, they requested that we up date this Master Agreement. The last time we updated this agreement was December 2017. The term of the proposed agreement runs through December 31, 2027. This agreement provides terms under which the County and City agree to partner to work on maintenance of City infrastructure. Approval of the agreement does not require us to use Dallas County forces to work on any particular project. Each project requires a Project Specific Agreement to be approved by City Council, or the City Manager depending on the value of the specific project. Benefit to the Community: Well-maintained City infrastructure is essential to residents’ wellbeing and the use and enjoyment of their homes. This agreement is part of the ongoing effort to maintain City infrastructure to the level of service expected by the community. 2 Legal Review: The City Attorney prepared the resolution and has reviewed the master agreement. Fiscal Impact: There is no fiscal impact for this master agreement. Recommendation: The Public Works Department recommends approval of this item. TM 132691 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A MASTER INTERLOCAL AGREEMENT PERTAINING TO TRANSPORTATION-RELATED MAINTENANCE, BY AND BETWEEN DALLAS COUNTY AND THE CITY OF COPPELL, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented with a proposed Master Interlocal Agreement by and between Dallas County and the City of Coppell, pertaining to transportation-related maintenance on or about certain designated roadways situated within the territorial limits of the City of Coppell; and WHEREAS, the Mater Interlocal Agreement attached hereto as Exhibit “A” is consistent with the authority and purposes of Texas Government Code Chapter 791, relating to Interlocal Cooperation Agreements; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell hereby approves the terms and conditions of the Master Interlocal Agreement, a copy of which is attached hereto and incorporated herein as Exhibit “A”; and, authorizing the Mayor to execute said agreement on behalf of the City. SECTION 2. That this Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the _____ day of December, 2022. APPROVED: ____________________________________ WES MAYS, MAYOR ATTEST: 2 ___________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY Exhibit “A” 3 Master Interlocal Agreement (to be attached) MASTER Interlocal Agreement for Road & Bridge Partnership (2022) 1 EXHIBIT A MASTER INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF COPPELL PERTAINING TO ROAD AND BRIDGE TRANSPORTATION-RELATED IMPROVEMENTS AND/OR MAINTENANCE ON OR ABOUT CERTAIN DESIGNATED ROADWAYS SITUATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF COPPELL This Master Interlocal Agreement is made by and between Dallas County, Texas, hereinafter (“County”) and the City of Coppell, Texas, hereinafter (“City” refers to the applicable City, which is a party to this Master Interlocal Agreement) acting by and through their duly authorized representatives and officials, which desire to enter into an Interlocal Agreement, hereinafter (“Master Agreement”) for the purpose of transportation improvements and/or maintenance on roads inside Dallas County. WHEREAS, pursuant to Court Order __________________, dated _______________, County Commissioners Court approved participation in transportation projects within the City of COPPELL; WHEREAS, Chapter 791 of the Texas Government Code and Chapters 251 and 472 of the Texas Transportation Code provide authorization for local governments to contract amongst themselves for the performance of governmental functions and services; WHEREAS, the County and the City desire to enter into an Interlocal Agreement (“Master Agreement”) for the purpose of coordinating, facilitating and/or funding improvements and/or maintenance activity on certain duly qualified “Type A” roadways and bridges, which are situated within the unincorporated portions of the County that are on public right-of-way; WHEREAS, the County and the City desire to enter into an Interlocal Agreement (“Master Agreement”) for the purpose of coordinating, facilitating and/or funding improvements and/or maintenance activity on certain duly qualified “Type B” roadways and bridges, which are situated wholly within the territorial limits of the City; WHEREAS, the County and the City desire to enter into an Interlocal Agreement (“Master Agreement”) for the purpose of coordinating, facilitating and/or funding improvements and/or maintenance activity on certain duly qualified “Type “C” roadways, which are situated wholly within the territorial limits of the City; WHEREAS, the County and the City desire to enter into an Interlocal Agreement (“Master Agreement”) for the purpose of the City retaining and authorizing the County, through its Road & Bridge forces, to improve and/or maintain various “Type E” roadways, alleys, streets, bridges and drainage facilities, which are situated wholly within the territorial limits of the City; WHEREAS, the County and the City desire to enter into an Interlocal Agreement (“Master Agreement”) for the purpose of the City authorizing and retaining the County, through its Road MASTER ILA for Road & Bridge 2022 2 & Bridge forces, to perform minor transportation-related improvements and/or maintenance services, including but not limited to pothole repair; cleaning and clearing of drainage culverts; roadway debris removal; and the like, which services do not fall squarely within the purview of “Type B” or “Type “E” roadway projects, such projects are to be performed on or about public roadways and alleyways, which are situated wholly within the territorial limits of the City; and WHEREAS, this collaboration between the County and the City is consistent with the County’s Administrative Plan as the County is a proactive regional partner in that it fosters partnerships between the County and local cities therein on local transportation projects. This collaboration between the County and the City is also consistent with the County’s Vision Statement to improve people’s lives. NOW THEREFORE, THIS MASTER AGREEMENT is hereby made and entered into between the County and the City for the mutual consideration stated herein: ARTICLE I. PURPOSE City has requested in the past, and will likely request in the foreseeable future (1) that the County provide funding of certain roadway and/or bridge improvements and/or maintenance projects (“projects”) within the unincorporated portions of the County that are on public right-of-way, which projects shall be duly qualified “Type “A” Roadway Projects; (2) that the County participate in the funding of certain roadway improvements and/or maintenance projects (“projects”) on the City’s street system, which projects shall be duly qualified “Type B” Roadway Projects; (3) that County participate in the funding of certain roadway improvements and/or maintenance projects (“projects”) on the City’s street system, which projects shall be duly qualified “Type C” Roadway Projects; (4) that the County provide certain roadway improvements and/or maintenance services (“projects”) on the City’s street system, which projects shall be duly qualified “Type E” Projects on streets, alleys, roads, bridges and drainage facilities for the City; or (5) that the County, through its Road & Bridge forces, perform certain minor transportation-related improvements and/or maintenance services on or about the City’s streets, alleys, and roads, which do not fall squarely within the collaborations contemplated by the aforementioned. The terms and conditions set forth herein provide the cooperative framework for the County and the City to undertake one or more of these transportation-related improvements and/or maintenance projects upon public roadways that are situated wholly within the incorporated and territorial jurisdiction of the City, said roadways being of significance and benefit to the County. Each roadway improvements and/or maintenance project commenced hereunder shall be fully and specifically set forth and described in a separate Project Specific Agreement hereinafter (“PSA”), and shall be approved by specific order of the Commissioners Court of Dallas County, as well as the governing body of the City. Projects undertaken pursuant to this Master Agreement are for the benefit of the City and the County, and not the purposeful benefit of any third parties. It is the express intention of the City and the County that any person or entity, other than the City or the County, receiving services or benefits hereunder shall be deemed incidental beneficiaries only. MASTER ILA for Road & Bridge 2022 3 Nothing herein shall be construed so as to prevent the County and the City from collaborating and working jointly, without prior and formal approval of their respective governing bodies, in cases of national, state or local emergencies or natural disasters. See Tex. Gov’t Code Ann. § 791.027 (West 1991). See also Dallas County Code Chapter 102, Section 102-5 (e) regarding minor maintenance in response to emergency road conditions or for purposes of natural disaster relief requested by other governmental jurisdictions. ARTICLE II. DEFINITIONS The following definitions for the types of roads listed below are incorporated by reference into this Master Agreement for all purposes. 1. Type A: Improvements and maintenance of roads and bridges located within the unincorporated portions of the County that are on public right-of-way. This includes roads within court-approved subdivisions in which the improvements and rights-of- way have been dedicated to the County and accepted by the Commissioners Court. 2. Type B: Improvements and maintenance of thoroughfares and bridges of major cross-county importance which are either existing or proposed. The Regional Thoroughfare Plan for North Central Texas Council of Governments and Dallas County Mobility Plan will be used as a guide to determine which thoroughfares are of major cross-county importance. 3. Type C: Improvements and maintenance of thoroughfares which are affected by state highway programs, planning and policies, including right-of-way, curb and gutter, and storm sewer projects that participate with state department of highways and public transportation as designated by the state as being part of the state highway system. 4. Type E: Improvements and maintenance of streets, alleys, roads, bridges and drainage facilities for a local governmental entity as defined under Chapter 791 of the Tex. Gov’t Code Ann. (West 1999). ARTICLE III. PERIOD/TERM OF THE MASTER AGREEMENT This Master Agreement becomes effective when signed by the last party whose signing makes the respective Master Agreement fully executed (the “Effective Date”). This Master Agreement shall expire December 31, 2027, unless terminated in accordance with Article IV. of this Master Agreement. ARTICLE IV. TERMINATION AND FORCE MAJEURE A. TERMINATION a. This Master Agreement may be terminated by any of the following conditions: 1. By expiration of the Period/Term of the Master Agreement. MASTER ILA for Road & Bridge 2022 4 2. By either party, by providing written notice of termination for any reason with ninety (90) days written notice to the other party pursuant to Article XIII., Paragraph E. of this Master Agreement. b. Either party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of termination. c. Provisions a. through c. of this Article IV, Section A, shall survive the termination of this Master Agreement. B. FORCE MAJEURE Neither County nor City shall be in default or responsible for delays or failures in performance resulting from causes reasonably beyond its control and not attributable to its neglect. Such acts include but are not limited to acts of God, fire, storm, pandemic, epidemic, flood, earthquake, natural disaster, nuclear accident, strike, air traffic disruption, invasion, insurrection, lockout, stoppage of labor, riot, freight embargo, public regulated utility, or governmental statutes, orders, or regulations superimposed after the fact. Any party delayed by force majeure shall as soon as reasonably possible give the other party written notice of the delay. If reasonably practical, the party claiming the suspension shall give notice of such impediment or delay in performance to the other party within ten (10) days of the knowledge of such occurrence. The party delayed shall use reasonable diligence to correct the cause of the delay, if correctable, and if the condition that caused the delay is corrected, the party delayed shall immediately give the other party written notice thereof and shall resume performance under this Master Agreement as soon as practicable. In the event of such an occurrence, the time for performance of such obligations or duty shall be suspended until such time that such inability to perform, shall be removed. Each party shall make all reasonable efforts to mitigate the effects of any suspension. The provisions of this Article IV, Section B, shall survive the termination of this Master Agreement. ARTICLE V. IMMUNITY AND LIABILITY FOR ACTS AND OMISSIONS County and City agree that no provision of this Master Agreement is in any way intended to constitute a waiver of any immunities from suit or liability, or a waiver of any tort limitation, that the parties have by operation of law, or otherwise. County and City agree that both County and City shall each be responsible for their own negligent acts or omissions or other tortious conduct in the course of performance of this Master Agreement without waiving any governmental/sovereign immunity available to the County or the City or their respective officials, officers, employees or agents under Texas or other law and without waiving any available defenses under Texas or other law. In the event of joint and concurrent negligence of the parties to this Master Agreement, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any defenses, including governmental/sovereign immunity, or other defenses available to the parties under federal or Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. The provisions of this Article V. shall survive the termination, expiration, or cancellation of this Master Agreement, or any determination that this Master Agreement or any portion hereof is void, voidable, invalid, or unenforceable. MASTER ILA for Road & Bridge 2022 5 ARTICLE VI. CITY’S FUNDING CONTRIBUTION For “Type A” projects, the City shall be responsible for zero percent (0%) of the funding and payment for the roadway and/or bridges improvements and/or maintenance services. For duly qualified “Type B” and “Type C” projects contemplated hereunder, the City shall be responsible for the total funding and payment for the roadway improvements and/or maintenance services, less any amounts contributed by the County, which contributions, if any by the County, may not exceed fifty percent (50%) of the actual total project costs, and may be made through commitment of financial resources or in-kind services, i.e., use of County’s labor, equipment and/or materials. For “Type E” projects and all other projects contemplated hereunder, the City shall be responsible for one hundred percent (100%) of the funding and payment for services provided in whole or in part through the use of County Road & Bridge personnel, equipment and/or materials. Pursuant to § 791.011(d)(3) of the Texas Government Code, each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. All expenditures herein undertaken by the City and/or the County for the performance of these governmental functions or services shall be made from current revenues available to them. ARTICLE VII. CITY’S OBLIGATIONS Prior to the commencement of any project hereunder, the City shall clearly detail the location and type of project, along with the scope and nature of the services to be performed in a document other than an interlocal agreement (“Master Agreement”). Should the City desire that the County, through deployment of its Road & Bridge workforces, perform such services, the County shall prepare a written and detailed proposal for the City’s consideration and approval, indicating all work to be performed by the County, and at what costs and expense to the City. Before any such work commences on a project, the City and the County must have a clear and mutual understanding of the scope of services and/or funding to be provided by the County and the City, describe the type of project to be undertaken; identify the project’s location; the costs associated with such project; and be approved by the Commissioners Court of the County. Said mutual understanding between the County and the City shall be evidenced by written documentation in a document other than the interlocal agreement, i.e. in a Project Specific Agreement, which shall only be binding once approved by the Commissioners Court of County and the governing body of the City. The County may not accept and the City may not offer payment for a project undertaken without approval of the Commissioners Court of the County and the governing body of the City, and shall only be binding once approved by the County and the governing body of the City. For all projects wherein the County is obligated to provide improvements and/or maintenance services, once approved by the Commissioners Court of the County and immediately upon the County’s commencement of work duly authorized by them, the City shall set aside, segregate MASTER ILA for Road & Bridge 2022 6 and escrow for the County’s benefit, the total estimated amount of the project for each project undertaken. County may elect to bill against segregated funds on a monthly basis for services performed during the course of the month, or it may bill against the segregated funds in full once a project is completed. In either event, the County shall be paid promptly, and in full once the project is completed. Where required by the nature of the projects undertaken, the City, at its own expense, shall be responsible for the following: (1) informing the public of the proposed improvements, maintenance or construction activity regarding the project; (2) acquiring any right-of-way necessary to complete the project under consideration; (3) locating all manholes, water valves, and other utilities within the project; (4) making or causing to be made, all utility relocations or adjustments necessary for the execution and completion of the project; (5) remediating any hazardous or regulated materials, or other environmental hazards on or near the project site; and (6) where necessary, providing appropriate traffic control support, including but not limited to flagging, cones, barricades, shadow vehicles, arrow boards, signage, police presence, etc., to enable the project to be completed in a timely and safe manner. City agrees to accomplish these functions, if required by the project under consideration, in a timely and efficient manner to ensure that such activity will not delay the County’s timely performance of its improvements and/or maintenance activities. City agrees to permit the County, at the County’s expense, to conduct routine special studies of traffic conditions within the City, which studies may include traffic counts, measurements of speeds, delays, congestion, etc. City agrees to comply with Chapter 251 of the Tex. Transp. Code Ann. (West 1995) and the current Dallas County Code, (1-19-2021, Chapter 102 Road and Bridge District, Article III, Section 102-71 through Section 102-107, regarding road/street names/address policy and guidelines. This Master Agreement references the most current edition of the Dallas County Code. Amendments, updates, additions, or supplements may be issued by Dallas County, which may be provided to the City on an as-needed basis, during the term of this Master Agreement. ARTICLE VIII. COUNTY’S CONTRIBUTION For all projects contemplated hereunder, the County shall contribute as follows: 1. For “Type A” roadways and bridges, the County shall be responsible for one hundred percent (100%) of the funding and payment for the roadway and bridges improvements and/or maintenance services. 2 For all duly qualified “Type B” and “Type C” roadway projects, the County shall contribute an amount not to exceed fifty percent (50%) of the total actual project costs, which contribution may be through pledge and commitment of County Road and Bridge funds, use of County Road and Bridge personnel and/or equipment, or a combination of the two. 3 For “Type E” roadway projects and all other duly qualified projects, the County’s MASTER ILA for Road & Bridge 2022 7 contribution hereunder shall be limited solely to supplying labor, materials and/or equipment necessary to provide improvements and/or maintenance services, all of which shall be provided at the City’s, or another funding source’s, expense at one hundred percent (100%). ARTICLE IX. COUNTY’S OBLIGATIONS County shall not undertake performance of any project hereunder, until such time as same has been specifically approved per the protocols set forth in Article I. as listed above and incorporated herein by reference. Once so approved, if called upon to do so, the County shall perform all services contemplated hereunder in a good and workmanlike manner. Further, the County shall not assign its rights, or delegate its duties and obligations hereunder to any third party without prior written approval of the City and formal approval by the governing body of each party. Nothing herein shall be construed to prohibit the County from using subcontractors, where reasonably necessary, to aid in the completion of projects. Should the County, in executing any project contemplated hereunder, encounter adverse conditions unforeseen by the City or the County, the County shall immediately bring same to the attention of the City, and await direction and guidance from the City on the resolution of same. Where reasonably required by nature of the unknown condition, the County may cease performance hereunder until such time as adverse conditions are rectified or remedied by the City, and such delay shall not constitute a material breach of this Master Agreement. ARTICLE X. FISCAL FUNDING Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon the availability of County funding for each item and obligation contained herein. City shall have no right of action against the County as regards this Master Agreement, specifically including any funding by County of the Project in the event that the County is unable to fulfill its obligations under this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Master Agreement or failure of any funding party to budget or authorize funding for this Master Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this Master Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791 of the Texas Government Code. Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon the availability of City funding for each item and obligation contained herein. County shall have no right of action against the City as regards this Master Agreement, specifically including any funding by City of the Project in the event that the City is unable to fulfill its obligations under this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Master Agreement or failure of any funding party to budget or authorize funding for this Master Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City, at its sole discretion, may provide funds from a separate source or terminate this Master MASTER ILA for Road & Bridge 2022 8 Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791 of the Texas Government Code. ARTICLE XI. ORPHAN ROAD POLICY A. Orphan road shall mean all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality/municipalities and the incorporated area of the municipality/municipalities abuts or extends into the right-of-way. Type “A” improvements and maintenance of roads and bridges located within the unincorporated portions of the County that are on public right-of-way, which includes roads within court-approved subdivisions in which the improvements and rights-of-way have been dedicated to the county and accepted by the County’s Commissioners Court. These roadway segments have, in effect, been “orphaned” by the abutting City (or cities) that they serve in that they have been left unincorporated. Thus, the County has primary responsibility for maintenance, operation, enforcement, police and/or emergency services within these unincorporated rights-of-way. B. The County encourages all Cities adjacent to orphan roads in the County to develop, commit to and submit a plan to the County for completing the annexation of the orphan road segments and assuming full responsibility for these roadways. In instances where two cities abut the same orphan road segment, the County encourages the two cities to jointly develop a plan for the annexation of that segment. The County offers its assistance to the cities in developing such plans. C. The County, at the discretion of the Commissioners Court, may give additional selection value to projects in Cities that have submitted a specific plan for the annexation of orphan roads when the County selects, approves, and schedules projects for road and bridge district participation in funding (“Type B” work). Such preference may also be given in approving projects for funding in the County’s major capital improvement program (“MCIP”). D. The County, at the discretion of the Commissioners Court, may also refuse to participate in discretionary projects, such as road and bridge district projects or MCIP projects, in a City that elects not to pursue the annexation of orphan road segments that abut its boundaries. Failure to notify the County of the City’s intent to annex and/or failure to submit a plan for annexation in a timely manner shall be construed by the County as the City’s election not to pursue annexation. E. The County, at the discretion of the Commissioners Court, may select specific orphan road segments for improvement when a City commits to annexation of the segment upon completion of the project. However, the specific plan for annexation of orphan roads submitted by the City will not be limited to annexation upon completion of improvements by the County. The County improvements may be made as road and bridge projects or as MCIP Projects (subject to other MCIP criteria, including but not limited to the Regional Thoroughfare Plan for North Central Texas Council of Governments and the Dallas County Mobility Plan designation and City cost participation). F. This policy application is prospective and projects selected by the County and approved by the Commissioners Court prior to the date of the adoption of this policy shall not be MASTER ILA for Road & Bridge 2022 9 impacted by this policy. G. The County shall provide written notification of the adoption of, and future revisions of, this policy to the cities abutting orphan road segments. H. The Director of the County’s Public Works Department shall maintain a listing of orphan roads and the city or cities they abut and shall provide updates to the Commissioners Court and to the cities as changes occur. The listing and changes to the listing shall be based on municipal boundary and annexation information provided to the County’s Public Works Department by the cities as required by Tex. Loc. Gov’t Code, § 242.001(c). I. The provisions of this Article XI of this Master Agreement shall survive the termination of this Master Agreement. (Dallas County Code, Chapter 102, Article IV, Sec. 102-131 - 102-133, 1-19-2021). ARTICLE XII. SMALL WATERSHED DAMS Small watershed dam/dams shall mean floodwater retarding structures that were constructed by the United States Department of Agriculture (“USDA”) Natural Resources Conservation Service (“NRCS”), formerly named the Soil Conservation Service (“SCS”), in watersheds less than 250,000 acres under the authority of the Flood Control Act of 1944 and the Watershed Protection and Flood Prevention Act of 1954. These structures typically have earthen embankments with principal and auxiliary spillways. The County encourages all cities/towns adjacent to small watershed dams maintained by the County to develop, commit to and submit a plan to the County for assuming full responsibility for the operations and maintenance of these dams. In instances where more than one City abuts a small watershed dam, the County encourages the cities/towns to develop a plan for operation and maintenance of the dam. The County offers its assistance to the cities/towns in developing such plans. A. The County, at the discretion of the Commissioners Court, may refuse to participate in road and bridge district projects or MCIP projects in a City that elects not to pursue accepting full responsibility for the operations and maintenance of small watershed dams within their jurisdiction. Failure to notify the County of the City’s intent to submit a plan for operations and maintenance of small watershed dams in a timely manner shall be construed by the County as the City’s election not to pursue operations and maintenance of these dams. B. Projects selected by the County and approved by the Commissioners Court prior to the Effective Date of the adoption of this policy, shall not be impacted by this policy. C. The County shall provide written notification of the adoption of, and future revisions of, this policy to the cities abutting small watershed dams. D. The provisions of this Article XII shall survive the termination of this Master Agreement. MASTER ILA for Road & Bridge 2022 10 ARTICLE XIII. MISCELLANEOUS PROVISIONS A. Applicable Law and Venue. This Master Agreement and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas. Exclusive venue for any legal action regarding this Master Agreement and all matters pertinent thereto filed by either the County or the City shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this Master Agreement is expressly made subject to the County’s and the City’s governmental and/or sovereign Immunity, pursuant to Title 5 of Texas Civil Practice and Remedies Code, and all applicable State of Texas and federal laws. B. Entire Agreement. This Master Agreement constitutes the entire agreement between the parties respecting the subject matter contained herein, and supersede all prior and contemporaneous understandings and agreements, whether oral or in writing, between the parties respecting the same, and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. C. Severability. If one or more provisions in this Master Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this Master Agreement to be invalid, illegal or unenforceable, but this Master Agreement shall be construed as if such provision had never been contained herein, and shall not affect the remaining provisions of this Master Agreement, which shall remain in full force and effect. D. Amendment. This Master Agreement may be supplemented and/or amended at any time through the mutual consent of both the County and the City. Any supplement or amendment must be in writing and approved by the parties’ respective governing bodies through either a Court Order from the Commissioners Court of the County or a Resolution from the City Council. E. Notice. All notices, requests, demands, and other communication under this Master Agreement shall be tendered in writing and shall be deemed to have been duly given when either delivered in person, or via certified mail, postage prepaid, return receipt requested to the respective parties as follows: COUNTY: Director of Public Works Records Building 500 Elm Street, Suite 5300 Dallas, Texas 75202 CITY: __________________________________ __________________________________ __________________________________ __________________________________ Either party may change its address for notice by giving the other party written notice thereof. MASTER ILA for Road & Bridge 2022 11 F. Counterparts. This Master Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. G. Headings. The headings and titles used herein are for sake of convenience only, and are not intended to affect the interpretation or construction of such provisions. H. Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Master Agreement does not preclude pursuit of other remedies in this Master Agreement or as provided by law. I. Assignment. This Master Agreement may not be assigned or transferred by either party without the prior written consent of the other party and formal approval by the governing body of each party. J. Binding Agreement, Parties Bound. When this Master Agreement has been duly executed and delivered by both parties, this Master Agreement shall constitute a legal, valid, and binding obligation of the parties, their successors, and permitted assigns. K. Number and Gender. Words of any gender used in this Master Agreement shall be held and construed to include any other gender, and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. L. Effective Date. This Master Agreement becomes effective when signed by the last party whose signing makes the respective Master Agreement fully executed (the “Effective Date”). M. No Joint Enterprise/Venture. City and County agree that neither party is an agent, servant, or employee of the other party. The parties, including their agents, servants, or employees, are independent contractors, and not an agent, servant, joint enterprise/venture, or employee of any other party, and are responsible for their own acts, forbearance, negligence, and deeds, and for those of their agents, servants, or employees in conjunction with this Master Agreement. No joint enterprise/venture exists between the City and County. N. Contingent. This Master Agreement is expressly contingent upon formal approval by the Commissioners Court of Dallas County and the governing body of the City of Coppell, Texas. (the remainder of this page intentionally left blank) MASTER ILA for Road & Bridge 2022 12 MASTER ILA for Road & Bridge 2022 13 The City of Coppell, State of Texas, has executed this Master Agreement pursuant to duly authorized City Council Action on the _____ day of __________________, 2022. The County of Dallas, State of Texas, has executed this Master Agreement pursuant to Commissioners Court Order Number ___________ and passed on the ____day of ___________, 2022. CITY OF COPPELL: COUNTY OF DALLAS: ___________________________________ ___________________________________ MIKE LAND CLAY LEWIS JENKINS CITY MANAGER COUNTY JUDGE Date: _______________________ Date: _______________________ ATTEST: ___________________________________ ASHLEY OWENS CITY SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM:* JOHN CREUZOT DISTRICT ATTORNEY ___________________________________ ___________________________________ Robert E. Hager Jana Prigmore Ferguson City Attorney Assistant District Attorney *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6644 File ID: Type: Status: 2022-6644 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 12/01/2022File Created: Final Action: Scada PLC Services ContractFile Name: Title: Consider approval to enter into professional engineering services agreement with Plummer Associates, Inc. for programming and configuration services of Supervisory Control and Data Acquisition system and Programming Logic Controls at City’s water and wastewater facilities, as budgeted through Water and Sewer undesignated retained earnings, in the amount of $108,100.00; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Exhibit A - Scope and Fee.pdf, Professional Services Contract.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6644 Title Consider approval to enter into professional engineering services agreement with Plummer Associates, Inc. for programming and configuration services of Supervisory Control and Data Acquisition system and Programming Logic Controls at City’s water and wastewater facilities, as budgeted through Water and Sewer undesignated retained earnings, in the amount of $108,100.00; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $108,100.00, funded through Water and Sewer undesignated retained earnings. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6644) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Kumar Gali, P.E., Assistant Director of Public Works Kent Collins, P.E., Director of Public Works Date: December 13, 2022 Reference: Consider approval to enter into professional engineering services agreement with Plummer Associates, Inc. for programming and configuration services of Supervisory Control and Data Acquisition system and Programming Logic Controls at City’s water and wastewater facilities, as budgeted through Water and Sewer undesignated retained earnings, in the amount of $108,100.00; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to seek approval from City Council for professional engineering services agreement with Plummer Associates, Inc for programming and configuration of Supervisory Control and Data Acquisition (SCADA) system and Programming Logic Controls (PLC) at various City’s water and wastewater facilities. Background: Public Works uses SCADA system daily for operations of water and wastewater facilities. The system is also used for monitoring and collecting the performance data from pumps, motors, level detectors, chemical analyzers, and standby generators. This performance data will be used for scheduling annual maintenance or for replacement of the equipment. SCADA system also sends out alerts and warnings to operations staff regarding any equipment malfunction. As part of the existing Sandy Lake Lift Station reconstruction project, Felix Construction is installing new SCADA system and PLC equipment at various City’s water and wastewater facilities. Plummer Associates will program and configure the PLC equipment at various City’s water and wastewater facilities per daily operations and monitoring requirements. Plummer Associates will also perform PLC data mapping to support SCADA monitoring and alarming. The system will be developed to 2 comply with Texas Commission on Environmental Quality (TCEQ) requirements for alarming and remote notifications, to assist in reduction of possible violations. Benefit to the Community: The community expects safe and efficient water supply and sewer collection services through application of “Smart City” resource management. The services in this contract will allow Public Works staff to make proactive decisions on maintenance and replacement schedules and address equipment malfunctions immediately. Historical data collection will allow for documenting key measurements and will also allow for improved forecasting. Legal Review: The City Attorney has reviewed and approved the standard professional services contract. Fiscal Impact: The fiscal impact of this agenda item is $108,100.00, funded through Water and Sewer undesignated retained earnings. Recommendation: The Public Works Department recommends approval of this contract. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 A - 1 Plummer Associates, Inc. Exhibit A City of Coppell Programming and Configuration Services Scope of Services BACKGROUND The scope of services described below includes programming and configuration services to the City of Coppell in support of the Sandy Lake Station and Control Improvements Project. Sandy Lake Lift Station Improvements The Sandy Lake Lift station will have a new Programmable Logic Controller (PLC) and new radio telemetry installed in the location of the existing unit. The radio will have to be configured and added to a new ethernet network. Control of the Isolation gates will also need to be setup with programming in the PLC. Scope of Services: The PLC will need to be programmed for lift station level control and monitoring/alarm functions. Other functions included in the scope of work are the PLC logic for electric power monitoring, ATS/Generator sequencing, individual soft starter motor controls. Also, new signals that are brought back from the metering vault and the odor control panel will need to be setup in the PLC. Deforest Lift Station The Deforest Lift Station will have a new PLC installed as part of the upgrades, including a new ethernet radio. The replacement PLC will be installed in the existing control panel along with the radio. Existing signals will need to be re-terminated on the PLC Input/Outputs (I/O) and new signals for the new motor starters, generator control panel and Automatic Transfer Switch (ATS) will also be terminated. In addition, 3 power meters will be installed and will need to be setup in the system. Scope of Services: The PLC will need to be setup to bring the existing and new monitoring and control signals into program memory scaled appropriately, and then used in the program logic to control the pump starters. Pump control logic will need to be programmed into the PLC. Also, a power monitor and ATS/Generator sequencing logic will need to be incorporated for emergency power conditions. Finally, data will need to be made available to the SCADA system over the ethernet radio system. The ethernet radio will need to be configured and added to the new ethernet network. Wagon Wheel Storage Tank The Wagon Wheel storage tank will have a new PLC installed as part of the upgrades, including a new ethernet radio. The replacement PLC will be installed in the existing PLC cabinet along with the new radio. Also the tank mixing system will be integrated into the PLC as well. Scope of Services: The PLC will need to be setup to bring the tank level signal into program memory and scaled appropriately, and then made available to the SCADA system through the radio system. The tank mixing system will be integrated into the PLC as well. The ethernet radio will need to be configured and added to the new ethernet network. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 A - 2 Plummer Associates, Inc. Southwestern Storage Tank The Southwestern storage tank will have a new PLC installed as part of the upgrades, including a new ethernet radio. The replacement PLC will be installed in the existing PLC panel along with the ethernet radio. The tank level sensor will need to be incorporated into the PLC as well as the tanks mixing system. Scope of Services: The PLC will need to be setup to bring the tank level signal into program memory and scaled appropriately, and then made available to the SCADA system through the radio system. The tank mixing system will be integrated into the PLC as well. The ethernet radio will need to be configured and added to the new ethernet network. McInnish Park (TRA Metering Vault) The McInnish metering vault will have a new PLC cabinet installed as part of the upgrades, which will also include a new ethernet radio. The replacement PLC will be installed in a new control panel along with the radio and will be mounted on the existing switch rack. Scope of Services: The PLC will need to be setup to bring the TRA Flowmeter signal into program memory and scaled appropriately, and then made available to the SCADA system through the radio system. The ethernet radio will need to be configured and added to the new ethernet network. Cypress Waters (TRA Metering Vault) The Cypress Waters metering vault will have a new PLC cabinet installed as part of the upgrades, which will also include a new ethernet radio. The replacement PLC will be installed in a new control panel along with the radio. And will be mounted on the existing switch rack. Scope of Services: The PLC will need to be setup to bring the TRA Flowmeter signal into program memory and scaled appropriately, and then made available to the SCADA system through the radio system. The ethernet radio will need to be configured and added to the new ethernet network. Andrew Brown Park (Wastewater Flow Meter) The Andrew Brown Park wastewater metering vault will have a new PLC cabinet installed as part of the upgrades, which will also include a new ethernet radio. The replacement PLC will be installed in a new control panel along with the radio and will be mounted on a new switch rack. Scope of Services: The PLC will need to be setup to bring the TRA Flowmeter signal into program memory and scaled appropriately, and then made available to the SCADA system through the radio system. The ethernet radio will need to be configured and added to the new ethernet network. Mockingbird Lane (Wastewater Flow Meter) The Mockingbird Lane wastewater metering vault will have a new PLC cabinet installed as part of the upgrades, which will also include a new ethernet radio. The replacement PLC will be installed in a new control panel along with the radio and will be mounted on a new switch rack. Scope of Services: The PLC will need to be setup to bring the flowmeter signal into program memory and scaled appropriately, and then made available to the SCADA system through the radio system. The ethernet radio will need to be configured and added to the new ethernet network. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 A - 3 Plummer Associates, Inc. Village Parkway Distribution and Control System The Village Parkway Pump Station will receive several upgrades, including ethernet power monitoring for the medium voltage gear and MCC lineup as well as ethernet monitoring of the weather station. The existing control panel will be consolidated, and a new termination panel will be installed where the existing panel is located. A new control panel will be installed with PLC and ethernet radio in the existing electrical room. A new server cabinet will also be installed in the electrical room near the control cabinet, with new switches, servers and remote access hardware. The weather system will have an ethernet module added and a connection will be routed to the server cabinet. Scope of Services: Scope of service includes PLC programming to bring in the two medium voltage ethernet power meters and one MCC power meter. Also existing and new signals from the Distribution pump controls (for SCADA monitoring) will need to be added to the PLC programs. The ethernet switches will need to setup to maintain network isolation between the IT network and the OT network and a remote access technology utilizing a Virtual Private Network (VPN) will also be furnished. Additionally, Plummer will be procuring and assisting in the configuration of a Human Machine Interface (HMI) software package that provides historical data collection, refined trending, and secure remote access. Plummer will develop a tag database and a network architecture to support future plant growth and will assist in the configuration and programming of local controllers that will provide visualization of remote instrumentation and will include a pressure monitoring system that is much easier for operations staff to access. Basic Services: Basic Services provided by the Engineer shall generally be covered under the following tasks: 1. Configuration Services 2. Project Management and Quality Control The specific activities for each task are identified in the following sections. 1. Configuration Services 1.1. PLC Programming 1.1.1. Sandy Lake Lift Station 1.1.1.1. The Engineer will develop and test a PLC program for the Sandy Lake Lift Station and including PLC data mapping to support SCADA monitoring and control. 1.1.1.2. The Engineer will program the PLC with generator controls providing for equipment delay start timer and other ATS/Genset programming to prevent overloading of the generator after a power failure and provide monitoring information to SCADA. 1.1.1.3. The Engineer will program the PLC will develop the Wetwell level control system programmed to start/stop pumps at operator set levels. 1.1.1.4. The Engineer will program the PLC to capture the real-time values of the power monitors over ethernet and make them available to the HMI system. 1.1.1.5. The Engineer will program the PLC to control the pump soft starters over ethernet and integrate controls with the level controller. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 A - 4 Plummer Associates, Inc. 1.1.1.6. The Engineer will program the PLC to capture the real-time values in the flowmeter vault, including the flow signal, the pressure signal, and High Level switch. 1.1.1.7. The Engineer will program the PLC to monitor the Odor Control Unit and make the data available to the HMI. 1.1.1.8. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.1.2. Deforest Lift Station 1.1.2.1. The Engineer will develop and test a PLC program for the Deforest Lift Station including PLC control and data mapping to support SCADA monitoring and alarming. 1.1.2.2. The Engineer will program the PLC with generator controls providing for equipment delay start timer and other ATS/Genset programming to prevent overloading of the generator after a power failure and provide monitoring information to SCADA. 1.1.2.3. The Engineer will program the PLC will develop the Wetwell level control system programmed to start/stop pumps at operator set levels. 1.1.2.4. The Engineer will program the PLC to capture the real-time values of the power monitors over ethernet and make them available to the HMI system. 1.1.3. Wagon Wheel Water Storage Tank 1.1.3.1. The Engineer will develop and test a PLC program for the Wagon Wheel Elevated Storage Tank and including PLC data mapping to support SCADA monitoring and alarming. 1.1.3.2. The Engineer will program the PLC to capture the real-time values of the tank level and make them available to the HMI system. 1.1.3.3. The Engineer will program the PLC to monitor the tank mixing system and make them available to the HMI system. 1.1.3.4. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.1.4. Southwestern Water Storage Tank 1.1.4.1. The Engineer will develop and test a PLC program for the Southwestern Storage Tank and including PLC data mapping to support SCADA monitoring and alarming. 1.1.4.2. The Engineer will program the PLC to capture the real-time values of the tank level and make them available to the HMI system. 1.1.4.3. The Engineer will program the PLC to monitor the tank mixing system and make them available to the HMI system. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 A - 5 Plummer Associates, Inc. 1.1.4.4. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.1.5. McInnish Park (TRA Meter Vault) 1.1.5.1. The Engineer will develop and test a PLC program for the McInnish Park and including PLC data mapping to support SCADA monitoring and alarming. 1.1.5.2. The Engineer will program the PLC to capture the real-time values of the three (3) flow meter signals and make them available to the HMI system. 1.1.5.3. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.1.6. Cypress Waters (TRA Meter Vault) 1.1.6.1. The Engineer will develop and test a PLC program for the McInnish Park and including PLC data mapping to support SCADA monitoring and alarming. 1.1.6.2. The Engineer will program the PLC to capture the real-time values of the three (3) flow meter signals and make them available to the HMI system. 1.1.6.3. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.1.7. Andrew Brown Park 1.1.7.1. The Engineer will develop and test a PLC program for the Andrew Brown Park including PLC data mapping to support SCADA monitoring and alarming. 1.1.7.2. The Engineer will program the PLC to capture the real-time values of the single (1) wastewater flow meter signal and make it available to the HMI system. 1.1.7.3. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.1.8. Mockingbird Lane 1.1.8.1. The Engineer will develop and test a PLC program for the Mockingbird Lane including PLC data mapping to support SCADA monitoring and alarming. 1.1.8.2. The Engineer will program the PLC to capture the real-time values of the single (1) wastewater flow meter signal and make it available to the HMI system. 1.1.8.3. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.1.9. Village Parkway Pump Station 1.1.9.1. The Engineer will develop and test a PLC program for the Village Parkway Station and including PLC data mapping to support SCADA monitoring and alarming. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 A - 6 Plummer Associates, Inc. 1.1.9.2. The Engineer will develop and test PLC programming to enable the site-to- site radio communications polling logic between the Village Head-End site and all of the other remote radio sites. a. The Head End site will poll individual radio sites for their respective data. b. The Head End site will capture communications information and will alarms to the HMI if there are communication timeouts. 1.1.9.3. The Engineer will program the PLC to capture the real-time values of the existing pump station signals and make them available to the HMI system. 1.1.9.4. The Engineer will program the PLC to capture the data from the two (2) medium voltage power meters and the one (1) MCC signal and make them available to the HMI system. 1.1.9.5. The Engineer will program the PLC to capture the pump monitoring and alarm signals and make them available to the HMI system. 1.1.9.6. The Engineer will bring the data from the ethernet weather station from the station to the IT switch. 1.1.9.7. The Engineer will configure the ethernet radio and join it to the new radio communications network. 1.2. Server Cabinet and Network Configuration 1.2.1. Network Cabinet 1.2.1.1. The Engineer will configure the managed ethernet switches in the server cabinet a. The IT switch will be configured to operate on the City LAN. b. The Control System Switch will be configured to operate on a separate and distinct network on the OT network (PLC network). c. A Remote Access Solution (eWon VPN) will be installed for secure HMI and PLC updates. 1.3. VTSCADA Configuration 1.3.1. The Engineer shall install VTSCADA and SQL Database and perform the base configuration of the software components. 1.3.2. The Engineer will with assistances from plant staff, develop and plant tag (I/O) database that will be the foundation for future development of the plant and water distribution system. 1.3.3. The Engineer will develop menu and navigation templates. 1.3.4. The Engineer will develop a overview screens. The engineer will develop detail operating screens for the equipment as well as a Distribution system overview for the storage tanks and water meters. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 A - 7 Plummer Associates, Inc. 1.3.5. The engineer will also develop control screens to allow setpoint changes for PLC control and alarm functions. 1.3.6. The Engineer will develop a communications status screen to show the radio communications status, showing radio comms success and failure counts 1.3.7. The Engineer will develop and configure system security and log-in. 1.3.8. The Engineer shall provide initial configuration of the historical database with preliminary reports to assist the CITY to produce Monthly Operating Reports (MOR). 1.4. Programming Code Review and Assistance 1.4.1. The Engineer shall review existing PLC controller code and HMI configuration written by our team members. 1.5. System Documentation 1.5.1. The Engineer shall provide final system documentation of the HMI system, including software listings and databases, software graphics, configuration files on CD-ROMS. 2. Project Management and Quality Control 2.1. Provide project management for activities described under Basic Services. Project management shall include developing and implementing a project management plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget and deliverables; preparing and processing monthly billings; providing labor resources necessary to fulfill scoped work; scheduling and participating in quality control reviews; and providing updates to the Owner on a regular basis. 2.1.1. The Engineer shall coordinate efforts on project tasks identified above. 2.1.2. The Engineer shall prepare a common monthly invoice. 3. Schedule 3.1. The time period for performance of Programming and Configuration services identified under Basic Services as detailed above shall be completed within 120 days after the execution date of this Agreement. Implementation and Cutover activities will be coordinated and scheduled with the construction contract schedule. 4. Special Services 4.1. Special Services incidental to the Project, but not included within the scope of Basic Services covered above, which may be performed or arranged for separately by the Owner or may be added to the Engineer’s responsibilities by mutual agreement and written authorization. At this time, no Special Services are included in the scope of work. 5. Additional Services 5.1. Additional Services are those services not included in General Services that may be required for the Project but cannot be defined sufficiently at this time to establish a Scope of Work. At this time, no Additional Services are included in the scope of work. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 B - 1 Plummer Associates, Inc. Exhibit B Compensation 1. Basic Services of Engineer Owner shall pay Engineer for Basic Services of Engineer rendered for “Scope of Services” as provided in this agreement. Fees shall be paid per Article 7 of the General Terms and Conditions. Compensation for the following Services actually completed shall be paid as shown below: Activity Task Description Fee Ceiling Payment Terms BASIC SERVICES Lump Sum 1 Configuration Services $89,600 2 Project Management $18,500 TOTAL FEE $108,100 Cost reimbursable compensation shall be based on Engineer’s personnel time at Engineer’s hourly labor rates attached hereto as Table B -1 Hourly Rate Schedule for Professional Services. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Basic Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. 2. Additional Services of Engineer Owner shall pay Engineer for Additional Services of Engineer rendered for “Scope of Services” as provided in this agreement. Fees shall be paid per Article 7 of the General Terms and Conditions. Cost reimbursable compensation shall be based on Engineer’s personnel time at Engineer’s hourly labor rates attached hereto as Table B -1 Hourly Rate Schedule for Professional Services. All direct expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the Additional Services of Engineer, shall be paid at invoice or internal office cost plus a fifteen percent (15%) service charge. Subcontract expenses shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to Engineer's compensation when invoicing Owner. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 B - 2 Plummer Associates, Inc. 3. Definitions Direct Labor Cost: Salaries and wages paid to Engineer's personnel engaged directly on the Project, but do not include indirect costs, insurance costs, fringe benefits, overhead or profit. Direct Labor Cost is subject to annual calendar year adjustments. Hourly Labor Rates: Direct Labor Cost plus a percentage applied to all such wages or salaries to cover payroll taxes, insurance premiums, benefits and all other overhead or profit. Direct Expenses: All expenses incurred directly by the Engineer. These may include transportation costs, travel, meals, lodging, laboratory testing and analyses, telecommunication, computer services, document reproduction and processing, all direct expenses associated with outside consultants, and any other direct expense incurred by the Engineer. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 B - 3 Plummer Associates, Inc. ATTACHMENT A PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2022 Staff Description Staff Code 2022 Rate Admin Staff A1 – A2 $ 90.00 Admin Staff III A3 $ 95.00 Senior Admin Staff A4 $ 100.00 Designer/Technician C1-C2 $ 90.00 Designer/Technician III C3 $ 120.00 Senior Designer/Technician C4 $ 140.00 Construction Manager in Training (CMIT) CM1 $ 115.00 Construction Manager in Training II CM2 $ 125.00 Construction Manager in Training III CM3 $ 140.00 Construction Manager IV CM4 $ 145.00 Construction Manager V CM5 $ 175.00 Construction Manager CM6 $ 215.00 Senior Construction Manager CM7 $ 240.00 Principal Construction Manager CM8 $ 260.00 Resident Project Rep. I RR1 $ 80.00 Resident Project Rep. II RR2 $ 110.00 Resident Project Rep. III RR3 $ 130.00 Lead Resident Project Rep. RR4 $ 135.00 Field Tech I LS1 $ 80.00 Field Tech II LS2 $ 95.00 Survey Specialist I LS3 $ 105.00 Survey Specialist II LS4 $ 115.00 Survey Analyst LS5 $ 135.00 Chief of Parties LS6 $ 150.00 Engineer/Scientist Intern ES0 $ 60.00 Engineer-in-Training/Scientist-in-Training ES1 $ 115.00 Engineer-in-Training/Scientist-in-Training II ES2 $ 125.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 140.00 Project Engineer/Scientist ES4 $ 145.00 Senior Project Engineer/Scientist ES5 $ 175.00 Project Manager ES6 $ 215.00 Senior Project Manager ES7 $ 240.00 Principal I ES8 $ 305.00 Principal II ES9 $ 320.00 Electrical Engineer in Training I EE1 $ 95.00 Electrical Engineer in Training II EE2 $ 120.00 Electrical Engineer in Training III EE3 $ 135.00 Electrical Specialist EE4 $ 145.00 Programmer EE5 $ 175.00 Programmer II EE6 $ 200.00 Senior Electrical Engineer EE7 $ 280.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.15 will be applied to all direct expenses A technology charge will be billed at $5 per labor hour. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 C - 1 Plummer Associates, Inc. Exhibit C Insurance Engineer shall maintain the following minimum insurance for the duration of the Project: I. Workers Compensation and Employer’s Liability: Workers Compensation: Statutory Limits Employer’s Liability: Bodily Injury by Accident $ 1,000,000 Each Accident Bodily Injury by Disease $ 1,000,000 Each Employee Bodily Injury by Disease $ 1,000,000 Policy Limit Required Endorsements: Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. II. General Liability; Products - Completed Operations Coverage and Contractual Liability: General Each Occurrence: $ 1,000,000 General Aggregate: $ 2,000,000 Personal and Advertising Injury: $ 1,000,000 Products – Comp/Op Aggregate: $ 2,000,000 Required Endorsements: Additional Insured: Additional insured status shall be provided in favor of the Owner Parties on ISO forms CG 20 10, CG 2026 or an equivalent approved by the Owner Primary and Non-Contributing Liability: It is the intent of the parties to this Contract that all insurance coverage required herein shall be primary to and shall seek no contribution from all insurance available to Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. This CGL coverage shall be endorsed to provide such primary and non- contributing liability coverage. Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. III. Umbrella Liability: Umbrella Each Occurrence: $ 4,000,000 Umbrella Aggregate: $ 4,000,000 Required Endorsements: Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. Agreement for Professional Services Plummer Project No. 0816-010-O-0380 C - 2 Plummer Associates, Inc. IV. Automobile Liability: Owned, Hired, and Non-Owned Vehicles: Combined Single Limit: $ 1,000,000 Each Accident Required Endorsements: Notice of Cancellation – as required by Section 6 below. Waiver of Subrogation – as required by Section 7 below. V. Professional Liability: Professional Liability Limit: $ 2,000,000 Per Claim/Annual Aggregate VI. Notice of Cancellation or Reduction by Endorsement in Coverage: In the event of cancellation or reduction by endorsement in coverage or a non-renewal affecting the Owner, thirty (30) days prior written notice shall be given to the certificate holder. VII. Waiver of Subrogation: Engineer hereby agrees to waive its rights of recovery from Owner with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner on all insurance coverage carried by the Engineer, whether required or not (except Engineer’s professional liability insurance). VIII. Evidence of Insurance: Certificates of Insurance shall be attached hereto. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/13/2022 Risk Strategies 12801 North Central Expy. Suite 1725 Dallas, TX 75243 (214) 323-4602 (214) 503-8899 XL Specialty Insurance Company 37885 Hartford Underwriters Insurance Company 30104 Hartford Accident and Indemnity Company 22357 Hartford Insurance Co of the Midwest 37478 B 1,000,00084SBWAH8X079/30/2021 9/30/2022 1,000,000 3 10,000 3 1,000,000 3 XCU Coverage 2,000,000 3 Contractual Liability 2,000,0003 Valuable Papers 500,000 C 84UEGAC4597 9/30/2021 9/30/2022 1,000,000 3 3 3 3 B 84SBWAH8X07 9/30/2021 9/30/2022 5,000,00033 5,000,000 3 10,000 D 84WEGAS4E8D 5/13/2022 5/13/2023 3 1,000,000N 1,000,000 1,000,000 A Professional Liability DPR9993421 5/9/2022 5/9/2023 Per Claim $3,000,000 Pollution Liability Annual Aggregate $3,000,000 Joe Bryant Joe Bryant certificatedallas@risk-strategies.com Plummer Associates, Inc. 1320 South University Drive Ste. 300 Fort Worth TX 76107 68727199 3 3 33 3 3 3 3 to a deductible. Thirty (30) day notice of cancellation in favor of certificate holder on all policies. subrogation is shown in favor of the additional insured on all policies as required by written contract. The general liability coverage is primary and City of Coppell Attn: Kumar Gali 265 E. Parkway Blvd. Coppell TX 75019 The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject City of Coppell and Owner Parties are named additional insured on the General Liability coverage as required by written contract. A waiver of non-contributory. (Contd....) 3 68727199 | 22/23 GL/AL/UL/WC/PL | Patra | 6/14/2022 2:12:15 AM (EDT) | Page 1 of 8 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Re: Plummer #0816-010-O-0380 Sandy Lake Station and Control Improvements Risk Strategies Plummer Associates, Inc. 1320 South University Drive Ste. 300 Fort Worth TX 76107 25 Certificate of Liability (03/16) ADDENDUM HOLDER: ADDRESS: City of Coppell Attn: Kumar Gali 265 E. Parkway Blvd. Coppell TX 75019 68727199 | 22/23 GL/AL/UL/WC/PL | Patra | 6/14/2022 2:12:15 AM (EDT) | Page 2 of 8 PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 4 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COPPELL, TEXAS, AND PLUMMER ASSOCIATES, INC. FOR THE PROGRAMMING AND CONFIGURATION SERVICES This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the City of Coppell, Texas, a municipal corporation, duly authorized to act by the City Council of said City, hereinafter called “City,” and Plummer Associates, Inc., a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to City. City and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, City desires to obtain professional engineering services in connection with the PROGRAMMING AND CONFIGURATION SERVICES, hereinafter called “Project”; For the mutual promises and benefits herein described, City and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the City understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. City agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of One hundred and eight thousand, one hundred dollars ($108,100) for the Project as set forth and described in Exhibit B – Compensation and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub -consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to City for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 4 expenses incurred, if any, and City shall endeavor to make prompt payments. Each statement submitted by Consultant to City shall be reasonably itemized to show the amount of work performed during that period. If City fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to City, suspend professional services until paid. Nothing contained in this Agreement shall require City to pay for any work that is unsatisfactory as reasonably determined by City or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. City shall not be required to pay any amount in excess of the original proposed amount unless City shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. City’s Obligations. City agrees that it will (i) designate a specific person as City’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special City requirements, or other pertinent information known to City, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for City, (iv) make prompt payments in response to Consultant’s statements, and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by City or City’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide City with copies of all materials and documents prepared or assembled by Consultant under this Agreement and City may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at City's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for City. 7. City Objection to Personnel. If at any time after entering into this Agreement, City has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom City has no reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any difference in Consultant’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies. Consultant shall submit to City proof of such insurance prior to commencing any work for City. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 4 IN THE EVENT THAT CITY AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Plummer Associates, Inc. Alan Tucker 1320 South University, Suite 300 Fort Worth, TX 76107 City of Coppell Kent Dallass, P.E. 265 Parkway Blvd Coppell, TX 75019 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days ’ notice. In the event of termination by City, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except City and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither City nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on City and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any City officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the City Charter and the City’s Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Coppell, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Dallas County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 4 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. PLUMMER ASSOCIATES, INC. By: Signature Printed Name Title Date CITY OF COPPELL, TEXAS By: Signature Printed Name Title Date Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6645 File ID: Type: Status: 2022-6645 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 12/01/2022File Created: Final Action: Replacement Vehicles (5) Caldwell ChevyFile Name: Title: Consider approval to purchase five (5) pickup trucks from Caldwell Country Chevrolet through BuyBoard Purchasing Cooperative for the replacement of existing vehicles; as provided in the Capital Fleet Replacement Fund; in the amount of $323,737.20; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, 2023 Chevrolet 2500 - 3 Vehicle Quote.pdf, 2023 Chevrolet 2500 with Lift Gate - Vehicle Quote.pdf, 2023 Chevrolet 2500 with Irrigation Bed - Vehicle Quote.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 2022-6645 Title Consider approval to purchase five (5) pickup trucks from Caldwell Country Chevrolet through BuyBoard Purchasing Cooperative for the replacement of existing vehicles; as provided in the Capital Fleet Replacement Fund; in the amount of $323,737.20; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $323,737.20 as provided in the Capital Fleet Replacement Fund. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6645) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: From: Date: Reference: 2040: Mayor and City Council Kumar Gali, P.E., Assistant Director of Public Works Kent Collins, P.E., Director of Public Works December 13, 2022 Consider approval to purchase five pickup trucks from Caldwell Country Chevrolet through BuyBoard Purchasing Cooperative for replacement of existing vehicles, as provided in the Capital Fleet Replacement Fund, in the amount of $323,737.20; and authorizing the City Manager to sign all necessary documents. Sustainable Government Introduction: The purpose of this agenda item is to seek approval from Council for purchase of five pickup trucks through BuyBoard Purchasing Cooperative from Caldwell Country Chevrolet for replacement of existing Parks and Recreation Operations vehicles. Background: To operate a clean, efficient, and reliable fleet, Public Works sets an initial life expectancy on all vehicles & equipment introduced into the fleet. During its service life, each vehicle & piece of equipment is subject to close monitoring of availability, operating cost, accumulated miles/hours, condition, obsolescence, and the ability to perform required tasks. The vehicles being replaced have reached the end of useful service life and it has been determined that replacement is necessary. Below is the breakdown of the five vehicle purchases, including additional equipment installations: Vehicles Purchase Price ($) 2023 Chevrolet 2500 (3) $187,324.60 2023 Chevrolet 2500 with Lift Gate (1) $67,483.20 2023 Chevrolet 2500 with Irrigation Bed (1) $68,929.40 2 Benefit to the Community: These fleet vehicles are essential pieces of equipment used by Parks and Recreation Operations to perform their daily duties that provide our community with a well-maintained city infrastructure. 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 $323,737.20 as provided in the Capital Fleet Replacement Fund. Recommendation: The Public Works Department recommends approval of this purchase. QUOTE# 001-Q120746 CONTRACT PRICING WORKSHEET End User: CITY OF COPPELL Contractor: CALDWELL COUNTRY Contact Name: CASEY MCCAUGHAN CALDWELL COUNTRY Email: CASEY.MCCAUGHAN@COPPELLTX.GOV Prepared By: Averyt Knapp Phone #: 972-462-5175 469-576-7713 -C Email: aknapp@caldwellcountry.com Fax #: Phone #: 979-567-6116 Location City: COPPELL, TX Fax #: 979-567-4376 Date Prepared: DECEMBER 8, 2022 Address: P. O. Box 27, Caldwell, TX 77836 Contract Number: BUY BOARD #601-19 Tax ID # 87-3266036 Product Description: 2023 CHEVROLET 2500HD SILVERADO 4X2 CREW CAB 56CA W-UTL CC20943 A Base Price & Options:$59,750 B Fleet Quote Option: Code Description Cost Code Description Cost 4X2-CREW CAB, 10,300#GVWR, 56”CA, 6.6L-V8 GAS, 6-SPD AUTOMATIC, 3.73 LOCKING REAR AXLE DIFFERENTIAL, LT245/75R17E (5) W/SPARE, 40-20-40 CLOTH SEATS, FULL RUBBER FLOOR, AIR CONDITION, AMFM- STEREO W/BLUETOOTH, TILT, CRUISE, POWER WINDOWS, POWER LOCKS, POWER TRAILER TOW MIRRORS, KEYLESS ENTRY, OEM INTEGRATED TRAILER BRAKE CONTROLLER, REAR VISION CAMERA PREP KIT, 8’ KNAPHEIDE 696 SERVICE BODY, THREE (3) 14.6” DEEP COMPARTMENTS PER SIDE, STANDARD SHELVING AND DIVIDERS, 49” WIDE FLOOR, 8” STEEL BUMPER, PAINT BODY OUTSIDE WHITE TO MATCH CAB, LIGHTS AND REFLECTORS, REAR HITCH W/7 + 4 WAY PLUG, FABRICATE AND INSTALL RACKS FOR TWO (2) WEEDEATERS ON TOP OF STREET SIDE COMPARTMENTS, INCL INSTALL WHITE STEEL LOUVERED HEADACHE RACK, INSTALL OEM CAMERA, RUNNING BOARDS FOR CAB BOTH SIDES GM WARRANTY 5YR/100,000 MILES POWERTRAIN @ N/C INCL CALDWELL COUNTRY PO BOX 27 CALDWELL, TEXAS 77836 PRICES VALID FOR 30 DAYS BUT SUBJECT TO CHANGE DUE TO SUPPLY CHAIN CHALLENGES REVERIFY PRICING BEFORE ISSUING PURCHASE ORDER. COMMODITY SURCHARGES MAY APPLY AFTER PO ISSUED Subtotal B INCL C Unpublished Options Code Description Cost Code Description Cost Subtotal C D Other Price Adjustments (Installation, Delivery, Etc…) Subtotal D INCL E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D)$59,750 Quantity Ordered 3 Subtotal E $179,250 F Non-Equipment Charges (Trade-In, Warranty, Etc…) BUY BOARD FEE $400 G. Color of Vehicle: WHITE H. Total Purchase Price (E+F) $179,650 Estimated Delivery Date:360 DAYS APPX Quote Date 12/08/2022 Quote # 120822CR3 Name / Address CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT PO BOX 9478 COPPELL, TX 75019 Ship To CITY OF COPPELL FLEET CASEY MC CAUGHAN 972-462-5175 816 S. COPPELL ROAD COPPELL, TX 75019 5313 Big Six Street Alvarado, TX 76009 P.O. No.Rep CR W W W .BRUSHTRUCK.COM TotalTHIS QUOTE DOES NOT INCLUDE FREIGHT UNLESS NOTED. QUOTE GOOD FOR 30 DAYS. THERE WILL BE A 3% SURCHARGE ON ALL INVOICES PAID WITH A CREDIT CARD. NOTE: SPECIAL ORDERS ARE NON CANCELABLE AND NON RETURNABLE. Part Number DescriptionQty Cost Each Total 3/4 TON WITH UTILITY BED CV2AAAA WHELEN 54" CENATOR LIGHTBAR (PER CUSTOM SPECS) 1 2,149.80 2,149.80 CMK7 WHELEN CENATOR LIGHTBAR PERM MT KIT1 34.80 34.80 VTX9M WHELEN VERTEX SUPER-LED DUO AMB/BLU4 85.20 340.80 VTXFB WHELEN VERTEX SURFACE MT FLANGE BLACK4 8.20 32.80 $2,558.20 Quote Date 12/08/2022 Quote # 120822CR6 Name / Address CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT PO BOX 9478 COPPELL, TX 75019 Ship To CITY OF COPPELL FLEET CASEY MC CAUGHAN 972-462-5175 816 S. COPPELL ROAD COPPELL, TX 75019 5313 Big Six Street Alvarado, TX 76009 P.O. No.Rep CR W W W .BRUSHTRUCK.COM TotalTHIS QUOTE DOES NOT INCLUDE FREIGHT UNLESS NOTED. QUOTE GOOD FOR 30 DAYS. THERE WILL BE A 3% SURCHARGE ON ALL INVOICES PAID WITH A CREDIT CARD. NOTE: SPECIAL ORDERS ARE NON CANCELABLE AND NON RETURNABLE. Part Number DescriptionQty Cost Each Total 3/4 TON WITH UTILITY BED CV2AAAA WHELEN 54" CENATOR LIGHTBAR (PER CUSTOM SPECS) 1 2,149.80 2,149.80 CMK7 WHELEN CENATOR LIGHTBAR PERM MT KIT1 34.80 34.80 VTX9M WHELEN VERTEX SUPER-LED DUO AMB/BLU4 85.20 340.80 VTXFB WHELEN VERTEX SURFACE MT FLANGE BLACK4 8.20 32.80 $2,558.20 Quote Date 12/08/2022 Quote # 120822CR7 Name / Address CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT PO BOX 9478 COPPELL, TX 75019 Ship To CITY OF COPPELL FLEET CASEY MC CAUGHAN 972-462-5175 816 S. COPPELL ROAD COPPELL, TX 75019 5313 Big Six Street Alvarado, TX 76009 P.O. No.Rep CR W W W .BRUSHTRUCK.COM TotalTHIS QUOTE DOES NOT INCLUDE FREIGHT UNLESS NOTED. QUOTE GOOD FOR 30 DAYS. THERE WILL BE A 3% SURCHARGE ON ALL INVOICES PAID WITH A CREDIT CARD. NOTE: SPECIAL ORDERS ARE NON CANCELABLE AND NON RETURNABLE. Part Number DescriptionQty Cost Each Total 3/4 TON WITH UTILITY BED CV2AAAA WHELEN 54" CENATOR LIGHTBAR (PER CUSTOM SPECS) 1 2,149.80 2,149.80 CMK7 WHELEN CENATOR LIGHTBAR PERM MT KIT1 34.80 34.80 VTX9M WHELEN VERTEX SUPER-LED DUO AMB/BLU4 85.20 340.80 VTXFB WHELEN VERTEX SURFACE MT FLANGE BLACK4 8.20 32.80 $2,558.20 QUOTE# 002-Q120751 CONTRACT PRICING WORKSHEET End User: CITY OF COPPELL Contractor: CALDWELL COUNTRY Contact Name: CASEY MCCAUGHAN CALDWELL COUNTRY Email: CASEY.MCCAUGHAN@COPPELLTX.GOV Prepared By: Averyt Knapp Phone #: 972-462-5175 469-576-7713 -C Email: aknapp@caldwellcountry.com Fax #: Phone #: 979-567-6116 Location City: COPPELL, TX Fax #: 979-567-4376 Date Prepared: DECEMBER 8, 2022 Address: P. O. Box 27, Caldwell, TX 77836 Contract Number: BUY BOARD #601-19 Tax ID # 87-3266036 Product Description: 2023 CHEVROLET 2500HD SILVERADO 4X2 CREW CAB 56CA W-UTL CC20943 A Base Price & Options:$64,525 B Fleet Quote Option: Code Description Cost Code Description Cost 4X2-CREW CAB, 10,300#GVWR, 56”CA, 6.6L-V8 GAS, 6-SPD AUTOMATIC, 3.73 LOCKING REAR AXLE DIFFERENTIAL, LT245/75R17E (5) W/SPARE, 40-20-40 CLOTH SEATS, FULL RUBBER FLOOR, AIR CONDITION, AMFM- STEREO W/BLUETOOTH, TILT, CRUISE, POWER WINDOWS, POWER LOCKS, POWER TRAILER TOW MIRRORS, KEYLESS ENTRY, OEM INTEGRATED TRAILER BRAKE CONTROLLER, REAR VISION CAMERA PREP KIT, 8’ KNAPHEIDE 696 SERVICE BODY, THREE (3) 14.6” DEEP COMPARTMENTS PER SIDE, STANDARD SHELVING AND DIVIDERS, 49” WIDE FLOOR, 8” STEEL BUMPER, PAINT BODY OUTSIDE WHITE TO MATCH CAB, LIGHTS AND REFLECTORS, REAR HITCH W/7 + 4 WAY PLUG, FABRICATE AND INSTALL RACKS FOR TWO (2) WEEDEATERS ON TOP OF STREET SIDE COMPARTMENTS, INCL INSTALL WHITE STEEL LOUVERED HEADACHE RACK, TOMMY GATE G2- 54-1342 TP38, 1,300# CAPACITY LIFT GATE W/49 X 38 2 PIECE FOLDING PLATFORM + 4” RAMP INSTALLED OEM BALCK, INSTALL REAR VISION CAMERA, RUNNING BOARDS FOR CAB BOTH SIDES GM WARRANTY 5YR/100,000 MILES POWERTRAIN @ N/C INCL CALDWELL COUNTRY PO BOX 27 CALDWELL, TEXAS 77836 PRICES VALID FOR 30 DAYS BUT SUBJECT TO CHANGE DUE TO SUPPLY CHAIN CHALLENGES REVERIFY PRICING BEFORE ISSUING PURCHASE ORDER. COMMODITY SURCHARGES MAY APPLY AFTER PO ISSUED Subtotal B INCL C Unpublished Options Code Description Cost Code Description Cost Subtotal C D Other Price Adjustments (Installation, Delivery, Etc…) Subtotal D INCL E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D)$64,525 Quantity Ordered 1 Subtotal E $64,525 F Non-Equipment Charges (Trade-In, Warranty, Etc…) BUY BOARD FEE $400 G. Color of Vehicle: WHITE H. Total Purchase Price (E+F) $64,925 Estimated Delivery Date:360 DAYS APPX Quote Date 12/08/2022 Quote # 120822CR2 Name / Address CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT PO BOX 9478 COPPELL, TX 75019 Ship To CITY OF COPPELL FLEET CASEY MC CAUGHAN 972-462-5175 816 S. COPPELL ROAD COPPELL, TX 75019 5313 Big Six Street Alvarado, TX 76009 P.O. No.Rep CR W W W .BRUSHTRUCK.COM TotalTHIS QUOTE DOES NOT INCLUDE FREIGHT UNLESS NOTED. QUOTE GOOD FOR 30 DAYS. THERE WILL BE A 3% SURCHARGE ON ALL INVOICES PAID WITH A CREDIT CARD. NOTE: SPECIAL ORDERS ARE NON CANCELABLE AND NON RETURNABLE. Part Number DescriptionQty Cost Each Total 3/4 TON WITH LIFTGATE CV2AAAA WHELEN 54" CENATOR LIGHTBAR (PER CUSTOM SPECS) 1 2,149.80 2,149.80 CMK7 WHELEN CENATOR LIGHTBAR PERM MT KIT1 34.80 34.80 VTX9M WHELEN VERTEX SUPER-LED DUO AMB/BLU4 85.20 340.80 VTXFB WHELEN VERTEX SURFACE MT FLANGE BLACK4 8.20 32.80 $2,558.20 QUOTE# 003-Q120762 CONTRACT PRICING WORKSHEET End User: CITY OF COPPELL Contractor: CALDWELL COUNTRY Contact Name: CASEY MCCAUGHAN CALDWELL COUNTRY Email: CASEY.MCCAUGHAN@COPPELLTX.GOV Prepared By: Averyt Knapp Phone #: 972-462-5175 469-576-7713 -C Email: aknapp@caldwellcountry.com Fax #: Phone #: 979-567-6116 Location City: COPPELL, TX Fax #: 979-567-4376 Date Prepared: DECEMBER 8, 2022 Address: P. O. Box 27, Caldwell, TX 77836 Contract Number: BUY BOARD #601-19 Tax ID # 87-3266036 Product Description: 2023 CHEVROLET 3500HD SILVERADO 4X2 DOUBLE CAB SRW W/KUV CC30953 A Base Price & Options:$66,445 B Fleet Quote Option: Code Description Cost Code Description Cost 4X2-DOUBLE CAB, 11,100#GVWR-SINGLE REAR WHEEL, 56”CA, 6.6L-V8 GAS, 6-SPD AUTOMATIC, 3.73 LOCKING REAR AXLE DIFFERENTIAL, LT275/70R18E (5) W/SPARE, 40-20-40 CLOTH SEATS, FULL RUBBER FLOOR, AIR CONDITION, AMFM- STEREO W/BLUETOOTH, TILT, CRUISE, POWER WINDOWS, POWER LOCKS, POWER TRAILER TOW MIRRORS, KEYLESS ENTRY, OEM INTEGRATED TRAILER BRAKE CONTROLLER, REAR VISION CAMERA PREP KIT, 8’ KNAPHEIDE KC96M1478 KCCD BODY, 97.25”LONG X 78” HIGH X 78” WIDE DOOR HEIGHT, 50.5” CLEAR INSIDE 61.1”, THREE (3) 14.6 DEEP COMPARTMENTS PER SIDE, TWO (2) ADJUSTABLE DIVIDER SHELVES, STREET AND CURB SIDE FRONT VERTICAL COMPARTMENT, ONE (1) ADJUSTABLE DIVIDER SHELF, STREET AND CURB SIDE REAR INCL VERTICAL COMPARTMENT, ONE (1) ADJUSTABLE DIVIDER SHELF, CURB SIDE HORIZONTAL COMPARTMENT, TWO (2) FULL LENGTH SHELVES EACH SIDE IN INTERIOR OF BODY, DOUBLE PANEL GALVANNEAL REAR DOORS WITH RIVETLESS LATCH AND SOLID PANEL W/NO GLASS, TWO (2) REAR ACCESS DOORS WITH RIVETLESS LATCHES ON UPPER ROOF STRUCTURE, 9” X 30” GLASS WINDOW IN FRONT BULKHEAD, MASTER LOCKS INSTALLED ON BOTH SIDE AND GRAB HANDLE AT RIGHT REAR IN CARGO AREA, TWO (2) INTERIOR LED DOME LIGHTS, 49” WIDE FLOOR, 8” STEEL BUMPER, PAINT BODY OUTSIDE WHITE TO MATCH CAB, LED LIGHTS AND REFLECTOR, REAR HITCH W/7 + 4 WAY PLUG, INSTALL REAR VISION CAMERA, RUNNING BOARDS FOR CAB BOTH SIDES GM WARRANTY 5YR/100,000 MILES POWERTRAIN @ N/C INCL CALDWELL COUNTRY PO BOX 27 CALDWELL, TEXAS 77836 PRICES VALID FOR 30 DAYS BUT SUBJECT TO CHANGE DUE TO SUPPLY CHAIN CHALLENGES REVERIFY PRICING BEFORE ISSUING PURCHASE ORDER. COMMODITY SURCHARGES MAY APPLY AFTER PO ISSUED Subtotal B INCL C Unpublished Options Code Description Cost Code Description Cost Subtotal C D Other Price Adjustments (Installation, Delivery, Etc…) Subtotal D INCL E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D)$66,445 Quantity Ordered 1 Subtotal E $66,445 F Non-Equipment Charges (Trade-In, Warranty, Etc…) BUY BOARD FEE $400 G. Color of Vehicle: WHITE H. Total Purchase Price (E+F) $66,845 Estimated Delivery Date:360-480 DAYS APPX Quote Date 12/08/2022 Quote # 120822CR4 Name / Address CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT PO BOX 9478 COPPELL, TX 75019 Ship To CITY OF COPPELL FLEET CASEY MC CAUGHAN 972-462-5175 816 S. COPPELL ROAD COPPELL, TX 75019 5313 Big Six Street Alvarado, TX 76009 P.O. No.Rep CR W W W .BRUSHTRUCK.COM TotalTHIS QUOTE DOES NOT INCLUDE FREIGHT UNLESS NOTED. QUOTE GOOD FOR 30 DAYS. THERE WILL BE A 3% SURCHARGE ON ALL INVOICES PAID WITH A CREDIT CARD. NOTE: SPECIAL ORDERS ARE NON CANCELABLE AND NON RETURNABLE. Part Number DescriptionQty Cost Each Total 1 TON IRRIGATION TRUCK TAM83 WHELEN TAM83 8 X TIR3 TRAFFIC ADVISOR1 639.60 639.60 VTX9M WHELEN VERTEX SUPER-LED DUO AMB/BLU4 85.20 340.80 VTXFB WHELEN VERTEX SURFACE MT FLANGE BLACK4 7.20 28.80 M4DM HELEN M4 DUO LED FLASHER BLUE/AMBER6 168.00 1,008.00 M4FC WHELEN M4 SERIES FLANGE CHROME4 13.20 52.80 M4FB WHELEN M4 SERIES BLACK FLANGE2 7.20 14.40 $2,084.40 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6646 File ID: Type: Status: 2022-6646 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 12/01/2022File Created: Final Action: Replacement Vehicles (4) Silsbee ToyotaFile Name: Title: Consider approval to purchase four (4) pickup trucks from Silsbee Toyota through the Interlocal Purchasing System for the replacement of existing vehicles; as provided in the Capital Fleet Replacement Fund; in the amount of $153,396.40; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Toyota Tacoma with Camper Top - 2 Vehicle Quote.pdf, Toyota Tacoma - 3&4 Vehicle Quote.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 2022-6646 Title Consider approval to purchase four (4) pickup trucks from Silsbee Toyota through the Interlocal Purchasing System for the replacement of existing vehicles; as provided in the Capital Fleet Replacement Fund; in the amount of $153,396.40; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this Agenda Item is $153,396.40 as provided in the Capital Fleet Replacement Fund. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6646) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: From: Date: Reference: 2040: Mayor and City Council Kumar Gali, P.E., Assistant Director of Public Works Kent Collins, P.E., Director of Public Works December 13, 2022 Consider approval to purchase four pickup trucks from Silsbee Toyota through The Interlocal Purchasing System for replacement of existing vehicles, as provided in the Capital Fleet Replacement Fund, in the amount of $153,396.40; and authorizing the City Manager to sign all necessary documents. Sustainable Government Introduction: The purpose of this agenda item is to seek approval from Council for purchase of four pickup trucks through The Interlocal Purchasing System (TIPS) from Silsbee Toyota for replacement of existing Parks and Recreation and Public Works Operations vehicles. Background: To operate a clean, efficient, and reliable fleet, Public Works sets an initial life expectancy on all vehicles & equipment introduced into the fleet. During its service life, each vehicle & piece of equipment is subject to close monitoring of availability, operating cost, accumulated miles/hours, condition, obsolescence, and the ability to perform required tasks. The vehicles being replaced have reached the end of useful service life and it has been determined that replacement is necessary. Below is the breakdown of the four vehicle purchases, including additional equipment installations: Vehicles Purchase Price ($) Toyota Tacoma with Camper Top (2) $79,657.20 Toyota Tacoma (2) $73,739.20 2 Benefit to the Community: These fleet vehicles are essential pieces of equipment used by Parks and Recreation and Public Works Operations team to perform their daily duties that provide our community with a well- maintained city infrastructure. 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 $153,396.40 as provided in the Capital Fleet Replacement Fund. Recommendation: The Public Works Department recommends approval of this purchase. Prepared by: Phone: Email: Date: A.30 29,010.00$ B. Factory Options Code Bid Price Code Bid Price 7186/7594 5,435.00$ 2T 258.00$ 40 -$ FB14 -$ 5,693.00$ (284.65)$ C. Unpublished Options Bid Price Bid Price 4,894.00$ 4,894.00$ D. Floor Plan Interest (for in-stock and/or equipped vehicles):-$ E. Lot Insurance (for in-stock and/or equipped vehicles):-$ F. Contract Price Adjustment:-$ G. Additional Delivery Charge:295 miles 516.25$ H. Subtotal:39,828.60$ I. Quantity Ordered 2 x H =79,657.20$ J. Trade in:-$ K. Total Purchase Price 79,657.20$ VENDOR- Silsbee Toyota, 1396 Hwy 327 E., Silsbee TX 77656 CITY OF COPPELLEnd User: Contact: Email:RHYDER.COWBOYFLEET@GMAIL.COM 409.300.1385 RICHARD HYDER October 24, 2022 CASEY.MCCAUGHAN@COPPELLTX.GOV Bid Item: TOYOTA TACOMA Description Description Description EXTERIOR WHITE Published Option Discount (5%) PRODUCT PRICING SUMMARY A. Base Price: CASEY MCCAUGHAN 972.462.5175 Product Description: ARE FIBERGLASS CAMPER TOP WITH WINDOWS TACOMA DOUBLE CAB SR 4X4 Total of B. Published Options: INTERIOR--GRAY TIPS USA 210907 AUTOMOBILES IN SIDES AND REAR INSTALLED TRUX 1375 ALL WEATHER FLOOR LINERS Options Total of C. Unpublished Options: Prepared by: Phone: Email: Date: A.30 29,010.00$ B. Factory Options Code Bid Price Code Bid Price 7186/7594 5,435.00$ 2T 258.00$ 40 -$ FB14 -$ 5,693.00$ (284.65)$ C. Unpublished Options Bid Price Bid Price -$ D. Floor Plan Interest (for in-stock and/or equipped vehicles):-$ E. Lot Insurance (for in-stock and/or equipped vehicles):-$ F. Contract Price Adjustment:-$ G. Additional Delivery Charge:295 miles 516.25$ H. Subtotal:34,934.60$ I. Quantity Ordered 1 x H =34,934.60$ J. Trade in:-$ K. Total Purchase Price 34,934.60$ VENDOR- Silsbee Toyota, 1396 Hwy 327 E., Silsbee TX 77656 CITY OF COPPELLEnd User: Contact: Email:RHYDER.COWBOYFLEET@GMAIL.COM 409.300.1385 RICHARD HYDER October 24, 2022 CASEY.MCCAUGHAN@COPPELLTX.GOV Bid Item: TOYOTA TACOMA Description Description Description EXTERIOR WHITE Published Option Discount (5%) PRODUCT PRICING SUMMARY A. Base Price: CASEY MCCAUGHAN 972.462.5175 Product Description: TACOMA DOUBLE CAB SR 4X4 Total of B. Published Options: INTERIOR--GRAY QUOTE #1 TIPS USA 210907 AUTOMOBILES ALL WEATHER FLOOR LINERS Options Total of C. Unpublished Options: Quote Date 12/08/2022 Quote # 120822CR1 Name / Address CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT PO BOX 9478 COPPELL, TX 75019 Ship To CITY OF COPPELL FLEET CASEY MC CAUGHAN 972-462-5175 816 S. COPPELL ROAD COPPELL, TX 75019 5313 Big Six Street Alvarado, TX 76009 P.O. No.Rep CR W W W .BRUSHTRUCK.COM TotalTHIS QUOTE DOES NOT INCLUDE FREIGHT UNLESS NOTED. QUOTE GOOD FOR 30 DAYS. THERE WILL BE A 3% SURCHARGE ON ALL INVOICES PAID WITH A CREDIT CARD. NOTE: SPECIAL ORDERS ARE NON CANCELABLE AND NON RETURNABLE. Part Number DescriptionQty Cost Each Total TOYOTA TACOMA CV8AABB WHELEN 48" CENATOR LIGHTBAR (PER CUSTOM SPECS) 1 1,900.20 1,900.20 CMK7 WHELEN CENATOR LIGHTBAR PERM MT KIT1 34.80 34.80 $1,935.00 Prepared by: Phone: Email: Date: A.30 29,010.00$ B. Factory Options Code Bid Price Code Bid Price 7186/7594 5,435.00$ 2T 258.00$ 40 -$ FB14 -$ 5,693.00$ (284.65)$ C. Unpublished Options Bid Price Bid Price -$ D. Floor Plan Interest (for in-stock and/or equipped vehicles):-$ E. Lot Insurance (for in-stock and/or equipped vehicles):-$ F. Contract Price Adjustment:-$ G. Additional Delivery Charge:295 miles 516.25$ H. Subtotal:34,934.60$ I. Quantity Ordered 1 x H =34,934.60$ J. Trade in:-$ K. Total Purchase Price 34,934.60$ Options Total of C. Unpublished Options: QUOTE #2 TIPS USA 210907 AUTOMOBILES ALL WEATHER FLOOR LINERS TACOMA DOUBLE CAB SR 4X4 Total of B. Published Options: INTERIOR--GRAY PRODUCT PRICING SUMMARY A. Base Price: CASEY MCCAUGHAN 972.462.5175 Product Description: Description EXTERIOR WHITE Published Option Discount (5%) October 24, 2022 CASEY.MCCAUGHAN@COPPELLTX.GOV Bid Item: TOYOTA TACOMA Description Description VENDOR- Silsbee Toyota, 1396 Hwy 327 E., Silsbee TX 77656 CITY OF COPPELLEnd User: Contact: Email:RHYDER.COWBOYFLEET@GMAIL.COM 409.300.1385 RICHARD HYDER Quote Date 12/08/2022 Quote # 120822CR5 Name / Address CITY OF COPPELL ACCOUNTS PAYABLE DEPARTMENT PO BOX 9478 COPPELL, TX 75019 Ship To CITY OF COPPELL FLEET CASEY MC CAUGHAN 972-462-5175 816 S. COPPELL ROAD COPPELL, TX 75019 5313 Big Six Street Alvarado, TX 76009 P.O. No.Rep CR W W W .BRUSHTRUCK.COM TotalTHIS QUOTE DOES NOT INCLUDE FREIGHT UNLESS NOTED. QUOTE GOOD FOR 30 DAYS. THERE WILL BE A 3% SURCHARGE ON ALL INVOICES PAID WITH A CREDIT CARD. NOTE: SPECIAL ORDERS ARE NON CANCELABLE AND NON RETURNABLE. Part Number DescriptionQty Cost Each Total TOYOTA TACOMA CV8AABB WHELEN 48" CENATOR LIGHTBAR (PER CUSTOM SPECS) 1 1,900.20 1,900.20 CMK7 WHELEN CENATOR LIGHTBAR PERM MT KIT1 34.80 34.80 $1,935.00 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6595 File ID: Type: Status: 2022-6595 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 10/31/2022File Created: Final Action: FS 1 Exit Door UpgradeFile Name: Title: Consider approval of awarding a contract for the replacement and safety upgrade to the Fire Station #3 apparatus exit roll up doors; in the amount of $59,044.62; as budgeted under Standards of Cover; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, FS3 Roll Up Door 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 2022-6595 Title Consider approval of awarding a contract for the replacement and safety upgrade to the Fire Station #3 apparatus exit roll up doors; in the amount of $59,044.62; as budgeted under Standards of Cover; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6595) Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Steve Shore, Facilities Manager Kent Collins, P.E., Director of Public Works Date: December 13, 2022 Reference: Consider approval of awarding a contract for the replacement and safety upgrade to the Fire Station #3 apparatus exit roll up doors; in the amount of $59,044.62; as budgeted under Standards of Cover; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval of a contract to replace the three roll up doors at Fire Station 3 to DH Pace Company, Inc., at a cost of $59,044.62 as budgeted in the General Fund and authorize the City Manager to sign any necessary documents. Background: The functionality of the roll up doors at our fire stations is critical to the response time for emergency call outs. The doors at Fire Station 3 have been experiencing failures due to age, normal wear and contact damage. The cost of a complete rebuild of the existing doors would exceed 80% of the cost of replacement. Rebuilt doors carry no warranty, while the new doors have a full three-year warranty. The Public Works Department worked with the Fire Department to select a door specifically designed with fire stations in mind. In addition to being lightweight and fast-acting, the doors have added safety features. These features include a 36” high infrared curtain to ensure no part of the fire apparatus or other equipment is positioned to be struck by the door when it closes, and a fully integrated wall mounted light system to let the driver of the vehicle know when the door is completely open and safe to proceed. The door system also has a software application that would allow the status of the doors to be viewed and controlled remotely. 2 Benefit to the Community: Approval of this item will result in improved safety for first responders, reduced maintenance cost, and faster response times due to improved door operation and reliability. 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 $59,044.62; as budgeted in the General Fund. Recommendation: The Public Works Department recommends approval of this contract. Submitted To: DH Pace Key Service Center Rep: DH Pace Salesperson: Proposal date: Order Total $ 59,044.62 Line# Item Qty Unit Sell Price Extended Sell Price 1 3 11,942.18 $ 35,826.54 2 3 1,042.12 $ 3,126.36 3 3 122.50 $ 367.50 4 6 36.85 $ 221.10 5 3 123.01 $ 369.03 6 3 538.89 $ 1,616.67 7 3 13.42 $ 40.26 8 3 384.77 $ 1,154.31 9 1 40.14 $ 40.14 10 1 155.00 $ 155.00 11 1 105.20 $ 105.20 12 1 832.14 $ 832.14 13 1 416.07 $ 416.07 14 1 4,202.30 $ 4,202.30 15 100 105.72 $ 10,572.00 828LM (LiftMaster 20% Off List $50.17) G828LMMC: LM, Internet Gateway BuyBoard Contract Labor MDL451 AFV PWDCT 14'2" X 14'1" (7-4) (Wayne Dalton 15% Off List $14,049.63) Wayne Dalton - 14'2" x 14' 1" Full View Aluminum Doors Andrew Moore Norman Harvey Item NumberItem Description-notes CONTRACT PROPOSAL Key Systems • Entry Doors • Door Hardware • Access Control • Dock Equipment BUYER (and billing address if different from site):PROJECT (site address): (OPEN MARKET) Freight (OPEN MARKET) City of Coppell Coppell Fire Station #3 PO Box 9478 133 Parkway Blvd I am pleased to propose the following material delivered to your facility freight prepaid and added on invoice plus any applicable taxes: Coppell TX 75019 Coppell TX 75019 Doug Short 214-765-8355 doug.short@dhpace.com October 13, 2022 855-237-3667 norman.harvey@dhpace.com BUYBOARD CONTRACT 657-21 Fire Station #3 - Door Replacement, (Aluminum Doors, Quote #41179) Scope: (1) Remove Existing doors and haul off. (2) Furnish and Install: - 3 Each 14'2" x 14'1 WD Mdl 451 AFV - Red RAL #1000 Powder coat finish, Sections, 1 and 7 Solid, all others glazed with 1/8" tempered gray, 3" standard lift track, Full weather seal, Liftmaster Motorized Operation with Safety Light Curtain, surface mount PB3 wall station, remote operation, external power supply, red/green light, and internet gateway. T751L5-MC (LiftMaster 20% Off List $1,302.65) LiftMaster Operator, 3/4 Hp with Track, Trolley, for 14 Ft Door & Chain041K0811 (LiftMaster 20% Off List $153.13) Interface Card, CPS3CARD A.2 (OPEN MARKET - Door Control Services) Angle Iron, 2' x 2' x 1/8' x 20' 813 LMX (LiftMaster 20% Off List $46.06) 3 Button Comm OCS Remote - DIP/MAX Type RGL-CTL (LiftMaster 20% Off List $480.96) TLS1 CARD (LiftMaster 20% Off List $153.76) Timer Light Status Option Card LC36M (LiftMaster 20% Off List $673.61) Light Curtain Monitored/Primary 36 Inch100MAPS (LiftMaster 20% Off List $16.77) 100mA External Power Supply, 28 FT Cord Red/Green Compact Traffic & Signal Light Scissor Lift (OPEN MARKET) Miscellaneous Material W18.6 (OPEN MARKET - Door Control Services) Wire, 18 Gauge, 6 Wire PLN 20/40CP(999KSC) • Rev. 07/15 Copyright © DH Pace Company, Inc. 2015 • All Rights Reserved Page 1 of 3 The proposal described herein, including all price(s) quoted, is made conditionally upon Buyer’s continued credit status and must be accepted by Buyer as made by Seller. To accept this Proposal, Buyer must date, sign and return the original copy hereof to Seller within 30 days after the date hereof. Unless expressly disclosed and stated, the amount of any sales and use tax is not included in this proposal. ____________________________________________________________________________________________________________________________________ Buyer acknowledges and agrees that each and all of the terms and conditions on Attachment A (TERMS AND CONDITIONS) are a part of this Proposal and that upon Buyer’s acceptance of this Proposal shall constitute a valid and binding contract between the parties and all prior proposals, discussions and agreements respecting the subject matter hereof are cancelled. DEPOSIT ON SPECIAL ORDER ITEMS IS NON-REFUNDABLE. ____________________________________________________________________________________________________________________________________ BUYER ACCEPTANCE FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF ________________________________________________________________________________FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF TYPE OR PRINT NAME OF BUYER _______________________________________________________________FFFFFFFFFFAFFACCEPTANCE DATE: ____/____/____ SIGNATURE of:FFFF Owner Partner Officer (indicate which)FFFFF FFFFFFFFFFFFFFFFFFFFFFFMM / DD / YYYY Send Orders to: SecuritySolutionsTexas@dhpace.com NOTES AND EXCLUSIONS: - All carpentry work by others if required. - Lead times are not guaranteed. - This proposal is priced furnished and installed, no tax included. - Any price increases are subject to and recoverable under change order provisions. - Pricing assumes reasonable access will be provided. - Work to be completed during standard working hours of 8:00 a.m. to 4:00 p.m. Monday-Friday. - Please sign this proposal and return it to me by EMAIL doug.short@dhpace.com so we may proceed with your order. - Customer to bring power supply to within 3 foot. DH Pace to connect power supply to operator and perform control wiring if required. - Our proposal excludes all electrical wiring, conduit, and electrical hookups. - Open preparation including framing and structural support by others. - If during construction/installation hidden or flawed structures are encountered, additional charges may apply. - This proposal is contingent upon acceptance of a mutually agreed upon contract or authorized signature on this proposal and approved credit. - This proposal is based solely on information provided by the customer. No formal plans and/or specifications were provided for review. Pricing is subject to change if actual conditions or products needed differ from the information provided. *This proposal is for budget purposes only. We reserve the right to alter this quote should additional information indicate that the scope and/or timing of the project is changed from the original information received. Costs are currently rising at sudden and unpredictable rates. This Agreement is based on current pricing from Seller's suppliers and includes all price increases and surcharges levied by those suppliers and known by Seller as of the date Seller executed this Agreement. Seller reserves the right to require an approved change order before the order is released into production to compensate for any supplier price increases or surcharges announced after Seller's execution of this Agreement and prior to the Seller's release of materials for production. Seller will provide written documentation of any Supplier notices of cost increase, upon request. If Buyer rejects or does not timely approve the change order request to maintain the job schedule, Buyer and/or Seller may terminate the affected part of this Agreement for convenience, in writing, with ten business day notice following Buyers' rejection of, or failure to approve, the change order. If terminated, Buyer shall pay Seller for all costs incurred in performance of the contract, plus a prorated percentage of the Seller's profits based on the percent of completion, up to the date of termination. Costs are currently rising at sudden and unpredictable rates. This proposal is based on current pricing from Sellers suppliers and includes all price increases and surcharges levied by those suppliers and known by Seller as of the date of this proposal. This proposal is valid for acceptance for 30 days. After 30 days, the Seller reserves the right to require an approved change order before the order can be released into production to compensate for any supplier price increases or surcharges announced after the date of this Proposal and prior to the release of materials for fabrication. Seller will provide written documentation of the Supplier increase notice upon request. 20/40CP(999KSC) • Rev. 07/15 Copyright © DH Pace Company, Inc. 2015 • All Rights Reserved Page 2 of 3 Attachment A: TERMS AND CONDITIONS Terms. The products (“Products”) described in this contract and the labor necessary to install the Products (“Labor”) are herein collectively referred to as the “Work”. Condition Precedent. Buyer and Seller agree that if, following Buyer’s acceptance hereof, a contract is to be executed by them, Seller’s performance hereunder shall be subject to the condition precedent that the terms and conditions of such contract are acceptable to Seller. Scope of Work. Seller agrees to perform for Buyer the Work at the Project. Buyer acknowledges and agrees that: (i) the prices quoted by Seller for the Products are based upon plans, specifications, verbal information or sketches as indicated herein and the addenda hereto; and (ii) that the Work contemplated under this Proposal is fully and correctly described herein. Unless included in the description of and prices quoted for Products, glass, glazing, painting and electrical wiring is excluded under this Proposal and will be provided only upon receipt of a supplemental order signed by Buyer. Proposal Price. Conditional upon Seller’s prior approval of Buyer’s credit, Buyer will pay Seller the unpaid balance for performance of the Work within 30 days of the date of Seller’s invoice. If performance of the Work extends over 30 days, Buyer agrees to pay Seller progress payments under Seller’s regular billing terms and if Products have been delivered to the Project or stored in a mutually agreed location, Buyer agrees to pay an amount not to exceed 90% of the Proposal Price in payment of the cost of such Products. If payment of any sum is not made when and as due under this Proposal, Buyer shall pay interest on such delinquent sums at the rate of 1.50% per month or, the highest contract rate allowed under applicable law. If following Buyer’s default Seller refers this account to an attorney for collection, Buyer agrees to pay all attorneys’ fees incurred by Seller whether or not a lawsuit for collection is instituted, and all other costs of collection and litigation. Contract Time. Installation dates are estimates only and Seller cannot guarantee commencement of Work or completion thereof on any given date. Completion dates cannot be given until Seller has been furnished with complete approved drawings and any additional information it may request. Seller shall not be liable for total or partial failure to complete or for any delay in delivering Products or Labor under this Proposal. Seller shall not be liable in any event for any special or consequential damages on account of failure or delay in performance regardless of cause. Work Performance. Performance of the Work will be made by Seller in a prompt manner but Seller cannot be responsible for damage or delay due to acts of God, accidents, civil disturbances, delays in transportation by common carrier, strikes, war, unavailability of material or other cause beyond the reasonable control of Seller. If Products are installed before a finished floor is completed, warranty is limited and Seller assumes no responsibility for fitting the Product to the floor. An additional charge may be made to Buyer for returning to the Project for adjustments to the Product. Seller assumes no responsibilities for failure of installation of the Product due to structural deficiencies in an existing building. Buyer shall prepare the Project for installation in accordance with requirements of Seller. If special work, requiring additional material and labor is required to meet conditions other than those specifically described in this Proposal, Buyer agrees to pay an additional charge therefore. Seller shall be allowed uninterrupted and exclusive access to the Project during performance of the Work. No Product may be returned without Seller’s prior written approval. All Product returned is subject to a minimum of 25% restocking fee. Cancellation. In the event Buyer cancels this Proposal after the Seller has commenced Work, Buyer shall forfeit the amount of the down payment given to Seller at the time of the execution of this Proposal, and in addition, shall pay to the Seller such proportion of the total Proposal Price as the amount of Work bears to the total amount of Work agreed upon to be furnished under this Proposal, plus a sum equal to 25% of the total Proposal Price as liquidated damages, which amount is to be paid within 30 days from the date of such cancellation. In the event of Buyer‘s insolvency this Proposal shall be cancelled and Seller shall have no further obligations to Buyer hereunder. Insurance. Seller shall carry workmen’s compensation and public liability insurance to cover the Work. Seller shall not be liable to indemnify, hold harmless or protect in any way the Buyer, or any other party involved in the Work, whether an employee of Seller or Buyer or any third party, except to the extent of the workmen’s compensation and public liability insurance maintained by Seller. Buyer shall keep the Project adequately insured against any loss to Seller by reason of damage to Seller’s Product or Work or Seller’ vehicles, equipment and tools by vandalism, fire, water, windstorm and any other occurrence during the course of Work. Alterations. Any alterations or modifications initiated by Buyer must be agreed upon between the parties and the price fixed by them before work on such alteration or modification shall commence. Payment for such alteration or modification shall be made at the time of the completion of the Work. Permits and Licenses. Buyer shall be responsible for securing the necessary permits and licenses for the Work at Buyer’s own cost and expense. Warranties. Seller warrants the Product sold to be free from defects in material and workmanship under normal and intended use and service. This warranty extends only to the Buyer and expires one year after the date of delivery or installation of the Product by Seller. Parts and labor for service work are warranted for the following periods: All replacement parts 90 days; labor-service 30 days. Seller’s sole obligation is limited to repairing or replacing any parts which shall be determined by Seller to be defective and is conditioned upon Buyer giving notice of any such defect to Seller within the warranty period. If Seller concludes that repair or replacement is necessary, Seller will commence work within a reasonable time after the decision to repair or replace is made. This warranty does not apply to any Product which has been altered or repaired by any person not authorized by the Seller or which has been subjected to misuse, neglect or accident. Seller assumes no liability for incidental or consequential damages. Warranties implied by law are limited to duration to one year period described above. Wood Products will be guaranteed only if properly protected within 10 days of delivery or installation by Seller with a prime and finish coat of manufacturer’s recommended paint. No warranty will be honored unless the Proposal Price has been paid in full, including any applicable service charges. Modification of Proposal. Any modification of this Proposal or additional obligation assumed by either party in connection with this Proposal shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Governing Law. It is agreed that this Proposal shall be governed by, construed and enforced in accordance with the laws of the state in which the Project is located. 20/40CP(999KSC) • Rev. 12/12 Copyright © DH Pace Company, Inc. 2012 • All Rights Reserved Page 3 of 3 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6655 File ID: Type: Status: 2022-6655 Agenda Item Consent Agenda 1Version: Reference: In Control: Fire 12/02/2022File Created: Final Action: Incident Management Freeway Blocker AgreementFile Name: Title: Consider approval of an Advanced Funding Agreement between the City of Coppell, Fire Department and Texas Department of Transportation for Incident Management Freeway Blocker Truck and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Incident Management Freeway Blocker Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6655 Title Consider approval of an Advanced Funding Agreement between the City of Coppell, Fire Department and Texas Department of Transportation for Incident Management Freeway Blocker Truck and authorizing the City Manager to sign any necessary documents. Summary See attached staff memo Fiscal Impact: There is no fiscal impact of this Agenda Item. Future agenda items will include the purchase of the blocker truck. Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6655) The Fire Department recommends approving and authorizing an Advance Funding Agreement between the City and TxDOT. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Steve Shore, Facilities Manager Kent Collins, P.E., Director of Public Works Date: December 13, 2022 Reference: Consider approval of awarding a contract for the replacement and safety upgrade to the Fire Station #3 apparatus exit roll up doors; in the amount of $59,044.62; as budgeted under Standards of Cover; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to request approval of a contract to replace the three roll up doors at Fire Station 3 to DH Pace Company, Inc., at a cost of $59,044.62 as budgeted in the General Fund and authorize the City Manager to sign any necessary documents. Background: The functionality of the roll up doors at our fire stations is critical to the response time for emergency call outs. The doors at Fire Station 3 have been experiencing failures due to age, normal wear and contact damage. The cost of a complete rebuild of the existing doors would exceed 80% of the cost of replacement. Rebuilt doors carry no warranty, while the new doors have a full three-year warranty. The Public Works Department worked with the Fire Department to select a door specifically designed with fire stations in mind. In addition to being lightweight and fast-acting, the doors have added safety features. These features include a 36” high infrared curtain to ensure no part of the fire apparatus or other equipment is positioned to be struck by the door when it closes, and a fully integrated wall mounted light system to let the driver of the vehicle know when the door is completely open and safe to proceed. The door system also has a software application that would allow the status of the doors to be viewed and controlled remotely. 2 Benefit to the Community: Approval of this item will result in improved safety for first responders, reduced maintenance cost, and faster response times due to improved door operation and reliability. 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 $59,044.62; as budgeted in the General Fund. Recommendation: The Public Works Department recommends approval of this contract. CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 1 of 8 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A NON-CONSTRUCTION PROJECT USING FUNDS HELD IN THE STATE HIGHWAY [121] SUBACCOUNT Incident Management & Safety Pilot Program (Off System) THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and the City of Coppell (Local Government), collectively, the “Parties.” WITNESSETH WHEREAS,the State has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (“SH 121 payments”) and WHEREAS,pursuant to Transportation Code, 228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code,§228.012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO);and WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the “Commission”) approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence; and WHEREAS, the Local Government has requested money from the SH 121 Subaccounts for Incident Management Freeway Blocking Equipment within the NCTCOG Metropolitan Planning Area (CSJ 0918-47-379) (Project); the RTC has selected the Project to be funded from the CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 2 of 8 SH 121 Subaccounts; and the Commission concurred in the selection and, authorized the expenditure of money from SH 121 Subaccount in Minute Order 116013 dated April 29, 2021; and WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services; and WHEREAS, NCTCOG and the RTC should have authority to assist the Local Government’s implementation of financial reporting and environmental review related to a transportation project funded by the State using money from the SH 121 Subaccounts. NOW, THEREFORE, the Parties agree as follows: AGREEMENT Article 1. Time Period Covered This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. This agreement shall remain in effect until the close of ordinary business on August 31,2024. [note: three years is the maximum term for non-construction.] Article 2. Project Funding The State will pay money to the Local Government from the SH 121 Subaccounts in the amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in the next succeeding sentence, the payments will begin no later than upon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 26 of the Texas Department of Transportation bill pattern in Senate Bill 1, 86th Legislature; and (2) thirty days after execution of this Agreement. If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e.g. construction) for the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccounts to the Local Government for such expenditure no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for example, the 2014 Fiscal Year began September 1, 2013). Article 3. Separate Account; Interest All funds paid to the Local Government shall be deposited into a separate account, and interest earned on the funds shall be kept in the account. Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 3 of 8 and only after obtaining the written approval of the RTC. The Local Government’s use of interest earned will not count towards the 20 percent local match requirement set forth in this Agreement. Article 4. Shortfalls in Funding The Local Government shall apply all funds to the scope of work of the Project described in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government. However, should the funds be insufficient to complete the work contemplated by the Project, the Local Government may make further request to the RTC and the State for additional funds from the SH 121 Subaccounts. Funds may be increased only through an amendment of this Agreement. If the SH 121 Subaccounts do not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall. Article 5. Return of Project Funding The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the Local Government will issue a signed “Notification of Completion” document to the State acknowledging the Project’s completion. If at project end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned, such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds if the Project is not completed within 10 years of execution of the Agreement. Article 6. Local Match The Local Government shall be responsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTC-approved phases as shown in Attachment A. At the end of each Fiscal Year the Local Government’s cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A, Payment Provision and Work Responsibilities. Article 11. Compliance with Laws Each Party shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative bodies or tribunals affecting the performance of this Agreement as applicable to it. When required, the Local Government shall furnish the State with satisfactory proof of compliance CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 4 of 8 Article 12. Compliance with Texas Accessibility Standards and ADA The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336). Article 13. Work Outside the Project Site The Local Government shall provide both the necessary right of way and any other property interests needed for the Project. Article 14. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 15. Audit Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Government. Article 17. Responsibilities of the Parties a. The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. b. To the extent permitted by law, the Local Government agrees to indemnify and save harmless the State, its agents and employees from all suits, actions or claims and from all liability and damages resulting from any and all injuries or damages sustained by any person or property in consequence of any neglect, error, or omission in the performance of the design, construction, maintenance or operation of the Project by the Local Government, its contractor(s), subcontractor(s), agents and employees, and from any claims or amounts arising or recovered under the "Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended. c. The Parties expressly agree that the Project is not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 5 of 8 any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of the Project. d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attorney’s fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents, or employees. Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Coppell Attention: City Manager 255 Parkway Blvd Coppell, Texas 75019 State: Texas Department of Transportation Attention: Director of Contract Services 125 East 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 19. Right of Access If the Local Government is the owner or otherwise controls access to any part of site of the Project, the Local Government shall permit the State or its authorized representative access to the site to perform any activities authorized in this Agreement. Article 20. Project Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 21. Inspection of Books and Records The Local Government shall keep a complete and accurate record to document the CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 6 of 8 performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from the date of completion of work defined under this Agreement or until any pending litigation or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Article 22. NCTCOG Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist the Local Government’s implementation of financial reporting concerning the Project. The Local Government shall provide to NCTCOG on a monthly basis a report of expenses, including the Local Government’s expenditure of local match funds. The report shall list separately the expenditures by Project. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest earned during the month, and cumulative interest earned. The report shall further describe the status of developing the Project. Article 23. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 24. Amendments By mutual written consent of the Parties, this contract may be amended prior to its expiration. Article 25. Termination The Agreement may be terminated in the following manner: • by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligations set forth herein, after a 45 day period to cure after receiving written notice of non-compliance; CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 7 of 8 Article 26. Work by Debarred Person The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. Article 27. Sole Agreement The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement’s subject matter. Article 28. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. The Local Government may assign its interests under the Agreement only with the written approval of the State. Article 29. Remedies The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement. All remedies existing at law or in equity are available to either Party and are cumulative. Article 30. Legal Construction If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Article 31. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this Agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 8 of 8 THE STATE OF TEXAS By: Kenneth Stewart Director of Contract Services Texas Department of Transportation Date: THE LOCAL GOVERNMENT By: __________________________ Mike Land City Manager City of Coppell Date: _______________________ CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 1 of 1 Attachment A ATTACHMENT A Payment Provisions and Work Responsibilities For CSJ 0918-47-379, the State will pay $89,867 from the SH 121 Subaccount to purchase a combo crash safety attenuator/arrow board to improve roadway safety in the City of Coppell. In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work in the following Fiscal Years: Description Fiscal Year Total Estimate Cost Regional Toll Revenue (RTR) SH 121 Subaccount Funds Participation Local Government Participation Non-Construction (Implementation) 2023 $112,334 $89,867 $22,467 TOTAL $112,334 $89,867 $22,467 The Local Government required match is $22,467. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State. The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic. Work Responsibilities: City of Coppell Attenuator Truck will be deployed as a primary traffic blocking response unit for incidents on or adjacent to the roadway throughfares within the City of Coppell with speed limits at or above 40mph. The truck will also serve other areas within the DFW region via existing mutual and automatic aid agreements. The truck will be used to increase the safety of first responders, victims, and the public during the clearance of traffic incidents. The truck will also carry additional traffic mitigation equipment such as cones, speed bumps, absorbent for spills, and other materials to support safety and management of motor vehicle accidents. The specific roads that are 40 mph and above within the City of Coppell are: • Airline Drive from its intersection with Freeport Parkway east to its intersection with Belt Line Rd • Belt Line Rd from Denton Tap east to east City Limits • Belt Line Rd from Belt Line Road/Southwestern Blvd/Denton Tap south to the south City Limits (south right of way of IH 635) • Bethel Rd from Freeport Parkway west to west City Limits CSJ: 0918-47-379 AFAID: Z00004128 Project: Incident Management Freeway Blocking Equipment Limits: Various locations in the City of Coppell District: 18-Dallas Code Chart: 09700 Funding Category: Cat 3. RTR (SH 121) Page 1 of 1 Attachment A • Denton Tap Rd from north City Limits to the north side of SH 121 • Denton Tap Rd from north side of SH 121 south to its point of intersection with Belt Line Rd/Southwestern Blvd • Freeport Pkwy • Gateway Blvd • Royal Ln • Sandy Lake Rd • Southwestern Blvd from its point of intersection with Coppell Rd west to its point of intersection with Freeport Pkwy • State Highway 121 Frontage Road- Northbound State Highway 121 Frontage Road from Northpoint Drive west to Denton Creek • State Highway 121 Frontage Road- Eastbound and Westbound, Between SH 121 Business and Eastern City Limits Further, the department is a primary responder to incidents on over 9 miles of highway on IH 635, SH 121, and Sam Rayburn Tollway Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6654 File ID: Type: Status: 2022-6654 Agenda Item Consent Agenda 1Version: Reference: In Control: Fire 12/02/2022File Created: Final Action: LSP AV EquipmentFile Name: Title: Consider approval authorizing the purchase and installation of Life Safety Park’s Audio-Visual Equipment by AVISPL under DIR Contract DIR-CPO-5078, in the amount of $73,762.42, as budgeted; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, AVI-SPL 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 2022-6654 Title Consider approval authorizing the purchase and installation of Life Safety Park’s Audio-Visual Equipment by AVISPL under DIR Contract DIR-CPO-5078, in the amount of $73,762.42, as budgeted; and authorizing the City Manager to sign all necessary documents. Summary See attached staff memo. Fiscal Impact: The fiscal impact of this agenda item is $73,762.42. The funds are budgeted for the replacement of this equipment in the General Fund, Emergency Management’s 2022-2023 budget. Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6654) The Fire Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Fire Chief Kevin Richardson Date: December 13, 2022 Reference: Consider approval authorizing the purchase and installation of Life Safety Park’s Audio-Visual Equipment by AVISPL under DIR Contract DIR-CPO-5078, in the amount of $73,762.42, as budgeted; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: The purpose of this agenda item is to consider purchase and installation of various audio-visual equipment and associated technology at Life Safety Park, located at 820 S. Coppell Road. The proposed updates apply to the Divisible Training Rooms (also known as Meeting Rooms) and are primarily limited to the Crestron Digital Media Routing/Switching and control systems and projectors. These spaces are currently using a single centralized system, which make all the rooms more vulnerable to failure from the malfunction of a single component. Maintenance and repair of the current system has occasionally caused all these spaces to be offline simultaneously. The proposed updates create independent technology solutions for each space, which will improve the overall uptime of the AV systems. Background: Life Safety Park’s mission is benefiting the citizens of the City of Coppell, by bridging life safety topics and public education efforts. Opened in January of 2017, the facility provides life safety education to children and adult visitors throughout the area and offers meeting spaces for community organizations and city staff. Lessons and programs offered within Life Safety Park provide a foundation for a lifetime of living safely. Over the past six years, Life Safety Park and Emergency Management staff at the facility have identified a need for changes to the audio/visual equipment. Life Safety Park, Emergency Management and Department of Enterprise Solutions staff have evaluated the multiple meeting rooms capabilities and determined that a replacement of equipment is necessary to meet current technology requirements for efficient use. Staff have worked closely with stakeholders, vendor staff and the 2 Department of Enterprise Solutions on a proposed solution. This process was included in the budget process and approved in the budget for fiscal year 2022-2023. Benefit to the Community: The proposed changes will maximize the City of Coppell’s investment in meeting and collaboration technology by utilizing industry best practices for system design and is deploying proven and reliable devices and services. The training rooms are heavily utilized for public safety training by Life Safety Park staff, community organization meeting, City department staff meetings, as well as during Emergency Operations Center (EOC) activations. Failure to proceed with this equipment replacement may hamper the ability of Life Safety Park to efficiently provide services to the public and City departments at the facility. Further, it could impede the ability to maintain adequate situation awareness during City-wide command and control functions during an emergency operations center activation when the EOC is required. 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 $73,762.42. The funds are budgeted for the replacement of this equipment in the General Fund, Emergency Management’s 2022-2023 budget. Recommendation: The Fire Department recommends approval. Proposal Prepared For 2701 E. State Highway 121 Suite 800 Lewisville, TX 75056 214-505-4136 www.avispl.com City Of Coppell City of Coppell LSP Training Rm Updates DIR Craig.Taylor@avispl.com Prepared by:Craig Taylor Proposal no:406582-1 AVI-SPL LLC Proposal #: 406582-1 Contract #: TXDIR-CPO-5078 1 | P a g e Complies with State of Texas DIR Contract DIR-CPO-5078 Investment Summary City Of Coppell 820 S. Coppell Road Coppell, TX 75019-4513 Valid Until:01/18/2023 406582-1Proposal #: 10/19/2022Date Prepared: Craig Orris TaylorPrepared By:Julian ColemanPrepared For: Total $73,762.42 Exempt (*)Tax $73,762.42Subtotal Purchase orders should be addressed to AVI-SPL LLC * Exemption from sales tax will be recognized only after a valid sales tax exemption certificate or other appropriate documentation of exemption has been provided to and approved by AVI-SPL; otherwise all applicable sales taxes will apply. Due to global semiconductor ("chip") shortages and supply chain disruptions pricing quoted in this proposal may change. Installation schedules are subject to current (daily) product availability and may be delayed or postponed. Total Equipment Cost $44,405.44 Includes cable, connectors, hardware, switches, relays, terminal blocks, panels, etc., to ensure complete and operational system Installation Services $6,125.60 Includes installation, sub-contractor labor, and wiring Design, Integration, and Other Services $12,412.40 Includes engineering, project management, CAD, coordination and supervision, testing, checkout, owner training, etc. performed on the Owner's premises. Also includes all programming, warranties, etc., some performed at AVI-SPL Direct Costs $0.00 Includes non equipment or labor costs, such as travel expenses, per diem, lift and vehicle rentals General & Administrative $258.71 Includes G & A expenses: vehicle mileage, as applicable Miscellanous Charges $1,110.46 Services - Room Support and Maintenance $9,449.81 Includes post-installation support and maintenance options selected for installed rooms This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 406582-1 Contract #: TXDIR-CPO-5078 2 | P a g e Complies with State of Texas DIR Contract DIR-CPO-5078 Three Years Buyer Authorized Signatory Title DateBuyer Authorized Signatory Name Buyer Authorized Signature Buyer Acceptance Buyer Legal Entity Terms and Conditions Billing and Payment Terms This Proposal together with AVI-SPL’s General Terms and Conditions and the applicable Addendum(a) located here and incorporated herein by this reference (collectively the “Agreement”) constitutes the entire agreement between AVI-SPL LLC (“Seller”, “AVI-SPL”, “we”, “us”, “our”) and the buyer/customer identified in the Proposal (“Buyer”, “Customer”, “Client”, “you”, “your”) with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations and understandings of the Parties, written or oral. By signing below, issuing a valid purchase order for the Services and/or Products specified herein or receiving the Products and/or Services specified herein, whichever occurs first, Buyer acknowledges it has read and agrees to the terms of this Agreement. This Agreement shall not be binding upon Seller until accepted by Buyer as set forth in this Agreement and the earlier of Seller’s confirmation in writing of Buyer’s order and Seller’s performance under the applicable Proposal. Any terms and conditions contained in Buyer’s purchase order or any other Buyer-provided documents related to this transaction shall have no effect and are hereby rejected. Notwithstanding anything herein to the contrary, if a master services agreement signed by both Parties is in effect covering the sale of the Services and/or Products that are the subject of this Proposal, the terms and conditions of said agreement shall prevail to the extent they conflict or are inconsistent with this Agreement. Unless otherwise agreed in writing by Buyer and Seller in the Proposal, the total Proposal price, excluding the price for Stand-alone Services (as defined in this section), shall be billed as follows, subject to continuing credit approval: 50% down payment at time of order, 40% upon delivery at Seller; 10% upon project completion and Buyer sign-off or first beneficial use, whichever occurs first, payable net 30 from Buyer’s receipt of invoice. For purposes of this Agreement, “Stand- alone Services” means any Services not attached to an installation project. Billing and payment terms for Stand-alone Services are set forth in the applicable Service Addendum(a). Unless otherwise specified in the Proposal, Products are sold F.O.B. origin-Buyer to pay all shipping charges. If this Proposal covers Products or Services for more than one system, room, suite, or location, for purposes of payment in accordance with payment terms stated on the face hereof each room, suite, or location shall be treated as if the subject of a separate sale and payment made accordingly. Unless otherwise specified in the Proposal, all pricing and amounts are in US Dollars and all billing and payment shall be made in US Dollars. Link to AVI-SPL Terms and Conditions:https://avispl.com/terms-of-use/ This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 406582-1 Contract #: TXDIR-CPO-5078 3 | P a g e Following Terms and Conditions are superseded by Texas DIR Contract DIR-CPO-5078 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6652 File ID: Type: Status: 2022-6652 Agenda Item Consent Agenda 1Version: Reference: In Control: Fire 12/02/2022File Created: Final Action: Life Pak Cardiac Monitor Maintenance AgreementFile Name: Title: Consider approval authorizing to purchase onsite preventive maintenance and repair services from Stryker Medical for the Coppell Fire Department Cardiac Monitor/Defibrillators in the amount of $78,502.60 as budgeted; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Stryker Preventive Maintenance Contract.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6652 Title Consider approval authorizing to purchase onsite preventive maintenance and repair services from Stryker Medical for the Coppell Fire Department Cardiac Monitor/Defibrillators in the amount of $78,502.60 as budgeted; and authorizing the City Manager to sign all necessary documents. Summary See attached staff memo Fiscal Impact: This request is to purchase preventive maintenance and repair services for the Fire Department Cardiac Monitor/Defibrillators from Stryker Medical. The fiscal impact of this agenda item will be $78,502.60 as budgeted in FY22-23. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6652) Staff Recommendation: The Fire Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Kevin Richardson, Fire Department Date: December 13, 2022 Reference: Consider approval authorizing to purchase onsite preventive maintenance and repair services from Stryker Medical for the Coppell Fire Department Cardiac Monitor/Defibrillators in the amount of $78,502.60 as budgeted; and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: The Coppell Fire Department (CFD) is requesting to purchase onsite preventive maintenance and repair services from Stryker Medical for the fleet of Life Pak 15 Cardiac Monitor/Defibrillators in the amount of $78,502.60, as budgeted. This request is to purchase an additional four years of onsite preventive maintenance and repair services for the eleven (11) Life Pak 15 Cardiac Monitors/Defibrillator equipment currently in use. CFD originally purchased four years of onsite preventive maintenance and repairs service with the purchase of the Life Pak 15 Cardiac Monitor/Defibrillators. The current maintenance and repair service agreement expires on 1/2/2023. Background: The Coppell Fire Department currently provides the highest level of Emergency Medical Service authorized by the Texas Department of State Health Services. This premier level of Advanced Life Support (ALS) is primarily related to our paramedic’s ability to treat cardiac emergencies. The ability to arrive quickly and perform patient assessment with early recognition and appropriate treatment for heart attacks has saved many lives. The CFD currently supports the Advanced Life Support model for all Emergency Response Units. This ensures the highest level of EMS capabilities for all Ambulances, Fire Engines, and Ladder Trucks and has been the standard of care for many years. The current Cardiac Monitoring equipment was purchased 4 years ago and has been deployed on nearly 8,000 EMS calls for service in that time. Benefit to the Community: 2 The community benefits by ensuring that the CFD can maintain operational readiness for all incidents related to cardiac arrest patients and other critical medical conditions. Consequences of not funding the request may result in reduced services for cardiac arrest patients and other critical medical conditions. The potential exists for unreliable equipment, frequent down time, extended service calls, excessive maintenance, and related costs. Legal Review: Agenda item did not require legal review. Fiscal Impact: The fiscal impact of this agenda item will be $78,502.60, as budgeted in FY22-23. Recommendation: The Fire Department recommends approval. Sales Rep Name: ProCare Service Rep: Date: ID #: Billing Acc Num:Name:Lawton Hansen Shipping Acct Num:Title: Account Name Phone: Account Address Email: City, State Zip Start Date: End Date: Stryker Signature Date Customer Signature Date If contract is over $5,000 please send hard copy PO This is not an invoice. A physical invoice will be mailed. Remit payment to: P.O. Box 93308 Chicago, IL 60673-3308 LP15 LifePak 15 LP15 Prevent Onsite Mike Glass ProCare Total $92,356.00 COMMENTS: Please email signed Proposal and Purchase Order to procarecoordinators@stryker.com. All information contained within this quotation is considered confidential and proprietary and is not subject to public disclosure. **Quote pricing valid for 30 days. 1/2/2027 Unless otherwise stated on contract, payment is expected upfront. 11 4 $23,089.00 $92,356.00 Item No. Model Number Qty Yrs Annual Price TotalProCare ProgramModel Description 1 Gary Montana 3800 E. Centre Ave Portage, MI 49009 PROCARE PROPOSAL SUBMITTED TO: PROCARE COVERAGE 1077869 City of Coppell Fire Admin 265 E Parkway Blvd 12/8/2022 Discount 15% FINAL TOTAL $78,502.60 ProCare LIFEPAK 15 Prevent Service: Annual onsite preventive maintenance inspection and unlimited repairs including parts, labor and travel with battery coverage PROGRAM INCLUDES: 1/3/2023 Purchase Order Number The Terms and Conditions of this quote and any subsequent purchase order of the Customer are governed by the Terms and Conditions located at https://techweb.stryker.com The terms and conditions referenced in the immediately preceding sentence do not apply where Customer and Stryker are parties to a Master Service Agreement. lhansen@coppelltx.gov LP15 Prevent Onsite: 221208101953 (972) 304-3521 Coppell, TX 75019 1077869 8 LP15 46606522 LP15 Prevent Onsite 9 LP15 46607234 LP15 Prevent Onsite 10 LP15 46607011 LP15 Prevent Onsite 11 LP15 Serial Number Program 46606454 LP15 Prevent Onsite 46607416 LP15 Prevent Onsite 46607527 LP15 Prevent Onsite 46606358 LP15 Prevent Onsite 46606625 LP15 Prevent Onsite 46585147 LP15 Prevent Onsite 46606334 LP15 Prevent Onsite 46606083 LP15 Prevent Onsite 6 7 4 5 2 3 SERIAL NUMBER SHEET Model LP15 Item No. 1 LP15 LP15 LP15 LP15 LP15 LP15 Purchase Order Form Account Manager Purchase Order Date Cell Phone Expected Delivery Date Stryker Quote Number Check box if Billing same as Shipping BILL TO CUSTOMER #SHIP TO CUSTOMER # Billing Account Num Shipping Account Num Company Name Company Name Contact or Department Contact or Department Street Address Street Address Addt'l Address Line Addt'l Address Line City, ST ZIP City, ST ZIP Phone Phone Authorized Customer Initials Authorized Customer Initials DESCRIPTION QTY TOTAL REFERENCE QUOTE Accounts Payable Contact Information Name Email Phone Authorized Customer Signature Printed Name Title Signature Date Attachment Stryker Quote Number 221208101953 *Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services on the Stryker Quote. Stryker Terms and Conditions https://techweb.stryker.com 1077869 221208101953 City of Coppell Fire Admin Lawton Hansen 1077869 265 E Parkway Blvd Coppell, TX 75019 (972) 304-3521 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6653 File ID: Type: Status: 2022-6653 Agenda Item Consent Agenda 1Version: Reference: In Control: Fire 12/02/2022File Created: Final Action: Radio ReplacementsFile Name: Title: Consider approval authorizing the purchase of replacement radios for the Fire Department through a cooperative program with Houston Galveston Area Council (HGAC) in the amount of $79,864.26 as budgeted; and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, HGAC Contract Pricing Worksheet.pdf, APX6000XE_Enhanced DataSheet.pdf, APX8500_DataSheet.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 2022-6653 Title Consider approval authorizing the purchase of replacement radios for the Fire Department through a cooperative program with Houston Galveston Area Council (HGAC) in the amount of $79,864.26 as budgeted; and authorizing the City Manager to sign all necessary documents. Summary See attached staff memo. Fiscal Impact: The combined cost of two mobile and ten portable radios costs $79,864.26. The funds have been budgeted in Emergency Management - Communications Equipment (10104225-6925). Staff Recommendation: The Fire Department recommends the purchase the Motorola mobile and portable radios. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6653) These radios will be purchased from Motorola under HGAC contract #RA05-18. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Fire Chief Kevin Richardson Date: December 13, 2022 Reference: Consider approval authorizing the purchase of replacement radios for the Fire Department through a cooperative program with Houston Galveston Area Council (HGAC) in the amount of $79,864.26 as budgeted; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The Fire Department is seeking the purchase of replacement radios as part of a tiered replacement of front-line radios to reduce the budgetary impact and logistical challenges of wholesale replacement of the affected radio fleet. The ability to maintain operational readiness and communication for all Fire and Emergency Medical Service incidents continues to be a priority. The use of land-mobile radios remains a mission critical component of public safety communications. The demands for these radios exceed those of normal consumer electronics due to the operating environment of firefighters. Some components of the portable radios are required to be submersible in water, safely operated in explosive environments, and capable of continued operation after direct exposure to temperatures reaching five-hundred degrees. Some of the radios currently in use are approaching a decade of front-line service and are quickly approaching their manufacturer support “end of life” date. Background: The Coppell Fire Department currently maintains twenty (20) mobile and fifty-two (52) portable radios capable of “front-line” service. Manufacturer support “end of life” for the APX-6000 series was announced more than two years ago. The “end of life” support date is scheduled for December 31, 2023, after which firmware updates, new feature updates, and factory repair services will no longer be available. The CFD has a tiered replacement schedule and re-assigns radios to non- emergency functions if parts and functionality remain intact. 2 Benefit to the Community: The ability to maintain operational readiness and communication for all Fire and Emergency Medical Service incidents. 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 combined cost of two (2) mobile and ten (10) portable radios costs $79,864.26. The funds have been budgeted in Emergency Management – Communications Equipment. Recommendation: The Fire Department recommends purchasing Motorola mobile and portable radios via HGAC contract #RA05-18. Contract Pricing Worksheets Rev 02-05-07 NOTE: Purchase Orders are not valid unless a copy of the completed worksheet and the customer's order are faxed to HGACBuy at: 713-993-4548 This Workbook contains three versions of HGACBuy's Contract Pricing Worksheet. One is for Standard Equipment / Services, one is for Catalog or Price Sheet type purchases, and the third is for Motor Vehicles only. See tabs at bottom to select appropriate Worksheet. Please contact H-GAC staff about use of the worksheets if you have any questions. Toll Free - 800.926.0234 Contract No.:RA05-18 Date Prepared:10/18/2022 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 2 $4,136.91 8273.82 4 $48.18 192.72 2 $238.71 477.42 2 $361.35 722.7 2 $1,204.50 2409 2 $176.00 352 2 $381.79 763.58 2 $507.35 1014.7 2 $0.00 0 2 $0.00 0 2 $457.71 915.42 2 $0.00 0 64742.9 79864.26 Quan Unit Pr Total 0 0 0 0 0 0% 0 79864.26 CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases 972-957-2615 214-355-4955 General Description of Product:TWO WAY RADIO COMMUNICATION EQUIPMENT KREINARTZ@COPPELLTX.GOV MOTOROLA SOLUTIONS/BEARCOM AUSTIN GARDENHIRE 214-470-9171 AUSTIN.GARDENHIRE@BEARCOM.COM G67DG ADD: REMOTE MOUNT 07MP G843AH ADD: AES ENCRYPTION AND ADP Catalog / Price Sheet Name:APX 8500 Description A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary G831AD ADD: SPKR 15W WATER RESISTENT G51AT ENH: SMARTZONE G78AT ENH: 3 YEAR ESSENTIAL SVC This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. COPPELL, CITY OF KEVIN REINARTZ 972-462-5378 Total From Other Sheets, If Any: C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description M37TSS9PW1AN APX8500 ALL BAND MP MOBILE GA00580AA ADD: TDMA OPERATION GA00805AA ADD: APX 07 CONTROL HEAD (STANDARD KEYPAD) Total From Other Sheets, If Any: G89AC ADD: NO RF ANTENNA NEEDED Delivery Date: D. Total Purchase Price (A+B+C): B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) G444AH ADD: APX CONTROL HEAD SOFTWARE GA00092AF ADD: APX DUAL-CONTROL HARDWARE (07 STANDARD KEYPAD) GA01517AA DEL: NO J600 ADAPTER CABLE NEEDED Subtotal A: Subtotal C: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: Subtotal B: 2 $413.91 $827.82 4 $57.67 $230.68 2 $240.90 $481.80 4 $20.44 $81.76 2 $264.99 $529.98 2 $0.00 $0.00 10 $2,624.35 $26,243.50 10 $0.00 $0.00 10 $240.90 $2,409.00 10 $642.40 $6,424.00 10 $121.00 $1,210.00 10 $361.35 $3,613.50 10 $132.86 $1,328.60 10 $240.90 $2,409.00 10 $963.60 $9,636.00 10 $20.44 $204.40 10 $413.91 $4,139.10 11 $180.00 $1,980.00 6 $498.96 $2,993.76 TOTAL $64,742.90 G806BL ENH: ASTRO DIGITAL CAI OP APX W22BA ADD: STD PALM MICROPHONE APX G361AH ENH: P25 TRUNKING SOFTWARE APX G610AC ADD: REMOTE MOUNT CABLE 30 FT APX W969BG ADD: MULTIKEY OPERATION GA01606AA ADD: NO GPS/WI-FI ANTENNA NEEDED H98UCF9PW6BN APX6000 700/800 MODEL 2.5 PORTABLE Q667BB ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US ONLY) Q361AR ADD:P25 9600 BAUD TRUNKING QA02006AA ENH: APX6000XE RUGGED RADIO Q58AL ADD: 3Y ESSENTIAL SERVICE QA00580AC ADD: TDMA OPERATION PMMN4106D AUDIO ACCESSORY-REMOTE SPEAKER MICROPHONE, XE500 GR QA07576AB ALT: TIA4950 BATT IMPRES 2 LIION 4600MAH (PMNN4573A) QA09001AB ADD: WIFI CAPABILITY H38BT ADD: SMARTZONE OPERATION QA01427AB ALT: IMPACT GREEN HOUSING Q806BM ADD: ASTRO DIGITAL CAI OPERATION PMNN4573A BATT IMPRES 2 LIION TIA4950 R IP68 4600T PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO APX ™ 6000XE SINGLE-BAND PORTABLE RADIO From day one, the APX 6000XE P25 two-way portable radio has met agencies’ most demanding performance expectations. It delivers trusted performance in a single-band solution without compromising on the extreme form factor or features that are required for routine activities and emergencies. Now, as the ever increasing needs of public safety personnel grow, we are evolving the APX 6000XE to support new technologies like Wi-Fi®, Adaptive Audio Engine, and Bluetooth® 4.0 wireless technology. VOICE AND DATA, ALL AT ONCE Update your radio fleet without interrupting voice communications with secure Wi-Fi. This dramatically improves the speed of configuring new codeplugs, firmware and software features over-the-air via Radio Management*. Agencies can pre-provision up to 20 secure Wi-Fi hotspots so personnel can easily access updates at the facility or in the field. HEAR AND BE HEARD The APX 6000XE is equipped with a 3-watt speaker, 3 integrated microphones and Adaptive Audio Engine. This changes the level of noise suppression, microphone gain, windporting and speaker equalization to produce clear and loud audio in any environment. EMERGENCY FIND ME Bluetooth 4.0 places a wide range of wireless accessories at your disposal and provides personnel with an added level of security by improving response time in emergencies. With Emergency Find Me, a Bluetooth- enabled beacon signal guides other Bluetooth-enabled APX radios within range to assist the user in distress. CLEAR IN-MASK COMMUNICATIONS With Bluetooth 4.0 standard on all APX XE radios, we are able to partner with SCBA industry leaders to provide in-mask communications so you can clearly hear and be heard. Collaborations with both MSA and Scott Safety allow us to deliver intelligible voice and data communications. PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO SEAMLESS ON-SCENE COMMUNICATION Ensure fast and seamless communication and collaboration across all responders arriving on a scene. Mission Critical Geofence automatically changes a radio’s active talkgroup based on its GPS location and an agency-defined virtual barrier. For example, an incident commander can create a geofence around the 3-block radius of a burning building so that all arriving military personnel are automatically placed in the same talkgroup. IMPROVE SAFETY WITH REAL-TIME DATA APX Personnel Accountability Application allows incident command personnel to quickly and accurately account for first responders with APX radios roll call and an interactive GUI. This real-time information allows you to maintain control of a chaotic fireground. PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO 1 Per the FCC Narrowbanding rules, new products (APX6000XE UHFR1, UHFR2 ) submitted for FCC certification after January 1, 2011 are restricted from being granted certification at 25 kHz for United States - State & Local Markets only. 2 CPS version R12.00.00 and greater ordered after June 2014 will only support Windows 7 and 8 PROGRAMMING •Utilizes Windows 7 & 8 Customer Programming Software (CPS) with Radio Management2 ADAPTIVE AUDIO ENGINE (OPTIONAL) •3 Watt Speaker with Adaptive Equalization •Adaptive Dual-Sided Operation •Adaptive Noise Suppression Intensity •Adaptive Gain Control •Adaptive Windporting OPTIONAL FEATURES • Wi-Fi 802.11 b/g/n •Data Modem Tethering • RFID Volume Knob •Multi-key for 128 keys and Multi-Algorithm •Programming Over Project 25 (OTAP) •Over the Air Rekey (OTAR) •Digital Tone Signaling •LEX L10 Collaboration •P25 Authentication • Man Down Sensor • High Impact Green and Public Safety Yellow Colored Housing Options SPECIFICATIONS RF BANDS •700/800 MHz, VHF, UHF Range 1 & UHF Range 2 •9600 Baud Digital APCO P25 Phase 1 FDMA and Phase 2 TDMA Trunking •3600 Baud SmartNet®, SmartZone®, SmartZone, Omnilink Trunking •Digital APCO 25, Conventional, Analog MDC 1200, Quick Call II System Configurations Narrow and Wide Bandwidth Digital Receiver (6.25 kHz Equivalent/25/20/12.5 KHz) STANDARD FEATURES • Mission Critical Wireless Bluetooth 4.0 (LE)1 •Emergency Find Me1 • IP68 (2m/4hr), Mil Std 512.X Delta - T •Listed by UL to the standards ANSI/TIA 4950-A and CAN/CSA C22.2 NO. 157-92 Classification Rating: Class I, Division 1, Groups C, D; Class II, Division 1, Group E, F, G; Class III, Hazardous (Classified) Locations. ANSI/ISA 12.12.01-2015 and CAN/CSA C22.2 No. 213-15; Class I, Division 2, Groups A, B, C, D; T3C. Tamb = -25 °C to +60 °C. When used with Motorola Battery: NNTN8921A NNTN8930A (Standard on XE) 7.4V •ASTRO 25 Integrated Voice & Data • Integrated GPS/GLONASS for Outdoor Location Tracking •Intelligent Priority Scan • Voice Announcements •Instant Recall •ISSI 8000 Roaming • Radio Profiles •Dynamic Zone •Intelligent Lighting TRANSMITTER - TYPICAL PERFORMANCE SPECIFICATIONS 700/800 VHF UHF Range 1 UHF Range 2 Frequency Range/Bandsplits 700 MHz 800 MHz 763-776, 793-806 MHz 806-824, 851-870 MHz 136-174 MHz 380-470 MHz 450-520 MHz Channel Spacing 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz Maximum Frequency Separation Full Bandsplit Full Bandsplit Full Bandsplit Full Bandsplit Rated RF Output Power Adj1 1-3 W Max 1-6 W Max 1-5 W Max 1-5 W Frequency Stability1 (–30 °C to +60 °C; +25 °C Ref.)±0.00010 %±0.00010 %±0.00010 %±0.00010 % Modulation Limiting1 ±5 kHz / ±4 kHz / ±2.5 kHz ±5 kHz / ±4 kHz / ±2.5 kHz ±5 kHz / ±4 kHz / ±2.5 kHz ±5 kHz / ±4 kHz / ±2.5 kHz Emissions (Conducted and Radiated)1 -75 dB -75 dB -75 dB -75 dB Audio Response1 +1, -3 dB +1, -3 dB +1, -3 dB +1, -3 dB FM Hum & Noise 25K 12.5k -52 dB -47 dB -55 dB -50 dB -52 dB -47 dB -52 dB -46 dB Audio Distortion1 700 MHz 800 MHz 1.00 %1.00 %1.00 %1.00 % 1 Measured in the analog mode per TIA / EIA 603 under nominal conditions •Single-Key ADP Encryption •IMPRES 2 Battery (NNTN8930) •Text Message •Software Key PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO BATTERIES FOR APX 6000XE Battery Capacity / Type Dimensions (HxWxD)Weight Battery Part Number Battery Capacity Li-Ion IMPRES 2 3400mAh 3.4” x 2.3” x 1.7”6.5 oz PMNN4486 3400 mAh Li-Ion IMPRES 2 4850mAh 5” x 2.3” x 1.7”11.0 oz PMNN4487 4850 mAh Li-Ion IMPRES 2 5100mAh 5” x 2.3” x 1.7” 11.0 oz PMNN4494 5100 mAh Li-Ion IMPRES 2 2650 mAh1 3.4” x 2.3” x 1.7”5.7 oz NNTN8930 2650 mAh Li-Ion IMPRES 2 4500mAh 5” x 2.3” x 1.7”11.0 oz NNTN8921 4500 mAh RADIO MODELS MODEL 1.5 MODEL 2.5 MODEL 3.5 Display Full bitmap monochromatic LCD top display 1 line text x 8 characters 1 line of icons No menu support Multi-color backlight Top display plus: Full bitmap color LCD display 4 lines of text x 14 characters 2 lines of icons 1 menu line x 3 menus White backlight Top display plus: Full bitmap color LCD display 4 lines of text x 14 characters 2 lines of icons 1 menu line x 3 menus White backlight Keypad none Backlit keypad 3 soft keys 4 direction Navigation key Home and Data buttons Backlit keypad 3 soft keys 4 direction Navigation key 4x3 keypad Home and Data buttons Channel Capacity1 96 1000 1000 FLASHport Memory 64 MB 64 MB 64 MB 700/800 MHz (763-870 MHz)H98UCD9PW5BN H98UCF9PW6BN H98UCH9PW7BN VHF (136-174 MHz)H98KGD9PW5BN H98KGF9PW6BN H98KGH9PW7BN UHF Range 1 (380-470 MHz)H98QDD9PW5BN H98QDF9PW6BN H98QDH9PW7BN UHF Range 2 (450-520 MHz)H98SDD9PW5BN H98SDF9PW6BN H98SDH9PW7BN Buttons & Switches Large PTT button Angled On/Off volume control Orange emergency button 16 position top-mounted rotary switch 2-position concentric switch Multi-color backlight 3-position toggle switch 3 programmable side buttons Regulatory Information FCC ID Industry Canada 700/800 (764-869 MHz)AZ489FT7086 109U-89FT7086 VHF (136-174 MHz)AZ489FT7087 109U-89FT7087 UHF Range 1 (380-470 MHz)AZ489FT7077 109U-89FT7077 UHF Range 2 (420-520 MHz)AZ489FT7085 109U-89FT7085 FCC Emissions Designators FCC Emissions Designators 11K0F3E, 16K0F3E, 8K10F1D, 8K10F1E, 8K10F1W, 20K0F1E2 Power Supply Power Supply One rechargeable Li-Ion IMPRES 2 2650 mAh Battery Standard (NNTN8930), with alternate battery options available. 1 Enhancement package available 2 Per the FCC Narrowbanding rules, new products (APX6000 UHFR1, UHFR2 ) submitted for FCC certification after January 1, 2011 are restricted from being granted certification at 25KHz for United States - State & Local Markets only. 1 The standard shipping battery for the APX 6000XE Li-Ion IMPRES 2, 3100 mAh, TIA 4950-A, IP68 3.4” x 2.3” x 1.7”7.1 oz PMNN4547 3100 mAh PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO RECEIVER - TYPICAL PERFORMANCE SPECIFICATIONS 700/800 VHF UHF Range 1 UHF Range 2 Frequency Range/Bandsplits 700 MHz 800 MHz 763-776 MHz 851-870 MHz 136-174 MHz 380-470 MHz 450-520 MHz Channel Spacing 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz Maximum Frequency Separation Full Bandsplit Full Bandsplit Full Bandsplit Full Bandsplit Audio Output Power at Rated1 500 mW 500 mW 500 mW 500 mW Analog Sensitivity2 Digital Sensitivity3 12 dB SINAD 1% BER (800 MHz) 5% BER 0.25 μV 0.375 μV 0.24 μV 0.17 μV 0.243 μV 0.15 μV 0.224 μV 0.298 μV 0.200 μV 0.203 μV 0.296 μV 0.204 μV Selectivity1 25 kHz channel 12.5 kHz channel -76 dB -70 dB -78 dB -73 dB -77 dB -67 dB -76 dB-67 dB Intermodulation -80.1 dB -80.2 dB -80.3 dB -80.2 dB Spurious Rejection -75 dB -78 dB -80.5 dB -80.8 dB FM Hum and Noise 25 kHz 12.5 kHz -54 dB -79 dB -54.3 dB -50.1 dB -53.5 dB -47.5 dB -52.5 dB -47.3 dB Audio Distortion at Rated1 0.90%0.90%0.70%0.70% PORTABLE MILITARY STANDARDS 810 C, D, E , F & G MIL-STD 810C MIL-STD 810D MIL-STD 810E MIL-STD 810F MIL-STD 810G Method Proc./Cat. Method Proc./Cat. Method Proc./Cat. Method Proc./Cat. Method Proc./Cat. Low Pressure 500.1 I 500.2 II 500.3 II 500.4 II 500.5 II High Temperature 501.1 I, II 501.2 I/A1, II/A1 501.3 I/A1, II/A1 501.4 I/Hot, II/Basic Hot 501.5 I/A1, II/A2 Low Temperature 502.1 I 502.2 I/C3, II/C1 502.3 I/C3, II/C1 502.4 I/C3, II/C1 502.5 I/C3, II/C1 Temperature Shock 503.1 I 503.2 I/A1C3 503.3 I/A1C3 503.4 I 503.5 I/C Solar Radiation 505.1 II 505.2 I 505.3 I 505.4 I 505.5 I/A1 Rain 506.1 I, II 506.2 I, II 506.3 I, II 506.4 I, III 506.5 I, III Humidity 507.1 II 507.2 II 507.3 II 507.4 1 Proc 507.5 II/Aggravated Salt Fog 509.1 I 509.2 I 509.3 I 509.4 1 Proc 509.5 1 Proc Blowing Dust 510.1 I 510.2 I 510.3 I 510.4 I 510.5 I Blowing Sand 1 Proc 1 Proc 510.2 II 510.3 II 510.4 II 510.5 II Immersion 512.1 I 512.2 I 512.3 I 512.4 I 512.5 I Vibration 514.2 VIII/F, Curve-W 514.3 I/10, II/3 514.4 I/10, II/3 514.5 I/24 514.6 I/24 Shock 516.2 I, III, V 516.3 I, V, VI 516.4 I, V, VI 516.5 I, V, VI 516.6 I, V, VI Shock (Drop)516.2 II 516.2 IV 516.4 IV 516.5 IV 516.6 IV 1 Measured in the analog mode per TIA / EIA 603 under nominal conditions 2 Measured conductively in digital mode per TIA / EIA IS 102.CAAA under nominal conditions. 3 Accuracy specs are for long-term tracking (95th percentile values >5 satellites visible at a nominal -130 dBm signal strength). PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO ENCRYPTION Supported Encryption Algorithms ADP, 256-bit AES, DES, DES-XL, DES-OFB, DVP-XL Encryption Algorithm Capacity 8 Encryption Keys per Radio Module capable of storing 1024 keys. Programmable for 64 Common Key Reference (CKR) or 16 Physical Identifier (PID) Encryption Frame Re-sync Interval P25 CAI 300 mSec Encryption Keying Key Loader Synchronization XL – Counter Addressing OFB – Output Feedback Vector Generator National Institute of Standards and Technology (NIST) approved random number generator Encryption Type Digital Key Storage Tamper protected volatile or non-volatile memory Key Erasure Keyboard command and tamper detection Standards FIPS 140-2 Level 3 FIPS 197 GPS/GPS/GNSS SPECIFICATIONS Constellations GPS & GLONASS Tracking Sensitivity -164 dBm Accuracy1 <5 meters (95%) Cold Start <60 seconds (95%) Hot Start <5 seconds (95%) Mode of Operation Autonomous (Non-Assisted) DIMENSIONS OF THE RADIOS WITHOUT BATTERY Length 6.2 in 156 mm Width Push-To-Talk button 2.4 in 61 mm Depth Push-To-Talk button 1.4 in 36 mm Width Top 3.3 in 84 mm Depth Top 2.1 in 54 mm Depth Bottom of Battery 1.2 in 32 mm Weight of the radios without battery 13.7 oz 389 g RUGGED SPECIFICATIONS Leakage (submersion) MIL-STD-810 C, D, E, F and G Method 512.X Procedure I, IP68 (2 meters, 4 hours) ENVIRONMENTAL SPECIFICATIONS Operating Temperature2 -30 ºC to +60 ºC Storage Temperature2 -50 ºC to +85 ºC Humidity Per MIL-STD ESD IEC 801-2 KV Water and Dust Intrusion IP68 (2 meters, 4 hours) 1 Measured conductively in analog mode per TIA / EIA 603 under nominal conditions 2 Temperatures listed are for radio specifications. Battery storage is recommended at 25 °C, ±5 °C to ensure best performance. HOUSING COLOR Black (Standard), Public Safety Yellow, and High Impact Green PRODUCT DATA SHEET | APX 6000XE SINGLE-BAND PORTABLE RADIO EMISSION DESIGNATORS LMR:8K10F1D, 8K10F1E, 8K10F1W, 11K0F3E, 16K0F3E, 20K0F1E Bluetooth: 852KF1D, 1M17F1D, 1M19F1D, 1M04F1D WLAN (Wi-Fi):13M7G1D, 17M0D1D, 18M1D1D WIRELESS CONNECTIVITY AND SECURITY Frequency Range/Bandsplits: Bluetooth: 2402 - 2480 MHz, WLAN (Wi-Fi): 2400 - 2483.5 MHz WLAN (Wi-Fi) 802.11 b/g/n supports WPA-2, WPA, WEP security protocols; radio can be pre-provisioned with up to 20 SSIDs1 Mission Critical Wireless Bluetooth 2.1 uses 96 bit encryption for pairing & 128 bit encryption for voice, signaling and data. The radio BT supports up to 6 data connections and 1 audio connection Bluetooth 4.0 Low Energy uses 128-bit AES-CCM encryption 1 2400 - 2483.5 MHz for EMEA region and includes guardband. Channels 1 – 11 used for FCC/IC region. Motorola Solutions Ltd. Nova South, 160 Victoria Street, London, SW1E 5LB, UK. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 02-2020 DATASHEET APX 8500 Your next incident doesn’t care about frequencies and neither should your first responders. Give them the communication tools to stay connected and stay safe wherever the call takes them. Give them the APX 8500 all-band mobile radio. The APX 8500 radio enables you to exchange critical voice and data seamlessly with multiple agencies and jurisdictions operating on different radio bands. The available high-power transmitter gives you extraordinary P25 range while the integrated Wi-Fi, Bluetooth or tethered in-vehicle broadband modem can extend communication beyond P25 radio service areas. Offload data to a broadband connection and create a data ecosystem in and around your vehicle. Or, use your broadband connection to send and receive P25 voice and data when outside of P25 coverage. And when your vehicle sustains a high impact, the radio can automatically send an alert to dispatch. Stay connected and stay safe in more ways than ever with the all-band APX 8500 mobile radio. UNLIMITED MOBILITY. MAXIMUM CONNECTIVITY. ALL-BAND P25 MOBILE RADIO APX 8500 DEVICE MANAGEMENT SERVICES DESIGNED TO SECURE AND PROTECT FAST INFORMATION RETRIEVAL Running routine database queries doesn’t need to slow you down. Simply press a button on the keypad microphone and ask ViQi for the information you need. Keep your eyes on the situation and free up dispatchers to focus on more critical events. Move intelligence faster than ever with ViQi. ALL THE SUPPORT YOU NEED Motorola Solutions offers three levels of service plans – Essential, Advanced and Premier. From simple support for technical troubleshooting to a complete transfer of optimization and maintenance services to Motorola Solutions, you choose the level of support that suits you best. KEEP VOICE AND DATA PROTECTED The APX 8500 secures voice and data using multiple hardware encryption algorithms and the ability to rekey over the air, so it’s protected from scanners and eavesdroppers. What’s more, P25 Radio Authentication ensures only valid users can access the system while the available two-factor authentication secures database logins. PAGE 2DATASHEET APX 8500 BUILT-IN Wi-Fi VOICE AND DATA, ALL AT ONCE Packed with all the connections you need, the APX 8500 keeps your team in touch and within reach of over-the-air updates. Receive new codeplugs, firmware updates and software features at the speed of Wi-Fi— without interruptions to voice communications. ALL-BAND CONNECTIVITY SMARTCONNECT ALL BANDS. NO BOUNDARIES. With a 4-in-1 mobile radio and an all-band antenna, you now have the ability to stay connected and expand communications across multiple agencies with one device. Extend your reach further with an available high-power transmitter and communicate with widely dispersed teams across different bands. GET CONNECTED AND STAY CONNECTED When the mission takes you out of range, you risk being left in the dark. The APX 8500, equipped with SmartConnect, can reroute P25 voice and data communication over broadband via built-in Wi-Fi or a tethered LTE/satellite router. Stay connected to your P25 radio system, even when outside of P25 coverage. RF antenna port Accessory connectorGPS Wi-Fi/ Bluetooth DC power ViQi VIRTUAL PARTNER PAGE 3DATASHEET APX 8500 O2 CONTROL HEAD EXTREME USABILITY The O2 control head provides rugged simplicity for efficient and confident communication. Extreme controls with easy to read color display and a built-in 7.5 watt speaker provides clear visual and audible user experiences. Available in high impact green or black. E5 CONTROL HEAD UNMATCHED READABILTY. OPTIMIZED USABILITY. A bright color display and intelligent lighting makes the E5 easy to read under any condition while the optimized tactility and button placement reduces inadvertent actuations. O7 CONTROL HEAD INTEGRATED MULTI-FUNCTIONALITY The O7 is a sophisticated control head with a color display and built-in keypad. It can integrate your radio vehicle control into a single ergonomic interface and supports dual radio installations. O3 HANDHELD CONTROL HEAD HANDHELD FLEXIBILITY The O3 corded control head fits all your mobile controls in your hand. With the O3 your radio controls are never out of reach. Exaggerated design and rugged housing for extreme environments Programmable multi-select buttons Enlarged multi- function channel / volume knob Full color display with night mode and intelligent lighting Easy to read, anti-reflective color display Full color display with night mode and intelligent lighting Multi-function channel / volume knob Dedicated volume and channel knobs for quick control Programmable multi-select buttonsProgrammable menu buttons Integrated controls for siren and lights, PA and gunlock or DTMF keypad Integrated high density speaker for loud, clear audio Programmable buttons all around Full color display with intelligent lighting Programmable menu buttons Dedicated volume and channel rockers Fully integrated DTMF keypad APX 8500 CONTROL HEADS* Integrated control head and microphone design PAGE 3DATASHEET APX 8500 * Compatible O9 and O5 control heads not shown. Bluetooth MPP Pairing OPERATION MODES Digital Trunking: 9600 Baud APCO P25 Phase 1 FDMA and Phase 2 TDMA Digital Conventional: APCO 25 Analog Trunking: 3600 Baud SmartNet, SmartZone, Omnilink Analog Conventional: MDC 1200 ASTRO® 25 Integrated Voice and Data SmartConnect Multi-net Connectivity* FREQUENCY BANDS All-band: Simultaneous Operation in VHF, UHF Range 1, UHF Range 2, 700 and 800 MHz Bands 100 Watt High-Power available in VHF and UHF Range 1 bands (High-Power model only) Up to 3,000 Channels ADDITIONAL CONNECTIVITY Wi-Fi 802.11 b/g/n* Data Modem Tethering* SmartConnect* Bluetooth (Version 4.2)** MANAGEMENT Radio Management Customer Programming Software LOCATION-TRACKING Integrated GPS/GLONASS for Outdoor Location Tracking Mission-Critical Geofence* SECURITY 265-bit AES, ADP, DES, DVP* FIPS 140-2 Level 3, FIPS 197 P25 Authentication* Multikey for 128 keys and Multi-algorithm* Over-The-Air-Rekeying (OTAR)* USER INTERFACE O7 Multi Functional Control Head E5 Enhanced Control Head O3 Handheld Control Head O2 Extreme Usability Control Head Supports the discontinued O9 Control Head and the O5 Control Head OTHER FEATURES Intelligent Priority Scan Instant Recall Impact Detection* Intelligent Lighting Tactical Inhibit* Digital Tone Signaling* 12 Character RFID Asset Tracking* ViQi Virtual Partner* PAGE 4DATASHEET APX 8500 FEATURES *Optional Feature **Identified as Wireless Pair on the mid-power APX 8500 PAGE 5DATASHEET APX 8500 APX 8500 High-Power Model Shown DIMENSIONS AND WEIGHT Dimensions (H x W x D)Weight O7 Control Head - Remote Mount 51 x 178 x 81mm (2.0 x 7.0 x 3.2 in)- E5 Control Head - Remote Mount 51 x 178 x 79 mm (2.0 x 7.0 x 3.1 in)- O5 Control Head - Remote Mount 51 x 178 x 74 mm (2.0 x 7.0 x 2.9 in)- O2 Control Head - Remote Mount 68 x 206 x 96 mm (2.7 x 8.1 x 3.8 in)- Mid Power Radio Transceiver and O7 Control Head - Dash Mount 51 x 178 x 256 mm (2.0 x 7.0 x 10.1 in)3.1 kg (6.8 lbs) Mid Power Radio Transceiver and E5 Control Head - Dash Mount 51 x 178 x 255 mm (2.0 x 7.0 x 10.0 in)3.1 kg (6.8 lbs) Mid Power Radio Transceiver and O5 Control Head - Dash Mount 51 x 178 x 250 mm (2.0 x 7.0 x 9.8 in)3.1 kg (6.8 lbs) Mid Power Radio Transceiver and O2 Control Head - Dash Mount 68 x 206 x 271 mm (2.7 x 8.1 x 10.7 in)3.3 kg (7.23 lbs) Mid Power Radio Transceiver and Remote Mount with Ethernet Faceplate*51 x 178 x 248 mm (2.0 x 7.0 x 9.8 in) 2.9 kg (6.4 lbs) Mid Power Radio Transceiver and Remote Mount with Standard Faceplate 51 x 178 x 232 mm (2.0 x 7.0 x 9.1 in)2.9 kg (6.4 lbs) High Power Radio Transceiver and Remote Mount 88 x 248 x 320 mm (3.4 x 9.7 x 12.6 in)8.0 kg (17.6 lbs) 248mm 248mm 88mm 320mm *Compatible with Sierra Wireless MG90 only PAGE 6DATASHEET APX 8500 PERFORMANCE AND REGULATORY POWER AND BATTERY DRAIN VHF UHF R1 UHF R2 700 MHz 800 MHz Frequency Range Band Splits 136-174 MHz 380-470 MHz 450-520 MHz 764-775, 794-806 MHz 806-825, 851-870 MHz RF Power Output 1-50 W (mid-power) 1-100 W (high-power) 10-40 W (mid-power) 1-100 W (high-power) 1-45 W (450-485 MHz) 1-40 W (485-512 MHz) 1-25 W (512-520 MHz) 1-33 W 1-35 W Operation 13.8 V DC ±20% Negative Ground 13.8 V DC ±20% Negative Ground 13.8 V DC ±20% Negative Ground 13.8 V DC ±20% Negative Ground 13.8 V DC ±20% Negative Ground Standby at 13.8 V 1.4 A 1.4 A 1.4 A 1.4 A 1.4 A Receive Current at Radio Audio at 13.8 V 3.2 A 3.2 A 3.2 A 3.2 A 3.2 A Transmit Current at Rated Power (mid-power) 8 A @ 15 W 15 A @ 50 W 8 A @ 15 W 15 A @ 40 W 8 A @ 15 W 13 A @ 45 W 8 A @ 15 W 13 A @ 33 W 8 A @ 15 W 13 A @ 33 W Transmit Current at Rated Power (high-power) 8 A @ 15 W 30 A @ 100 W 8 A @ 15 W 30 A @ 100 W --- TRANSMITTER- TYPICAL PERFORMANCE SPECIFICATIONS VHF UHF R1 UHF R2 700 MHz 800 MHz Frequency Range Band Splits 136-174 MHz 380-470 MHz 450-520 MHz 764-776, 794-806 MHz 806-825, 851-870 MHz 764-776, 794-806 MHz 806-825, 851-870 MHz Channel Spacing 30/25/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz Maximum Frequency Separation Full Bandsplit Full Bandsplit Full Bandsplit Full Bandsplit Full Bandsplit Rated RF Output Power1 (Adjustable)1-50 W (Mid Power) 1-100 W (High Power) 1-40 W (Mid Power) 1-100 W (High Power) 1-45 W (450-485 MHz) 1-40 W (485-512 MHz) 1-25 W (512-520 MHz) 1-30 W 1-35 W Frequency Stability1 (-30°C to +85°C; +25°C Ref.)±0.8 PPM ±0.8 PPM ±0.8 PPM ±0.8 PPM ±0.8 PPM Modulation Limiting ±5/±2.5 kHz ±5/±2.5 kHz ±5/±2.5 kHz ±5/±2.5 kHz ±5/±4 (NPSPAC) /±2.5 kHz Modulation Fidelity (C4FM) 12.5 kHz Digital Channel 1.10%1.10%1.10%1.10%1.10% Emissions1 Conducted -85 dBc Radiated -20 dBm Conducted -85 dBc Radiated -20 dBm Conducted -85 dBc Radiated -20 dBm Conducted -75/-85 dBc Radiated -20/-40 dBm Conducted -75 dBc Radiated -20 dBm Audio Response1 +1, -3 dB (EIA)+1, -3 dB (EIA)+1, -3 dB (EIA)+1, -3 dB (EIA)+1, -3 dB (EIA) FM Hum & Noise1 (25 kHz / 12.5 kHz)53 dB/ 52 dB 53 dB/ 50 dB 53 dB/ 50 dB 50 dB/ 48 dB 50 dB/ 48 dB Audio Distortion1 (25 & 20 kHz / 12.5 kHz)0.50% / 0.50%0.50% / 0.50%0.50% / 0.50%0.50% / 0.50%0.50% / 0.50% RECEIVER - TYPICAL PERFORMANCE SPECIFICATIONS VHF UHF R1 UHF R2 700 MHz 800 MHz Frequency Range Band Splits 136-174 MHz 380-470 MHz 450-520 MHz 764-776 MHz 799-806 MHz 851-870 MHz Channel Spacing 30/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz 25/20/12.5 kHz Minimum Frequency Separation Full Bandsplit Full Bandsplit Full Bandsplit Full Bandsplit Full Bandsplit Audio Output Power 3% distortion, 8/3.2 Ohm speakers 7.5 W/15 W 7.5 W/15 W 7.5 W/15 W 7.5 W/15 W 7.5 W/15 W Frequency Stability1 (-30 °C to +85 °C; +25 °C Ref.)±0.8 PPM ±0.8 PPM ±0.8 PPM ±0.8 PPM ±0.8 PPM Analog Sensitivity1 (12 dB SINAD) Pre-Amp -123 dBm (0.158 μV) Standard -119 dBm (0.251 μV) Pre-Amp -123 dBm (0.158 μV) Standard -119 dBm (0.251 μV) Pre-Amp -123 dBm (0.158 μV) Standard -119 dBm (0.251 μV) -121 dBm (0.199 μV) -120 dBm (0.224 μV)-121 dBm (0.199 μV) Digital Sensitivity (5% BER)-123 dBm (0.158 μV) -119 dBm (0.251 μV) -123 dBm (0.158 μV) -119 dBm (0.251 μV) -123 dBm (0.158 μV) -119 dBm (0.251 μV) -123 dBm (0.158 μV) -120 dBm (0.224 μV)-121.5 dBm (0.188 μV) Intermodulation Rejection (12.5 kHz / 25 kHz) Pre-Amp 84 dB / 85 dB Standard 86 dB / 96 dB Pre-Amp 82 dB / 83 dB Standard 86 dB / 86 dB Pre-Amp 82 dB / 83 dB Standard 86 dB / 86 dB 85 dB / 85 dB 85 dB / 85 d Spurious Rejection 90 dB 90 dB 90 dB 100 dB 100 dB Audio Response1 +1, -3 dB (EIA)+1, -3 dB (EIA)+1, -3 dB (EIA)+1, -3 dB (EIA)+1, -3 dB (EIA) Audio Distortion at rated1 1.20%1.20%1.20%1.20% 1.20% Selectivity1 (12.5 kHz / 25 kHz / 30 kHz) 76 dB 87 dB 90 dB 76 dB 82 dB - 76 dB 82 dB - 72 dB 82.5 dB - 72 dB 82.5 dB - PAGE 7DATASHEET APX 8500 ENCRYPTION Supported Encryption Algorithms 256-bit AES, ADP, DES, DES-XL,DES-OFB, DVP-XL Encryption Algorithm Capacity 8 Encryption Keys per Radio Module capable of storing 1024 keys. Programmable for 128 Common Key Reference (CKR) or 16 Physical Identifier (PID) Encryption Frame Re-sync Interval P25 CAI 300 mSec Encryption Keying Key Loader Synchronization XL – Counter Addressing OFB – Output Feedback Vector Generator National Institute of Standards and Technology (NIST) approved random number generator Encryption Type Digital Key Storage Tamper protected volatile or non-volatile memory Key Erasure Keyboard command and tamper detection Standards FIPS 140-2 Level 3, FIPS 197 LOCATION - TRACKING Channels 12 Tracking Sensitivity -164 dBm Accuracy2 <5 meters (95%) Cold Start <60 seconds (95%) Hot Start <5 seconds (95%) Mode of Operation Autonomous (Non-Assisted) GNSS or SBAS ENVIRONMENTAL SPECIFICATIONS Operating Temperature -30ºC/+60ºC Storage Temperature -40ºC/+85ºC Humidity Per MIL-STD ESD IEC 801-2 KV Water & Dust Intrusion IP56 INTEGRATED WI-FI, BLUETOOTH, GPS AND DATA CONNECTIVITY Frequency Range/Band Splits WLAN (Wi-Fi): 2412 - 2472 MHz; 5180 - 5320 MHz; 5500 - 5825 MHz WLAN (WiFi) 802.11 b/g/n (2.4GHz) 802.11 a/n/ac (5GHz) Security protocols WPA-2, WPA, WEP SSIDs Up to 20 pre-provisioned Data Modem Tethering1 Bluetooth (Version 4.2)/Wireless Pair 2402-2480 MHz. Supports MPP Pairing3 and compatible with HSP, PAN, DUN and SPP Profiles found in Off-the-shelf Bluetooth accessories. Supports up to 6 data connections and 1 audio connection. 1 Measured in the analog mode per TIA / EIA 603 single-tone method under nominal conditions 2 Measured conductivity with >6 satellites visible at a nominal -130 dBm signal strength. 3 Only for E5 control head FCC ID: AZ492FT7089 IC ID: 109U-92FT7089 FCC/IC TYPE ACCEPTANCE FCC/IC ID Band and Power Level FCC ID: AZ492FT7089 IC ID: 109U-92FT7089 764-776 MHz (10-30 W) 794-806 MHz (10-30 W) 806-824 MHz (10-35 W) 851-870 MHz (10-35 W) 136-174 MHz (10-50 W) 380-470 MHz (10-40 W) 450-485 MHz (10-45 W) 485-512 MHz (10-40 W) 512-520 MHz (10-25 W) FCC ID: AZ492FT7118 IC: N/A 136-174 MHz (1-100 W) 380-470 MHz (1-100 W) MOBILE MILITARY STANDARDS 810, C, D, E, F & G MIL-STD 810C MIL-STD 810D MIL-STD 810E MIL-STD 810F MIL-STD 810G Method Proc./Cat.Method Proc./Cat.Method Proc./Cat.Method Proc./Cat.Method Proc./Cat. Low Pressure 500.1 I 500.2 II 500.3 II 500.4 I/II 500.5 II High Temperature 501.1 I, II 501.2 I/A1, II/A1 501.3 I/A1, II/A1 501.4 I/Hot, II/Hot 501.5 I/A1, II/A1 Low Temperature 502.1 I 502.2 I/C3, II/C1 502.3 I/C3, II/C1 502.4 I/C3, II/C1 502.5 I/C3, II/C1 Temperature Shock 503.1 I Proc 503.2 1/A1C3 503.3 1/A1C3 503.4 I 503.5 I/C Solar Radiation 505.1 II 505.2 I 505.3 I 505.4 I 505.5 I/A1 Rain 506.1 I, II 506.2 I, II 506.3 I, II 506.4 I, III 506.5 I, III Humidity 507.1 II 507.2 II 507.3 II 507.4 I Proc 507.5 II/Aggravated Salt Fog 509.1 I Proc 509.2 I Proc 509.3 I Proc 509.4 I Proc 509.5 I Proc Blowing Dust 510.1 I 510.2 I, II 510.3 I, II 510.4 I, II 510.5 I, II Vibration 514.2 VIII/F, Curve-W 514.3 I/10, II/3 514.4 I/10, II/3 514.5 I/24 514.6 I/24 Shock 516.2 I, III, V 516.3 I, V, VI 516.4 I, V, VI 516.5 I, V, VI 516.6 I, V, VI Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2021 Motorola Solutions, Inc. All rights reserved. 09-2021 [EV10] For more information, please visit us on the web at: www.motorolasolutions.com/APX Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6631 File ID: Type: Status: 2022-6631 Resolution Consent Agenda 1Version: Reference: In Control: City Council 11/28/2022File Created: Final Action: Rochester Sensors - ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell and Rochester Sensors, LLC; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6631 Title Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell and Rochester Sensors, LLC; and authorizing the Mayor to sign. Summary A public hearing was held and an Ordinance was passed to create Reinvestment Zone No. 114 on October 11, 2022. Rochester Sensors will lease approximately 80,000 square feet of space at 1025 S. Belt Line Road. This space will serve as the global headquarters as well as a fulfillment center for the company. Rochester Sensors will receive a 5-year abatement of 75% on their tangible personal property. Fiscal Impact: 75% abatement on business personal property for 5 years Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6631) Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: December 13, 2022 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement by and between the City of Coppell and Rochester Sensors, LLC, and authorizing the Mayor to sign. 2040: Create Business and Innovation Nodes Introduction: Rochester Sensors, LLC has selected to relocate their global headquarters to Coppell. Rochester Sensors embarked on a multi-city search to determine the home of their new global headquarters. As part of the negotiations, the City made an offer to help incentivize their decision to relocate to Coppell. Background: Rochester Sensors, LLC is a global manufacturer of high-quality gauges, sensors, switches and systems used to measure liquid levels. The company, founded in 1913, is currently headquartered in Dallas but has manufacturing facilities in Mexico, Belgium, the United Kingdom and China. Due to the proposed incentive agreement and other factors, Rochester Sensors has selected Coppell as their new global headquarters. The company will occupy approximately 80,000 square feet of space at 1025 S. Belt Line Road. Rochester Sensors will have 200 employees at the Coppell location, and they will sign a minimum 7-year lease term. The company will add approximately $3.6 million in furniture, fixtures and equipment, and while a majority of their inventory will be subject to Triple Freeport Tax Exemption, there will be tax generating revenue from the business. Before a tax abatement can be granted, a reinvestment zone must be created. A public hearing was held and Reinvestment Zone No. 114 was created by ordinance by City Council on October 11, 2022. A public hearing notice was then posted on the City’s website as required by the Texas Tax Code Section 312.207. The resolution and tax abatement that coincide with Reinvestment Zone No. 114 will provide a 5-year, 75% abatement on the tangible personal property for Rochester Sensors, LLC. Benefit to the Community: 2 Rochester Sensors, LLC is locating 200 employees in Coppell that have the potential to live, eat and shop in Coppell, and the business will generate new property tax dollars for the community. In addition, being the global headquarters, Rochester Sensors also has the potential to draw other businesses such as their vendors to Coppell. Legal Review: The City Attorney's Office drafted the agreement. Fiscal Impact: 75% abatement on tangible personal property for 5 years. Recommendation: Staff recommends approval. 1 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND ROCHESTER SENSORS, LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and Rochester Sensors, LLC, for Tax Abatement Reinvestment Zone No.114 (the “Agreement”), a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the City of Coppell, as required by Tax Code Section 312.207, caused notice to be posted of the meeting at which the Agreement is to be approved by the City Council; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The City Council finds that the use of the Leased Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The use of the Leased Premises is consistent with and will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of __________, 2022. CITY OF COPPELL, TEXAS ___________________________________________ WES MAYS, MAYOR ATTEST: ___________________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:8-5-22: TM 130898) 3 EXHIBIT “A” (copy of Tax Abatement Agreement to be attached) PAGE 1 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 STATE OF TEXAS § § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (“Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Rochester Sensors, LLC, a Texas limited liability company (the “Lessee”) (the City and Lessee collectively referred to as the “Parties” or singularly as a “Party”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 114 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has leased or intends to lease approximately 80,350 square feet of office and warehouse distribution space in the building located at 1025 S. Belt Line Road., Suite 100, Coppell, Texas 75019 (the “Leased Premises”); and WHEREAS, Lessee specializes in engineering innovative solutions; and WHEREAS, Lessee intends to locate certain Tangible Personal Property (hereinafter defined) at the Leased Premises; and WHEREAS, Lessee’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Leased Premises (hereinafter defined), is consistent with encouraging development of the Zone in accordance with the PAGE 2 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Leased Premises sought are feasible and practicable, and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises are located; WHEREAS, this Agreement was approved at a regularly scheduled meeting of the City Council of the City; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. “City” shall mean the City of Coppell, Texas, acting by and through its City Manager, or designee. “Effective Date” shall mean the last date of execution of this Agreement. “Expiration Date” shall mean March 1 of the calendar year following the fifth (5th) anniversary date of the First Year of Abatement. “First Year of Abatement” shall mean the calendar year commencing on January 1, of the calendar year immediately following the date a certificate of occupancy has been issued by the City for the occupancy of the Leased Premises by Lessee. PAGE 3 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, terrorism, civil commotion, insurrection, government or de facto governmental action, restrictions or interferences (unless caused by the intentional acts or omissions of the Party), fires, explosions, floods or other inclement weather, strikes, slowdowns or work stoppages, incidence of disease or other illness that reaches outbreak, epidemic, or pandemic proportions or similar causes that results in a reduction of labor force or work stoppage in order to comply with local, state, or national disaster orders, construction delays, shortages or unavailability of supplies, materials or labor, necessary condemnation proceedings, or any other circumstances which are reasonably beyond the control of the Party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstances are similar to any of those enumerated or not, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or performance shall be extended for a period of time equal to the period such Party was delayed, provided the Party whose performance is delayed provides written notice to the other Party not later than fifteen (15) business days after the last day of the month of the occurrence of the event(s) or condition(s) causing the delay or the date the Party whose performance has been delayed becomes aware or should have reasonably known of the event, describing such event(s) and/or condition(s) and the date on which such event(s) and/or condition(s) occurred. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Lease” shall mean Lessee’s lease of the Leased Premises for a period of at least seven (7) years commencing on the First Year of Abatement. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than December 31, 2022. “Leased Premises” shall mean approximately 80,350 square feet of office and warehouse distribution space in the building located at 1025 S. Belt Line Road., Suite 100, Coppell, Texas 75019. “Lessee” shall mean Rochester Sensors, LLC, a Texas limited liability company. “Related Agreement” shall mean any agreement, other than this Agreement, by and between the City and the Lessee, its parent company, and any affiliated or related entity controlled or owned by Lessee, or its parent company. “Required Use” shall mean Lessee’s continuous occupancy of the Leased Premises and the continuous operation of the Leased Premises as its global headquarters and light manufacturing warehouse service. PAGE 4 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 “Tangible Personal Property” shall mean furniture, fixtures and equipment owned or leased by Lessee and located at the Leased Premises, subsequent to the execution of this Agreement. Tangible Personal Property shall not include inventory, supplies, Freeport Goods and Goods in Transit located at the Leased Premises. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Lessee has or intends to enter into the Lease and to locate and maintain Tangible Personal Property at the Leased Premises. 2.2 The Leased Premises are not in an improvement project financed by tax increment bonds. 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Leased Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 Lessee shall, before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that Lessee is in compliance with each term of the Agreement. 2.6 The Leased Premises at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement and provided the Taxable Value for the Tangible Personal Property is at least Three Million Six Hundred Thousand Dollars ($3,600,000.00) (the “Minimum Taxable Value”), as of the First Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Lessee an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect will apply only to the Tangible Personal Property located at the Leased Premises sub sequent to the PAGE 5 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 execution of this Agreement. The failure of the Tangible Personal Property to have a Taxable Value of at least Three Million Six Hundred Thousand Dollars ($3,600,000.00) as of January 1 of any given Tax Year shall not be an event of default subject to termination and repayment of the abated taxes pursuant to Article V hereof, but shall result in the forfeiture of the tax abatement for the Tangible Personal Property for such Tax Year. 3.3 The period of tax abatement herein authorized shall be for a period of five (5) consecutive years beginning the First Year of Abatement. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation, if any, with respect to the Leased Premises. 3.5 Lessee agrees, subject to events of Force Majeure, to continuously lease (or own) and occupy the Leased Premises for a p eriod of at least seven (7) years beginning with the First Year of Abatement. 3.6 During the term of this Agreement beginning with the First Year of Abatement the Leased Premises shall not be used for any purpose other than the Required Use and the operation and occupancy of the Leased Premises in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. 3.7 The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. Article IV Improvements 4.1 Lessee has leased, or intends to enter into the Lease, and locate Tangible Personal Property at the Leased Premises. Nothing in this Agreement shall obligate Lessee to enter into the Lease, or to locate Tangible Personal Property at the Leased Premises, but said actions are conditions precedent to tax abatement pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Lessee’s tax abatement pursuant to this Agreement, Lessee agrees, subject to events of Force Majeure, to enter into the Lease on or before December 31, 2022; and to occupy the Leased Premises on or before May 1, 2023. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor access and security policies of the Lessee, in order to insure that the Leased Premises are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). PAGE 6 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 Article V Default: Recapture of Tax Revenue 5.1 In the event the Lessee: (i) fails to lease the Leased Premises in accordance with this Agreement; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Lessee retains its right to timely and properly protest such taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement or a Related Agreement, then Lessee, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Lessee shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of a tax abatement, for the property the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Lessee, its successors and assigns and shall constitute a tax lien against the Tangible Personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall notify Lessee in writing, and Lessee shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within such 30-day period, and Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to Lessee. 5.4 Upon termination based on an uncured default of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by Lessee, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption PAGE 7 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 It shall be the responsibility of Lessee pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for the appraisal district for the Tangible Personal Property. A copy of the exemption application shall be submitted to the City upon request. Article VII Annual Rendition Lessee shall annually render the value of the Tangible Personal Property to the Appraisal District and provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Notice. All notices required by this Agreement shall be addressed to the following, or other such other Party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 If intended for Lessee, to: Attn: Benjamin Lease Rochester Sensors, LLC 1025 S. Belt Line Road, Suite 100 Coppell, Texas 75019 With a copy to: 8.2 Authorization. This Agreement was authorized by resolution of the City Council. 8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.4 Governing Law. This Agreement governed by the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. PAGE 8 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.7 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.9 Employment of Undocumented Workers. During the term of this Agreement Lessee agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), such Lessee shall repay the amount of the abated taxes pursuant to this Agreement as of the date of such violation within one hundred twenty (120) days after the date such Lessee is notified by City of such violation, plus interest at the rate of four percent (4%) compounded annually from the date of violation until paid. Lessee is not liable for a violation of this section by a subsidiary, affiliate, tenant or franchisee of the Lessee or by a person with whom such Lessee contracts. 8.10 Survival of Covenants. Any of the representations, warranties, covenants, 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. 8.11 Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns. This Agreement may not be assigned without the prior written consent of the City Manager. 8.12 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 8.13 Conditions Precedent. This Agreement is subject to, and the obligations of the Parties are expressly conditioned upon the following: (i) Lessee having entered the Lease on or before December 31, 2022; and (ii) Lessee having occupied the Leased Premises on or before the Lease Inception Date. [Signature Page to Follow] PAGE 9 TAX ABATEMENT AGREEMENT CITY OF COPPELL AND ROCHESTER SENSORS, LLC TM 130848 EXECUTED in duplicate originals the ____ day of _______________, 2022. CITY OF COPPELL, TEXAS By: Wes Mays, Mayor Attest: By: Ashley Owens, City Secretary Approved as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2022. ROCHESTER SENSORS, LLC By: Benjamin Lease Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6659 File ID: Type: Status: 2022-6659 Ordinance Consent Agenda 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: STR Ordinance RevisionsFile Name: Title: Consider approval of an Ordinance of The City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by amending Article 9-29, “Short-Term Rentals;” and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Short Term Rental Ordinance.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6659 Title Consider approval of an Ordinance of The City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by amending Article 9-29, “Short-Term Rentals;” and authorizing the Mayor to sign. Summary The City is revising the current Short-Term Rental Ordinance to include additional provisions due to a recent court ruling. Fiscal Impact: N/A Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6659) Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: December 13, 2022 Reference: Consider approval of an ordinance of the City of Coppell, Texas, amending Chapter 9 of the Code of Ordinances by amending Article 9-29, “Short-Term Rentals;” and authorizing the Mayor to sign. 2040: Enhance the Unique 'Community Oasis' Experience Introduction: The purpose of this agenda item is to add new provisions to the existing Short-Term Rental ordinance due to a recent court ruling in another Texas municipality. Background: The first Short Term Rental Ordinance was passed by City Council on June 12, 2018. At the time the Ordinance was approved, staff was still learning about short-term rentals and knew that the Ordinance would need to be reviewed at the end of 2019 to see if changes were needed. On December 20, 2019, the City Council did approve the extension of the Short-Term Rental Ordinance and kept a sunset review for continuous review and improvements to the Ordinance. The sunset review was set for January 31, 2021. On January 26, 2021, City Council once again approved an extension of the Short-Term Rental Ordinance with minor modifications to the Ordinance and set the sunset review period for January 31, 2022. On January 11, 2022, City Council extended the expiration date of the Short -Term Rental Ordinance from January 31, 2022, to June 30, 2022. This extension provided staff with the time necessary to review best practices from short-term rental ordinances throughout the state and to prepare a draft ordinance with proposed changes for City Council review. On April 12, 2022, City Council approved the new ordinance and removed the sunset date. However, since that date, a key piece of the city's existing regulations has been challenged in a 2 different municipality, making it necessary for the City of Coppell to update our short-term rental ordinance. Based on the result of that challenge, the City of Coppell will provide our homeowners with two options to use their homes as short-term rental properties: 1. The applicant must provide city staff verification that the Short-Term rental property is their primary residence; or 2. The applicant must hire an on-site property manager who has to be at the property at the time of the rental. The ordinance change will also include a new definition for short-term rental to include gardens, pools, garages, and outdoor accessory structures. The Short-Term Rental Ordinance provides the operational regulations for short-term rentals. From the beginning, the ordinance has been designed to provide a balance between meeting the desires of owner occupants to share their homes on an intermittent basis and providing protection for the neighboring properties. The proposed changes are a continuation of that balance. They aim to provide a clear understanding of definitions, processes, and enforcement. Providing this clarity increases the objectivity of all parties involved. Benefit to the Community: At City Council's direction, short-term rental enforcement has been a priority for staff. The City has contracted with a 3rd party vendor to help staff identify short-term rental properties since January 2019. Staff is able to contact property owners to have their properties registered as short-term rentals once an unregistered property is identified. Properties must meet the current requirements outlined in the ordinance to receive a permit. Currently, the City of Coppell has eleven (11) registered Short-term rental properties within the city limits of Coppell. The proposed changes to the ordinance will not have an immediate impact on existing registered short-term rentals; however, the changes will take effect for any existing short- term rentals at the time of their permit renewal. The changes will be effective immediately for any new permit applications. These changes will help continue to protect the property rights of those residents that want to rent their property on a short-term basis while providing protection for the surrounding neighbors. Legal Review: The City Attorney drafted the revised ordinance. Fiscal Impact: None. Recommendation: Staff recommends approval. 1 TM 132589 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY AMENDING ARTICLE 9-29, SHORT TERM RENTALS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that regulations are needed to address regulations for Short Term Rentals (STR), and WHEREAS, permanent residents desire the option to occasionally utilize their properties for home share rentals; and WHEREAS, the operation of Short Term Rentals should not negatively affect property values, and WHEREAS, the Short Term Rentals should be required to pay Hotel Occupancy Taxes, and WHEREAS, the City Council has determined that regulations needed are intended to protect the public health, safety, morals and general welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 9, General Regulations, of the Code of Ordinances is hereby amended by amending Article 9-29, Short Term Rentals, which shall read as follows: “CHAPTER 9, GENERAL REGULATIONS ….. ARTICLE 9-29 SHORT TERM RENTAL “Sec. 9-29-1. - Purpose and applicability. . . . . . Sec. 9-29-2. -Definitions 2 TM132589 Advertise . . . . . . . . . . Local Emergency . . . . . Onsite property manager means a person who is responsible for the day-to-day operation of the rented unit, handle tenant complaints, and manage the property amenities such as garden, pools, garages and outdoor accessory structures. Owner . . . . . Short Term Rental (STR) is defined as the rental of any residence or residential structure, or a portion of a residence or residential structure including but not limited to gardens, pools, garages, and outdoor accessory structures for a period of less than 30 days. The term does not include; 1. a unit that is used for a nonresidential purpose, including an educational, health care, retail, restaurant, banquet space, or event center purpose or another similar use; 2. a bed and breakfast; or 3. a hotel/residence hotel. 4. A commercial storage facility 5. A place for residence or use as a licensed health care or assisted living facility. 6. Parsonage on the premise of a church, mosque or synagogue Single-family residence . . . . . Residential districts: . . . .” Sec. 9-29-3. - Short Term rental registration requirements. A. No person shall hereafter advertise, offer to rent or rent, lease, sublease, license or sublicense a residential property within the city as a short-term rental for which a registration has not been properly made and filed with the community development department of the city. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: 1. Name, address, phone number and e -mail address of the property owner(s) and/or the onsite property manager of the short-term rental property. 3 TM132589 2. Verification of that this short-term rental property is the applicant’s residence or an onsite property manager will be onsite during the rental period. B. . . . . . . . . . .” Sec. 9-29-4. - Inspection Required A. Upon registration and renewal, and prior to the first rental occupant of a short-term rental property, after such registration and renewal, the owner and/or the onsite property manager is required to schedule an inspection of the residential structure with the community development department to determine compliance with the minimum property standards in article 15-14 of the Code of Ordinances: 1. . . . . . . . . . . . . . . .” SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That this ordinance shall take effect on ________________ and after publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. 4 TM132589 APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _____________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY 5 TM132589 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY REPEALING ARTICLE 9-29, SHORT TERM RENTALS IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 9-29, SHORT TERM RENTALS; PROVIDING FOR REGULATIONS FOR THE REGISTRATION AND USE OF SHORT TERM RENTALS; PROVIDING FOR REGISTRATION, PROVIDING FOR DEFINITIONS; PROVIDING FOR INSPECTIONS; PROVIDING FOR RESTRICTIONS; PROVIDING FOR BROCHURE AND SAFETY REQUIREMENTS; PROVIDING FOR NEIGHBORHOOD NOTIFICATION; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FEES; PROVIDNG FOR A SUNSET REVIEW: PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. APPROVED: _____________________________________ WES MAYS, MAYOR ATTEST: _____________________________________ ASHLEY OWENS, CITY SECRETARY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6632 File ID: Type: Status: 2022-6632 Agenda Item Consent Agenda 1Version: Reference: In Control: Finance 11/28/2022File Created: Final Action: Master Fee ResolutionFile Name: Title: Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Solid Waste Collection Fees per the contract with Republic, amending for the addition of a deposit for the use of the Block’n Roll Block Party and Tool Lending Trailers, and amending to remove the Mechanical Contractor Registration fee; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Resolution.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 2022-6632 Title Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Solid Waste Collection Fees per the contract with Republic, amending for the addition of a deposit for the use of the Block’n Roll Block Party and Tool Lending Trailers, and amending to remove the Mechanical Contractor Registration fee; and authorizing the Mayor to sign. Summary See attached memorandum. Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6632) Solid Waste Contract with Republic: The City collects the fees on behalf of Republic and then remits the fees to Republic each month. Consistent with prior years, the fee includes a 15% franchise fee which is retained by the City. Deposit to Reserve the Block’n Roll Block Party and Tool Lending Trailers: $100 deposit fee that will be returned if the trailer is returned with all contents in clean condition and in good repair. Removal of the Mechanical Contractor Registration: The City no longer collects the $75 mechanical license fee. Staff Recommendation: The Finance Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Strategic Financial Engagement Date: December 13, 2022 Reference: Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Solid Waste Collection Fees per the contract with Republic, amending for the addition of a deposit for the use of the Block’n Roll Block Party and Tool Lending Trailers, and amending to remove the Mechanical Contractor Registration fee; and authorizing the Mayor to sign. 2040: Sustainable City Government Introduction: The City maintains a Master Fee Schedule which is reviewed at least annually, and proposed changes are brought forward for Council’s approval. This year changes to fees associated with the Solid Waste contract with Republic, addition of a deposit to reserve the Block’n Roll Block Party and the Tool Lending trailers, and the removal of mechanical contractor registration fee are included in the Master Fee Schedule update. Background: Solid Waste Contract with Republic: The current Solid Waste contract with Republic provides for an annual adjustment of 3.0%. For the residential customer, rates will increase from $18.22 per month to $18.77. The senior rate will increase from $16.40 per month to $16.89. The commercial rates will reflect the same 3.0% increase. This increase is effective January 1, 2023. Deposit to Reserve the Block’n Roll Block Party and Tool Lending Trailers: The Block’n Roll Block Party trailer has been available to residents free of charge in 2022. However, due to a significant amount of items that have gone missing or were returned damaged, staff will be implementing a $100 deposit fee, effective January 1, 2023, for both the Block’n Roll Block Party Trailer and the new Tool Lending Trailer. Residents will be required to pay the deposit fee prior to reserving a trailer. The intent of the deposit fee is to encourage residents to return the trailer contents in clean condition and in good repair. When a trailer is returned to the City with all contents accounted for and in good condition, the deposit will be returned to the applicant. If contents are missing or returned damaged, the $100 deposit will be kept by the City to cover the costs to replace or repair items. Removal of the Mechanical Contractor Registration: House Bill (HB) 871 passed in the 87th Legislature and stated that the City could no longer collect a registration fee from a mechanical contractor. The City stopped collecting that fee when the HB went into effect on September 1, 2021, and this item is updating the City’s Master Fee Schedule to reflect passage of that legislation. Benefit to the Community: Solid Waste Contract with Republic: Solid waste removal service is a basic service that the City is expected to provide to the community. The Community Development Department assessed the service provided by Republic, the City’s current vendor, and determined Republic is providing solid waste removal service in a manner consistent with requirements outlined in the contract. Deposit to Reserve the Block’n Roll Block Party and Tool Lending Trailers: Adding this fee will ensure the long-term sustainability of the trailers so that they can be enjoyed by residents for years to come. Removal of the Mechanical Contractor Registration: The City’s Master Fee Schedule will reflect changes in State law. Legal Review: This agenda item was reviewed by the City Attorney during the normal review of the agenda packet. Fiscal Impact: Solid Waste Contract with Republic: The City collects the fees on behalf of Republic and then remits the fees to Republic each month. Consistent with prior years, the fee includes a 15% franchise fee which is retained by the City. Deposit to Reserve the Block’n Roll Block Party and Tool Lending Trailers: $100 deposit fee that will be returned if the trailer is returned with all contents in clean condition and in good repair. Removal of the Mechanical Contractor Registration: The City no longer collects the $75 mechanical license fee. Recommendation: The Strategic Financial Engagement Department recommends approval. 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING THE GARBAGE COLLECTION FEES, IN PART; AMENDING FOR THE ADDITION OF A DEPOSIT FOR THE USE OF A BLOCK PARTY TRAILER AND A TOOL LENDING TRAILER; AMENDING TO REMOVE THE MECHANICAL LICENSE FEE; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Master Fee Schedule section entitled “Garbage Collection Fees” be amended, in part to read as follows: Garbage Collection Fees (Effective January 1, 2023) Solid Waste and Recycling (Includes Yard Trimmings and At Your Door HHW Fees) 1. Residential Garbage Customer Senior Citizen Residential Garbage Customer Public Education Fee 2. Monthly Fees for Dumpster Services: $18.77 per month $16.89 per month $ 0.10 per month Dumpster Type and Size 1 2 3 4 5 6 7 2 YD 75.78$ 126.17$ 167.40$ 208.94$ 255.45$ 302.56$ 351.58$ 3 YD 116.44$ 193.87$ 257.24$ 321.07$ 392.53$ 464.91$ 540.26$ 4 YD 142.93$ 278.46$ 381.78$ 483.36$ 586.17$ 703.46$ 828.13$ 6 YD 173.80$ 297.27$ 428.32$ 545.57$ 657.43$ 776.16$ 899.23$ 8 YD 220.19$ 375.48$ 529.28$ 659.49$ 808.37$ 957.59$ 1,112.87$ 10 YD 279.56$ 477.75$ 674.02$ 840.21$ 1,030.22$ 1,220.66$ 1,418.82$ 2 YDC 384.73$ 512.52$ 637.66$ 765.48$ 893.29$ 1,018.41$ 1,146.22$ 3 YDC 432.28$ 575.88$ 716.47$ 860.08$ 1,003.70$ 1,144.28$ 1,287.90$ 4 YDC 483.16$ 619.25$ 791.26$ 963.29$ 1,135.30$ 1,304.35$ 1,377.91$ 6 YDC 510.06$ 726.98$ 943.86$ 1,159.26$ 1,377.64$ 1,488.09$ 1,812.91$ 8 YDC 581.85$ 845.12$ 1,106.90$ 1,369.60$ 1,554.81$ 1,895.18$ 2,156.96$ Pickups per Week 2 3. Fees for Roll-off Services: Type and Size Container Rental (Per Month) Initial Delivery (One Time Collection Fee (Per Pull) 10 CY $190.00 $82.34 $344.13 20 CY $190.00 $82.34 $351.14 30 CY $190.00 $82.34 $402.20 40 CY $190.00 $82.34 $510.44 25 CYC $506.71 $107.67 $497.84 30 CYC $506.71 $107.67 $508.43 35 CYC $506.71 $107.67 $532.60 40 CYC $506.71 $107.67 $595.22 4. Monthly Fees for Commercial Hand Collect 1 to 5 Solid Waste Bags per Scheduled Collection Day $22.81 per month 6 to 10 Solid Waste Bags per Scheduled Collection Day $28.32 per month 5. Fees for Extra Pick Ups for Dumpster Services Dumpster Type and Size Fee (per Pickup) 2 CY Dumpster $36.42 3 CY Dumpster $43.70 4 CY Dumpster $58.27 6 CY Dumpster $65.56 8 CY Dumpster $72.84 10 CY Dumpster $80.12 2 CY Dumpster Compactor $145.68 3 CY Dumpster Compactor $160.25 4 CY Dumpster Compactor $182.10 6 CY Dumpster Compactor $203.95 8 CY Dumpster Compactor $218.52 6. Fees for Eligible Disaster Debris Services Grapple Truck $167.01 per hour per truck Rear loader $167.01 per hour per truck 3 7. Other Fees for Commercial and Roll-off Services Locks $14.57 per lock/per month Casters $11.65 per set/per month Permit No Charge Opening and Closing of Enclosures No Charge Liner $72.84 per liner Container Exchange Rate $72.84 per container 8. Fees for Additional Bulky Waste Services (in excess of Base Services) White Good $36.42 Mattress/Box Springs $36.42 Furniture $36.42 Other $36.42 Per 2 CY SECTION 2. That the Master Fee Schedule section entitled “GENERAL FEES” be amended, in part to add the following fee: Deposit to reserve Block’n Roll Block Party Trailer $100 Deposit to reserve Tool Lending Trailer $100 SECTION 3. That the Master Fee Schedule section entitled “Mechanical License Fees” be amended, in part to remove the following fee: Mechanical License Fee - Contractor No Charge SECTION 4. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 5. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. SECTION 6. That this Resolution shall become effective immediately from and after its passage as the law and charter in such cases provide. 4 DULY PASSED by the City Council of the City of Coppell, Texas, this the 13th day of December 2022. APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER CITY ATTORNEY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6669 File ID: Type: Status: 2022-6669 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 12/05/2022File Created: Final Action: Farmers MarketFile Name: Title: Consider approval of amending the City of Coppell Code of Ordinances by amending Chapter 6 “Business Regulations”, Article 6-16 “Alcohol Beverages”, Section 6-16-6 “City Facilities” by re-lettering subsection D to E and by adding a new subsection D, providing limited license for sale of alcoholic beverages by a licensed vendor during Farmers Market event; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Ordinance.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6669 Title Consider approval of amending the City of Coppell Code of Ordinances by amending Chapter 6 “Business Regulations”, Article 6-16 “Alcohol Beverages”, Section 6-16-6 “City Facilities” by re-lettering subsection D to E and by adding a new subsection D, providing limited license for sale of alcoholic beverages by a licensed vendor during Farmers Market event; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6669) Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Future Oriented Approach to Residential Development Create Business and Innovation Nodes Implement Innovative Transportation Networks Apply 'Smart City' Approach to Resource Management Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 MEMORANDUM To: Mayor and City Council From: Adam Richter, Assistant Director of Parks and Recreation Via: Jessica Carpenter, Director of Parks and Recreation Date: December 13, 2022 Reference: Consider approval of amending the City of Coppell code of ordinances by amending chapter 6 “Business Regulations”, Article 6-16 “Alcohol Beverages”, section 6-16-6 “City Facilities” by re-lettering subsection D to E and by adding a new subsection D, providing limited license for sale of alcoholic beverages by a licensed vendor during Farmers Market event; providing a repealing clause; providing a severability clause; and providing an effective date. 2040: Create Business and Innovation Nodes   Introduction: The purpose of this agenda item is to Consider approval of amending the City of Coppell code of ordinances by amending chapter 6 “Business Regulations”, Article 6-16 “Alcohol Beverages”, section 6-16-6 “City Facilities” by re-lettering subsection D to E and by adding a new subsection D, providing limited license for sale of alcoholic beverages by a licensed vendor during Farmers Market event; providing a repealing clause; providing a severability clause; and providing an effective date. Recently, City staff were contacted by a vendor, who is also a Coppell resident, inquiring about selling bottles of wine at the Coppell Farmers Market (CFM). Based on current ordinance, the selling of alcohol is not permitted per Chapter 6 “Business Regulations”, Article 6-16 “Alcohol Beverages”, section 6-16-6 “City Facilities”. For this small business, and future businesses, to sell alcohol at the CFM, the ordinance will need to be amended and the vendor will need to be approved by the CFM Vendor Committee. Current ordinance does allow for the sale of alcoholic beverages during other City-sponsored special events which has been well received by the community over the last several years. Background: The Coppell Farmers Market (CFM), located at 768 West Main Street, is a weekly market occurring Saturdays from 8:00 am - 12:00 pm. The CFM focuses on developing relationships with local growers and producers to provide fresh, seasonal produce, agricultural and local products for our community while fostering a sense of place in Old Town Coppell. With support from the City of Coppell, the Coppell Farmers Market was established in 2003 by citizens who were passionate about local food and bringing a farmers market to Old Town Coppell. Operating under the umbrella of the Coppell Community Garden, a 501 (c)3 non-profit organization, the market is guided by a volunteer steering committee, a Market Director, and City Liaison. The CFM has 62 approved vendors, with 30-45 vendors attending the market weekly. Vendors sell a variety of products that you would typically find at the grocery store, including produce, dairy, meat, eggs, baked goods, skincare products, coffee and more. In 2021, the Coppell Farmers Market was named the best Suburban Market by D Magazine, nationally recognized with the Snail of Approval for their sustainable practices and named the Coppell Chamber of Commerce Non-Profit of The Year. Through the hard work of a dedicated steering committee and the market director, the Coppell Farmers Market has flourished and seen a continuation of growth in the areas of customer attendance (1,700-2,000 customers a week), quantity, and diversity of vendors and products. Benefit to the Community: Amending this ordinance will allow a wider audience to be served at the CFM who wish to buy locally made alcohol. Hosting wine vendors helps support the CFM’s mission to support agricultural producers. In addition to attracting more customers to the CFM, alcohol sales are in line with some of the nation’s leading farmers markets and helps the CFM compete with other farmers markets in the area, specifically Grapevine with its wine festival and emphasis and Dallas with its many locally made alcohol choices. Lastly, the market aims to compete with grocery stores by continuing to offer a wider selection of high-quality food and drink. Alcohol sales will help the CFM in these efforts. Legal Review: The ordinance amendment was prepared by the City Attorney. Fiscal Impact: N/A Recommendation: The Parks and Recreation Department recommends approval of this item. Page | 1 TM 131852 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6 “BUSINESS REGULATIONS’, ARTICLE 6-16 ‘ALCOHOLIC BEVERAGES’, SECTION 6-16-6 ‘CITY FACILITIES’ BY RE LETTERING SUBSECTION D TO E AND BY ADDING A NEW SUBSECTION D, PROVIDING LIMITED LICENSE FOR SALE OF ALCOHOLIC BEVERAGES BY A LICENSED VENDOR DURING FARMER’S MARKET EVENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell desires to amend the alcoholic beverages on the Code of Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 6 “ Business Regulations” is hereby amended by amending Article 6-16. “Alcoholic Beverages”, Section 6-16-6 “City Facilities” by re lettering subsection D to E and by adding a new Subsection D to read as follows: “CHAPTER 6. BUSINESS REGULATIONS ARTICLE 6-1. MASSAGE ESTABLISHMENTS . . . . . ARTICLE 6-16. ALCOHOLIC BEVERAGES Sec. 6-16-1. Purpose and [scope] . . . . . Sec. 6-16-6. City facilities A. No person, . . . . . . . . . D. The City Manager or designee may, notwithstanding the prohibitions in this Section, Page | 2 TM 131852 issue an annual permit to Texas alcohol beverage licensee for the sale of beer or wine only for off-premises consumption during the hours of Coppell Farmers Market held on the Square at Old Town Square, (City owned property), where vendors are present for the retail sale of produce, meat, food, dry goods, or other related items at a fixed location (Old Town Pavilion). Such permit shall designate the days and time which comply with the operation of the vendors for the use of such facility and appropriate state law. E. The city by resolution may establish an appropriate fee for issuance of such permit.” SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That this ordinance shall take effect after its passage. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of , 2022. Page | 3 TM 131852 APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6670 File ID: Type: Status: 2022-6670 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 12/05/2022File Created: Final Action: Allen Road Park ResurfacingFile Name: Title: Consider approval of an award to The Playwell Group, Inc., for the replacement of the playground safety surface in Allen Road Park, in the amount of $93,584.20 as provided for in the CRDC fund, with contract pricing through Buyboard, Contract No. 679-22, and authorizing the City Manager to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Playground Resurface 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 2022-6670 Title Consider approval of an award to The Playwell Group, Inc., for the replacement of the playground safety surface in Allen Road Park, in the amount of $93,584.20 as provided for in the CRDC fund, with contract pricing through Buyboard, Contract No. 679-22, and authorizing the City Manager to sign. Summary See attached memo. Fiscal Impact: The fiscal impact of this agenda item is $93,584.20, as provided for in the Coppell Recreation Development Corporation (CRDC) fund. This item is included in the 2022-2023 CRDC Work Plan at a cost of $60,000. The additional $33,584.20 needed for this project is available in the Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6670) CRDC undesignated fund balance. Staff Recommendation: The Parks and Recreation Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: David Ellison, Parks Operations Manager Via: Jessica Carpenter, Director of Parks and Recreation Date: December 13, 2022 Reference: Consider approval of an award to The Playwell Group, Inc., for the replacement of the playground safety surface in Allen Road Park, in the amount of $93,584.20 as provided for in the CRDC fund, with contract pricing through Buyboard, Contract No. 679-22, and authorizing the City Manager to sign. 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 replace the poured-in- place safety surface in the Allen Road Park playground. The playground surface underneath the equipment has reached the end of its service life and needs replacement. Background: The current playground surface is showing signs of aging and degradation which is consistent with end of service life conditions. The viable condition of this surface is needed to conform with the safety standards set forth by the American Society for Testing and Materials; ASTM F1487-11 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use and ASTM F2223-10 Standards on Playground Surfacing. The new poured-in-place safety surfacing is certified by the International Play Equipment Manufacturers Association and will be 3.75-inches thick to match existing material. The demolition and removal of the old surfacing is also included in this pricing. The rising costs of materials and labor impacted the cost of this project from the amount budgeted in the 2022-2023 CRDC Work Plan. 2 Benefit to the Community: The replacement of the surface material will continue to offer a safe play environment for the playground users and ensure that the City is following guidelines set forth by the National Recreation and Park Association. Legal Review: Item does not need legal review. Fiscal Impact: The fiscal impact of this agenda item is $93,584.20, as provided for in the Coppell Recreation Development Corporation (CRDC) fund. This item is included in the 2022-2023 CRDC Work Plan at a cost of $60,000. The additional $33,584.20 needed for this project is available in the CRDC fund balance. Recommendation: The Parks and Recreation Department recommends approval of this item. QUOTATION 11/22/2022QUOTE #20743 BILL TO: City of Coppell Accounts Payable PO Box 9478 Coppell, TX 75019 SHIP TO: City of Coppell-Allen Road Park David Ellison 998 Allen Road Coppell, TX 75019 CUST. PO #TERMS NET 30 QUOTE EXPIRATION 12/22/2022 SALES REP RV COUNTY DALLAS Phone: (972) 462-5102 Phone: (214) 794-4583 ITEM DESCRIPTION LIST PRICEQTY DISC. PRICE TOTAL BUY #679-22 BUYBOARD CONTRACT #679-22 EXPIRES 09/30/2023 0.001 0.00 0.00 TOTTURF PIP-TOT TURF INSTALL IPEMA CERTIFIED POURED IN PLACE SAFETY SURFACING 3.75" SYSTEM-100% STANDARD COLOR 31.522,600 29.94 77,844.00 DEMO-TOTTURF DEMO AND REMOVAL OF EXISTING PIP 16568.631 15,740.20 15,740.20 Signature _____________________________________ QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written approvals and/or deposit. Please email or fax all pages. PLEASE REMIT YOUR DEPOSIT TO: THE PLAYWELL GROUP, INC. 203A STATE HIGHWAY 46 EAST BOERNE, TX 78006 Date __________________ TOTAL $93,584.20 SUBTOTAL $93,584.20 SALES TAX (0.0%)$0.00 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6671 File ID: Type: Status: 2022-6671 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 12/05/2022File Created: Final Action: Bridge Decking ReplacementFile Name: Title: Consider approval of an award to Custard Construction for the west bridge deck replacement in the Andrew Brown West Park trail system, in the amount of $55,686.43 as provided for in the CRDC fund, with contract pricing through the TIPS, Contract No. 211001; and authorizing the City Manager to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Bridge Decking Replacement 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 2022-6671 Title Consider approval of an award to Custard Construction for the west bridge deck replacement in the Andrew Brown West Park trail system, in the amount of $55,686.43 as provided for in the CRDC fund, with contract pricing through the TIPS, Contract No. 211001; and authorizing the City Manager to sign. Summary See attached memo. Fiscal Impact: The fiscal impact of this agenda item is $55,686.43, as provided for in the Coppell Recreation Development Corporation (CRDC) fund. This item is included in the 2022-2023 CRDC Work Plan at a cost of $35,000. The additional $20,686.43 needed for this project is available in the CRDC undesignated fund balance. Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6671) Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Future Oriented Approach to Residential Development Create Business and Innovation Nodes Implement Innovative Transportation Networks Apply 'Smart City' Approach to Resource Management Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: David Ellison, Parks Operations Manager Via: Jessica Carpenter, Director of Parks and Recreation Date: December 13, 2022 Reference: Consider approval of an award to Custard Construction for the west bridge deck replacement in the Andrew Brown West Park trail system, in the amount of $55,686.43 as provided for in the CRDC fund, with contract pricing through the TIPS, Contract No. 211001; and authorizing the City Manager to sign. 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 replace the bridge decking on the west bridge located in the Andrew Brown West Park trail system. The bridge crossing is used by park visitors daily as well as City staff for park maintenance. Background: The current bridge decking is composed of 80 linear feet of individual 3.5-inch-thick x 12-inch-wide x 12-foot-long wood boards that are held in place by welded steel plates. The decking has reached the end of its service life and needs replacement. The current condition of the decking makes it difficult for park patrons with strollers and wheelchairs to cross. The new decking material will be Douglas Fir and new weld plates with nuts and bolts will also be installed. The rising costs of materials and labor impacted the cost of this project from the amount budgeted in the 2022-2023 CRDC Work Plan. Benefit to the Community: The replacement of the bridge decking will allow for a safer and smoother trail crossing over the bridge, especially for patrons that utilize wheelchairs and strollers when navigating the trail. 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 $55,686.43, as provided for in the Coppell Recreation Development Corporation (CRDC) fund. This item is included in the 2022-2023 CRDC Work Plan at a cost of $35,000. The additional $20,686.43 needed for this project is available in the CRDC fund balance. Recommendation: The Parks and Recreation Department recommends approval of this item. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6660 File ID: Type: Status: 2022-6660 Agenda Item Consent Agenda 1Version: Reference: In Control: Administration 12/05/2022File Created: Final Action: Woven - ARPAFile Name: Title: Consider approval to enter into an agreement between the City of Coppell and Woven Health Clinic, in the amount of $250,000.00 over a two (2) year period for health services 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 between Coppell and Woven Clinic.pdf, Exhibit A - Woven Health Clinic ARPA Proposal.pdf, Exhibit B - 2022-00292-Final-Rule.pdf, Exhibit C - SLFRF-Compliance-and-Reporting-Guidance.pdf, Exhibit D - Income Parameters for ARPA Grant Agreement.pdf, Exhibit E - Max Income Level for Impacted Populations.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 2022-6660 Title Consider approval to enter into an agreement between the City of Coppell and Woven Health Clinic, in the amount of $250,000.00 over a two (2) year period for health services using American Rescue Plan Act (ARPA) funds; and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6660) ARPA funds in the amount of $250,000.00 are allocated to be used for the grant to Woven Health Clinic. The funds will be dispersed over a two year period as per the agreement. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 12/9/2022 MEMORANDUM To: Mayor and City Council From: Vicki Chiavetta, Deputy City Manager Date: December 9, 2022 Reference: Consider approval to enter into an agreement between the City of Coppell and Woven Health Clinic, in the amount of $250,000.00 over a two (2) year period for health services 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 Woven Health Clinic to provide social and health services to Coppell residents who were impacted by the COVID-19 pandemic. The agreement is a grant in the amount of $250,000, to be dispersed over a two-year time period between January 1, 2023, and December 31, 2024. 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 Woven Health Clinic 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 services that Woven Health Clinic provides to help low- income, uninsured residents access quality health care with an emphasis on disease prevention, wellness, and mental health care. These services include primary care for acute and chronic disease, nutrition therapy, lifestyle modifications, and integrated mental health care, among others. Legal Review: The City Attorney has reviewed all documents. Fiscal Impact: ARPA funds in the amount of $250,000 are allocated to be used for the grant to Woven Health Clinic. The funds will be dispersed over a two-year period as per the agreement. Recommendation: The City Manager’s Office recommends approval of the contract. Page | 1 Grant Agreement – City of Coppell and Woven Health Clinic STATE OF TEXAS § § GRANT AGREEMENT COUNTY OF DALLAS § This Grant Agreement (“Agreement”) is made by and between the City of Coppell, Texas (the “City”), acting by and through its City Manager, and Woven Health Clinic, by and through its Executive Director, located in Dallas County. WITNESSETH: WHEREAS, the City of Coppell has received American Rescue Plan Act (ARPA) funds to provide local funding to local agencies and organizations for community wellbeing and assistance to those impacted by the effects of the COVID-19 pandemic; and WHEREAS, the City serves a public purpose and will enhance the community and provide a benefit to the wellbeing and recovery of its citizens; and, that such agreement will assist and promote the general health, safety and welfare of its citizens; and WHEREAS, Woven Health Clinic is a local nonprofit corporation, which provides services to citizens through various programs and projects which enhance the wellbeing and social needs of citizens; and WHEREAS, the City is authorized by Federally adopted regulations to use said funds for the recited public purpose in the City as set forth herein and under Federal Law; NOW THEREFORE, in consideration of the foregoing, and other consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Article I Definitions For purposes of this Agreement, each of the following terms shall have the meaning set forth herein unless the context clearly indicates otherwise: “City” shall mean the City of Coppell, Texas, acting by and through its City Manager. “Effective Date” shall mean the last date this Agreement is signed by the authorized representatives of all parties hereto. “Eligible Resident” shall mean residents of the City who have experienced a negative economic impact due to the COVID-19 public health emergency. “Expenditure Category” shall mean the category defined by the American Rescue Plan Act. “Expiration Date” shall mean the date that the parties have fully satisfied their respective obligations herein. Page | 2 Grant Agreement – City of Coppell and Woven Health Clinic “Grant” shall mean the payment of funds for use to meet the public health and economic needs of those impacted by the COVID-19 pandemic and to address longstanding health and economic disparities in impacted communities as provided in Exhibit A, which is attached hereto and incorporated herein. “Woven Health Clinic” is a Texas non-profit corporation serving public health and social needs for the communities of Addison, Carrollton, Coppell, Dallas, and Farmers Branch. “Project” shall mean programs and services provided by Woven Health Clinic as reflected in the grant and set forth in Exhibit A which is attached hereto. Article II Term 2.1 This Agreement shall begin on the Effective Date of ___________________ and continue until the Expiration Date of December 31, 2024, unless sooner terminated as provided herein. Article III Grants 3.1 Amount of Grants. Subject to the City’s satisfaction of all terms and conditions of this Agreement, the City agrees to provide a Grant, as defined herein, to Woven Health Clinic in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) from funds received by the City through the American Rescue Plan Act (ARPA). 3.2 Payment of Grants. The Grant shall be paid to Woven Health Clinic in two (2) equal lump sum payments in the amount of One Hundred Twenty Five Thousand Dollars ($125,000.00) per year for two (2) years beginning January 1, 2023 and ending December 31, 2024. The first payment will be made within thirty (30) days of execution of this Agreement. Each subsequent payment will be made at the beginning of the calendar year. 3.3 Consideration for the Grants. The City agreement herein is in consideration of and entered on the condition that Woven Health Clinic shall expend the funds as defined by the Grant and to use the funds in accordance with this Agreement and the Federal Regulations applicable to such funds as set forth in The Final Rule of the Coronavirus State & Local Fiscal Recovery Funds and The Compliance and Reporting Guidance of the State and Local Fiscal Recovery Funds (Exhibits B & C). 3.4 Use of Funds. Woven Health Clinic agrees that the Project funds will be dedicated solely to Eligible Residents of the City of Coppell for Expenditure Category 1: Public Health. The use of funds is governed by this Agreement, ARPA and all U.S. Treasury Department regulations or guidelines thereunder. Woven Health Clinic hereby agrees to comply with all terms and conditions relating to the use of funds from ARPA, including: Page | 3 Grant Agreement – City of Coppell and Woven Health Clinic a) Only use Project funds for expenditures made between January 1, 2023 and December 31, 2024; b) Document and justify that each project participant is an eligible resident; c) Ensure that eligible resident has not applied or received assistance for the same expenses from other federal, state, or local programs; d) Fund the costs of administering the Project in an amount not to exceed ten percent (10%) of all funds distributed under this Agreement. 3.5 Repayment of Unused Funds. Any funds not expended as provided herein by 11:59 PM, December 31, 2024 shall be returned to the City of Coppell within 30 days. 3.6 The Grant made hereunder shall be paid from funds that have been appropriated or available by the City through the ARPA funds held and dispensed by the City. Under no circumstances shall the City’s obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision nor should anything be constructed to create any obligation for payment of the Grant from any other funds or moneys of the City. Consequently, notwithstanding any other provision of this Agreement, the City shall have no obligation or liability to pay any portion of the Grant unless the City appropriates funds to make such payment during the budget year in which the Grant is payable; and, the Project has not been adopted by the City; and, both Parties agree that no goods or municipal services have been provided. 3.7 Additional affirmative covenants are required from Woven Health Clinic along with a quarterly written report which should include and reference the following: a. Quarterly expenditures b. Number of City of Coppell residents served c. Service types d. Number of total visits e. Outcome measures for services rendered f. Number of impacted or disproportionately impacted population served as defined by Max Income Level for Impacted Populations (Exhibit E) g. Capital expenditures if any h. The dates due for the quarterly reports are: ▪ For 2023: ▪ January – March Due April 21 ▪ April – June Due July 21 ▪ July – September Due October 23 ▪ October – December Due January 22, 2024 ▪ For 2024: ▪ January – March Due April 23 ▪ April – June Due July 23 ▪ July – September Due October 24 ▪ October – December Due January 24, 2025 Page | 4 Grant Agreement – City of Coppell and Woven Health Clinic 3.8 Additional covenants required as a condition precedent to the grant include the following: a. Must comply with the recordkeeping, reporting and other requirements of the ARPA. b. Must document income levels using Income Parameters for ARPA Grant Agreement (Exhibit D) c. Must register on SAM.gov and provide the unique entity identifier (UEI) d. Must provide proof of compliance with Title VI of the Civil Rights Act of 1964 (annually) e. Must maintain records of the expenditures and use of the Grant fund for five years after the last audit that contains ARPA funds. f. Must allow the city access to financial and performance reports when requested for auditing purposes and to ensure compliance with Federal Regulations. g. Must provide a copy of the most recent audit performed for the organization and annual audits through the term of the agreement. h. Must take timely and appropriate action on all deficiencies identified by audits, on-site reviews, and written confirmation from the subrecipient, highlighting the status of actions planned or taken to address Single Audit findings related to the particular subaward. i. Failure to comply with the terms of this section shall be deemed an act of default and result in recapture of the funds under Article V. Article IV Termination This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties. (b) completion of the project or funds not expended on the termination date. (c) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within sixty (60) days after written notice th ereof in accordance with this Agreement. (d) In the event Woven Health Clinic (i) fails to commence Project(s) within one (1) year of execution of this agreement, (ii) fails to complete the Project(s), or (iii) breaches any of the terms or conditions of this Agreement. Article V Recapture of Grant Funds This Agreement shall terminate upon any one of the following: Page | 5 Grant Agreement – City of Coppell and Woven Health Clinic (a) In the event that the funds are not used for the projects identified herein, in whole or in part, such funds shall be paid back and recaptured by the city or in the event of default of this Agreement, and the non-cured default or termination occurs under this Agreement, Woven Health Clinic shall reimburse to the City all of the Grant funds not used for the projects identified herein. Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. 6.2 Limitation on Liability. It is understood and agreed between the Parties that Woven Health Clinic and the City of Coppell, in satisfying the conditions of this Agreement, have each acted independently, and assume no responsibilities or liabilities to third parties in connection with these actions. 6.3 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto. 6.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below (or such other address as such party may subsequently designate in writing) or on the day actually received if sent by courier or otherwise hand delivered. If intended for the City, to: City of Coppell C/O City Manager 255 Parkway Blvd. Coppell, Texas 75019 With copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 If intended for Woven Health Clinic, to: Page | 6 Grant Agreement – City of Coppell and Woven Health Clinic Woven Health Clinic 1 Medical Parkway, Suite 149 Farmers Branch, TX 75234 ATTN: Lisa Rigby 6.5 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement. This Agreement supersedes any prior Agreements between the Parties on the same matter. 6.6 Governing Law. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction; and exclusive venue for any action concerning this Agreement shall be in the State District Court of Dallas or Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.7 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. Woven Health Clinic’s Executive Director and the City Manager of the City are authorized to execute any amendments to this Agreement or any instruments related hereto. 6.8 Legal Construction. 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 other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.9 Successors and Assigns. This Agreement may not be assigned without the prior written consent of the other party. 6.10 Recitals and Exhibits. The exhibits attached hereto and recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, 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. SIGNED AND AGREED this the _______ day of ___________, 2022. Page | 7 Grant Agreement – City of Coppell and Woven Health Clinic CITY OF COPPELL, TEXAS By: _______________________________ Mike Land, City Manager ATTEST: ____________________________ Ashley Owens, City Secretary APPROVED AS TO FORM: ____________________________ Robert E. Hager, City Attorney SIGNED AND AGREED this the ________ day of ___________, 2022 Woven Health Clinic By: ______________________________________ 1 | P a g e City of Coppell American Rescue Funding Request Background Information Organization: On Eagle’s Wings, Inc DBA Woven Health Clinic Contact: Lisa Rigby Title: Executive Director Address: 1 Medical Pkwy, Plaza One, Ste 149, Farmers Branch, TX 75234 Office: 972-755-4656 Cell: 214-674-8634 Email: Lrigby@wovenhealth.org Website: www.wovenhealth.org Number of Staff: 10 Volunteers: 50 Organization Formation Date: 1992 Type of Organization: 501C3 non-profit charity clinic The organization provide services free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion or political affiliation. Organization Vision Woven Health’s vision is build healthy lives and healthy communities. Organization Mission Our mission is to provide urgently needed medical care to low income, uninsured people with a strong emphasis on disease prevention and wellness and mental health care. We save lives by providing primary care, chronic disease management, disease prevention, vaccinations, lab work, pharmaceuticals, and onsite mental health care. We provide our patients access to an onsite Registered Dietitian and Behavioral Health Specialist. Organization Objectives/Goals Woven Health will provide primary care with integrated mental health care for low income, adults that live in Coppell. 1) Primary Care for Acute and Chronic Disease – lab tests, provider visits, patient education, pharmaceuticals, nutrition therapy, life style modifications. 2 | P a g e 2) Disease Prevention – lab tests, patient educations, nutrition therapy and life style modifications 3) Integrated Mental Health Care – pharmaceuticals, counseling, exercise 4) Screening – Utilizing the PHQ2 and PHQ9 and GAD7 5) Diagnosis and Treatment – Follow up provider visits, onsite mental health care, including: pharmacological, counseling, exercise and diet. 6) Lab Tests – Chronic disease, infectious disease, cancer screenings 7) Vaccines – Influenza, Pneumonia, Shingles, HPV, TDAP, Influenza and COVID. 8) Pharmacy Assist – Help patients get access to medications at free or significantly reduced prices. Funding Request Amount of Funding Requested: $250,000 ($125,000 per year for two years). The timeframe for use of the funds will be January 1, 2022 – December 31, 2023 or earlier, if funding is depleted. Intended Use for Funds The funds will be used to provide primary care and integrated mental health services for Coppell low income, adult residents for approximately 600 visits per year for a total of 1,200 visits over two years. This includes: Clinical Staff (Physician, Nurse Practitioner, Medical Assistants, Behavioral Health Specialist, Registered Dietitian and Medical Director oversight), program administration; medical supplies, medications, immunizations, and other operating costs associated with providing care. Since 2011, the State of Texas and the Federal Government have provided Medicaid Waiver 1115 funds to support indigent care. Woven Health Clinic has received funding from 1115 program since its beginning in 2011. Through our partnership with UT Southwestern Medical Center, Woven Health receives $500,000 per year from the 1115 program. This funding has provided financial stability and a strong focus on quality. The 1115 program expires in September 2022. Under the new program guidelines, independent charity clinics like Woven Health will not qualify for funding, only hospital owned clinics, such as Parkland will qualify. We are pursuing other strategies to replace the 1115 funding, but it will take at least 24 months to fully implement new funding strategies. 3 | P a g e Service Summary The Clinic is a full service adult medical clinic for uninsured people that cannot afford healthcare. We save lives by providing access to a physician and/or nurse practitioner for primary care, onsite mental health care, pharmaceuticals, cancer screenings, lab tests, COVID tests and vaccines, immunizations and women’s health. We help our patients prevent diseases, such as diabetes and heart disease and reduce expensive Emergency Room visits by offering chronic disease management education, healthy lifestyle events and access to a Registered Dietitian. Benefits of Grant Funding for Coppell Residents It will save lives and improve the health of low income Coppell residents. The Pandemic has led to a spike in known risk factors for mental health conditions, including social isolation, grief, trauma, and financial insecurity. Depression, anxiety and suicidal ideation have increased 400% for our patients. It will provide access to screening, testing and treatment for infectious diseases, such as flu, strep and COVID. Free immunizations will help prevent diseases. Providing mental health care for depression and anxiety can prevent more severe episodes that can escalate to a crisis situation or tragic loss of life. Access to pro-active healthcare can identify patients at risk for disease and delay or prevent the onset. Access to consistent treatment of chronic diseases reduces the use of Emergency Rooms for primary care. Texas ranks #6 for most expensive ER visit cost, an average of $2,300 per ER visit. It is significantly more efficient to have non-profit charity clinics like Woven Health provide primary care than ER at hospitals. This grant will ensure that Coppell low-income residents can continue to receive access to high quality, comprehensive, efficient health care which will build healthier lives and create a healthier community. 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 9 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 10 200.317 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 11 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: Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 12 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 13 program, do not impose antidiscrimination requirements on Tribal governments beyond what would otherwise apply under federal law. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 14 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 15 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 16 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 17 • 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 18 • 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: Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 19 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 20 • 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 21 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 22 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 23 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 24 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.” Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 25 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 26 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: Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 27 • 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 28 ▪ 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) Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 29 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). Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 30 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: Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 31 • 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 32 • 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 33 • 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 34 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 35 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 36 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 37 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 38 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 39 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 Compliance and Reporting Guidance 40 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 41 • 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 Compliance and Reporting Guidance 42 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 43 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 44 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 45 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; Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 46 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. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 47 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 Compliance and Reporting Guidance 48 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* ^ Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 49 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) Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 50 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 Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 51 4.1 June 17, 2022 • Updated clerical errors in Ineligible Activities: Tax Offset Provision City of Coppell Income Parameters for ARPA Grant Agreement Family Size Maximum Income Levels Other Income (>80% MFI) Low Income (80% MFI to 50% MFI) Very-Low Income (50% MFI to 30% MFI) Extremely-Low Income (30% MFI) 1 $49,850 or above $49,849 - $31,151 $31,150 - $18,701 $18,700 or Below 2 $57,000 or above $56,999 - $35,601 $35,600 - $21,401 $21,400 or Below 3 $64,100 or above $64,099 - $40,051 $40,050 - $24,051 $24,050 or Below 4 $71,200 or above $71,199 - $44,501 $44,500 - $26,701 $26,700 or Below 5 $76,900 or above $76,899 - $48,101 $48,100 - $28,851 $28,850 or Below 6 $82,600 or above $82,599 - $51,651 $51,650 – $31,001 $31,000 or Below 7 $88,300 or above $88,299 - $55,201 $55,200 - $33,151 $33,150 or Below 8 $94,000 or above $93,999 - $58,751 $58,750 - $35,251 $35,250 or Below Source: U.S. Department of Housing and Urban Development (HUD) based on Dallas, TX HUD Metro FMR Area Effective: June 1, 2022 MFI (Median Family Income) FMR ( Fair Market Rents) IMPACTED Low Income ( 65% to 40% MFI ) DISPROPORTIONATELY IMPACTED Very-Low Income ( < 40% MFI ) 1 $44,325 - $27,274 $27,275 2 $50,675 - $31,200 $31,201 3 $57,000 - $35,075 $35,076 4 $63,300 - $38,950 $38,951 5 $68,375 - $42,075 $42,076 6 $73,450 - $45,200 $45,201 7 $78,500 - $48,325 $48,326 8 $83,575 - $51,425 $51,426 Use to track these two populations for reporting purposes. MAXIMUM INCOME LEVELS for IMPACTED AND DISPROPORTIONATELY IMPACTED POPULATIONS g p g Development (HUD) information for Dallas, TX HUD Metro FMR Area Effective: June 15, 2022 MFI (Median Family Income) FMR (Fair Market Rents) Family Size Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6682 File ID: Type: Status: 2022-6682 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 12/06/2022File Created: Final Action: SC ResignationFile Name: Title: Consider approval of accepting the resignation of Anamika Gupta from Smart City Board and appointing Nitin Vengurlekar as an Alternate member for the remainder of the unexpired term. Notes: Sponsors: Enactment Date: Smart City Board Memo.pdf, Resignation Email.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 2022-6682 Title Consider approval of accepting the resignation of Anamika Gupta from Smart City Board and appointing Nitin Vengurlekar as an Alternate member for the remainder of the unexpired term. Summary Fiscal Impact: None. Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 12/9/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6682 Page 1City of Coppell, Texas Printed on 12/9/2022 MEMORANDUM To: Mayor and City Council From: Ashley Owens, City Secretary Date: December 13, 2022 Reference: Consider approval of accepting the resignation of Anamika Gupta from the Smart City Board and appointing Nitin Vengurlekar as an Alternate member of the Smart City Board to fill the unexpired term. 2040: Sustainable City Government Introduction: Anamika Gupta submitted her resignation from the Smart City Board on Monday, December 5, 2022. Ms. Gupta served as an Alternate member to the board. The Boards and Commissions process was recently completed with appointments being approved on November 8th. During the interview process, Mayor Pro Tem Biju Mathew and Councilmember Mark Hill completed a ranking list of interviewed candidates. Based on the list, staff recommends appointing Nitin Vengurlekar to fill the unexpired term as an Alternate member. The unexpired term will end in December of 2023. Benefit to the Community: The Smart City Board evaluates the future needs of the community from a Smart City perspective. The new appointment allows for the business of the board to continue with a full roster. Legal Review: N/A Fiscal Impact: N/A Recommendation: Staff recommends approval. From:Jerod Anderson To:Ashley Owens; Sara Egan Cc:Rhonda Johnson Subject:FW: Resignation from Coppell City Smart City Board Date:Tuesday, December 6, 2022 9:44:48 AM FYI -----Original Message----- From: Anamika Gupta Sent: Monday, December 5, 2022 7:51 PM To: Jerod Anderson <janderson@coppelltx.gov> Subject: Resignation from Coppell City Smart City Board Dear Jerod. Please accept my resignation from Coppell City Smart City Board, effective immediately. I am moving to Houston with my family, which will not allow me to attend and serve the board hereafter physically. It was an honor for me to serve the board and the Coppell City. If I can do anything to help with transition or anything else, please do let me know. Thank you Anamika Gupta Sent from my iPhone Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6673 File ID: Type: Status: 2022-6673 Agenda Item Public Hearing 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: S-1264-C (Special Use Permit-1264-Commercial)File Name: Title: PUBLIC HEARING: Consider approval of a zoning change request to S-1264-C (Special Use Permit-1264-Commercial), to allow a 1,200-square-foot restaurant with approximately 16 seats and pick-up service located on 3.23 acres of land at 150 S. Denton Tap Road, Suite 111. Notes: Sponsors: Enactment Date: Council Memo.pdf, Staff Report.pdf, 1. Site Plan.pdf, 2. Parking Analysis.pdf, 3. Floor Plan.pdf, 4. Sign Plan (2 pages).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 2022-6673 Title PUBLIC HEARING: Consider approval of a zoning change request to S-1264-C (Special Use Permit-1264-Commercial), to allow a 1,200-square-foot restaurant with approximately 16 seats and pick-up service located on 3.23 acres of land at 150 S. Denton Tap Road, Suite 111. Summary The Planning and Zoning Commission approved this request (6-0) at their meeting on November 17, 2022. Fiscal Impact: N/A Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6673) Staff Recommendation: Staff recommends approval with conditions. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: December 13, 2022 Reference: PUBLIC HEARING: Consider approval of a zoning change request to S-1264-C (Special Use Permit-1264-Commercial), to allow a 1,200-square-foot restaurant with approximately 16 seats and pick-up service located on 3.23 acres of land at 150 S Denton Tap Road, Suite 111. 2040: Create Business and Innovation Nodes Introduction: This request is to allow a Firehouse Subs restaurant to occupy a 1,200 square foot lease space. Given that this lease space has never been used for food service use and it has residential adjacency, a Special Use Permit is required. On November 17, 2022, this request was recommended for approval by the Planning and Zoning Commission (6-0), subject to the following conditions: 1.The hours of operation shall not exceed 10:30 a.m. to 9 p.m. daily. 2.An external grease trap will be required, a minimum of 1,000 gallons. 3.There will be additional comments at the time of Building Permit. Background: This 35,000-square foot shopping center was constructed in 1984 and is occupied with a variety of office, retail, personal service and restaurant uses. On August 14, 2014, the Board of Adjustment reviewed the characteristics of the tenant mix including hours of operation and granted a special exception of 50 parking spaces for this entire retail center (225 parking spaces required was reduced to 175 parking spaces) allowing for additional restaurant uses. Since that time Salata opened in a former bank facility and Wingstop opened in Suite 105. In the attached parking analysis, the developer indicates that there is adequate parking to meet their needs and show that it will be in compliance with the Zoning Ordinance and previous BOA exception. 2 The proposed hours of operation for this restaurant are daily from 10:30 a.m. to 9:00 p.m. The floor plan indicates seating for 16. The signage is compliant with the provisions of the Sign Section of the Zoning Ordinance. Benefit to the Community: This will give more dining and employment options to the residents of Coppell. Legal Review: N/A Fiscal Impact: This will generate additional sales tax and business personal property tax. Recommendation: The Planning and Zoning Commission recommended approval (6-0), subject to the following conditions: 1. The hours of operation shall not exceed 10:30 a.m. to 9 p.m. daily. 2. An external grease trap will be required, a minimum of 1,000 gallons. 3. There will be additional comments at the time of Building Permit. ITEM # 6 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1264-C, Firehouse Subs P&Z HEARING DATE: November 17, 2022 C.C. HEARING DATE: December 13, 2022 STAFF REP.: Matthew Steer, AICP, Development Services Administrator LOCATION: 150 South Denton Tap Road, Suite 111 SIZE OF AREA: 3.23 acres of property CURRENT ZONING: C (Commercial) REQUEST: A zoning change request to S-1264-C (Special Use Permit-1264-Commercial), to allow a 1,200-square-foot restaurant with approximately 16 seats and pick-up service. APPLICANT: Michael Hershman Eagle-Braewood L.P. 8117 Preston Road, Suite 300 Dallas, Texas 75225 972-734-6611 michael@eagleequityinc.com HISTORY: This 35,000-square foot shopping center was constructed in 1984 and is occupied with a variety of office, retail, personal service and restaurant uses. On August 14, 2014, the Board of Adjustment reviewed the characteristics of the tenant mix including hours of operation and granted a special exception of 50 parking spaces for this entire retail center (225 parking spaces required was reduced to 175 parking spaces) allowing for additional restaurant use. On November 11, 2014, City Council approved S-1259 to allow the occupancy of a former bank lease space for a 3,260-square-foot Salata with a drive-thru, “pick-up only” window. On March 23, 2017, City Council approved S-1261-C, to allow for a 1,500 square foot Wing Stop with 32 seats and a pick-up service. HISTORIC COMMENT: There is no historic significance associated with the subject property. TRANSPORTATION: Denton Tap Road is a 6-lane divided arterial thoroughfare built within 110’ right-of-way. SURROUNDING LAND USE & ZONING: North – PD-209-C Town Oaks Center – retail/restaurants/office East – SF-7 – Braewood West 2nd Revision – single family South – C – Coppell ISD Administration – office West – PD-214R6-C – Arbor Manor Retail – retail/restaurants ITEM # 6 Page 2 of 2 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area as Neighborhood Center Retail. Small scale commercial uses are appropriate in this land use category. DISCUSSION: This request is to allow a Firehouse Subs restaurant to occupy 1,200 square foot lease space. Given that this lease space has never been used for food service use and it has residential adjacency, a Special Use Permit is required. Firehouse Subs is a franchise of over 1,200 restaurants. According to their website, “they steam their meats and cheeses, releasing a rush of flavors, then stuff a serving that’s way over code on one of their toasted private-recipe sub rolls.” This is available for dining in or carry out. The proposed hours of operation for this restaurant are daily from 10:30 a.m. to 9:00 p.m. The floor plan indicates seating for 16. Restaurants are required to be parked at a ratio of one space per 100 square feet of gross floor area, requiring 12 parking spaces for this restaurant. As mentioned in the History Section, this retail center was granted a parking special exception in 2014 based on the mix of uses and demonstrated parking needs. Since that time Salata opened in a former bank facility and Wingstop opened in Suite 105. In the attached parking analysis, they indicate that there is adequate parking to meet their needs and show that it will be in compliance with the Zoning Ordinance and previous BOA exception. The Firehouse Subs sign is proposed to be individually mounted white channel letters on a red four-inch-deep backer panel with yellow returns. There is an oval shaped black panel proposed with the verbiage “Subs” in yellow lettering. This design is allowed and will be different than the other white signage in this shopping center because it is a registered trademark. This lease space has a width of 19’ 6”, and the sign is proposed to be 19.5 square feet which is compliant with the Sign Ordinance. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1264-C, Firehouse Subs, subject to: 1. The hours of operation shall not exceed 10:30 a.m. to 9 p.m. daily. 2. An external grease trap will be required, a minimum of 1,000 gallons. 3. There will be additional comments at the time of Building Permit. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Parking Analysis 3. Floor Plan 4. Sign Plan (2 pages) 120 115 116 117 S. DENTON TAP RD. 171818 31 DRIVE THRU 7 14 17 14 20 11 6 114 112 111 110 109 108 107 106 105 103 102 101 FIRE LANE FIRE LANE FIRE LANEFIRE LANEFIRE LANEFIRE LANEFIRE LANE FIRE LANE FIRE LANEFIRE LANEFIRE LANE FIRE LANE FIRE LANEFIRE LANEFIRE LANE FIRE LANE FIRE LANE FIRE LANE FIRE LANE BRAEWOOD DR.3 3 PROPERTY LINE 1 ISSUED FOR REVIEW 10.14.22 Issue Description Date Drawn:LSM Owner Approval: Job No.:22452.00 Scale:NOT TO SCALE N BRAEWOOD SHOPPING CENTER 150 S. DENTON TAP RD. COPPELL, TX 75019 Title: Sheet: SITE PLAN A1.0PROJECT ADDRESS PARKING: 179 SPACES Suite 111 Proposed Fireshouse Subs Braewood Shopping Center 150 D. Denton Tap Road Coppell Suite TENANT SF use RATIO SPACES Retail Restaurant Doctor Personal Service Office total Hours 101 Victor's Restaurant 4200 restaurant 100 42 4200 M-S 5 pm open 101B Johnny's fitness 3070 excersize 200 15 3070 By appointment 105 Wingstop 1500 restaurant 100 15 1500 11 am-12 pm 106 Board and Brush 1200 retail 200 6 1200 By appointment 107 Gino's Pizza 1200 restaurant 100 12 1200 Daily 11-9 108 Diamond Nail Salon 1200 nail salon 200 6 1200 M-S 9-7 108A Art 900 threading 200 5 900 M-S 11-7 109 Pretty Pools 1200 retail 200 6 1200 T-F 9-6; Sat 9-4; Sund 12-4 110 A+ Tailor 900 tailor 200 5 900 M-Saturday 9:30-6 111 PROPOSED RESTAURANT 1200 restaurant 100 12 1200 10:30 am -9 pm daily 112 Pho Envy 1800 restaurant 100 18 1800 M-S 11-9 114 Yo Yo Reflexology 1716 massage 200 9 1716 10+9:30 daily 115 Cuite Pie Pets 1654 pet grooming 200 8 1654 T-S 8-5 116 Proposed music instruction/retail 3536 retail 200 18 3536 Daily 2-9 117 Vacant/professional office 4737 300 15 4737 120 Salata 3514 100 35 3514 11-98 M-S Total Square Footage 33527 7590 13414 0 7786 4737 33527 Parking Required 226 38 134 0 39 16 227 Actual Parking 179 Shortage (47) Special Exception Granted By Board of Adjustment August 14, 2014 50 Parking Surplus 3 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6672 File ID: Type: Status: 2022-6672 Agenda Item Public Hearing 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: PD-250R27-H, Main Street Old TownFile Name: Title: PUBLIC HEARING: Consider approval of PD--250R27-H, Main Street Old Town, a zoning change request from PD-250R8-H (Planned Development 250 Revision 8- Historic) to PD-250R27-H (Planned Development 250-Revision 27- Historic) to add this property to the conceptual Planned Development for the Old Town/Main Street Project; creating 7 additional lots (three (3) mixed-use office/residential, two (2) mixed-use retail/residential, one (1) retail building and one (1) common parking lot), on 0.946 acres of land located the southwest corner of Main Street and W. Bethel Road. Notes: Sponsors: Enactment Date: Memo.pdf, Staff Report.pdf, Site Plan.pdf, Landscape Plans.pdf, Elevations Renderings Material Board.pdf, Parking Analysis.pdf, Historic Society Survey Sheets.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 2022-6672 Title PUBLIC HEARING: Consider approval of PD--250R27-H, Main Street Old Town, a zoning change request from PD-250R8-H (Planned Development 250 Revision 8- Historic) to PD-250R27-H (Planned Development 250-Revision 27- Historic) to add this property to the conceptual Planned Development for the Old Town/Main Street Project; creating 7 additional lots (three (3) mixed-use office/residential, two (2) mixed-use retail/residential, one (1) retail building and one Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6672) (1) common parking lot), on 0.946 acres of land located the southwest corner of Main Street and W. Bethel Road. Summary The Planning and Zoning Commission recommended approval of this case (5-1) with conditions. Fiscal Impact: N/A Staff Recommendation: Staff recommends approval with conditions. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 12/9/2022 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: December 13, 2022 Reference: Public Hearing: Consider approval of PD-250R27-H, Main Street Old Town, a zoning change request from PD-250R8-H (Planned Development 250 Revision 8- Historic) to PD-250R27-H (Planned Development 250-Revision 27- Historic) to add this property to the conceptual Planned Development for the Old Town/Main Street Project; creating 7 additional lots (three (3) mixed- use office/residential, two (2) mixed-use retail/residential, one (1) retail building and one (1) common parking lot), on 0.946 acres of land located the southwest corner of Main Street and W. Bethel Road. 2040: Create Business & Innovation Nodes Introduction: The property has been for sale for some time and the prospective buyer/developer is planning to build six mixed- use buildings on the site and a common parking area. The development of the site in this manner will necessitate the removal of the two existing buildings on the site. While the buildings are noted in the Historic Resource Survey, they are not listed on the State or Federal registries for historic buildings. Background: The property under discussion for this zoning request is the 0.946-acre lot located at the end of the southwest corner of W. Bethel Road and Main Street. On November 17, 2022, the Planning and Zoning Commission recommended APPROVAL (5-1) of PD-250R27-H, subject to the following conditions: 1. There may be additional comments during the Detail Engineering review. 2. Final Plat is required and cannot be filed until buildings have been removed and zoning is approved. 3. Tree removal permit will be required prior to construction. 4. Update the quantity of proposed plants on the landscape plans. 5. Coordinate with Parks Department for the removal of offsite trees and relocation of irrigation south of Lot 7X to allow for access via the City’s parking lot. 6. Lot 7X, Block A, Main Street Old Town Addition shall only be used for parking. 7. Lot 7X, Block A, Main Street Old Town Addition will not have street frontage, but will be accessible via an access easement which will be required between Lot 7X, Block A, Main Street Old Town Addition and the City of Coppell. 8. Existing 15 parking spaces on Main Street in front of this development shall be counted for this development on the condition that this development becomes part of the Old Town POA. 9. Existing 28 parking spaces in the “Old Town” area shall be counted towards this development on the condition that this development becomes part of the Old Town POA. 10. The POA shall be responsible for maintenance of the common area, proposed Lot 7X, Block A, Main Street Old Town Addition, and all landscaping. 11. All signage must comply with H District ordinance requirements. 12. Building 3 will not have any residential uses but may have a commercial occupancy on the second floor. 13. Maximum building height shall not exceed 35-ft above finished floor. 2 14. The POA shall maintain all amenities including benches, trash receptacles, bicycle racks, sidewalk easements between buildings, etc. 15. The POA shall maintain the private drainage easement. 16. Submit a letter from the Old Town Main Street POA stating that they will accept this development into their POA and all of the responsibilities and conditions stated above. 17. Demolition or removal of the buildings shall require City Council Consideration. Benefit to the Community: This will give additional office, retail and dwelling opportunities to the residents of Coppell. Legal Review: Yes Fiscal Impact: This will generate additional sales tax and business personal property tax. Recommendation: The Planning and Zoning Commission recommended APPROVAL of the PD request subject to staff conditions listed above and added condition #17. Attachments: 1. PZ Staff Report 2. Detail Site Plan 3. Landscape Plan 4. Elevations, Rendering & Material Board 5. Parking Plan 6. Historic Society Survey Sheets ITEM # 7 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE No.: PD-250R27-H, Main Street Old Town P&Z HEARING DATE: November 17, 2022 C.C. HEARING DATE: December 13, 2022 STAFF REP.: Mary Paron-Boswell, Senior Planner LOCATION: Southwest corner of W. Bethel Road and Main Street SIZE OF AREA: 0.946 acres of property CURRENT ZONING: PD-250R8-H (Planned Development 250 Revision 8- Historic) REQUEST: PD-250R8-H (Planned Development 250 Revision 8- Historic) to PD-250R27-H (Planned Development 250-Revision 27- Historic) to add this property to the conceptual Planned Development for the Old Town/Main Street Project; removal of the existing structures; creating 7 additional lots (three (3) mixed-use office/residential, two (2) mixed-use retail/residential, one (1) retail building and one (1) common parking lot). APPLICANT: Developer: Surveyor: Owner: Chris Collins B & D Surveying Inc. Chadick Capital, L.P. 560 N. Coppell Rd Michael Boyle 5850 Lovers Lane, Apt. 353 Coppell, TX 75019 P.O Box 293264 Dallas, TX 75206 214-477-0320 Lewisville, TX 75029 214-543-3717 chriscollins@kw.com 972-221-2838 srchadick@verizon.net bd@bandsurveying.com HISTORY: This property has never been platted. There are two structures on the site. According to the Historic Resource Survey, the “T” shaped building was built in 1948 as the Coppell Baptist Church, replacing a building erected in 1896. The other structure, an education building, is an addition to the church that was built in 1953 and housed the kitchen, nursery, and Sunday School rooms. Additional information regarding the style of the structure has been included as an attachment. HISTORIC COMMENT: The site has Historic District zoning and is listed in the Historic Resource Survey as Priority A (church) and Priority B (education building). According to the survey Priority A is architecturally and historically significant and Priority B is historically significant. The resource survey lists the “T” shaped church as a one-story minimalist traditional structure that lacks decorative detailing but does have a front- facing gabled roof and front porch. The survey also lists the educational building ITEM # 7 Page 2 of 5 as being constructed in the minimalist traditional style featuring wood construction, a front gabled roof and a simple façade. TRANSPORTATION: West Bethel Road is a two-lane undivided road and Main Street is a two-lane divided road with angled on-street parking. SURROUNDING LAND USE & ZONING: North – Residence & Salon, (H) South – Office and City parking lot (PD-250R8-H) East - Restaurant (PD-250R8-H) West – Office buildings (PD-275-H) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, indicates this property as Old Coppell Historic District. The Old Coppell Master Plan identifies this area as ideal for mixed-use with a retail and service concentration for ground floors. DISCUSSION: Site Plan The site is located at the southwest corner of W. Bethel Road and Main Street. It currently contains two buildings that are proposed to be removed from the site to allow for this development. The site is just under an acre in size and is proposed to have seven lots containing six new mixed-use buildings and a parking lot. Buildings 1 and 2 will front W. Bethel Road. Building 3 is located at the corner of Main Street and Bethel and the remaining three buildings (4, 5 & 6) will front Main Street. These will have a similar spacing as the existing buildings to the south. The buildings will be a combination of office/residential, retail/residential and one full retail building. The residential portion will be located on the second floor and will have two garage spaces on the ground level accessed from the rear of the lot. Lot 7X is not developable and will solely be used as a parking lot. This is part of the PD conditions. Parking for the site will be a combination of garage parking, on- street parking on Main Street, parking on proposed Lot 7X, and 28 of the parking spaces from the existing public parking spaces nearby, for a total of 74 parking spaces as required. This site is proposed to be added to the conceptual Planned Development for the Old Town/Main Street Project and the existing P.O.A. for maintenance of the parking lot and amenities (benches, trash receptacles, bike racks, sidewalks between buildings in easements, etc.). A sidewalk will be built along Bethel Road and connecting sidewalks will be constructed from the proposed Lot 7X parking lot to the street frontages via a four-foot (4-ft) sidewalk easement located in between each of the buildings. No signs have been proposed with this development. Building Elevations The development will contain six (6) buildable lots that share common design elements and materials. They are in compliance with the Historic District design guidelines. Each of the buildings will be two-story, with heights varying from roughly 27-ft to just under 35-ft. The material board identifies the color palette to be used on the buildings within the development. A common shingle, brick and ITEM # 7 Page 3 of 5 stone will be used in the structures as well as building trims and accent color. The siding and trims will be cement fiber board lap siding and shingle look siding with wood or insulated steel front doors painted to match the trim. The two-car garage doors will be a decorative insulated metal in the Arts and Crafts style. More detailed information is provided on the elevations themselves for buildings 1-6, along with the materials and colors proposed. A rendering with different views is also provided. Colors are from the Sherwin Williams exterior historic preservation palette. The color for Building 1 will be Bunglehouse Blue with trims and soffits in a classical white or light gray; the building is a combination of cement fiber board lap siding and shingle look siding with decorative brackets and decorative porch poles with a stone base. The color for Building 2 will be a Westchester Gray with trims and soffits in a classical white or light gray; cement fiber board lap siding makes up the elevation materials. A front porch with a standing seam metal roof with exposed rafter tails and painted tapered columns on a brick base. This will be carried over to the porch at the rear of the dwelling but will have a roof matching the main roof of the house. Architectural brackets will be located over the garage door, and a second story balcony in the front of the building as well. Building 3 will be Downing Earth in color, with trims and soffits in a classical white or light gray; a standing seam metal roof on the turret with a decorative finial, and stone construction, a wrap-around porch with decorative wood porch poles, a stone base is located on the ground floor. A second story balcony with wall sconces is located on the eastern elevation, with wooden railings for all of the balconies and porch areas. The color for Building 4 will be Downing Stone with trims and soffits in a classical white or light gray; the cement fiber board siding will be a combination of wood shingle look and a smoother looking siding with a stone base for a portion of the front façade, and a balcony on the second story. The color for Building 5 will be Roycroft Copper Red with trims and soffits in a classical white or light gray; with vertical cement fiber siding with battens, a front porch with a standing seam porch roof and architectural brackets over the garage door. The color for Building 6 will be Rockwood Blue Green with trims and soffits in a classical white or light gray; the cement fiber board siding will be a combination of wood shingle look and a smoother looking siding and a front porch with a standing seam porch roof a stone base; and dormers on the roof. Landscaping The existing trees interior to the site are proposed to be removed. A tree removal permit will be required to remove trees on-site. There are also some Hackberry trees that will need to be removed to provide access to this site through the existing ITEM # 7 Page 4 of 5 city parking lot located south of this site. The applicant will need to coordinate with the Parks Department for the removal of those trees and any existing irrigation system. The plant schedule will need to be updated to include the quantity of each plant to be planted on site. The developer will be planting additional overstory trees on-site. Per the landscape plans provided additional Cedar Elm, Chinese Pistache, Lacebark Elm and Texas Red Oak trees will be planted throughout the site. The yards will have a variety of landscaping that includes trees, grass, shrubs and groundcovers, with the focus being the front yards. The parking lot (Lot 7X) will also have trees located in the islands and western perimeter. The building lots have a range of 32%-36% landscaping. Per the developer, the POA will maintain all landscaping on-site. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the request subject to: 1. There may be additional comments during the Detail Engineering review. 2. Final Plat is required and cannot be filed until buildings have been removed and zoning is approved. 3. Tree removal permit will be required prior to construction. 4. Update the quantity of proposed plants on the landscape plans. 5. Coordinate with Parks Department for the removal of offsite trees and relocation of irrigation south of Lot 7X to allow for access via the City’s parking lot. 6. Lot 7X, Block A, Main Street Old Town Addition shall only be used for parking. 7. Lot 7X, Block A, Main Street Old Town Addition will not have street frontage, but will be accessible via an access easement which will be required between Lot 7X, Block A, Main Street Old Town Addition and the City of Coppell. 8. Existing 15 parking spaces on Main Street in front of this development shall be counted for this development on the condition that this development becomes part of the Old Town POA. 9. Existing 28 parking spaces in the “Old Town” area shall be counted towards this development on the condition that this development becomes part of the Old Town POA. 10. The POA shall be responsible for maintenance of the common area, proposed Lot 7X, Block A, Main Street Old Town Addition, and all landscaping. 11. All signage must comply with H District ordinance requirements. 12. Building 3 will not have any residential uses but may have a commercial occupancy on the second floor. 13. Maximum building height shall not exceed 35-ft above finished floor. 14. The POA shall maintain all amenities including benches, trash receptacles, bicycle racks, sidewalk easements between buildings, etc. 15. The POA shall maintain the private drainage easement. 16. Submit a letter from the Old Town Main Street POA stating that they will accept this development into their POA and all of the responsibilities and conditions stated above. ALTERNATIVES: 1. Approval of the request 2. Denial of the request 3. Modification of the request 4. Take the case under advisement to a future date ATTACHMENTS: 1. Detail Site Plan ITEM # 7 Page 5 of 5 2. Landscape Plan 3. Elevations, Rendering & Material Board 4. Parking Plan 5. Historic Society Survey Sheets Site Data Parking SummarySITE PLAN Scale: 1"=20'Planned Development ConditionsN 89°09'33" E 187.33'S 00°36'35" E 220.53'S 89°18'49" W 186.95'N 00°42'31" W 220.03'(VARIABLE R.O.W.)W. BETHEL ROAD(VARIABLE WIDTH R.O.W.)MAIN STREETCOCCCOSDSDMHLPLPSDSDMHSDLPLPLPLPWWMWWMTEEEHHEEHHEEHHEEHHE1/2" REF. IRF "CBG"@S 00°36'35" E 0.34' 1/2" IRFCM"CBG"LOT 1R, BLOCK AOLD TOWN ADDITIONDOC. NO. 201200173120P.R.D.C.T.LOT 4R, BLOCK AOLD TOWN ADDITIONDOC. NO. 201200173120P.R.D.C.T.20' ACCESS AND UTILITY EASEMENT20' ACCESS AND UTILITY EASEMENT5' UTILITY EASEMENT5' UTILITY EASEMENT90.91'N 89D18'31"E 90.97'N89D18'31"E 91.03'N 89D18'49"E 70.79'N 00D43'51"W 84.96' S 00D41'11"E 84.80' 70.51' 84.64' N 00D40'41"W 135.38'SIDEWALK EASEMENT DETAILScale: 1/2"=1'-0"01 BLDG 4 2 STORY 1782 SF ON LVL 1 BLDG 2 2-STORY 2830 SF ON LVL 1 BLDG 3 2-STORY 2280 SF ON LVL 1 BLDG 5 2 STORY 2140 SF ON LVL 1 BLDG 6 2 STORY 2140 SF ON LVL 1 512.75FF= 513.00FF= 512.85FF= 513.20FF= 510.70FF= BLDG 1 2-STORY 2830 SF ON LVL 1 510.55FF=FF18 19 17 16 15 14 13 12 11 1 2 3 5 6 7 8 9 10 25 24 23 22 21 20 4 26 LLC COPPELL, TEXAS 75019N. MAIN AT BETHEL ROADa W R AWR Designs, LLC P.O. Box 1746 Aledo, Texas 76008 amanda@awr-designs.com c. 512.517.5589 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N TREE PRESERVATION PLAN FORGRAPHIC SCALE FEET04020 Scale 1"=20' - 0" TREE PRESERVATION LEGEND TREE TO BE REMOVED TREE TO REMAIN TREE PRESERVATION FENCING TREE PRESERVATION NOTES CONSTRUCTION METHODS: BORING: BORING OF UTILITIES UNDER PROTECTED TREES MAY BE REQUIRED. WHEN REQUIRED, THE MINIMUM LENGTH OF THE BORE SHALL BE THE WIDTH OF THE CRITICAL ROOT ZONE AND SHALL BE A MINIMUM DEPTH OF FORTY (48) INCHES. TRENCHING: ALL TRENCHING SHALL BE DESIGNED TO AVOID TRENCHING ACROSS CRITICAL ROOT ZONES OF ANY PROTECTED TREE. THE PLACEMENT OF UNDERGROUND UTILITY LINES SUCH AS ELECTRIC, PHONE, GAS, ETC., IS ENCOURAGED TO BE LOCATED OUTSIDE THE CRITICAL ROOT ZONE. TRENCHING FOR IRRIGATION SYSTEMS SHALL BE PLACED OUTSIDE THE CRITICAL ROOT ZONE EXCEPT THE MINIMUM REQUIRED SINGLE HEAD SUPPLY LINE. THIS LINE IS ALLOWED TO EXTEND INTO THE CRITICAL ROOT ZONE PERPENDICULAR TO THE TREE TRUNK WITH THE LEAST POSSIBLE DISTURBANCE. TREES TO BE REMOVED: ALL TREES TO BE REMOVED FROM THE SITE SHALL BE FLAGGED BY THE CONTRACTOR WITH BRIGHT RED VINYL TAPE WRAPPED AROUND THE MAIN TRUNK AT A HEIGHT OF FOUR (4') FEET ABOVE GRADE. TREES TO REMAIN: ALL TREES TO REMAIN, AS NOTED ON DRAWINGS, SHALL HAVE PROTECTIVE FENCING LOCATED AT THE TREE'S DRIP LINE. THE PROTECTIVE FENCING SHALL BE LOCATED AS INDICATED ON THE TREE PROTECTION DETAIL. EXISTING TREES NOTED TO REMAIN SHALL BE PROTECTED DURING CONSTRUCTION FROM DAMAGE AND COMPACTION OF SOIL UNDER AND AROUND DRIP LINE OF TREE. UNDER NO CIRCUMSTANCE SHALL THE CONTRACTOR PRUNE ANY PORTION OF THE DAMAGED TREE WITHOUT THE PRIOR APPROVAL BY THE OWNER'S AUTHORIZED REPRESENTATIVE. PROHIBITED ACTIVITIES IN CRITICAL ROOT ZONE: THE FOLLOWING ACTIVITIES ARE PROHIBITED IN THE AREAS NOTED AS THE CRITICAL ROOT ZONE. MATERIAL STORAGE: NO MATERIALS INTENDED FOR USE IN CONSTRUCTION, OR WASTE MATERIALS ACCUMULATED DUE TO EXCAVATION OR DEMOLITION, SHALL BE PLACED WITHIN THE LIMITS OF THE CRITICAL ROOT ZONE OF ANY PROTECTED TREE. EQUIPMENT CLEANING/LIQUID DISPOSAL: NO EQUIPMENT SHALL BE CLEANED, OR OTHER LIQUIDS DEPOSITED OR ALLOWED WITHIN THE LIMITS OF THE CRITICAL ROOT ZONE OF A PROTECTED TREE. THIS INCLUDES, WITHOUT LIMITATION: PAINT, OIL, SOLVENTS, ASPHALT, CONCRETE, MORTAR OR SIMILAR MATERIALS. TREE ATTACHMENTS: NO SIGNS, WIRES, OR OTHER ATTACHMENTS, OTHER THAN THOSE OF A PROTECTIVE NATURE, SHALL BE ATTACHED TO ANY PROTECTED TREE. VEHICULAR TRAFFIC: NO VEHICULAR AND/OR CONSTRUCTION, EQUIPMENT, TRAFFIC, OR PARKING SHALL TAKE PLACE WITHIN THE LIMITS OF THE CRITICAL ROOT ZONE OF ANY PROTECTED TREE OTHER THAN ON EXISTING STREET PAVEMENT. GRADE CHANGES: A MINIMUM OF 75% OF THE DRIP LINE AND ROOT ZONE SHALL BE PRESERVED AT NATURAL GRADE. ANY FINE GRADING DONE WITHIN THE CRITICAL ROOT ZONES OF THE PROTECTED TREES MUST BE DONE WITH LIGHT MACHINERY SUCH AS A BOBCAT OR LIGHT TRACTOR. NO EARTH MOVING EQUIPMENT WITH TRACKS IS ALLOWED WITHIN THE CRITICAL ROOT ZONE OF THE TREES. PROCEDURES REQUIRED PRIOR TO CONSTRUCTION: PROTECTIVE FENCING: PRIOR TO CONSTRUCTION, THE CONTRACTOR OR SUBCONTRACTOR SHALL CONSTRUCT AND MAINTAIN, FOR EACH PROTECTED TREE ON A CONSTRUCTION SITE, A PROTECTIVE FENCING WHICH ENCIRCLES THE OUTER LIMITS OF THE CRITICAL ROOT ZONE OF THE TREE TO PROTECT IT FROM CONSTRUCTION ACTIVITY. ALL PROTECTIVE FENCING SHALL BE IN PLACE PRIOR TO COMMENCEMENT OF ANY SITE WORK, AND REMAIN IN PLACE UNTIL ALL EXTERIOR WORK HAS BEEN COMPLETED. BARK PROTECTION: IN SITUATIONS WHERE A PROTECTED TREE REMAINS IN THE IMMEDIATE AREA OF INTENDED CONSTRUCTION, AND THE LANDSCAPE ARCHITECT OR OWNERS'S REPRESENTATIVE DETERMINES THE TREE BARK TO BE IN DANGER OF DAMAGE BY CONSTRUCTION EQUIPMENT OR OTHER ACTIVITY, THE CONTRACTOR OR SUBCONTRACTOR SHALL PROTECT THE TREE BY ENCLOSING THE ENTIRE CIRCUMFERENCE OF THE TREE WITH 2"X4" LUMBER ENCIRCLED WITH WIRE OR OTHER MEANS THAT DO NOT DAMAGE THE TREE. THE INTENT IS TO PROTECT THE BARK OF THE TREE AGAINST INCIDENTAL CONTACT BY LARGE CONSTRUCTION EQUIPMENT. TREE PROTECTION FENCING N.T.S. 1 METAL T-POST 2'-3' IN GROUND ORANGE VINYL OR CHAIN LINK FENCE TO REMAIN DURING CONSTRUCTION NO GRADING SHALL OCCUR WITHIN LIMITS OF DRIPLINE EXISTING TREE NO ENTRY SIGNAGE 4' MIN.BORING: BORING OF UTILITIES UNDER PROTECTED TREES SHALL BE REQUIRED IN CIRCUMSTANCES WHERE IT IS NOT POSSIBLE TO TRENCH AROUND THE CRITICAL ROOT ZONE OF THE PROTECTED TREE. WHERE REQUIRED, THE LENGTH OF THE BORE SHALL BE THE WIDTH OF THE CRITICAL ROOT ZONE AT A MINIMUM AND SHALL BE A MINIMUM DEPTH OF FORTY EIGHT (48") INCHES. TRENCH = 40% ROOT KILL TUNNELING SAVES ROOTS PROTECTED TREE DRIP LINE BORING AND TUNNELING N.T.S. 2 WHERE A PROTECTED TREE REMAINS IN THE IMMEDIATE AREA OF INTENDED CONSTRUCTION, AND THE TREE MAY BE IN DANGER OF BEING DAMAGED BY CONSTRUCTION EQUIPMENT OR OTHER ACTIVITY, THE CONTRACTOR OR SUBCONTRACTOR SHALL PROTECT THE TREE WITH 2" X 4" LUMBER ENCIRCLED WITH WIRE OR OTHER MEANS THAT DO NOT DAMAGE THE BARK OF THE TREE. THE INTENT IS TO PROTECT THE TRUNK OF THE TREE AGAINST INCIDENTAL CONTACT BY LARGE CONSTRUCTION EQUIPMENT. 2" X 4" LUMBER WIRE FINISH GRADE BARK PROTECTION N.T.S. 3 TREE REMOVAL PERMIT WILL BE REQUIRED PRIOR TO ANY EXISTING TREE ON SITE TO BE REMOVED. BLDG 4 2 STORY 1782 SF ON LVL 1 BLDG 2 2-STORY 2830 SF ON LVL 1 BLDG 3 2-STORY 2280 SF ON LVL 1 BLDG 5 2 STORY 2140 SF ON LVL 1 BLDG 6 2 STORY 2140 SF ON LVL 1 512.75FF= 513.00FF= 512.85FF= 513.20FF= 510.70FF= BLDG 1 2-STORY 2830 SF ON LVL 1 510.55FF=FF LLC COPPELL, TEXAS 75019N. MAIN AT BETHEL ROADa W R AWR Designs, LLC P.O. Box 1746 Aledo, Texas 76008 amanda@awr-designs.com c. 512.517.5589 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N LANDSCAPE PLAN FORGRAPHIC SCALE FEET04020 Scale 1"=20' - 0" GENERAL LAWN NOTES 1.CONTRACTOR SHALL COORDINATE OPERATIONS AND AVAILABILITY OF EXISTING TOPSOIL WITH ON-SITE CONSTRUCTION MANAGER 2.LAWN AREAS SHALL BE LEFT 1" BELOW FINAL FINISHED GRADE PRIOR TO TOPSOIL INSTALLATION. 3.CONTRACTOR TO FIND GRADE AREAS TO ACHIEVE FINAL CONTOURS AS SHOWN ON CIVIL DRAWINGS. POSITIVE DRAINAGE SHALL BE PROVIDED AWAY FROM ALL BUILDINGS. ROUNDING AT TOP AND BOTTOM OF SLOPES SHALL BE PROVIDED AND IN OTHER BREAKS IN GRADE. CORRECT AREAS WHERE STANDING WATER MAY OCCUR. 4.ALL LAWN AREAS SHALL BE FINE GRADED, IRRIGATION TRENCHES COMPLETELY SETTLED AND FINISH GRADE APPROVED BY THE OWNER'S CONSTRUCTION MANAGER OR LANDSCAPE ARCHITECT PRIOR TO LAWN INSTALLATION. 5.CONTRACTOR SHALL REMOVE ALL ROCKS 3/4" IN DIAMETER AND LARGER. REMOVE ALL DIRT CLODS, STICKS, CONCRETE SPOILS, TRASH ETC PRIOR TO PLACING TOPSOIL AND GRASS INSTALLATION. 6.CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. 7.CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT IF NECESSARY. SOLID SOD: 1.SOLID SOD SHALL BE PLACED ALONG ALL IMPERVIOUS EDGES, AT A MINIMUM. THIS SHALL INCLUDE CURBS, WALKS, INLETS, MANHOLES AND PLANTING BED AREAS. SOD SHALL COVER OTHER AREAS COMPLETELY AS INDICATED BY PLAN. 2.SOD SHALL BE STRONGLY ROOTED DROUGHT RESISTANT SOD, NOT LESS THAN 2 YEARS OLD, FREE OF WEEDS AND UNDESIRABLE NATIVE GRASS AND MACHINE CUT TO PAD THICKNESS OF 3/4" (+1/4"), EXCLUDING TOP GROWTH AND THATCH. 3.LAY SOD BY HAND TO COVER INDICATED AREAS COMPLETELY, ENSURING EDGES ARE TOUCHING WITH TIGHTLY FITTING JOINTS, NO OVERLAPS WITH STAGGERED STRIPS TO OFFSET JOINTS. 4.TOP DRESS JOINTS IN SOD BY HAND WITH TOPSOIL TO FILL VOIDS IF NECESSARY 5.SOD SHALL BE ROLLED TO CREATE A SMOOTH EVEN SURFACE. SOD SHOULD BE WATERED THOROUGHLY DURING INSTALLATION PROCESS. 6.SHOULD INSTALLATION OCCUR BETWEEN OCTOBER 1ST AND MARCH 1ST, OVERSEED BERMUDAGRASS SOD WITH WINTER RYEGRASS AT A RATE OF 4 POUNDS PER 1000 S.F. HYDROMULCH: 1.SCARIFY AND LOOSEN ALL AREAS TO BE HYDROMULCHED TO A MINIMUM DEPTH OF 4" PRIOR TO TOPSOIL AND HYDROMULCH INSTALLATION. 2.BERMUDA GRASS SEED SHALL BE EXTRA HULLED, TREATED LAWN TYPE. SEED SHALL BE DELIVERED TO THE SITE IN ITS ORIGINAL UNOPENED CONTAINER AND SHALL MEET ALL STATE/LOCAL LAW REQUIREMENTS. 3.FIBER SHALL BE 100% WOOD CELLULOSE FIVER, DELIVERED TO THE SITE IN ITS ORIGINAL UNOPENED CONTAINER AS MANUFACTURED BY "CONWEB' OR EQUAL. 4.FIBER TACK SHALL BE DELIVERED TO THE SITE IN ITS UNOPENED CONTAINER AND SHALL BE 'TERRO-TACK ONE', AS MANUFACTURED BY GROWERS, INC OR APPROVED EQUAL. 5.HYDROMULCH WITH BERMUDA GRASS SEET AT A RATE OF 2 POUNDS PER 1000 S.F. 6.USE A BATTER BOARD AGAINST ALL BED AREAS TO PREVENT OVER SPRAY. 7.IF INADEQUATE MOISTURE IS PRESENT IN SOIL, APPLY WATER AS NECESSARY FOR OPTIMUM MOISTURE FOR SEED APPLICATION. 8.IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1ST AND MAY 1ST, ALL HYDORMULCH AREAS SHALL BE OVER-SEEDED WITH WINTER RYE GRASS AT A RATE OF FOUR POUNDS PER ONE THOUSAND SQUARE FEET. CONTRACTOR SHALL BE REQUIRED TO RE-HYDROMULCH WITH BERMUDA GRASS THE FOLLOWING GROWING SEASON AS PART OF THIS CONTRACT. 9.AFTER APPLICATION, NO EQUIPMENT SHALL OPERATE OVER APPLIED AREAS. WATER SEEDED AREAS IMMEDIATELY AFTER INSTALLATION TO SATURATION. 10.ALL LAWN AREAS TO BE HYDROMULCHED SHALL ACHIEVE 100% COVERAGE PRIOR TO FINAL ACCEPTANCE. LANDSCAPE NOTES 1.CONTRACTOR TO VERIFY AND LOCATE ALL PROPOSED AND EXISTING ELEMENTS. NOTIFY LANDSCAPE ARCHITECT OR DESIGNATED REPRESENTATIVE FOR ANY LAYOUT DISCREPANCIES OR ANY CONDITION THAT WOULD PROHIBIT THE INSTALLATION AS SHOWN. SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS 2.CONTRACTOR SHALL CALL 811 TO VERIFY AND LOCATE ANY AND ALL UTILITIES ON SITE PRIOR TO COMMENCING WORK. LANDSCAPE ARCHITECT SHOULD BE NOTIFIED OF ANY CONFLICTS. CONTRACTOR TO EXERCISE EXTREME CAUTION WHEN WORKING NEAR UNDERGROUND UTILITIES. 3.A MINIMUM OF 2% SLOPE SHALL BE PROVIDED AWAY FROM ALL STRUCTURES. 4.CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS AS INDICATED. LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL FINISHED GRADE IN PLANTING AREAS AND 1" BELOW FINAL FINISHED GRADE IN LAWN AREAS. 5.LANDSCAPE ISLANDS SHALL BE CROWNED, AND UNIFORM THROUGHOUT THE SITE. 6.PLANTING AREAS AND SOD TO BE SEPARATED BY STEEL EDGING. NO STEEL EDGING SHALL BE INSTALLED ADJACENT TO BUILDINGS, WALKS OR CURBS. EDGING NOT TO BE MORE THAN 1/2" ABOVE FINISHED GRADE. 7.EDGING SHALL BE CUT AT 45 DEGREE ANGLE WHERE IT INTERSECTS WALKS AND/OR CURBS. 8.MULCH SHALL BE INSTALLED AT 1/2" BELOW THE TOPS OF SIDEWALKS AND CURBING. 9.QUANTITIES ON THESE PLANS ARE FOR REFERENCE ONLY. THE SPACING OF PLANTS SHOULD BE AS INDICATED ON PLANS OR OTHERWISE NOTED. ALL TREES AND SHRUBS SHALL BE PLANTED PER DETAILS. 10.CONTAINER GROWN PLANT MATERIAL IS PREFERRED HOWEVER BALL AND BURLAP PLANT MATERIAL CAN BE SUBSTITUTED IF NEED BE AND IS APPROPRIATE TO THE SIZE AND QUALITY INDICATED ON THE PLANT MATERIAL LIST. 11.TREES SHALL BE PLANTED AT A MINIMUM OF 5' FROM ANY UTILITY LINE, SIDEWALK OR CURB. TREES SHALL ALSO BE 10' CLEAR FROM FIRE HYDRANTS. 12.4" OF SHREDDED HARDWOOD MULCH (2" SETTLED THICKNESS) SHALL BE PLACED OVER WEED BARRIER FABRIC. MULCH SHALL BE SHREDDED HARDWOOD MULCH OR APPROVED EQUAL, PINE STRAW MULCH IS PROHIBITED. 13.WEED BARRIER FABRIC SHALL BE USED IN PLANT BEDS AND AROUND ALL TREES AND SHALL BE MIRAFI 1405 WEED BARRIER OR APPROVED EQUAL. 14.CONTRACTOR TO PROVIDE UNIT PRICING OF LANDSCAPE MATERIALS AND BE RESPONSIBLE FOR OBTAINING ALL LANDSCAPE AND IRRIGATION PERMITS. IRRIGATION: 1.ALL REQUIRED LANDSCAPE AREAS SHALL HAVE AN AUTOMATIC IRRIGATION SYSTEM WITH A FREEZE/RAIN SENSOR. SYSTEM SHALL ALSO HAVE AN ET WEATHER BASED CONTROLLER AND BE DESIGNED AND INSTALLED BY A LICENSED IRRIGATOR. MAINTENANCE REQUIREMENTS: 1.VEGETATION SHOULD BE INSPECTED REGULARLY TO ENSURE THAT PLANT MATERIAL IS ESTABLISHING PROPERLY AND REMAINS IN A HEALTHY GROWING CONDITION APPROPRIATE FOR THE SEASON. IF DAMAGED OR REMOVED, PLANTS MUST BE REPLACED BY A SIMILAR VARIETY AND SIZE. 2.MOWING, TRIMMING, EDGING AND SUPERVISION OF WATER APPLICATIONS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR UNTIL THE OWNER OR OWNER'S REPRESENTATIVE ACCEPTS AND ASSUMES REGULAR MAINTENANCE. 3.ALL LANDSCAPE AREAS SHOULD BE CLEANED AND KEPT FREE OF TRASH, DEBRIS, WEEDS AND OTHER MATERIAL. MISCELLANEOUS MATERIALS: 1.STEEL EDGING SHALL BE 3/16" X 4 X 16' DARK GREEN DURAEDGE STEEL LANDSCAPE EDGING UNLESS NOTED OTHERWISE ON PLANS/DETAILS. PRUNING AND TRIMMING NOTES 1.CONTRACTOR SHALL PRUNE ALL EXISTING TREES ON-SITE USING STANDARD GUIDELINES IN THE INDUSTRY. 2.ALL TREES SHALL BE TRIMMED SO THAT NATURAL SHAPES OF THE PLANTS ARE RETAINED. 3.DO NOT 'TOP' OR 'HEAD' TREES. 4.IF BALLING OR SHEARING OF TREES HAS OCCURRED IN THE PAST, DISCONTINUE THIS PRACTICE AND ALLOW PLANTS TO GROW INTO NATURAL SHAPE. 5.REMOVE SUCKERS, DEAD, DYING, DISEASED, BROKEN AND / OR WEAK BRANCHES FROM ALL TREES ALONG THE MAIN TRUNK STRUCTURE AND WITHIN THE BRANCHING AREA. 6.CONTRACTOR SHALL PRUNE EXISTING DECIDUOUS HARDWOOD BY REMOVING LOWER LIMBS TO RAISE THE CANOPY. THE BOTTOM OF THE CANOPY SHALL BE RAISED TO 12'-0" ABOVE GRADE FOR DECIDUOUS HARDWOOD TREES, WHEN POSSIBLE. THE INTEGRITY OF THE CANOPY AND STRUCTURE OF THE TREE SHALL BE MAINTAINED. DO NOT CUT OR PRUNE CENTRAL LEADERS. 7.CONTRACTOR SHALL THIN THE CANOPY BY ONE-FOURTH. PRUNE TREE TO EVENLY SPACE BRANCHES WITHIN THE CANOPY WHENEVER POSSIBLE. REMOVE THOSE LIMBS THAT CROSS OTHERS, DOUBLE LEADERS AND THOSE THAT EXCESSIVELY EXTEND BEYOND THE NATURAL CROWN OF THE TREE. 8.CONTRACTOR SHALL PROVIDE DEEP ROOT FEEDING AND INVIGORATION OF EXISTING TREES. THIS SHALL BE ORGANIC BASED NUTRIENTS BASED FOR ROOT GROWTH AND LEAF GROWTH STIMULATION. 9.CONTRACTOR SHALL BE REQUIRED TO CHIP ALL REMOVED BRANCHES, LEAFS, ETC. TABULATIONS BY LOT: BUILDING 1 - LOT AREA: 5118 S.F. LANDSCAPE AREA: 1865 S.F. LANDSCAPE AREA %:36% BUILDING 2 - LOT AREA: 4753 S.F. LANDSCAPE AREA: 1607 S.F. LANDSCAPE AREA %:33% BUILDING 3 - LOT AREA: 5005 S.F. LANDSCAPE AREA: 1712 S.F. LANDSCAPE AREA %:34% BUILDING 4 - LOT AREA: 4260 S.F. LANDSCAPE AREA: 1498 S.F. LANDSCAPE AREA %:35% BUILDING 5 - LOT AREA: 4549 S.F. LANDSCAPE AREA: 1469 S.F. LANDSCAPE AREA %:32% BUILDING 6 - LOT AREA: 4529 S.F. LANDSCAPE AREA: 1638 S.F. LANDSCAPE AREA %:36% LOT 7X - LOT AREA: 13016 S.F. LANDSCAPE AREA:774 S.F LANDSCAPE AREA %:5.9% POA WILL MAINTAIN ALL LANDSCAPING ON SITE. LOT 7X IS REQUESTING TO NOT HAVE STREET FRONTAGE. TREE REMOVAL PERMIT WILL BE REQUIRED PRIOR TO ANY EXISTING TREE ON SITE TO BE REMOVED. LP LPPP PP PP LP LPPP PP PP LLC COPPELL, TEXAS 75019N. MAIN AT BETHEL ROADa W R AWR Designs, LLC P.O. Box 1746 Aledo, Texas 76008 amanda@awr-designs.com c. 512.517.5589 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N LANDSCAPE AREA PLAN FOR*RAP+IC SCALE FEET SFDOH     LLC COPPELL, TEXAS 75019N. MAIN AT BETHEL ROADa W R AWR Designs, LLC P.O. Box 1746 Aledo, Texas 76008 amanda@awr-designs.com c. 512.517.5589 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N LANDSCAPE SPECIFICATIONS AND DETAILS FORTREE PLANTING SHRUB PLANTING SHRUBS OR GROUNDCOVER AS SPECIFIED ON PLAN PLANTING SOIL MIX. TILL IN WITH PARTS EXISTING SOIL, EXCLUDING LARGE CLODS AND ROCKS. ROOT BALL, DO NOT DISTURB UNDISTURBED SUBGRADE / NATIVE SOIL WEED BARRIER FABRIC LAYER OF MULCH, SETTLED THICKNESS SHOULD BE 2" MIN.CURB OR SIDEWALK, NO STEEL EDGING ALONG WALK, TYP. TOP OF MULCH SHOULD BE, AT MINIMUM, 1/2" BELOW WALK OR CURBING REF. LANDSCAPE PLAN FOR SPACING N.T.S. 1 2 N.T.S. 1/2" MAXIMUM O.C. SPACINGO.C. SPACING BACK OF CURB MULCH 24" MIN. SETBACK FOR SHRUBS & GROUNDCOVERS ALONG BACK OF CURB TO ALLOW FOR CAR OVERHANG SHRUB SPACING AND PLANTING AT B.O.C.3 N.T.S. 4' MIN. 2.5' MIN. SPECIFIED BED BORDER 2' MIN. BACK OF CURB MULCH PER SPECIFICATIONS LAWN SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECIFICATIONS 3/16" X 4" X 16" STEEL EDGING WITH STAKES NOTE: NO STEEL EDGING TO BE INSTALLED ALONG SIDEWALKS 1/2" MAXIMUM STEEL EDGING DETAIL4 N.T.S. DECOMPOSED GRANITE / RIVER ROCK5 N.T.S. DECOMPOSED GRANITE AND/OR RIVER ROCK TO BE COMPACTED TO A 3" DEPTH PLANTING AREA, REFERENCE LANDSCAPE PLAN DECOMPOSED GRANITE / RIVER ROCK ENSURE PROPER DRAINAGE STEEL EDGING FILTER FABRIC, WRAP UP AT EDGING, TYP. COMPACTED SUBGRADE ™ PLANTING HOLE "S" HOOK U-BRACKET TREE TRUNK ROOT ANCHOR TREE ROOT BALL "S" HOOK TIGHTENING STRAP DRIVE ROD ANCHOR STEP 1: ·SET TREE IN PLANTING PIT ·PLACE ANCHOR WITH RING SIDE DOWN AGAINST TOP OF ROOT BALL ·CENTER ROOT ANCHOR'S INNER RING(S) AROUND TRUNK OF TREE ·ALIGN DRIVE ROD AS CLOSE AS POSSIBLE TO OUTSIDE EDGE OF U-BRACKET STEP 2: ·DRIVE ANCHOR STRAIGHT DOWN INTO UNDISTURBED SUBBASE SOIL ·SEE CHART FOR RECOMMENDED DEPTHS PER TREE SIZE STEP 3: ·REMOVE DRIVE ROD ·REPEAT STEPS 1 & 2 FOR ALL THREE (3) ANCHOR LOCATIONS ·PULL BACK ON STRAP APPROXIMATELY 3" FOR THE V-68 ANCHOR, OR 6" TO 7" FOR THE V-88 ANCHOR TO SET ANCHOR INTO A HORIZONTAL OR LOCKED POSITION. A FULCRUM MAY BE REQUIRED TO ASSIST IN SETTING THE ANCHOR. ·PLACE "S" HOOK OVER THE END OF THE U-BRACKET ·PULL STRAP UP VERTICALLY UNTIL ROOT ANCHOR RINGS BITE INTO THE TOP OF THE ROOT BALL AND U-BRACKETS ARE SETTING FLUSH ON TOP OF THE ROOT BALL ·TIE EXCESS STRAP OFF TO THE U-BRACKET ALLOWING ENOUGH REMAINING STRAP TO ADJUST TREE, IF NECESSARY TREE STAKE SOLUTIONS, LLC. 9973 FM 521 Road Rosharon, Texas 77583 www.treestakesolutions.com Phone: 281-778-1400 Mobile: 903-676-6143 Fax: 281-778-1425 PLAN DETAIL A SEE DETAIL A ROOT ANCHOR ITEM# ROOT BALL & CONTAINER SIZE ANCHOR INSTALLATION DEPTH QUANTITY & ANCHOR SIZE 15-BG 10 / 15 Gallon or 17" root ball 30-BG 20 / 39 Gallon or 22" root ball 45/65-BG 45 / 65 Gallon or 27-30" root ball 100-BG 95 / 100 Gallon or 36" root ball 150-BG 150 Gallon or 42" root ball 200-BG 200 Gallon or 48" root ball 300-BG 300 Gallon or 58" root ball CUSTOM-BG Root Balls larger than 60" SECTIONS 3 - V68 Anchors 3 - V68 Anchors 3 - V68 Anchors 3 - V68 Anchors 3 - V68 Anchors 3 - V88 Anchors 3 - V88 Anchors 12 - 18" Minimum Depth 18 - 24" Minimum Depth 24 - 30" Minimum Depth 30 - 36" Minimum Depth 48" Minimum Depth 48" Minimum Depth 48" Minimum Depth TBD SECTION 32 9300 - LANDSCAPE PART 1 - GENERAL 1.1 QUALIFICATIONS OF THE LANDSCAPE CONTRACTOR. A.ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING 1.2 REFERENCE DOCUMENTS A.REFER TO LANDSCAPE PLANS, NOTES, SCHEDULES AND DETAILS FOR ADDITIONAL REQUIREMENTS 1.3 SCOPE OF WORK / DESCRIPTION OF WORK A.WORK COVERED BY THESE SECTIONS INCLUDES: FURNISH ALL SUPERVISIONS, LABOR, MATERIALS, SERVICES, EQUIPMENT AND APPLIANCES REQUIRED TO COMPLETE THE WORK COVERED IN CONJUNCTION WITH THE LANDSCAPING COVERED IN LANDSCAPE PLANS AND SPECIFICATIONS INCLUDING: 1. PLANTING (TREES, SHRUBS, GRASSES) 1.BED PREP AND FERTILIZATION 3. NOTIFICATION OF SOURCES 4. WATER AND MAINTENANCE UNTIL ACCEPTANCE 5. GUARANTEE B.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS. C.THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK 1.4 REFERENCES A.AMERICAN STANDARD FOR NURSERY STOCK PUBLISHED BY AMERICAN ASSOCIATION OF NURSERYMEN; 27 OCTOBER 1980, EDITION; BY AMERICAN NATIONAL STANDARDS INSTUTUTE (Z60.1) - PLANT MATERIAL B.AMERICAN JOINT COMMITTEE ON HORTICULTURE NOMENCLATURE; 1942 EDITION OF STANDARDIZED PLANT NAMES. C.TEXAS ASSOCIATION OF NURSERYMEN, GRADES AND STANDARDS 1.5 SUBMITTALS A.PROVIDE REPRESENTATIVE QUANTITIES OF EACH SOIL, MULCH, BED MIX, GRAVEL AND STONE BEFORE INSTALLATION. SAMPLES TO BE APPROVED BY OWNER'S REPRESENTATIVE BEFORE USE. B.SOIL AMENDMENTS AND FERTILIZERS SHOULD BE RESEARCHED AND BASED ON THE SOILS IN THE AREA. C.BEFORE INSTALLATION, SUBMIT DOCUMENTATION THAT PLANT MATERIALS ARE AVAILABLE AND HAVE BEEN RESERVED. FOR ANY PLANT MATERIAL NOT AVAILABLE, SUBMIT REQUEST FOR SUBSTITUTION. 1.6 JOB CONDITIONS, DELIVERY, STORAGE AND HANDLING A.GENERAL CONTRACTOR TO COMPLETE WORK BEFORE LANDSCAPE CONTRACTOR TO COMMENCE. B.ALL PLANTING BED AREAS SHALL BE LEFT THREE INCHES BELOW FINAL GRADE OF SIDEWALKS, DRIVES AND CURBS. ALL AREAS TO RECEIVE SOLID SOD SHALL BE LEFT ONE INCH BELOW THE FINAL GRADE OF WALKS, DRIVES AND CURBS. CONSTRUCTION DEBRIS SHALL BE REMOVED PRIOR TO LANDSCAPE CONTRACTOR BEGINNING WORK C.STORAGE OF MATERIALS AND EQUIPMENT AT THE JOB SITE WILL BE AT THE RISK OF THE LANDSCAPE CONTRACTOR. THE OWNER CANNOT BE HELD RESPONSIBLE FOR THEFT OR DAMAGE. 1.7 SEQUENCING A.INSTALL TREES, SHRUBS, AND LINER STOCK PLANT MATERIALS PRIOR TO INSTALLATION OF LAWN/SOLID SOD. B.WHERE EXISTING TURF AREAS ARE BEING CONVERTED TO PLANTING BEDS, THE TURF SHALL BE CHEMICALLY ERADICATED TO MINIMIZE RE-GROWTH IN THE FUTURE. AREAS SHALL BE PROPERLY PREPARED WITH AMENDED ORGANIC MATTER. 1.8 MAINTENANCE AND GUARANTEE MAINTENANCE: A.THE LANDSCAPE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK FROM THE TIME OF PLANTING UNTIL FINAL ACCEPTANCE BY OWNER. B.NO TREES, GRASS, GROUNDCOVER OR GRASS WILL BE ACCEPTED UNLESS THEY SHOW HEALTHY GROWTH AND SATISFACTORY FOLIAGE CONDITIONS. C.MAINTENANCE SHALL INCLUDE WATERING OF TREES AND PLANTS, CULTIVATION, WEED SPRAYING, EDGING, PRUNING OF TREES, MOWING OF GRASS, CLEANING UP AND ALL OTHER WORK NECESSARY FOR MAINTENANCE. D.A WRITTEN NOTICE REQUESTING FINAL INSPECTION AND ACCEPTANCE SHOULD BE SUBMITTED TO THE OWNER AT LEAST 7 DAYS PRIOR TO COMPLETION. AN ON SITE INSPECTION BY THE OWNER'S AUTHORIZED REPRESENTATIVE WILL BE COMPLETED PRIOR TO WRITTEN ACCEPTANCE. E.NOTIFY OWNER OR OWNER'S REPRESENTATIVE SEVEN DAYS PRIOR TO THE EXPIRATION OF THE WARRANTY PERIOD. F.REMOVE DEAD, UNHEALTHY AND UNSIGHTLY PLANTS DURING WARRANTY PERIOD G.REMOVE GUYING AND STAKING MATERIALS AFTER ONE YEAR H.ALL LANDSCAPE MUST BE MAINTAINED AND GRASS MOWED/EDGED ON A WEEKLY SCHEDULE UNTIL ACCEPTANCE BY OWNER. REMOVE CLIPPINGS AND DEBRIS FROM SITE PROMPTLY. I.REMOVE TRASH, DEBRIS, AND LITTER. WATER, PRUNE, RESTAKE TREES, FERTILIZE, WEED AND APPLY HERBICIDES AND FUNGICIDES AS REQUIRED. J.COORDINATE THE OPERATION OF IRRIGATION SYSTEM TO ENSURE THAT PLANTS ARE ADEQUATELY WATERED. HAND WATER AREAS NOT RECEIVING ADEQUATE WATER FROM AN IRRIGATION SYSTEM. K.THE LANDSCAPE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN ACCORDANCE TO THE MAINTENANCE SERVICE TO ENSURE THE SYSTEM IS IN PROPER WORKING ORDER WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION. L.REAPPLY MULCH TO BARE AND THIN AREAS. M.SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM, THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF GRASS AT NO ADDITIONAL COST TO THE OWNER. N.TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a.THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b.ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c.SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED. GUARANTEE: A.TREES, SHRUBS, GROUNDCVOER SHALL BE GUARANTEED (IN WRITING) FOR A 12 MONTH PERIOD (90 DAYS FOR ANNUAL PLANTING OR AT THE END OF THE SEASONAL COLOR GROWING SEASON, WHICHEVER COMES SOONER) AFTER FINAL ACCEPTANCE. THE CONTRACTOR SHALL REPLACE ALL DEAD MATERIALS AS SOON AS WEATHER PERMITS AND UPON NOTIFICATION OF THE OWNER. B.PLANTS INCLUDING TREES, WHICH HAVE PARTIALLY DIED SO THAT SHAPE, SIZE OR SYMMETRY HAVE BEEN DAMAGED SHALL BE CONSIDERED SUBJECT TO REPLACEMENT. IN SUCH CASES, THE OPINION OF THE OWNER SHALL BE FINAL. C.PLANTS USED FOR REPLACEMENT SHALL BE OF THE SAME SIZE AND KIND AS THOSE ORIGINALLY PLANTED OR SPECIFIED. ALL WORK INCLUDING MATERIALS, LABOR AND EQUIPMENT USED IN REPLACEMENTS SHALL CARRY A 12 MONTH GUARANTEE. ANY DAMAGE INCLUDING RUTS IN LAWN OR BED AREAS INCURRED AS A RESULT OF MAKING REPLACEMENTS SHALL BE IMMEDIATELY REPAIRED. D.WHEN PLANT REPLACEMENTS ARE MADE, PLANTS, SOIL MIX, FERTILIZER AND MULCH ARE TO BE UTILIZED AS ORIGINALLY SPECIFIED AND RE-INSPECTED FOR FULL COMPLIANCE WITH THE CONTRACT REQUIREMENTS. ALL REPLACEMENTS ARE INCLUDED UNDER "WORK" OF THIS SECTION. E.THE OWNER AGREES THAT FOR THE ONE YEAR WARRANTY PERIOD TO BE EFFECTIVE, HE WILL WATER PLANTS AT LEAST TWICE A WEEK DURING DRY PERIODS. F.THE ABOVE GUARANTEE SHALL NOT APPLY WHERE PLANTS DIE AFTER ACCEPTANCE BECAUSE OF DAMAGE DUE TO ACTS OF GOD, VANDALISM, INSECTS, DISEASE, INJURY BY HUMANS, MACHINES, THEFT OR NEGLIGENCE BY OWNER. G.ACCEPTANCE FOR ALL LANDSCAPE WORK SHALL BE GIVEN AFTER FINAL INSPECTION BY THE OWNER PROVIDED THE JOB IS IN A COMPLETE, UNDAMAGED CONDITION AND THERE IS A STAND OF GRASS IN ALL LAWN AREAS. AT THAT TIME, THE OWNER WILL ASSUME MAINTENANCE ON THE ACCEPTED WORK. 1.9 QUALITY ASSURANCE A.COMPLY WITH ALL FEDERAL, STATE, COUNTY AND LOCAL REGULATIONS GOVERNING LANDSCAPE MATERIALS AND WORK. B.EMPLOY PERSONNEL EXPERIENCED AND FAMILIAR WITH THE REQUIRED WORK AND SUPERVISION BY A FOREMAN. C.MAKE CONTACT WITH SUPPLIERS IMMEDIATELY UPON OBTAINING NOTICE OF CONTRACT ACCEPTANCE TO SELECT AND BOOK MATERIALS. D.DEVELOP A PROGRAM OF MAINTENANCE (PRUNING AND FERTILIZATION) WHICH WILL ENSURE THE PURCHASED MATERIALS WILL MEET AND/OR EXCEED PROJECT SPECIFICATIONS. E.DO NOT MAKE PLANT MATERIAL SUBSTITUTIONS. IF THE LANDSCAPE MATERIAL SPECIFIED IS NOT READILY AVAILABLE, SUBMIT PROOF TO LANDSCAPE ARCHITECT ALONG WITH THE PROPOSED MATERIAL TO BE USED IN LIEU OF THE SPECIFIED PLANT. F.AT THE TIME BIDS ARE SUBMITTED, THE CONTRACTOR IS ASSUMED TO HAVE LOCATED THE MATERIALS NECESSARY TO COMPLETE THE JOB AS SPECIFIED. G.OWNER'S REPRESENTATIVE SHALL INSPECT ALL PLANT MATERIAL AND RETAINS THE RIGHT TO INSPECT MATERIALS UPON ARRIVAL TO THE SITE AND DURING INSTALLATION. THE OWNER'S REPRESENTATIVE MAY ALSO REJECT ANY MATERIALS HE/SHE FEELS TO BE UNSATISFACTORY OR DEFECTIVE DURING THE WORK PROCESS. ALL PLANTS DAMAGED IN TRANSIT OR AT THE JOB SITE SHALL BE REJECTED. 1.10 PRODUCT DELIVERY, STORAGE AND HANDLING A.PREPARATION 1. BALLED AND BURLAPPED B&B PLANTS): DIG AND PREPARE SHIPMENT IN A MANNER THAT WILL NOT DAMAGE ROOTS, BRANCHES, SHAPE AND FUTURE DEVELOPMENT. 2. CONTAINER GROWN PLANTS: DELIVER PLANTS IN RIGID CONTAINER TO HOLD BALL SHAPE AND PROTECT ROOT MASS. B.DELIVERY 1. DELIVER PACKAGED MATERIALS IN SEALED CONTAINERS SHOWING WEIGHT, ANALYSIS AND NAME OF MANUFACTURER. PROTECT MATERIALS FROM DETERIORATION DURING DELIVERY AND WHILE STORED ON SITE. 2. DELIVER ONLY PLANT MATERIALS THAT CAN BE PLANTED IN ONE DAY UNLESS ADEQUATE STORAGE AND WATERING FACILITIES ARE AVAILABLE ON SITE 3. PROTECT ROOT BALLS BY HEELING IN WITH SAWDUST OR OTHER APPROVED MOISTURE RETAINING MATERIAL IF NOT PLANTED WITHIN 24 HOURS OF DELIVERY. 4. PROTECT PLANTS DURING DELIVERY TO PREVENT DAMAGE TO ROOT BALL OR DESICCATION OF LEAVES. 5. KEEP PLANTS MOIST AT ALL TIMES. COVER ALL MATERIALS DURING TRANSPORT. 6. NOTIFY OWNERS REPRESENTATIVE OF DELIVERY 72 HOURS PRIOR TO DELIVERY OF PLANT MATERIAL AT JOB SITE. 7. REMOVE REJECTED PLANT MATERIAL IMMEDIATELY FROM JOB SITE. 8. TO AVOID DAMAGE OR STRESS, DO NOT LIFT, MOVE, ADJUST TO PLUMB, OR OTHERWISE MANIPULATE PLANTS BY TRUNK OR STEMS. PART 2 - PRODUCTS 2.1 PLANT MATERIALS A.GENERAL: WELL FORMED NO. 1 GRADE OR BETTER NURSERY GROWN STOCK. LISTED PLANT HEIGHTS ARE FROM TOPS OF FOOT BALLS TO NOMINAL TOPS OF PLANTS. PLANT SPREAD REFERS TO NOMINAL OUTER WIDTH OF THE PLANT NOT THE OUTER LEAF TIPS. PLANTS SHALL BE INDIVIDUALLY APPROVED BY THE OWNERS REPRESENTATIVE AND THEIR DECISION AS TO THEIR ACCEPTABILITY SHALL BE FINAL. B.QUANTITIES: THE DRAWINGS AND SPECIFICATIONS ARE COMPLIMENTARY. ANYTHING CALLED FOR ON ONE AND NOT THE OTHER IS AS BINDING AS IF SHOWN AND CALLED FOR ON BOTH. THE PLANT SCHEDULE IS AN AID TO BIDDERS ONLY. CONFIRM ALL QUANTITIES ON PLAN. C.QUANTITIES AND SIZE: PLANT MATERIALS SHALL CONFORM TO THE SIZE GIVEN ON THE PLAN AND SHALL BE HEALTHY, WELL SHAPED, FULL BRANCHED AND WELL ROOTED. SYMMETRY IS ALSO IMPERATIVE. PLANTS SHALL BE FREE FROM INSECTS, INJURY, DISEASE, BROKEN BRANCHES, DISFIGUREMENTS, INSECT EGGS AND ARE TO BE OF SPECIMEN QUALITY. D.APPROVAL: ALL PLANTS WHICH ARE FOUND UNSUITABLE IN GROWTH OR ARE UNHEALTHY, BADLY SHAPED OR UNDERSIZED WILL BE REJECTED BY THE OWNERS REPRESENTATIVE EITHER BEFORE OR AFTER PLANTING AND SHALL BE REMOVED AT THE EXPENSE OF THE LANDSCAPE CONTRACTOR AND REPLACED WITH ACCEPTABLE SPECIMENS. E.TREES SHALL BE HEALTHY, FULL BRANCHED, WELL SHAPED AND SHALL MEET THE MINIMUM REQUIREMENTS AS SPECIFIED ON THE PLANT SCHEDULE. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE IF POSSIBLE, AND WITH SIMILAR CLIMACTIC CONDITIONS. F.PRUNING: ALL PRUNING OF TREES AND SHRUBS SHALL BE EXECUTED BY THE LANDSCAPE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER, PRIOR TO FINAL ACCEPTANCE. G.PLANTS SHALL CONFORM TO THE MEASUREMENTS SPECIFIED, EXCEPT THE PLANTS LARGER THAN THOSE SPECIFIED MAY BE USED. USE OF LARGER PLANTS SHALL NOT INCREASE THE CONTRACT PRICE. H.WHERE MATERIALS ARE PLANTED IN MASSES, PROVIDE PLANTS OF UNIFORM SIZE. I.ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED, FIBROUS ROOT SYSTEMS, NON-POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS). J.ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING K.TREE TRUNKS TO BE STURDY, EXHIBIT HARDENED SYSTEMS AND VIGOROUS AND FIBROUS ROOT SYSTEMS, NOT ROOT OR POT BOUND. L.TREES WITH DAMAGED OR CROOKED LEADERS, BARK ABRASIONS, SUNSCALD, DISFIGURING KNOTS, OR\INSECT DAMAGE WILL BE REJECTED. M.CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER N.MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. O.ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED. P.SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD. 2.2 SOIL PREPARATION MATERIALS A.SANDY LOAM: 1. FRIABLE, FERTILE, DARK, LOAMY SOIL, FREE OF CLAY LUMPS, SUBSOIL, STONES AND OTHER EXTRANEOUS MATERIAL AND REASONABLY FREE OF WEEDS AND FOREIGN GRASSES. LOAM CONTAINING DALLASGRASS OR NUTGRASS SHALL BE REJECTED. 2. PHYSICAL PROPERTIES AS FOLLOWS: a.CLAY – BETWEEN 7-27% b.SILT – BETWEEN 15-25% c.SAND – LESS THAN 52% 3. ORGANIC MATTER SHALL BE 3%-10% OF TOTAL DRY WEIGHT. 4. IF REQUESTED, LANDSCAPE CONTRACTOR SHALL PROVIDE A CERTIFIED SOIL ANALYSIS CONDUCTED BY AN APPROVED SOIL TESTING LABORATORY VERIFYING THAT SANDY LOAM MEETS THE ABOVE REQUIREMENTS. B.ORGANIC MATERIAL: COMPOST WITH A MIXTURE OF 80% VEGETATIVE MATTER AND 20% ANIMAL WASTE. INGREDIENTS SHOULD BE A MIX OF COURSE AND FINE TEXTURED MATERIAL. C.PREMIXED BEDDING SOIL AS SUPPLIED BY VITAL EARTH RESOURCES, GLADEWATER, TEXAS; PROFESSIONAL BEDDING SOIL AS SUPPLIED BY LIVING EARTH TECHNOLOGY, DALLAS, TEXAS OR ACID GRO MUNICIPAL MIX AS SUPPLIED BY SOIL BUILDING SYSTEMS, DALLAS, TEXAS OR APPROVED EQUAL. D.SHARP SAND: SHARP SAND MUST BE FREE OF SEEDS, SOIL PARTICLES AND WEEDS. E.MULCH: DOUBLE SHREDDED HARDWOOD MULCH, PARTIALLY DECOMPOSED, DARK BROWN. F.ORGANIC FERTILIZER: FERTILAID, SUSTANE, OR GREEN SENSE OR EQUAL AS RECOMMENDED FOR REQUIRED APPLICATIONS. FERTILIZER SHALL BE DELIVERED TO THE SITE IN ORIGINAL UNOPENED CONTAINERS, EACH BEARING THE MANUFACTURER'S GUARANTEED STATEMENT OF ANALYSIS. G.COMMERCIAL FERTILIZER: 10-20-10 OR SIMILAR ANALYSIS. NITROGEN SOURCE TO BE A MINIMUM 50% SLOW RELEASE ORGANIC NITROGEN (SCU OR UF) WITH A MINIMUM 8% SULFUR AND 4% IRON, PLUS MICRONUTRIENTS. H.PEAT: COMMERCIAL SPHAGNUM PEAT MOSS OR PARTIALLY DECOMPOSED SHREDDED PINE BARK OR OTHER APPROVED ORGANIC MATERIAL. 2.3 MISCELLANEOUS MATERIALS A.STEEL EDGING - SHALL BE 3/16” X 4” X 16” DARK GREEN LANDSCAPE EDGING. DURAEDGE STEEL OR APPROVED EQUAL. B.TREE STAKING - TREE STAKING SOLUTIONS OR APPROVED SUBSTITUTE; REFER TO DETAILS. C.FILTER FABRIC - MIRAFI 1405 BY MIRAFI INC. OR APPROVED SUBSTITUTE. AVAILABLE AT LONE STAR PRODUCTS, INC. (469-523-0444) D.SAND - UNIFORMLY GRADED, WASHED, CLEAN, BANK RUN SAND. E.GRAVEL: WASHED NATIVE PEA GRAVEL, GRADED 1" TO 1.5" F.DECOMPOSED GRANITE - BASE MATERIAL OF NATURAL MATERIAL MIX OF GRANITE AGGREGATE NOT TO EXCEED 1/8” IN DIAMETER COMPOSED OF VARIOUS STAGES OF DECOMPOSED EARTH BASE. G.RIVER ROCK - LOCALLY AVAILABLE NATIVE RIVER ROCK BETWEEN 2”-4” IN DIAMETER. H.PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES. PART 3 - EXECUTION 3.1 PREPARATION A.LANDSCAPE CONTRACTOR TO INSPECT ALL EXISTING CONDITIONS AND REPORT ANY DEFICIENCIES TO THE OWNER. B.ALL PLANTING AREAS SHALL BE CONDITIONED AS FOLLOWS: 1. PREPARE NEW PLANTING BEDS BY SCRAPING AWAY EXISTING GRASS AND WEEDS AS NECESSARY. TILL EXISTING SOIL TO A DEPTH OF SIX (6") INCHES PRIOR TO PLACING COMPOST AND FERTILIZER. APPLY FERTILIZER AS PER MANUFACTURER'S RECOMMENDATIONS. ADD SIX (6") INCHES OF COMPOST AND TILL INTO A DEPTH OF SIX (6") INCHES OF SPECIFIED MULCH (SETTLED THICKNESS). 2. BACKFILL FOR TREE PITS SHALL BE AS FOLLOWS: USE EXISTING TOP SOIL ON SITE (USE IMPORTED TOPSOIL AS NEEDED) FREE FROM LARGE CLUMPS, ROCKS, DEBRIS, CALICHE, SUBSOILS, ETC., PLACED IN NINE (9") INCH LAYERS AND WATERED IN THOROUGHLY. C.GRASS AREAS: 1. BLOCKS OF SOD SHOULD BE LAID JOINT TO JOINT (STAGGERED JOINTS) AFTER FERTILIZING THE GROUND FIRST. ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE. THE JOINTS BETWEEN THE BLOCKS OF SOD SHOULD BE FILLED WITH TOPSOIL WHERE THEY ARE GAPED OPEN, THEN WATERED THOROUGHLY. 3.2 INSTALLATION A.MAINTENANCE OF PLANT MATERIALS SHALL BEGIN IMMEDIATELY AFTER EACH PLANT IS DELIVERED TO THE SITE AND SHALL CONTINUE UNTIL ALL CONSTRUCTION HAS BEEN SATISFACTORILY ACCOMPLISHED. B.PLANT MATERIALS SHALL BE DELIVERED TO THE SITE ONLY AFTER THE BEDS ARE PREPARED AND AREAS ARE READY FOR PLANTING. ALL SHIPMENTS OF NURSERY MATERIALS SHALL BE THOROUGHLY PROTECTED FROM THE WINDS DURING TRANSIT. ALL PLANTS WHICH CANNOT BE PLANTED AT ONCE, AFTER DELIVERY TO THE SITE, SHALL BE WELL PROTECTED AGAINST THE POSSIBILITY OF DRYING BY WIND AND BALLS OF EARTH OF B & B PLANTS SHALL BE KEPT COVERED WITH SOIL OR OTHER ACCEPTABLE MATERIAL. ALL PLANTS REMAIN THE PROPERTY OF THE CONTRACTOR UNTIL FINAL ACCEPTANCE. C.POSITION THE TREES AND SHRUBS IN THEIR INTENDED LOCATION AS PER PLAN. D.NOTIFY THE OWNER'S AUTHORIZED REPRESENTATIVE FOR INSPECTION AND APPROVAL OF ALL POSITIONING OF PLANT MATERIALS. E.EXCAVATE PITS WITH VERTICAL SIDES AND HORIZONTAL BOTTOM. TREE PITS SHALL BE LARGE ENOUGH TO PERMIT HANDLING AND PLANTING WITHOUT INJURY TO BALLS OF EARTH OR ROOTS AND SHALL BE OF SUCH DEPTH THAT,WHEN PLANTED AND SETTLED, THE CROWN OF THE PLANT SHALL BEAR THE SAME RELATIONSHIP TO THE FINISH GRADE AS IT DID TO SOIL SURFACE IN ORIGINAL PLACE OF GROWTH. THE SIDES OF THE HOLE SHOULD BE ROUGH AND JAGGED, NEVER SLICK OR GLAZED. F.SHRUB AND TREE PITS SHALL BE NO LESS THAN TWENTY-FOUR (24") INCHES WIDER THAN THE LATERAL DIMENSION OF THE EARTH BALL AND SIX (6") INCHES DEEPER THAN IT'S VERTICAL DIMENSION. REMOVE AND HAUL FROM SITE ALL ROCKS AND STONES OVER THREE-QUARTER (3 4") INCH IN DIAMETER. PLANTS SHOULD BE THOROUGHLY MOIST BEFORE REMOVING CONTAINERS. G.PERCOLATION TEST: FILL THE HOLE WITH WATER. IF THE WATER LEVEL DOES NOT PERCOLATE WITHIN 24 HOURS, THE TREE NEEDS TO MOVE TO ANOTHER LOCATION OR HAVE DRAINAGE ADDED. INSTALL A PVC STAND PIPE PER TREE IF THE PERCOLATION TEST FAILS. H.BACKFILL ONLY WITH 5 PARTS EXISTING SOIL OR SANDY LOAM AND 1 PART BED PREPARATION. WHEN THE HOLE IS DUG IN SOLID ROCK, TOPSOIL FROM THE SAME AREA SHOULD NOT BE USED. CAREFULLY SETTLE BY WATERING TO PREVENT AIR POCKETS. REMOVE THE BURLAP FROM THE TOP 13 OF THE BALL, AS WELL AS ALL NYLON, PLASTIC STRING AND WIRE. CONTAINER TREES WILL USUALLY BE ROOT BOUND, IF SO FOLLOW STANDARD NURSERY PRACTICE OF ‘ROOT SCORING’. I.DO NOT WRAP TREES. J.DO NOT OVER PRUNE. K.REMOVE NURSERY TAGS AND STAKES FROM ALL PLANTS L.REMOVE BOTTOM OF PLANT BOXES PRIOR TO PLACING PLANTS. REMOVE SIDES AFTER PLACEMENT AND PARTIAL BACKFILLING. M.REMOVE UPPER THIRD OF BURLAP FROM BALLED AND BURLAPPED TREES AFTER PLACEMENT. N.PLACE PLANT UPRIGHT AND PLUMB IN CENTER OF HOLE. ORIENT PLANTS FOR BEST APPEARANCE. O.MULCH THE TOP OF THE BALL. DO NOT PLANT GRASS ALL THE WAY TO THE TRUNK OF THE TREE. LEAVE THE AREA ABOVE THE TOP OF THE BALL AND MULCH WITH AT LEAST TWO (2") INCHES OF SPECIFIED MULCH. P.ALL PLANT BEDS AND TREES TO BE MULCHED WITH A MINIMUM SETTLED THICKNESS OF TWO (2") INCHES OVER THE ENTIRE BED OR PIT. Q.OBSTRUCTION BELOW GROUND: IN THE EVENT THAT ROCK, OR UNDERGROUND CONSTRUCTION WORK OR OBSTRUCTIONS ARE ENCOUNTERED IN ANY PLANT PIT EXCAVATION WORK TO BE DONE UNDER THIS SECTION, ALTERNATE LOCATIONS MAY BE SELECTED BY THE OWNER. WHERE LOCATIONS CANNOT BE CHANGED, THE OBSTRUCTIONS SHALL BE REMOVED TO A DEPTH OF NOT LESS THAN THREE (3') FEET BELOW GRADE AND NO LESS THAN SIX (6") INCHES BELOW THE BOTTOM OF BALL WHEN PLANT IS PROPERLY SET AT THE REQUIRED GRADE. THE WORK OF THIS SECTION SHALL INCLUDE THE REMOVAL FROM THE SITE OF SUCH ROCK OR UNDERGROUND OBSTRUCTIONS ENCOUNTERED AT THE COST OF THE LANDSCAPE CONTRACTOR. R.TREES AND LARGE SHRUBS SHALL BE STAKED AS SITE CONDITIONS REQUIRE. POSITION STAKES TO SECURE TREES AGAINST SEASONAL PREVAILING WINDS. S.PRUNING AND MULCHING: PRUNING SHALL BE DIRECTED BY THE LANDSCAPE ARCHITECT AND SHALL BE PRUNED IN ACCORDANCE WITH STANDARD HORTICULTURAL PRACTICE FOLLOWING FINE PRUNING, CLASS I PRUNING STANDARDS PROVIDED BY THE NATIONAL ARBORIST ASSOCIATION. 1.DEAD WOOD, SUCKERS, BROKEN AND BADLY BRUISED BRANCHES SHALL BE REMOVED. GENERAL TIPPING OF THE BRANCHES IS NOT PERMITTED. DO NOT CUT TERMINAL BRANCHES. 2.PRUNING SHALL BE DONE WITH CLEAN, SHARP TOOLS. 3.IMMEDIATELY AFTER PLANTING OPERATIONS ARE COMPLETED, ALL TREE PITS SHALL BE COVERED WITH A LAYER OF ORGANIC MATERIAL TWO (2") INCHES IN DEPTH. THIS LIMIT OF THE ORGANIC MATERIAL FOR TREES SHALL BE THE DIAMETER OF THE PLANT PIT. Q.STEEL EDGE INSTALLATION: EDGE SHALL BE ALIGNED AS INDICATED ON PLANS. STAKE OUT LIMITS OF STEEL CURBING AND OBTAIN OWNERS APPROVAL PRIOR TO INSTALLATION. 1.ALL STEEL CURBING SHALL BE FREE OF KINKS AND ABRUPT BENDS. 2.TOP OF EDGING SHALL BE 12" MAXIMUM HEIGHT ABOVE FINAL FINISHED GRADE. 3.STAKES ARE TO BE INSTALLED ON THE PLANTING BED SIDE OF THE CURBING, AS OPPOSED TO THE GRASS SIDE. 4.DO NOT INSTALL STEEL EDGING ALONG SIDEWALKS OR CURBS. 5.CUT STEEL EDGING AT 45 DEGREE ANGLE WHERE EDGING MEETS SIDEWALKS OR CURBS. 3.3 CLEANUP AND ACCEPTANCE A.CLEANUP: DURING THE WORK, THE PREMISES SHALL BE KEPT NEAT AND ORDERLY AT ALL TIMES. STORAGE AREAS FOR ALL MATERIALS SHALL BE SO ORGANIZED SO THAT THEY, TOO, ARE NEAT AND ORDERLY. ALL TRASH AND DEBRIS SHALL BE REMOVED FROM THE SITE AS WORK PROGRESSES. KEEP PAVED AREAS CLEAN BY SWEEPING OR HOSING THEM AT END OF EACH WORK DAY. B.REPAIR RUTS, HOLES AND SCARES IN GROUND SURFACES. C.ENSURE THAT WORK IS COMPLETE AND PLANT MATERIALS ARE IN VIGOROUS AND HEALTHY GROWING CONDITION. D.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY. E.WHEN/IF THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS. F.THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE. END OF SECTION BLDG 1 NORTH ELEVATIONScale: 3/16" = 1'-0"BLDG 1 SOUTH ELEVATIONScale: 3/16" = 1'-0"BLDG 1 EAST ELEVATIONScale: 3/16 = 1'-0"BLDG 1 WEST ELEVATIONScale: 3/16 = 1'-0"DECORATIVE BRACKETScale: 1/4" = 1'-0" BLDG 2 NORTH ELEVATIONScale: 3/16" = 1'-0"BLDG 2 SOUTH ELEVATIONScale: 3/16" = 1'-0"BLDG 2 EAST ELEVATIONScale: 3/16 = 1'-0"BLDG 2 WEST ELEVATIONScale: 3/16 = 1'-0"DECORATIVE BRACKETScale: 3/16" = 1'-0" BLDG 3 EAST ELEVATIONScale: 3/16" = 1'-0"BLDG 3 NORTH ELEVATIONScale: 3/16" = 1'-0"BLDG 3 SOUTH ELEVATIONScale: 3/16" = 1'-0"BLDG 3 WEST ELEVATIONScale: 3/16" = 1'-0" BLDG 4 WEST ELEVATIONScale: 3/16" = 1'-0"BLDG 4 EAST ELEVATIONScale: 3/16" = 1'-0"BLDG 4 EAST ELEVATIONScale: 3/16 = 1'-0"BLDG 4 WEST ELEVATIONScale: 3/16 = 1'-0" BLDG 5 WEST ELEVATIONScale: 3/16" = 1'-0"BLDG 5 EAST ELEVATIONScale: 3/16" = 1'-0"BLDG 5 NORTH ELEVATIONScale: 3/16 = 1'-0"BLDG 5 SOUITH ELEVATIONScale: 3/16 = 1'-0" BLDG 6 WEST ELEVATIONScale: 3/16" = 1'-0"BLDG 6 EAST ELEVATIONScale: 3/16" = 1'-0"BLDG 6 NORTH ELEVATIONScale: 3/16 = 1'-0"BLDG 6 SOUITH ELEVATIONScale: 3/16 = 1'-0" BLDG 1 WEST ELEVATION (EAST O.H.)Scale: 1/4" = 1'-0"VIEW TO NORTHEASTVIEW TO N MAIN , BLDGS, 3-6VIEW TO BETHEL ROAD, BLDGS 1, 2 AND 3BIRDSEYE VIEW TO SOUTHWESTVIEW TO BETHEL ROAD, BLDGS 1, 2 AND 3BIRDSEYE VIEW TO NORTHWESTWEST BETHEL TOWARDS SOUTHMAIN STREET TOWARDS WESTEXISTING - VIEW NORTH ON MAINPROPOSED - VIEW NORTH ON MAINVIEW SOUTH BLDGS 2 & 3 BLDG 1 WEST ELEVATION (EAST O.H.)Scale: 1/4" = 1'-0"VIEW TO NORTHEASTVIEW TO N MAIN , BLDGS, 3-6VIEW TO BETHEL ROAD, BLDGS 1, 2 AND 3VIEW TO BETHEL ROAD, BLDGS 1, 2 AND 3WEST BETHEL TOWARDS SOUTHMAIN STREET TOWARDS WEST COMPOSITE PD SITE PLANScale: 1" = 60'OFFICERESIDEN'L4,014 SFRETAILOFFICE4,464 SFOFFICERESIDENTIAL4,364 SFOFFICERESIDENTIAL5,204 SFOFFICERESIDEN'L4,345 SFOFFICERESIDEN'L4,345 SF4,766 SF4,000 SFRETAIL4,562 SF4,376 SF4,376 SF09/01/2022MUTUALACCESSMUTUALACCESSOLD TOWN SHARED PARKING TABULATIONTYPEAREAFACTORREQUIREDPROVIDED ON SITEPROVIDED ON-STREET SHAREDPROVIDED TOTALRESIDENTIAL99 TOWNHOUSE PH 1 Thru IV + GEORGE96 UNITS2.524021222234 RETAIL R3 APARTMENT1 UNIT2.5344 RETAIL R4, APARTMENTS2 UNITS2.5588 COLLINS5 UNITS2101010RETAIL26101 RETAIL R1 (Tangerine Salon)50392002521315 RETAIL R32577200135813 RETAIL R43134200165914 SERVICE S12288200116713 COTTAGE 11 (former Frost Cupcakery)382620019235 COTTAGE 13 (Remainder Retail)9642005 COLLINS BLDG 345622002321223 COLLINS BLDG 417652009099 COLLINS BLDG 519462001001010OFFICE SERVICE31168 COTTAGE 0514303005202 COTTAGE 0618573006202 COTTAGE 0915653005347 COTTAGE 1016063005246 COTTAGE 1228483009257 COTTAGE 14 (Pence Office)14483005235 RETAIL R23000300109514 SERVICE S25531300187613 RETAIL R53974300134812 GEORGE OFFICE20423007257 COLLINS OFFICE BLDG 1, 2, 658673002002020RESTAURANT22786 LOCAL DINER357410036351146 GEORGE31861003201010 TWISTED ROOT/QUINCIES80261008001313 RESTAURANT F2800010080099PAVILLIONEXCLUDED FROM PARKING REQUIREMENTSMEDICAL 2144 COTTAGE 13 214417512369THEATERPARKING CALCULATED AS SIMULTANEOUS USE AS INDICATED BELOW HALL445 SETS1:3 SEAT1499053143 BLACK BOX175 SEATS1:3 SEAT59 MULTI-PURPOSE EVENT1966 SF10020SHARED ON STREET404404TOTAL ALL9604386491087TOTAL RESIDENTIAL ONLY25823422256TOTAL COMMERCIAL ONLY70220462783109/19/2022OFFICE/RESIDEN'LOFFICE/RESIDEN'LOFFICE/RESIDEN'LRETAIL/RESIDEN'LRETAIL/RESIDEN'LRETAIL2.51331396343865210902612342525912293THE ORIGINAL 40 PARKING SPACES ON BURNET STREET WERE NOT USED IN THE CALCULATIONSAS THESE MAY BE USED FOR OTHER BUSINESSES WITHIN THE H DISTRICT IN MEETING THEIRPARKING REQUIREMENTS.64481082823 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6683 File ID: Type: Status: 2022-6683 Agenda Item Public Hearing 1Version: Reference: In Control: City Council 12/06/2022File Created: Final Action: Removal ItemFile Name: Title: PUBLIC HEARING: Consideration by City Council on the removal of the buildings located at 509 W. Bethel Road, subject to Section 12-28A-10 and Section 12-28A-11 of the City of Coppell Code of Ordinances, on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road. Notes: Sponsors: Enactment Date: Memo.pdf, Site Plan.pdf, Aerial Exhibit.pdf, H District Update.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 2022-6683 Title PUBLIC HEARING: Consideration by City Council on the removal of the buildings located at 509 W. Bethel Road, subject to Section 12-28A-10 and Section 12-28A-11 of the City of Coppell Code of Ordinances, on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road. Summary Fiscal Impact: None Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6683) The Planning and Zoning Commission recommended APPROVAL of the PD request subject to development conditions which included a condition which stated that “The demolition or removal of the buildings shall require City Council Consideration.” Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 12/9/2022 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: December 13, 2022 Reference: Public Hearing: Consideration by City Council on the removal of the buildings located at 509 W. Bethel Road, subject to Section 12-28A-10 and Section 12-28A-11 of the Code of Ordinances, on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road. 2040: Create Business & Innovation Nodes Introduction: This agenda item is predicated on the result of the zone change request for PD-250R27-H, relating to the creation of 7 lots (three (3) mixed-use office/residential, two (2) mixed-use retail/residential, one (1) retail building and one (1) common parking lot), on 0.946 acres of land located on the southwest corner of Main Street and W. Bethel Road. If the zone change request for PD-250R27-H is approved by City Council, then a decision must be made by Council relating to the existing buildings located on-site. If the zone change request is denied, then this item is a moot point and needs no action. Background: The property under discussion for this zoning request is the 0.946-acre lot located at the end of southwest corner of W. Bethel Road and Main Street. Section 12-28A-10 of the Code of Ordinances addresses the demolition of buildings in the Historic District. Planning and Zoning Commission and City Council approval is required for moving buildings in or out of the Historic District. This can be found in Section 12-28A-11 of the Code of Ordinances. On November 17, 2022, the Planning and Zoning Commission recommended APPROVAL (5-1) of PD-250R27- H, subject to conditions, which included that the demolition or removal of the buildings shall require City Council consideration. City Council must determine whether the building can be demolished or moved within or outside of the district. Legal Review: City Attorney has reviewed this item. Fiscal Impact: None Recommendation: The Planning and Zoning Commission recommended APPROVAL of the PD request subject to development conditions which included a condition which stated that “The demolition or removal of the buildings shall require City Council Consideration.” Attachments: 1. Detail Site Plan 2. Aerial Exhibit 1 Site Data Parking SummarySITE PLAN Scale: 1"=20'Planned Development ConditionsN 89°09'33" E 187.33'S 00°36'35" E 220.53'S 89°18'49" W 186.95'N 00°42'31" W 220.03'(VARIABLE R.O.W.)W. BETHEL ROAD(VARIABLE WIDTH R.O.W.)MAIN STREETCOCCCOSDSDMHLPLPSDSDMHSDLPLPLPLPWWMWWMTEEEHHEEHHEEHHEEHHE1/2" REF. IRF "CBG"@S 00°36'35" E 0.34' 1/2" IRFCM"CBG"LOT 1R, BLOCK AOLD TOWN ADDITIONDOC. NO. 201200173120P.R.D.C.T.LOT 4R, BLOCK AOLD TOWN ADDITIONDOC. NO. 201200173120P.R.D.C.T.20' ACCESS AND UTILITY EASEMENT20' ACCESS AND UTILITY EASEMENT5' UTILITY EASEMENT5' UTILITY EASEMENT90.91'N 89D18'31"E 90.97'N89D18'31"E 91.03'N 89D18'49"E 70.79'N 00D43'51"W 84.96' S 00D41'11"E 84.80' 70.51' 84.64' N 00D40'41"W 135.38'SIDEWALK EASEMENT DETAILScale: 1/2"=1'-0"01 509 W Bethel Road H District Update December 2022 May 1996 –Comp Plan -68 acres68 acres (1996 Comp Plan) H District Update 1996 Bethel Rd S Coppell RdS Coppell RdBethel Rd July 1997 –HO District formed which allowed for asphalt and wood siding with an SUP 63 acres (1997 HO Zoning) H District Update 1997 Bethel Rd S Coppell RdS Coppell RdBethel Rd 9.4 acres Residential 16.9 acres Mixed Use w/ Office First Floor 13.5 acres Mixed Use w/ Retail/Service First Floor 9 acres Institutional Use 52.7 acres Parks/Open Space (includes creek) 101.4 acres TOTAL AREA 2002 Old Coppell Master Plan Optimal Ground Floor Land Use Plan H District Update 2002 Old Coppell Master Plan Bethel Rd S Coppell RdS Coppell Rd May 2002 -Old Coppell Master Plan May 13, 2003 -Council amended 1996 Comp Plan to reflect Old Coppell Master Plan. Jan. 2004 –Detail PD for 19 Townhomes on 2.9 acres on east side of S Coppell Rd. (north end of district) 110 acres (2003) H District Update 2002-2004 1 1 S Coppell RdS Coppell RdBethel Rd May 2005 -The HO District was changed to H District and Design Guidelines adopted Sept. 2005 -Historic District expanded to include 3.2 acres along the south side of Bethel Road to Freeport. Sept. 2005 –Detail PD for two medical office buildings on south side of W Bethel east of Heritage Park 113 acres (2005) H District Update 2005 2 2 3 3 S Coppell RdS Coppell RdBethel Rd Bethel Rd Jan. 2007 -Historic District zoning and Comp. Plan expanded to include Carter Crowley (AKA Main Street Coppell Dev.) July 2007 –Detail PD for Lost Creek 25 patio units south of Old Coppell THs. Oct. 2007 –Detail PD for a 13,600-sf Recreation/Community & Senior Center Sept. 2008 –Detail PD for relocation of Kirkland House and Minyard Store May 2009 –Historic Resource Survey presented to and accepted by Council Sept. 2009 –Demo of gas station and auto repair garage Aug. 2010 –Old Town (Main Street Coppell Dev.) Final Plat approved H District Update 2007-2010 135 acres (2007) 4 4 55 6 6 7 7 8 8 4S Coppell RdS Coppell RdBethel Rd Bethel Rd 135 acres March 2011 –2030 Comprehensive Master Plan Approved April 2011 –Carter Crowley (Main Street Coppell Dev.) Concept PD Dec. 2011 –Detail PD for Allstate conversion from residential at 709 S Coppell Rd. March 2012 –Detail PD for façade improvements of the former Senior Center buildings for office use April 2012 –Detail PD for Old Town Phase I (44 Patio Home Lots) on west side of S. Coppell Rd. May 2012 –Detail PD for Old Town Square, parking lot and Entry Feature H District Update 2011 9 9 10 10 11 11 12 12 13 13 S Coppell RdS Coppell RdBethel Rd Bethel Rd Aug. 2012 –Detail PDs for restaurant (now Tangerine Salon) & 3 Office Cottages Oct. 2012 –Detail PD for Local Diner Feb. 2013 –PD allowing admin. approval of Detail Plans June 2013 –Detail PD for Old Town Phase II (64 residential lots) on east side of S. Coppell Rd. June 2013 –Detail PD for Coppell Deli demo and new restaurant/conv. store H District Update 2012-2013 135 acres 14 14 15 15 16 16 17 17 Bethel Rd Bethel Rd S Coppell RdS Coppell Rd Aug. 2014 -Comp Plan amended & H District expanded to include 2.45 acres on west side of Hammond (18 Patio Home Lots, via a Detail PD March 2013 -2015 –8 administrative Detail PD approvals Dec. 2014 –Detail PD for 3 offices (Founders Crossing) on south side of Bethel east of Hard Eight April 2015 –Detail PD for Life Safety Park on east side of S Coppell Rd. at south end of district May 2015–Detail PD for Old Town Phase III (11 residential lots) on east side of Hammond H District Update 2014-2015 139 acres (2014) 18 18 19 19 20 20 21 21 22 22 S Coppell RdS Coppell RdBethel Rd Bethel Rd Oct. 2015 –Detail PD for mixed use Restaurant/Residential at NE corner of Main and Houston (George Coffeehouse/Residential) Nov. 2015 –Detail PD for Lost Creek -3 Live/Work Units at SE corner of Coppell and Heath Early 2016 –Detail PD allowing Ihnfeldt House to be added to Heritage Park June 2016 –Administrative Detail PD for A&E Resources Office Building at NW corner of Travis and W Main. 139 acres H District Update 2015-2016 23 23 24 24 25 25 26 26 S Coppell RdS Coppell RdBethel Rd Bethel Rd Jan. 2017 -Detail PD for Old Town Phase IV for 12 single-family lots on north side of Burns In Oct. 2017 -Detail PD for an office cottage and a residence at NW corner of Houston & S. Coppell Rd. Oct. 2017 -Detail PD for conversion of a residential structure to an office use for 705 S Coppell Rd. Aug. 2018 -Detail PD for 2 live/work buildings at the NE corner of McNear & S Coppell Rd. H District Update 2017-2018 139 acres 27 27 28 28 29 29 30 30S Coppell RdS Coppell RdBethel Rd Bethel Rd Sept. 2018 -Detail PD for a 32,370-sf Arts Center July 2020 -Detail PD for a 1,782-sf office expansion at 412 W Bethel Dec. 2020 -Detail PD for two residential lots located on the west side of S Coppell Road, 175 feet south of W Bethel 139 acres H District Update 2018-2020 31 31 32 32 33 33 S Coppell RdS Coppell RdBethel Rd July 2021 -Detail PD for a 7,631 sf, Two-story mixed-use building with retail/residential on W Main south of the Tangerine Salon. (Let It Shine) Oct. 2021 -Detail PD for 5 live/work units at the NE corner of S Coppell Rd. and Heath Ln. Sept. 2022 –Detail PD for a 10,215- sf two-story mixed-use building with retail /residential south of other mixed use approved in July 2021. (Speculative) 139 acres H District Update 2021-2022 34 34 35 35 36 36S Coppell RdS Coppell RdBethel Rd H District Update December 2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6681 File ID: Type: Status: 2022-6681 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 12/05/2022File Created: Final Action: Legislative AgendaFile Name: Title: Consider approval of the 2023 Legislative Agenda Priorities for the upcoming 88th Legislative Session. Notes: Sponsors: Enactment Date: 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 2022-6681 Title Consider approval of the 2023 Legislative Agenda Priorities for the upcoming 88th Legislative Session. Summary Fiscal Impact: N/A Staff Recommendation: The City Manager’s Office recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 12/9/2022 Master Continued (2022-6681) Page 2City of Coppell, Texas Printed on 12/9/2022 MEMORANDUM To: Mayor and City Council From: Christel Pettinos, Chief of Staff Date: December 13, 2022 Reference: Consider approval of the 2023 Legislative Agenda Priorities for the upcoming 88th Legislative Session. 2040: Sustainable Government Introduction: As discussed in the Work Session on November 8th, the City Council received the 2023 Legislative Priorities document for consideration. The proposed agenda attached reflects the items pressing to Coppell today, as well as items from the 2021 Priorities List. Staff is requesting approval of the 2023 Legislative Priorities List to prepare the City’s plan for advocacy. Should there be any concerns, Legislative Consultant, Jennifer Rodriguez, and Sales Tax Consultant, John Kroll will be available at the meeting. Legal Review: N/A Fiscal Impact: None at this time. Recommendation: The City Manager’s Office recommends approval. pg. 1 12/8/2022 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 12/8/2022 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 Maintenance – 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 Improvements – 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 12/8/2022 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 12/8/2022 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 12/8/2022 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 12/8/2022 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. pg. 7 12/8/2022 Power Grid Hardening – Coppell opposes any attempt by the State to require hardening of the 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: 2022-6666 File ID: Type: Status: 2022-6666 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: Mayor and Council 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 2022-6666 Title Report by Mayor and City Council on recent and upcoming events. Summary Page 1City of Coppell, Texas Printed on 12/9/2022 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6665 File ID: Type: Status: 2022-6665 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Council 12/05/2022File Created: Final Action: Committee Reports 12/13/22File Name: Title: A.North Central Texas Council of Governments (NCTCOG) - Councilmember Brianna Hinojosa-Smith B.North Texas Commission - Councilmember Brianna Hinojosa-Smith C.Historical Society - Councilmember Long 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 2022-6665 Title A.North Central Texas Council of Governments (NCTCOG) - Councilmember Brianna Hinojosa-Smith B.North Texas Commission - Councilmember Brianna Hinojosa-Smith C.Historical Society - Councilmember Long Summary Page 1City of Coppell, Texas Printed on 12/9/2022