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CP 2024-09-24City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers7:30 PMTuesday, September 24, 2024 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 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 7:30 p.m. for Regular Session, and Executive Session and Work Session will follow immediately thereafter. The meeting will 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: Regular Session 1.Call to Order 2.Invocation 7:30 p.m. Page 1 City of Coppell, Texas Printed on 9/20/2024 September 24, 2024City Council Meeting Agenda 3.Pledge of Allegiance Proclamations 4.Presentation of a Proclamation designating September 24, 2024, as “Chiaka Ogbogu Day”. Proclamation.pdfAttachments: 5.Citizens’ Appearance 6.Consent Agenda A.Consider approval of the Minutes: September 10, 2024. CM 2024-09-10.pdfAttachments: B.Consider approval of an Ordinance amending Ordinance No. 2023-1599, the budget for Fiscal Year October 1, 2023, through September 30, 2024; and authorizing the Mayor to sign. Memo.pdf Ordinance.pdf Attachments: D.Consider approval of the renewal of an Interlocal Agreement with Dallas County Health and Human Services for mosquito spraying; in an amount not to exceed $54,000.00, as budgeted; and authorizing the Mayor to sign. Memo.pdf Interlocal Agreement.pdf Attachments: C.Consider approval of the renewal of the Dallas County Health and Human Services Interlocal Government Agreement, effective October 1, 2024, through September 30, 2025; in the amount of $3,131.00; as budgeted in FY 24-25; and authorizing the Mayor to sign. Memo.pdf Interlocal Agreement.pdf Attachments: E.Consider approval of renewal of a Regulatory Services Agreement with Trinity River Authority, for services related to monitoring industrial uses of the City Sanitary Sewer System, in the amount of $9,500.00; and authorizing the Mayor to sign. Memo.pdf Agreement.pdf Attachments: F.Consider approval of an Ordinance of the City of Coppell, Texas, reappointing a Presiding Municipal Judge of the Coppell Municipal Court of Record No. 1 of the City of Coppell, Texas; and authorizing the City Manager to execute an engagement agreement. Page 2 City of Coppell, Texas Printed on 9/20/2024 September 24, 2024City Council Meeting Agenda Memo.pdf Ordinance.pdf Employment Agreement.pdf Attachments: G.Consider approval of an Ordinance of the City of Coppell, Texas, reappointing Alternate Municipal Judges of the Municipal Court of Record No. 1 of the City of Coppell; authorizing the City Manager to execute an engagement agreement. Memo.pdf Ordinance.pdf Employment Agreement - Lafferty.pdf Employment Agreement - Feil.pdf Employment Agreement - Graham.pdf Attachments: H.Consider approval of the Work Plan for Fiscal Year 2025. Memo.pdf FY25WorkPlan-Final.pdf Attachments: I.Consider approval of an Interlocal Agreement with Dallas College, to facilitate “Growing in Cultural Agility” Learning Sessions for all City employees, in the amount of $48,000, as budgeted in the General Fund Employee Experience Department; and authorizing the Mayor to sign. Memo.pdf Interlocal Agreement.pdf Attachments: J.Consider approval of renewing with United Medical Resources (UMR), for third party administrative services to administer the City’s medical and prescription drug plans, in the amount of $190,339.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Renewal Agreement.pdf Attachments: K.Consider approval of renewing with Tokio Marine HCC, for Organ and Tissue Transplant coverage for eligible City of Coppell employees and retirees, in the amount of $74,081.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Renewal Agreement.pdf Attachments: L.Consider approval of the renewal contract with Mutual of Omaha, for Life, Accidental Death and Dismemberment (AD&D), Short Term Disability and Long-Term Disability (LTD) insurance, in the amount of $264,821 as budgeted in FY 2024-2025 General Fund budget; and authorizing the City Page 3 City of Coppell, Texas Printed on 9/20/2024 September 24, 2024City Council Meeting Agenda Manager to sign. Memo.pdf Renewal Agreement.pdf Attachments: M.Consider approval of renewing with Liberty Mutual Insurance Company through SA Benefit Services for medical stop loss insurance, in the amount of $462,479.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Memo.pdf Excess Loss Insurance Policy.pdf Attachments: End of Consent Agenda 7.Consider voting for a candidate to Places 11 - 14 to the Board of Trustees to the Texas Municipal League Intergovernmental Risk Pool (TMLIRP); and authorizing the Mayor to sign and complete the ballot. Memo.pdf Ballot.pdf Attachments: 8.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 9.Mayor and Council Reports on Recent and Upcoming Events. 10.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 11.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. A.Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. B.Seek legal advice from City Attorney regarding administrative matters at city facilities. 12.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion of Code of Ordinances Sec. 1-10-6.2.1 - Order of business, Citizens Appearance. B.Discussion regarding ordinance updates: Chapter 12, Section 31-3 (Off-street loading space, all districts); Chapter 12, Section 31-6 (Parking requirements based on use); Chapter 12, Section 12-31-7 (Rules for computing number of parking spaces); Chapter 12, Section 12-29-6 (Nonconforming Signs). Citizens Appearance Memo.pdfAttachments: Page 4 City of Coppell, Texas Printed on 9/20/2024 September 24, 2024City Council Meeting Agenda Ordinances Memo.pdf Redlined ORD Sec. 12-31-3. Off-street loading space, all districts.pdf Redlined ORD Sec. 12-31-6. Parking requirements based on use.pdf Redlined ORD Sec. 12-29-6. Nonconforming signs.pdf Regular Session 13.Necessary Action from Executive Session 14.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 20th day of September, 2024, at _____________. ______________________________ Ashley Owens, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE 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). This publication can be made available in alternative formats, such as Braille or large print, by contacting Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 5 City of Coppell, Texas Printed on 9/20/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7659 File ID: Type: Status: 2024-7659 Agenda Item Proclamations 1Version: Reference: In Control: City Council 09/12/2024File Created: Final Action: ProclamationFile Name: Title: Presentation of a Proclamation designating September 24, 2024, as “Chiaka Ogbogu Day”. Notes: Sponsors: Enactment Date: Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7659 Title Presentation of a Proclamation designating September 24, 2024, as “Chiaka Ogbogu Day”. Summary Page 1City of Coppell, Texas Printed on 9/20/2024 PROCLAMATION WHEREAS, Chiaka Ogbogu has demonstrated extraordinary talent, dedication, and perseverance in the sport of women’s volleyball, earning the title of Olympic Champion not once, but twice, through unparalleled skill and unwavering commitment to excellence; and WHEREAS, Chiaka has been a member of the history-making US Women’s National Volleyball Team since 2018; and WHEREAS, in 2021, the US Women’s National Volleyball Team won their first Olympic gold medal in Tokyo; and WHEREAS, in 2024, she was named Best Middle Blocker at the 2024 Paris Olympics where her team went on to win the silver medal; and WHEREAS, Chiaka has exemplified the spirit of sportsmanship, inspiring athletes, and fans alike with her and her team’s remarkable achievements on the world stage; and WHEREAS, the remarkable victories of the US Women’s National Volleyball Team have brought immense pride and honor to Chiaka’s hometown of Coppell, and the nation; and WHEREAS, Chiaka has not only excelled in her athletic career but has also made significant contributions to the development and promotion of volleyball and has also modeled for Ralph Lauren and Milani Cosmetics; and NOW, THEREFORE, I, Wes Mays, Mayor of the City of Coppell, do hereby proclaim Tuesday, September 24, 2024, “CHIAKA OGBOGU DAY” in recognition of her outstanding achievements and contributions. Let it be known that we honor and celebrate Chiaka for her extraordinary accomplishments as a two-time Olympic champion and express our deepest appreciation for the pride she has brought to Coppell and our country. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 24th day of September 2024. Wes Mays, Mayor ATTEST: Ashley Owens, City Secretary Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7668 File ID: Type: Status: 2024-7668 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/16/2024File Created: Final Action: Minutes 9/10/24File Name: Title: Consider approval of the Minutes: September 10, 2024. Notes: Sponsors: Enactment Date: CM 2024-09-10.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7668 Title Consider approval of the Minutes: September 10, 2024. Summary Page 1City of Coppell, Texas Printed on 9/20/2024 255 E. Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 6:00 PM Council ChambersTuesday, September 10, 2024 WES MAYS KEVIN NEVELS Mayor Mayor Pro Tem JIM WALKER RAMESH PREMKUMAR Place 1 Place 5 BRIANNA HINOJOSA-SMITH BIJU MATHEW Place 2 Place 6 DON CARROLL MARK HILL Place 3 Place 7 MIKE LAND City Manager Wes Mays;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;Ramesh Premkumar;Biju Mathew and Mark Hill Present 7 - Jim WalkerVirtual1 - Also present were Deputy City Managers Traci Leach and Kent Collins, City Attorney Bob Hager, and City Secretary Ashley Owens. The City Council of the City of Coppell met in Regular Session on Tuesday, September 10, 2024, at 6:00 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 Executive Session at 6:00 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.071, Texas Government Code - Consultation with City Attorney. Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Discussed under Executive Session Page 1City of Coppell, Texas September 10, 2024City Council Minutes Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Wes Mays adjourned the Executive Session at 6:21 p.m. and convened into the Work Session at 6:23 p.m. A.Discussion regarding agenda items. B.Discussion regarding a new community health and wellness initiative. C.Presentation of FY 25 Work Plan. Presented in Work Session Regular Session Mayor Wes Mays adjourned the Work Session at 6:52 p.m. and convened into the Regular Session at 7:31 p.m. Invocation 7:30 p.m.4. Jataveda Dasgupta with the Allies Interfaith Group gave the Invocation. Pledge of Allegiance5. Mayor Wes Mays led the audience in the Pledge of Allegiance. Proclamations 6.Presentation of a Proclamation proclaiming the month of September as “Senior Center Month.” Mayor Wes Mays read the Proclamation into the record and presented the same to Senior Center Manager Dylon Hernandez. 7.Presentation of a Proclamation naming "National Night Out" on Tuesday, October 1, 2024; providing for City Council support and endorsement of National Night Out festivities. Mayor Wes Mays read the Proclamation into the record and presented the same to Community Information Officer Kelly Luther. Citizens’ Appearance8. Mayor Wes Mays asked for those who signed up to speak: 1) Thomas Burrows, 138 Wynnpage, spoke in regards to code compliance. Consent Agenda9. A.Consider approval of the Minutes: August 27, 2024. A motion was made by Councilmember Don Carroll, seconded by Page 2City of Coppell, Texas September 10, 2024City Council Minutes Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. B.Consider approval for award of a design contract with Walter P. Moore; for the design of bank stabilization repairs along Denton Creek in Andy Brown West; in the amount of $269,500.00; utilizing the Drainage Utility District (DUD) Fund; and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. C.Consider approval to enter into a professional services contract with Kimley Horn Associates; for the development of a water system condition assessment plan; in the amount of $198,800.00; as budgeted in the Water/Sewer fund; and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. D.Consider approval of the Fifth Amended and Restated Interlocal Cooperation Agreement by and between the City of Coppell and Denton County Transportation Authority to provide transportation services for Coppell businesses; and authorizing the Mayor to sign. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. E.Consider approval of an Interlocal Agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for older persons, persons with disabilities, and veterans; authorizing the Mayor to sign and the City Manager to execute any necessary documents. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. F.Consider approval of a purchase for the replacement of baseball spectator shade structures at the Wagon Wheel Park Baseball Complex, from Shade Structures, Inc. DBA USA Shade, in the amount of $166,180.63 as provided for the Coppell Recreation Development Corporation (CRDC) fund, with contract pricing through BuyBoard, Contract No. 679-22; and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. Page 3City of Coppell, Texas September 10, 2024City Council Minutes G.Consider award of Bid No. Q-0824-03 to Custard Construction Services for exterior painting at City recreational facilities, in the amount of $109,223.53 as budgeted in the Coppell Recreation Development Corporation (CRDC) fund; and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. H.Consider accepting the resignation of Will Watkins from the Smart City Board. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. I.Consider accepting the resignation of Taryn Natzic from the Future Oriented Approach to Residential Development (FOARD) Task Force. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. J.Consider approval of a Resolution of the City Council of the City of Coppell, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2024 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement; approving an attachment establishing a benchmark for pensions and retiree medical benefits; finding the rates to be set by the tariffs to be just and reasonable and in the public interest; requiring the Company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; and authorizing the Mayor to sign. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, that Consent Agenda Items A through J be approved. The motion passed by an unanimous vote. Enactment No: RE 2024-0910.1 End of Consent Agenda 10.Consider approval of awarding bid #Q-0824-01; Emergency Water System Interconnects; to Tellus Consulting, LLC; in the amount of $1,284,692.03; funded from bond funds; and authorizing the City Manager to sign all necessary documents. Director of Public Works Mike Garza gave a presentation to City Council. Page 4City of Coppell, Texas September 10, 2024City Council Minutes A motion was made by Councilmember Mark Hill, seconded by Mayor Pro Tem Kevin Nevels, to approve the agenda item. The motion passed by an unanimous vote. 11.Consider approval of a Guaranteed Max Price Agreement between the City of Coppell (Owner) and Byrne Construction Services (Construction Manager) for the construction of City of Coppell Service Center Improvements Project; in the amount of $10,208,609.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Director of Public Works Mike Garza gave a presentation to City Council for Items 11, 12, and 13. A motion was made by Councilmember Don Carroll, seconded by Councilmember Mark Hill, to approve Agenda Items 11, 12 and 13. The motion passed by an unanimous vote. 12.Consider approval of award into contract with Kleinfelder; for the materials testing services associated with the construction of the Service Center Improvements Project; in the amount of $60,475.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Approved 13.Consider approval of an Amendment to the Master Agreement with Gallagher Construction Services; for the construction management of the Service Center Improvements Project; in the amount of $409,412.00; funded with proceeds from the Certificate of Obligation Bonds, Series 2024; and authorizing the City Manager to sign all necessary documents. Approved City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 14. City Manager Mike Land gave the following updates regarding ongoing projects: The kiosk was brought back online on Monday, 9/9, at 8 am. An update regarding the availability of the kiosk was posted to the City’s various social media channels. Since the kiosk is available, the library drop should no longer be used to drop off water bill payments. S Belt Line –The digital sign is expected to be up and operational in October. Woodhurst – The contractor is working on alley paving on Woodhurst, west of the park. Once completed they will open the southern lane and begin concrete Page 5City of Coppell, Texas September 10, 2024City Council Minutes removal on the northern lane. DART – They completed the concrete pour on S Coppell Northbound lane, sealing today, striping, and opening up tomorrow. Once open they will close the Southbound lane to perform the concrete street replacement at the RR Crossing. Southbound work expected to be complete on 9/26. FS #5 – The utility work is nearing completion with some sanitary sewer installations on going. They are working on the concrete driveway entrance off of Moore road. Magnolia Park Trail – Pre-construction meeting was today and they anticipate beginning staging and dewatering in the next week.the contractor is anticipating to start prep work this week. Staff has been in communication with the neighborhood. Southwestern Waterline repair- The repair to the 24” water line is complete and the lane is back open. Mayor and Council Reports on Recent and Upcoming Events.15. The City is currently seeking passionate individuals to be a part of ten boards and commissions that help guide development, future needs, regulations, and more for Coppell! Applications are now open on the City website. Applications will be accepted through Friday, September 20, 2024, and must be completed during this time period to be considered. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16. Mayor Pro Tem Kevin Nevels announced that Coppell ISD will hold an election regarding the tax rate; information about the election can be found on the district’s website. He also clarified that the School District and the City are two separate entities. Mayor Pro Tem Nevels encouraged voters to attend informational sessions being offered by the District. Necessary Action from Executive Session17. There was no action resulting from Executive Session. Adjournment18. There being no further business before this Council, the meeting adjourned at 8:18 p.m. ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 6City of Coppell, Texas September 10, 2024City Council Minutes Page 7City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7675 File ID: Type: Status: 2024-7675 Agenda Item Consent Agenda 1Version: Reference: In Control: Finance 09/16/2024File Created: Final Action: Budget Amendment Enc Carryovers & Council ActionFile Name: Title: Consider approval of an Ordinance amending Ordinance No. 2023-1599, the budget for Fiscal Year October 1, 2023, through September 30, 2024; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Ordinance.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7675 Title Consider approval of an Ordinance amending Ordinance No. 2023-1599, the budget for Fiscal Year October 1, 2023, through September 30, 2024; and authorizing the Mayor to sign. Summary Fiscal Impact: See Ordinance for fiscal impact for each fund. Staff Recommendation: The Strategic Financial Engagement Department recommends approval of this agenda item. Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7675) 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 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Kim Tiehen, Director of Strategic Financial Engagement Date: September 24, 2024 Reference: Consider approval of an Ordinance amending Ordinance No. 2023-1599, the budget for Fiscal Year October 1, 2023, through September 30, 2024; and authorizing the Mayor to sign. 2040: Foundation: Sustainable Government Introduction: This budget amendment is being brought forward to reflect changes in expenditures that have been brought before City Council during the fiscal year and changes in revenues to reflect actual outcomes. Analysis: General Fund General Fund Revenues are being increased $5,374,625 to reflect actual revenue from various Community Experiences programs, building permits, court fines, and interest earnings. General Fund expenditures are being amended $1,000,000 to reflect the transfer to the Infrastructure Maintenance Fund for the citywide striping contract with Road Master approved by Council on May 14, 2024. CRDC Debt Service Fund Revenues are being increased to reflect actual interest earnings. FEMA Fund Revenues are being increased to reflect actual interest earnings. Grant Fund #2 Expenditures are being amended for costs associated with the Coppell Fire Department’s Texas Intrastate Fire Mutual Aid System (TIFMAS) Deployment. A request for reimbursement is submitted to the Texas A&M Forest Service. Revenues are being amended for the reimbursement amount received during fiscal year 2024. ARPA Grant Fund Revenues are being amended to recognize actual interest earnings and recognition of grant revenue earned. Expenditures are being amended for ARPA projects approved by Council such as the storm debris cleanup, residential rehab grants, carpet at various buildings, ROW inspector line locator, message boards, mobile command vehicle, thermal imaging cameras, fire extinguisher training system, shade canopy at Wagon Wheel Field 6, various pieces of equipment for Parks Operations and Public Works, Magnolia Trail Project, and Wagon Wheel Tennis and Pickleball Center feasibility study. 2 Hotel Occupancy Tax Fund Revenues are being increased to reflect actual hotel occupancy tax and interest earnings received. Municipal Drainage District Fund Revenues are being increased to reflect actual stormwater fees and interest earnings received. Expenditures are being amended to reflect the cost of design services for the drainage study for Northlake Woodlands subdivision approved by Council on May 14, 2024. Rolling Oaks Memorial Cemetery Revenues are being amended to reflect actual revenues. Donations Special Revenue Fund Revenues are being increased to reflect actual donations to the Police and Parks departments. Expenditures are being amended for the purchase of items in accordance with the restricted use as specified by the donor. For example, the purchase of memorial benches, a pickleball machine for Wagon Wheel Tennis & Pickleball Center, and exploration of a green room and break room at the Arts Center. Public Education Fund Expenditures are being increased to reflect the purchase of recycle coach software which is an expenditure consistent with the restricted use of funds received by this special revenue fund. CRDC - Special Revenue Revenues are being increased to reflect actual interest earnings. Tree Preservation Fund Revenues are being increased to reflect actual tree preservation fees and interest earnings received. Police Special Revenue Fund Revenues are being amended to reflect actual interest earnings, donations, and forfeitures received. Crime Prevention Fund Revenues are being increased to reflect actual interest earnings. Municipal Court Special Revenue Fund Revenues are being increased to reflect actual interest earnings and court fines received. Expenditures are being increased to reflect the AV system project approved on June 11, 2024, and a redesign of the judge’s bench. Both are expenditures consistent with the restricted use of funds received by this special revenue fund. Child Safety Fund Revenues are being increased to reflect actual interest earnings and child safety fees received. Red Light Fund Revenues are being increased to reflect actual interest earnings PEG Fund Revenues are being increased to reflect actual interest earnings and franchise fees received. E-911 Fund Revenues are being increased to reflect actual interest earnings and a E-911 grant received on behalf of NTECC. Expenditures are being amended to reflect the disbursement of the grant to NTECC. 3 Infrastructure Maintenance Fund Revenues are being increased to reflect actual interest earnings and a transfer from the General Fund to this fund to pay for the citywide striping contract with Road Master approved by Council on May 14, 2024, and the cost of the remodel of 500 Southwestern approved by Council on December 12, 2023. Expenditures are being amended to reflect the cost of both the citywide striping project and the remodel of 500 Southwestern. Water and Sewer Fund Revenues are being amended to reflect actual interest earnings, water sales, and sewer sales. Water and Sewer Infrastructure Fund Revenues are being increased to reflect actual interest earnings and to recognize the payment from Trinity River Authority (TRA) for the prior year true-up. Each year, TRA compares budget to actual and either requests a payment or reimburses participating entities based on that analysis. Self-Funded Health Fund Revenues are being increased to reflect actual interest earnings. Expenditures are being increased to cover actual medical claims of participants, the contribution to the Other Post-employment Benefit Trust Fund, and the cost of a benefits consultant approved by Council on April 9, 2024. Capital Replacement Fund Revenues are being increased to reflect actual interest earnings and the receipt of auction proceeds from the sale of various city vehicles. Expenditures are being increased for the purchase of vehicles approved by Council on May 28, 2024. Enterprise Solutions Replacement Fund Revenues are being increased to reflect actual interest earnings. Benefit to the Community: Updating the budget to match actual outcomes and items approved by Council throughout the year provides financial transparency to the community. Legal Review: The agenda item was reviewed by the City Attorney. Fiscal Impact: See Ordinance for fiscal impact for each fund. Recommendation: The Strategic Financial Engagement Department recommends approval of this agenda item. 1 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2023, THROUGH SEPTEMBER 30, 2024; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 4th day of August 2023, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 22nd day of August 2023, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2023-1599, for the 2023-24 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Revenues $79,544,928 $84,919,553 $5,374,625 Expenditures Combined Services 10,197,764 10,197,764 -0- Mayor and Council 604,100 604,100 -0- City Management 1,502,412 1,502,412 -0- City Secretary 457,842 457,842 -0- Legal 1.019,824 1.019,824 -0- CIO 846,486 846,486 -0- Public Works 2,043,391 2,043,391 -0- Fleet 1,631,643 1,631,643 -0- Facilities 4,153,040 4,153,040 -0- Streets 2,850,023 2,850,023 -0- Traffic Control 2,455,254 3,455,254 1,000,000 Fire 16,829,377 16,829,377 -0- Emergency Management 519,211 519,211 -0- Life Safety Park 763,329 763,329 -0- SFE 2,066,697 2,066,697 -0- Procurement 186,568 186,568 -0- Employee Experience 1,533,882 1,533,882 -0- Municipal Court 1,542,790 1,542,790 -0- Library 2,358,838 2,358,838 -0- Police 8,696,916 8,696,916 -0- Animal Services 502,134 502,134 -0- Enterprise Solutions 5,221,304 5,221,304 -0- Community Experiences 1,253,598 1,253,598 -0- Parks 3,958,785 3,958,785 -0- CORE 2,321,895 2,321,895 -0- Camps & Athletics 284,244 284,244 -0- 2 Community Programs 1,023,078 1,023,078 -0- Senior Center 574,058 574,058 -0- Tennis Center 468,441 468,441 -0- Bio-Diversity 243,973 243,973 -0- Community Development 2,343,309 2,343,309 -0- Inspections 563,482 563,482 -0- Environmental Health 563,930 563,930 -0- Planning 182,087 182,087 -0- Development Services 192,205 192,205 -0- Total Increase in Expenditures $1,000,000 Decrease in Designated Fund Balance (1,000,000) Net Expenditure Increase -0- Net Increase in Undesignated Fund Balance $5,374,625 CRDC Debt Service Fund Current Budget Amending Budget Change Revenues $3,340,144 $3,410,144 $70,000 Expenditures 3,340,144 3,340,144 -0- Net Increase in Projected Fund Balance $70,000 FEMA Fund Current Budget Amending Budget Change Revenues $ -0 - $ 13,718 $13,718 Expenditures 1,674 1,674 -0- Net Increase in Projected Fund Balance $13,718 Grant Fund #2 Current Budget Amending Budget Change Revenues $ -0 - $150,055 $150,055 Expenditures 9,957 26,461 16,504 Net Increase in Projected Fund Balance $133,551 ARPA Grant Fund Current Budget Amending Budget Change Revenues $ -0- $3,403,205 $3,403,205 Expenditures 2,214,311 3,246,487 1,032,176 Net Increase in Projected Fund Balance $2,371,029 Hotel Occupancy Tax Fund Current Budget Amending Budget Change Revenues $485,935 $845,538 $359,603 Expenditures 827,241 827,241 -0- Net Increase in Projected Fund Balance $359,603 Municipal Drainage District Current Budget Amending Budget Change Revenues $2,252,912 $2,755,912 $503,000 Expenditures 2,067,807 2,225,082 157,275 Net Increase in Projected Fund Balance $345,725 Rolling Oaks Current Budget Amending Budget Change Revenues $2,110,135 $1,810,135 ($300,000) Expenditures 2,465,433 2,465,433 -0- Net Decrease in Projected Fund Balance ($300,000) 3 Donations Current Budget Amending Budget Change Revenues $16,750 $ 46,132 $29,382 Expenditures 53,616 102,961 49,345 Net Decrease in Projected Fund Balance $19,963 Public Education Fund Current Budget Amending Budget Change Revenues $15,000 $15,000 $ -0- Expenditures -0- 38,397 38,397 Net Decrease in Projected Fund Balance $38,397 CRDC Special Rev Current Budget Amending Budget Change Revenues $9,985,697 $11,009,724 $1,024,027 Expenditures 5,305,807 5,305,807 -0- Net Increase in Projected Fund Balance $1,024,027 Tree Preservation Fund Current Budget Amending Budget Change Revenues $-0- $177,976 $177,976 Expenditures 164,900 164,900 -0- Net Increase in Projected Fund Balance $177,976 Police Special Revenue Fund Current Budget Amending Budget Change Revenue $11,700 $172,952 $161,252 Expenditures 79,494 79,494 -0- Net Increase in Projected Fund Balance $161,252 Crime Control Prevention Current Budget Amending Budget Change Revenue $7,022,858 $7,441,814 $418,956 Expenditures 5,280,865 5,280,865 -0- Net Increase in Projected Fund Balance $418,956 Municipal Court Current Budget Amending Budget Change Revenues $20,500 $ 42,400 $ 21,900 Expenditures 8,400 116,015 107,615 Net Decrease in Projected Fund Balance $ 85,715 Child Safety Current Budget Amending Budget Change Revenues $23,750 $53,450 $29,700 Expenditures 2,500 2,500 -0- Net Increase in Projected Fund Balance $29,700 Red Light Current Budget Amending Budget Change Revenues $ -0- $ 9,150 $9,150 Expenditures 152,066 152,066 -0- Net Increase in Projected Fund Balance $9,150 4 PEG Fund Current Budget Amending Budget Change Revenues $65,325 $83,325 $18,000 Expenditures 93,720 93,720 -0- Net Increase in Projected Fund Balance $18,000 E911 Current Budget Amending Budget Change Revenues $351,750 $577,564 $225,814 Expenditures 162,526 384,812 222,286 Net Increase in Projected Fund Balance $ 3,528 Infrastructure Maintenance Fund Current Budget Amending Budget Change Revenues $9,378,021 $11,654,553 $2,276,532 Expenditures 8,649,407 9,876,520 1,227,113 Net Increase in Projected Fund Balance $1,049,419 Water Sewer Fund Current Budget Amending Budget Change Revenues $18,993,094 $23,213,868 $4,220,774 Expenses Cost of Water 7,738,659 7,738,659 -0- Cost of Sewer 4,749,038 4,749,038 -0- Debt Service 2,063,981 2,063,981 -0- Combined 2,613,647 2,613,647 -0- Utility Operations 3,433,668 3,433,668 -0- Utility Billing 660,709 660,709 -0- Net Increase in Projected Retained Earnings $4,220,774 W/S Infrastructure Current Budget Amending Budget Change Revenues $5,000 $373,261 $368,261 Expenditures 27,267 27,267 -0- Net Increase in Projected Retained Earnings $368,261 Self-Funded Health Current Budget Amending Budget Change Revenues $5,223,400 $ 5,523,925 $300,525 Expenditures 6,073,227 6,841,489 768,262 Net Decrease in Projected Fund Balance $467,737 Capital Replacement Current Budget Amending Budget Change Revenues $6,276,648 $ 6,990,951 $714,303 Expenditures 9,908,054 10,055,054 147,000 Net Increase in Projected Fund Balance $567,303 ES Replacement Current Budget Amending Budget Change Revenues $1,095,136 $1,201,000 $105,864 Expenditures 369,268 369,268 -0- Net Increase in Projected Fund Balance $105,864 5 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 24th day of September 2024. APPROVED: ______________________________ WES MAYS, MAYOR ATTEST: ____________________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7681 File ID: Type: Status: 2024-7681 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/17/2024File Created: Final Action: FY 25 Mosquito ILA RenewalFile Name: Title: Consider approval of the renewal of an Interlocal Agreement with Dallas County Health and Human Services for mosquito spraying; in an amount not to exceed $54,000.00, as budgeted; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Interlocal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7681 Title Consider approval of the renewal of an Interlocal Agreement with Dallas County Health and Human Services for mosquito spraying; in an amount not to exceed $54,000.00, as budgeted; and authorizing the Mayor to sign. Summary Fiscal Impact: The fiscal impact of this agenda item should not exceed $54,000.00, as budgeted. Staff Recommendation: The Community Development Department recommends approval of this item. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 24, 2024 Reference: Consider approval of the renewal of an Interlocal Agreement with Dallas County Health and Human Services for mosquito spraying; in an amount not to exceed $54,000.00, as budgeted; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: The item is presented to consider approval of the renewal of an Interlocal Agreement for mosquito spraying between the City of Coppell and Dallas County Health and Human Services, effective October 1, 2024, through September 30, 2025. Background: The goal of this agreement is to utilize effective and environmentally sensitive methods to reduce the risk of vector-borne diseases such as West Nile Virus (WNV). The City is divided into six different mosquito management areas. City staff traps mosquitoes in each of these areas on Thursday, collects mosquito samples on Friday, and samples are sent to Dallas County Public Health laboratory for testing. The City receives sample results at noon on Monday. If a notification confirming the presence of WNV is received, Dallas County sprays Monday and Tuesday night to minimize the risk to residents and animals. Spraying as soon as possible helps eliminate the possibility of infected mosquitoes transmitting the virus to humans. In addition to trapping and spraying, City staff works to minimize breeding habitats by using a variety of biological and chemical products that control mosquito larvae or adults. Only products approved by the U. S. Environmental Protection Agency (EPA) are used. Most products are 2 applied at extremely low volumes, typically a few ounces or less per acre. The annual cost of this agreement is estimated at $54,000 based on previous experience. Benefits to the Community: This program protects public health by controlling mosquitoes and other vectors that spread disease. If areas that have tested positive are not treated as quickly as possible, disease can continue to spread, so response time with chemical treatment is an important factor in slowing down disease transmission. Legal Review: This item was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item is not to exceed $54,000.00, as budgeted. Recommendation: The Community Development Department recommends approval of this item. DALLAS COUNTY 8.29.24 FINAL DRAFT MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & CITY OF COPPELL, TEXAS 2024—2025 Page 1 of 6 STATE OF TEXAS § MOSQUITO GROUND CONTROL AGREEMENT § BETWEEN DALLAS COUNTY, TEXAS ON BEHALF § OF DALLAS COUNTY HEALTH AND HUMAN § SERVICES DEPARTMENT, AND THE CITY OF COUNTY OF DALLAS § COPPELL, TEXAS, A MUNICIPALITY 1. PARTIES This Interlocal Agreement (“Agreement”) is an Interlocal contract made by and between the City of Coppell, Texas, a “Municipality” as defined by Section 1.005(3) of the Texas Local Government Code (“Municipality”), and Dallas County, Texas (“County”), on behalf of the Dallas County Health and Human Services Department (“DCHHS”), based on the authority of the Interlocal Cooperation Act in Chapter 791 of the Texas Government Code, and the Local Public Health Reorganization Act in Chapter 121 of the Texas Health and Safety Code, to protect the public health by controlling the population of mosquitoes by ground spraying of adult mosquitoes (“adulticiding”) and by treating standing water to destroy mosquito larvae (“larvaciding”) in order to prevent and control the outbreak of diseases associated with mosquitoes. 2. DURATION OF THIS AGREEMENT This Agreement is effective from October 1, 2024, through September 30, 2025, unless otherwise stated in this Agreement (the “Term”). 3. ADULTICIDING AND LARVACIDING SPRAYING SERVICES A. Upon written request from Municipality, County will provide adulticiding and larvaciding by way of ground application at the rate set forth in Paragraph 4. B. In the event that aerial spraying is needed to control the St. Louis Encephalitis or the West Nile virus throughout the County, Municipality will have the option to participate in the County’s separate emergency aerial mosquito spraying plan. If Municipality agrees to participate in the County’s separate emergency aerial mosquito spraying plan, Municipality must provide written notice to County and agree in writing to the following: 1) Indicate in writing the areas and amount of acres to be sprayed; and 2) Pay Municipality’s proportioned share of the cost based upon the number of acres to be sprayed multiplied by the per-acre spraying cost, as determined by County. 4. BUDGET AND PAYMENT BY MUNICIPALITY TO COUNTY A. Municipality will pay County at a rate of One Hundred Eighty-Five ($185.00) Dollars per hour, with a minimum of one (1) hour of service assessed. B. After the initial one (1) hour minimum service time for a given day of spraying, spraying services will be assessed using thirty (30) minute minimum intervals. C. Only spraying time will be assessed. Travel time to or from the site of ground spraying or treating standing water will not be assessed. D. Municipality must pay County the assessed fees within thirty (30) days of receipt by Municipality of the monthly written request for payment, or if County fails to make any DALLAS COUNTY 8.29.24 FINAL DRAFT MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & CITY OF COPPELL, TEXAS 2024—2025 Page 2 of 6 written payment request(s), then Municipality will pay any remaining assessed fees no later than the last day of the Term of this Agreement. E. Any payment not made within thirty (30) days of its due date will bear interest in accordance with Chapter 2251 of the Texas Government Code. Municipality’s obligation to pay fees assessed and interest accrued under this Agreement will survive the Term of this Agreement until the Municipality pays the assessed fees and accrued interest. 5. AUDITING AND WITHHOLDING OF PAYMENTS The Dallas County Auditor has the exclusive right and authority to audit this Agreement or to demand access to or copies of County’s records concerning this Agreement or the County’s administration of this Agreement. Municipality will have no right or authority to audit this Agreement or to demand access to or copies of County’s records concerning this Agreement or the County’s administration of this Agreement. Municipality has no right to withhold payments to County pending any audit of or inquiry about this Agreement or the County’s administration of this Agreement. 6. TERMINATION A. Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days prior written notice to the other party. B. With Cause: The County reserves the right to terminate the Agreement immediately, in whole or in part, at its sole discretion, for the following reasons: 1) Municipality’s lack of or reduction in funding or resources, financial or otherwise; or 2) Municipality’s misuse of resources, financial or otherwise; or 3) Municipality’s failure to comply with the terms of this Agreement; or 4) Municipality’s submission of inaccurate, incomplete, or false data, statements, or reports. 7. NO INDEMNIFICATION COUNTY AND MUNICIPALITY, INCLUDING THEIR RESPECTIVE ELECTED OFFICIALS AND EMPLOYEES, AGREE THAT EACH WILL BE RESPONSIBLE FOR ITS OWN NEGLIGENT ACTS OR OMISSIONS OR OTHER TORTIOUS CONDUCT IN THE COURSE OF PERFORMANCE OF THIS AGREEMENT, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITIES AVAILABLE TO COUNTY OR MUNICIPALITY UNDER TEXAS LAW OR OTHER APPLICABLE LAWS AND WITHOUT WAIVING ANY AVAILABLE DEFENSES UNDER TEXAS LAW OR OTHER APPLICABLE LAWS. NOTHING IN THIS PARAGRAPH MAY BE CONSTRUED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, IN OR TO ANY THIRD PERSONS OR ENTITIES. 8. INSURANCE Municipality agrees that Municipality will at all times during the Term of this Agreement maintain in full force and effect general liability insurance; or self-insurance, to the extent permitted by applicable law under a plan of self-insurance, that is also maintained in accordance with sound, generally accepted accounting practices. Municipality expressly DALLAS COUNTY 8.29.24 FINAL DRAFT MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & CITY OF COPPELL, TEXAS 2024—2025 Page 3 of 6 understands and agrees that it is solely responsible for 1) all costs of such general liability insurance; 2) any and all deductible amounts in any general liability insurance policy; and 3) any liability in the event that any insurance company denies coverage for any incident reasonably related to the performance of this Agreement. 9. NOTICE Any notice or certification required or permitted to be delivered under this Agreement will be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposit of the notice or certification in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested, and properly addressed to the contact person shown at their respective addresses set forth below, or at such other addresses as may be specified by written notice delivered by the methods described above in this subsection: TO DALLAS COUNTY: Dallas County Department of Health and Human Services Dr. Philip Huang, Director, DCHHS 2377 N. Stemmons Freeway Dallas, Texas 75207 Tel. (214) 819-2101 With a copy to: Dallas County District Attorney’s Office Chief, Civil Division 500 Elm Street, Suite 6300 Dallas, Texas 75202 TO CITY OF COPPELL, TEXAS: Attn: Ashely Owens 255 Parkway Blvd Coppell, TX 75019 10. ENTIRE AGREEMENT AND AMENDMENTS This Agreement, including any Exhibits and Attachments, constitutes the entire agreement between the parties and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of this Agreement can be effective unless mutually agreed upon in writing and executed by the parties. 11. COUNTERPARTS, NUMBER, GENDER, AND HEADINGS This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument when considered together in context. Words of any gender used in this Agreement will be held and construed to include DALLAS COUNTY 8.29.24 FINAL DRAFT MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & CITY OF COPPELL, TEXAS 2024—2025 Page 4 of 6 any other gender any words in the singular will include the plural and vice versa, unless the context clearly requires otherwise. Headings are for the convenience of reference only and cannot be considered in any interpretation of this Agreement. 12. SEVERABILITY If any term of this Agreement is construed to be illegal, invalid, void or unenforceable, this construction will not affect the legality or validity or any of the remaining terms. The unenforceable or illegal term will be deemed stricken and deleted, but the remaining terms will not be affected or impaired and such remaining terms will remain in full force and effect. 13. FISCAL FUNDING CLAUSE Notwithstanding any terms contained in this Agreement, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation for the Term of the Agreement and any pertinent extensions. Municipality has no right of action against County in the event County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to Municipality at the earliest possible time prior to the end of its fiscal year. 14. DEFAULT - CUMULATIVE RIGHTS - MITIGATION It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. The rights and remedies provided by this Agreement are cumulative, and either party’s use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Both parties have a duty to mitigate damages. 15. SOVEREIGN IMMUNITY THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO MUNICIPALITY’S AND COUNTY’S GOVERNMENTAL IMMUNITIES, INCLUDING, WITHOUT LIMITATION, TITLE 5 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE AND ALL APPLICABLE STATE AND FEDERAL LAWS. THE PARTIES EXPRESSLY AGREE THAT NO TERM OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY, OR A WAIVER OF ANY TORT LIMITATION, AND ANY DEFENSES THAT MUNICIPALITY OR COUNTY HAVE BY OPERATION OF LAW, OR OTHERWISE. NOTHING IN THIS AGREEMENT IS INTENDED TO OR DOES BENEFIT ANY THIRD-PARTY BENEFICIARY. 16. COMPLIANCE WITH LAW, CHOICE OF LAW, AND VENUE In providing services required by this Agreement, Municipality and County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable Federal, State, and local statutes, ordinances, rules, DALLAS COUNTY 8.29.24 FINAL DRAFT MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & CITY OF COPPELL, TEXAS 2024—2025 Page 5 of 6 and regulations. The laws of the State of Texas govern this Agreement. Exclusive venue for any action or claim arising from this Agreement is in the State or Federal District Courts that are physically located in Dallas County, Texas. 17. RELATIONSHIP OF PARTIES County and Municipality are each independent political subdivisions of the State of Texas. Neither is an agent, servant, joint enterpriser, joint venturer, or employee of the other. Municipality and County agree and acknowledge that each governmental entity will be responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. 18. OPEN RECORDS To the extent, if any, that any provision in this Agreement is in conflict with Tex. Gov’t. Code §552.001 et seq., as amended (the “Open Records Act”), the same shall be of no force and effect. Furthermore, it is expressly understood and agreed that County, its officers and employees may request advice, decisions and opinions of the Attorney General of the State of Texas in regard to the application of the Open Records Act to any information, or any part thereof, or other items or data furnished to County whether or not the same are available to the public. It is further understood that County, its officers and employees shall have the right to rely on the advice, decisions and opinions of the Attorney General, and that County, its officers and employees shall have no liability or obligations to Municipality for the disclosure to the public, or to any person or persons, of any information, or a part thereof, or other items or data furnished to County by Municipality in reliance on any advice, decision or opinion of the Attorney General of the State of Texas. 19. FORCE MAJEURE Neither party shall be deemed to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires, transportation contingencies, interruptions in third- party telecommunications or Internet equipment or service, other catastrophes, or any other occurrences which are reasonably beyond any party’s control. The parties are required to use due caution and preventive measures to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify the other parties in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have been removed, provided the Agreement has not been terminated. Delay or failure of performance, by either party to this Agreement, caused solely by a force majeure event, shall be excused for the period of delay caused solely by the force majeure event. 20. SIGNATORY WARRANTY Municipality and County represent that each has the full right, power, and authority to enter and perform this Agreement in accordance with all of its terms and conditions, and that the execution and delivery of this Agreement has been made by authorized representatives of the parties to validly and legally bind the parties to all terms set forth in this Agreement. DALLAS COUNTY 8.29.24 FINAL DRAFT MOSQUITO GROUND CONTROL AGREEMENT BETWEEN DALLAS COUNTY, TEXAS & CITY OF COPPELL, TEXAS 2024—2025 Page 6 of 6 DALLAS COUNTY: . BY: Clay Lewis Jenkins County Judge DATE SIGNED: ______________________ CITY OF COPPELL, TEXAS: . BY: Wes Mays Mayor City of Coppell, Texas DATE SIGNED: . Recommended: ____________________________________ BY: Philip Huang Director, DCHHS APPROVED AS TO FORM*: DALLAS COUNTY JOHN CREUZOT DISTRICT ATTORNEY BARBARA NICHOLAS CHIEF, CIVIL DIVISION . BY: Rebecca Lundberg Assistant District Attorney Civil Division Approved as to Form: CITY OF COPPELL, TEXAS . BY: Robert E. Hager City 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: 2024-7686 File ID: Type: Status: 2024-7686 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/19/2024File Created: Final Action: DCHHS ILA Renewal - FY25File Name: Title: Consider approval of the renewal of the Dallas County Health and Human Services Interlocal Government Agreement, effective October 1, 2024, through September 30, 2025; in the amount of $3,131.00; as budgeted in FY 24-25; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Interlocal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7686 Title Consider approval of the renewal of the Dallas County Health and Human Services Interlocal Government Agreement, effective October 1, 2024, through September 30, 2025; in the amount of $3,131.00; as budgeted in FY 24-25; and authorizing the Mayor to sign. Summary Fiscal Impact: The fiscal impact of this agenda item is $3,131.00, as budgeted. Staff Recommendation: The Community Development Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 24, 2024 Reference: Consider approval of the renewal of the Dallas County Health and Human Services Interlocal Government Agreement, effective October 1, 2024, through September 30, 2025; in the amount of $3,131.00, as budgeted; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: This item is presented to consider approval of the renewal of the Dallas County Health and Human Services Interlocal Government Agreement, effective October 1, 2024, through September 30, 2025; in the amount of $3,131.00; as budgeted; and authorizing the Mayor to sign. Background: Under this interlocal agreement, Dallas Human and Health Services shall offer our residents the following services: Tuberculosis Control Services; Sexually Transmitted Disease Control Services; Communicable Disease Control Services; and Laboratory Services. The County also agrees to provide to the City, per state and federal law, the following public health services: immunizations; child health care, high-risk infant case management; and home visits. The County uses “a sliding-scale fee” based on the residents’ ability to pay for these services, and the City pays $3,131.00 per year, which is the agreed-upon amount for the City’s share of the total cost of the program less federal and state funding. This agreement has been in existence for over 26 years, and the City is billed by the County monthly. The billing amount has remained the same for over 18 years. Note that all interlocal agreements must be approved by City Council regardless of the value of the services provided. 2 Benefit to the Community: This interlocal agreement protects public health by providing The City of Coppell’s residents access to Dallas County health services. Legal Review: This item has been reviewed by the City attorney. Fiscal Impact: The fiscal impact of this agenda item is $3,131.00, as budgeted. Recommendation: The Community Development Department recommends approval. ILA for Coordinated Health Services Page 1 of 11 INTERLOCAL AGREEMENT FOR COORDINATED HEALTH SERVICES BETWEEN DALLAS COUNTY, by and on behalf of DALLAS COUNTY HEALTH & HUMAN SERVICES, and COPPELL This INTERLOCAL COOPERATIVE AGREEMENT (“Agreement”) is made and entered into by and between DALLAS COUNTY, a political subdivision of the State of Texas (“County”) and the CITY OF COPPELL, TEXAS, (“Participant”), each organized and existing under the laws of the State of Texas, and acting by, through and under the authority of their respective governing bodies and officials. The County and Participant are collectively referred to herein as the “Parties” and individually referred to as a “Party.” WHEREAS, Dallas County has offered to provide certain health services to the various cities throughout Dallas County on a contract for services basis; and WHEREAS, Participant desires to participate with County in establishing coordinated health services for Participant; and WHEREAS, the County will operate certain health services for the residents of Participant to promote the effectiveness of local public health services and goals (“Program”); and WHEREAS, the cooperative effort will allow cities located within Dallas County to participate in providing public health services for their residents; and WHEREAS, such cooperative effort serves and furthers the public purpose and benefits the citizens of the County as a whole. Now therefore, Dallas County, on behalf of Dallas County Health and Human Services (“DCHHS”), enters into this Agreement with Participant, pursuant to the authorities of Texas Health and Safety Code Chapter 121, Texas Government Code Chapter 791, and other applicable laws for health services to Participant. ILA for Coordinated Health Services Page 2 of 11 I. HEALTH SERVICES TO BE PERFORMED 1.1 County agrees to operate the Program, which will include the following health services: A. Tuberculosis Control Services: providing preventive, diagnostic treatment, and epidemiological services; B. Sexually Transmitted Disease Control Services: consisting of education to motivate people to use preventive measures and to seek early treatment, prophylaxis, epidemiological investigation, and counseling in accordance with County policy; C. Communicable Disease Control Services: providing information concerning immunization and communicable diseases and coordinating with the Texas Department of State Health Services (“DSHS”) in monitoring communicable diseases; and D. Laboratory Services: performing chemical, biological, and bacteriological analysis and tests on which are based diagnosis of disease, effectiveness of treatment, the quality of the environment, the safety of substance for human consumption, and the control of communicable disease. 1.2 County further agrees to provide to Participant, in accordance with state and federal law, the following public health services: A. Immunizations; B. Child health care; C. High risk infant case management; and D. Home visits. 1.3 County also agrees to work with Participant to decentralize clinics and to plan and provide for desired services by Participant; however, any other services that Participant requires, in addition to the above-mentioned services, may result in additional fees to Participant. 1.4 The County agrees to charge a sliding-scale fee based on ability to pay to all residents of every municipality, including Participant, within Dallas County. The fees charged by the County for the services listed in this Agreement will be used to offset the Participant’s Program costs for the next Agreement Term. A schedule of fees to be charged by County is set out in Exhibit A, which is attached and incorporated herein by reference for all purposes. ILA for Coordinated Health Services Page 3 of 11 1.5 The County agrees that the level of service provided in the Program for Participant will not be diminished below the level of service provided to Participant for the same services in the prior Agreement Term except as indicated otherwise in this Agreement. For purposes of Section 1.6, level of service is measured by the number of patient visits and number of specimens examined. The County will submit to Participant a monthly statement, which will also include the number of patient visits and number of specimens examined during the preceding month. 1.6 The possibility exists of reductions in state and federal funding to the Program that could result in curtailment of services if not subsidized at the local level. The County will notify Participant in writing of any amount of reduction, and any extent to which services will be curtailed as a result. The notice will also include a dollar amount that Participant may elect to pay to maintain the original level of services. Participant will notify the County in writing no later than fourteen (14) calendar days after the date of Participant’s receipt of the notice of funding reduction as to Participant’s decision to pay the requested amount or to accept the curtailment of service. If Participant elects to pay the requested amount, payment is due no later than forty-five (45) calendar days after the date of the notice of funding reduction. II. BUDGET 2.1 The County agrees to submit to Participant by July 31st of each year a proposed budget describing the proposed level of services for the next Agreement Term; 2.2 For the Term of this Agreement, the County agrees to provide the services listed in Section 1 of this Agreement at the level of services and for the amount stated in Exhibits B, C, and D which are attached and incorporated herein by reference for all purposes; 2.3 Payment. Participant shall pay to County the amount listed in Exhibit D which is the agreed upon amount for Participant’s share of the total cost of the Program less federal and state funding. 2.4 In lieu of paying the actual dollar amount stated in this Agreement, Participant has the option, to the extent authorized by law, ordinances or policy, of making a request to negotiate for in- kind services that are equal in value to the total amount. 2.5 This Agreement is contingent upon Participant’s appropriation of funds, or ability to perform in-kind services as described in Section 2.4 of this Agreement, for the services set forth herein. In the event Participant fails to appropriate such funds, or provide in-kind services, the County shall not incur any obligations under this Agreement. ILA for Coordinated Health Services Page 4 of 11 III. ASSURANCES 3.1 The County shall operate and supervise the Program. 3.2 Nothing in this Agreement shall be construed to restrict the authority of Participant over its health programs or environmental health programs or to limit the operations or services of those programs. 3.3 Participant agrees to provide to the County or assist the County in procuring adequate facilities to be used for the services under this Agreement. These facilities must have adequate space, waiting areas, heating, air conditioning, lighting, and telephones. None of the costs and maintenance expenses associated with these facilities shall be the responsibility of the County and the County shall not be liable to Participant or any third party for the condition of the facilities, including any premises defects. 3.4 Participant and the County agree that other cities/towns/municipalities may join the Program by entering into an agreement with the County that contains the same basic terms and conditions as this Agreement. 3.5 Each Party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying party. IV. FINANCING OF SERVICES 4.1 The health services provided under this Agreement will be financed as follows: A. Participant and the County will make available to the Program all appropriate federal and state funds, personnel, and equipment to provide the health services included under this Agreement and will use best efforts to cause these funds and resources to continue to increase. B. Participant shall pay to the County, or provide in-kind services, its share of budgeted costs that are more than the federal and state funding for providing the health services under this Agreement. Budgeted costs shall not exceed those reflected in Exhibits B, C, and D for the appropriate Agreement Term. C. The County shall bill Participant each month an amount equal to one-twelfth (1/12) of its share of annual budgeted costs that exceed federal and state funding for the expenses of the preceding month. D. Any payment not made within thirty (30) calendar days of its due date shall bear interest in accordance with Texas Government Code Chapter 2251. ILA for Coordinated Health Services Page 5 of 11 E. Participant and the County agree that no more than ten percent (10%) of the City/Town's cost of participating in the Program will be used for administration of the Program. V. TERM The Term of this Agreement shall be effective from October 1, 2024, through September 30, 2025, unless otherwise stated in this Agreement. VI. TERMINATION 6.1 Without Cause: This Agreement may be terminated in writing, without cause, by either party upon thirty (30) calendar days prior written notice to the other party. 6.2 With Cause: Either party may terminate the Agreement immediately, in whole or in part, at its sole discretion, by written notice to the other party, for the following reasons: A. Lack of, or reduction in, funding or resources; B. Non-performance; C. The improper, misuse, or inept use of funds or resources directly related to this Agreement; or D. The submission of data, statements, and/or reports that is incorrect, incomplete, and/or false in any way. VII. RESPONSIBILITY 7.1 The County and Participant agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct during performance of this Agreement, without waiving any governmental immunity available to the County or Participant or their respective officials, officers, employees, or agents under Texas or other law and without waiving any available defenses under Texas or other law. 7.2 Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. VIII. INSURANCE Participant and the County agree that they will, during the Term of this Agreement, always maintain in full force and effect insurance or self-insurance to the extent permitted by applicable laws. Participant and the County will be responsible for their respective costs of such insurance, all deductible amounts in any policy and any denials of coverage made by ILA for Coordinated Health Services Page 6 of 11 their respective insurers. IX. ACCESS TO RECORDS RELEVANT TO PROGRAM Participant and the County agree to provide to the other, upon request, copies of the books and records relating to the Program. Participant and the County further agree to give Participant and County health officials access to all Program activities. Both Participant and the County agree to adhere to all applicable confidentiality provisions, including those relating to Human Immunodeficiency Virus (HIV) and Sexually Transmitted Disease (STD) information, as mandated by federal and state law, as well as by DSHS. X. NOTICE Any notice to be given under this Agreement shall be deemed to have been given if reduced to writing and delivered in person by a reputable courier service or mailed by Registered Mail, postage pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth below. Such notice, demand or request shall be deemed to have been given, if by courier, at the time of delivery, or if by mail, three (3) business days after the deposit of the notice in the United States mail in accordance herewith. The names and addresses of the parties’ hereto to whom notice is to be sent are as follows: If to Participant: Ashely Owens, City Secretary 255 Parkway Blvd. Coppell, Texas 75019 If to the County: Dr. Philip Huang, Director Dallas County Health & Human Services 2377 N. Stemmons Freeway, LB 12 Dallas, Texas 75207-2710 and with a copy to: Barbara S. Nicholas Dallas County District Attorney’s Office Deputy Administrator, Civil Division 500 Elm Street, Suite 6300 Dallas, Texas 75202 ILA for Coordinated Health Services Page 7 of 11 XI. IMMUNITY 11.1 This Agreement is expressly made subject to the County’s and Participant’s Governmental Immunity, including, without limitation, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state laws. 11.2 The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability, or a waiver of any tort limitation, that Participant or the County has by operation of law or otherwise. 11.3 Nothing in this Agreement is intended to benefit any third-party beneficiary XII. COMPLIANCE WITH LAWS AND VENUE In providing services required by this Agreement, Participant and the County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations. Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas. XIII. AMENDMENTS AND CHANGES IN THE LAW 13.1 No modification, amendment, novation, renewal, or other alteration of this Agreement shall be effective unless mutually agreed upon in writing and executed by the parties hereto. 13.2 Any alteration, addition or deletion to the terms of this Agreement which are required by changes in federal or state law are automatically incorporated herein without written amendment to this Agreement and shall be effective on the date designated by said law. XIV. ENTIRE AGREEMENT This Agreement, including all exhibits and attachments, constitutes the entire agreement between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. XV. BINDING EFFECT This Agreement and the respective rights and obligations of the parties hereto shall inure to the benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties themselves. XVI. ILA for Coordinated Health Services Page 8 of 11 GOVERNMENT FUNDED PROJECT If this Agreement is funded in part by either the State of Texas or the federal government, the County and Participant agree to timely comply, without additional cost or expense to the other party, unless otherwise specified herein, to any statute, rule, regulation, grant, contract provision, or other state or federal law, rule, regulation, or other similar restriction that imposes additional or greater requirements than stated herein and that is directly applicable to the services rendered under the terms of this Agreement. XVII. DEFAULT/CUMULATIVE RIGHTS/MITIGATION 17.1 In the event of a default by either party, it is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. 17.2 The rights and remedies provided by this Agreement are cumulative, and either party’s use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 17.3 Both parties have a duty to mitigate any damages. XVIII. FISCAL FUNDING CLAUSE 18.1 Notwithstanding any provisions contained herein, the obligations of the County and Participant under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the Term of the Agreement and any extensions thereto. 18.2 Participant and the County shall have no right of action against the other party in the event the other party is unable to fulfill its obligations under this Agreement because of insufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future Agreement Terms. 18.3 In the event that the County or Participant is unable to fulfill its obligations under this Agreement because of insufficient funding, or if funds become unavailable, each party, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to the other party at the earliest possible time. ILA for Coordinated Health Services Page 9 of 11 XIX. COUNTERPARTS, NUMBER, GENDER AND HEADINGS 19.1 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 19.2 Words of any gender used in this Agreement shall be held and construed to include any other gender. Any words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. XX. PREVENTION OF FRAUD AND ABUSE 20.1 Participant and the County shall establish, maintain, and utilize internal management procedures sufficient to provide for the proper, effective management of all activities funded under this Agreement. 20.2 Any known or suspected incident of fraud or program abuse involving the County or Participant’s employees or agents shall be reported immediately for appropriate action. Moreover, Participant and the County warrant to be not listed on a local, county, state, or federal consolidated list of debarred, suspended, and ineligible contractors and grantees. 20.3 Participant and the County agree that every person who as part of their employment, receives, disburses, handles or has access to funds collected pursuant to this Agreement does not participate in accounting or operating functions that would permit them to conceal accounting records and the misuse of said funds. Each party shall, upon notice by the other party, refund their respective expenditures that are contrary to this Agreement. XXI. AGENCY/INDEPENDENT CONTRACTOR 21.1 The County and Participant agree that the terms and conditions of this Agreement do not constitute the creation of a separate legal entity or the creation of legal responsibilities of either party other than under the terms of this Agreement. 21.2 The County and Participant are and shall be acting as independent contractors under this Agreement; accordingly, nothing contained in this Agreement shall be construed as establishing a master/servant, employer/employee, partnership, joint venture, or joint enterprise relationship between County and Participant. 21.3 Participant and the County are responsible for their own acts, forbearance, negligence and deeds, and for those of their respective officials, agents or employees in conjunction with the performance of work covered under this Agreement. ILA for Coordinated Health Services Page 10 of 11 XXII. SEVERABILITY If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions in this Agreement. The illegal or invalid provision will be deemed stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or invalid provisions had never been incorporated. XXIII. SIGNATORY WARRANTY Each person signing and executing this Agreement does hereby warrant and represent that such person has been duly authorized to execute this Agreement on behalf of Participant or the County, as the case may be. [Signatures on Following Page] [Intentionally Left Blank] ILA for Coordinated Health Services Page 11 of 11 EXECUTED by the duly authorized Parties on the date written below: DALLAS COUNTY COPPELL CLAY LEWIS JENKINS Wes Mays Dallas County Judge Mayor Date: _________________________ Date: _________________________ RECOMMENDED: PHILIP HUANG, MD, MPH Executive Director, DCHHS APPROVED AS TO FORM FOR DALLAS COUNTY*: JOHN CREUZOT DISTRICT ATTORNEY BARBARA NICHOLAS DEPUTY ADMINISTRATOR, CIVIL DIVISION Date: _________________________ CHERIE K. BATSEL Assistant District Attorney Dallas County DA’s Office, Civil Division *By law, the District Attorney’s Office may only advise or approve contracts, agreements, or legal documents on behalf of its clients. It may not advise or approve a contract, agreement, 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). EXHIBIT A FEE SCHEDULE SEXUAL HEALTH CLINIC INFECTIOUS DISEASES Office Visits $20/visit Non-Contagious Disease Certification Letter $20 each Blood Drawing $5 each Chemical Lesion Reduction $45 each Medical Records Copies $5 each Cryotherapy $15 each TUBERCULOSIS CLINIC TB Testing-Level I (Office Visit) $30/Visit Comprehensive TB Testing & $80 each TB Testing-Level II (IGRA) $50 each Evaluation (Incl. Chest X-ray) Chest X-Ray Copies $5 each LABORATORY GC Culture $14 each Pregnancy Test $20 each GEN Probe GC/CT Combo $15 each Urinalysis $15 each Trichomonas Testing $17 each Dark Field $16 each HIV 1&2 Test $15 each Herpes Culture $38 each HIV Test - Rapid $20 each HIV-1 RNA Testing $115 each MTB Testing for TB $85 each HIV-1 Quant Assay Testing $80 each TB Culture & Concentration $25 each Herpes Type 1 & 2 Serology $50 each TB Identification $15 each Residual Clinical Specimens $5 each TB Susceptibility $31 each TB Acid Fast Stain $8 each HIV-1 Quant Viral Load $45 each Hepatitis C Virus Quant $45 each NURSING SERVICE Hepatitis A Havrix* $85/Injection Varivax $180/Injection Hepatitis B Vaccine* $65/Injection Meningococcal (MCV4)* $165/Injection Twinrix $125/Injection Shingrix $205/Injection Rabies (PE) $415/Injection Gardasil (HPV) $295/Injection IPV $55/Injection Hepatitis A (Pediatric) $45/Injection Pneumococcal $135/Injection Hepatitis B (Pediatric) $35/Injection Adacel (Pertusis) (Tdap) $35/injection RSV Vaccine $300/Injection HIB $25/injection DTaP (Daptacel) $40/Injection Japanese Encephalitis $380/Injection DTap-HepB-IPV $85/Injection Typhoid (Polysaccharide) $100/Injection DTaP-IPV $70/Injection Typhoid (Oral) $105 box Rotavirus $150/Injection Yellow Fever Vaccine** $205/Injection PCV13 $250/Injection Boostrix Vaccine*(Tdap) $55/Injection MMR* $105/Injection Influenza Vaccine* $30/Injection Communicable Disease Program: Influenza (High Dose) $80/Injection Hepatitis A/B/C Screening General $35/Test Rabies Administrative Fee/ Hepatitis A/B/C Screening Qualified $10/Test Serves State Vaccine $25 each Immunization/VFC Program: Foreign Travel Office Visit Fee $25/visit DPT,DT,Hib, $5/Per child TD* $50/Injection Well Baby $5/Visit COVID Vaccine (Adults) $135/Injection Diabetic Testing $5/Test COVID Vaccine (Pediatrics) $135/Injection Immunization Record $5 each Foreign Travel Yellow Card $5 each Note: (1)*Vaccines marked with asterisks are part of the Adult Safety Net Program (ASNP). Clients eligible to receive through the ASNP will be charged a fee of $10/shot. Effective August 1, 2023 ASNP no longer offered pneumococcal, varicella and human papillomavirus vaccines. (2) **Vaccine Unavailable. ENVIRONMENTAL HEALTH Septic Tank Inspection $310/Commercial/Business Day Care Center Inspections $2/per authorized child $260/Residential Temporary Food Permit $75/plus $10 per day Septic Tank Re-inspection $35/Residential Funeral Home Inspection $200 $85/Commercial FHA, VA, Conventional Loans $125/Licensed Food Establishment Inspection $210/yr./establishment $150/Unlicensed Half-Way Houses & Boarding $75/plus $25 for each Annual Group Home Inspection $50 Homes, Residential additional unit on site Food Handler Class $15/per person Mosquito Spraying for Non- Sub-division Plat Approval $200/Residential contracting cities $185/ per hour $150/Commercial Water Sample $50 Animal Control/Quarantine $7/per day Mosquito Testing $35 Animal Control/Vicious Animal $12/per day Food Mgr. Cert. Program $100/per person Food Manager Re-certification $50/Test Food Mgr. Cert. Retesting $50/per person W/Multiple Test Sites Food Prep Truck Permit $185 Food Cart Permit $240 Food Prep Truck Plan Review $562 Food Cart Plan Review $205 Food Prep Truck Application $481 Food Cart Application $121 Food Prep Truck Administrative $50 Food Truck Administrative $50 Catering Truck Permit $300 Catering Truck Application $121 Catering Truck Administrative $50 Note: 1) # Indicates $10 charge for State fee Updated on November/2023 Exhibit B Tuberculosis Sexually Transmitted Diseases Laboratory Communicable Diseases Municipality Addison 19 98 1,850 97 Balch Springs 213 134 1,639 72 Carrollton 582 192 1,975 257 Cedar Hill 400 208 4,049 57 Cockrell Hill 6 0 2,297 19 Coppell 229 28 1,842 142 Dallas 17,424 6,681 62,977 15,267 Desoto 321 282 2,142 628 Duncanville 300 188 1,349 137 Farmers Branch 82 69 4,173 127 Garland 2,162 606 9,153 187 Glenn Heights 104 91 1,161 2 Grand Prairie 626 343 7,414 735 Highland Park 0 0 4,058 13 Hutchins 12 37 4,172 62 Irving 3,247 591 6,028 1,085 Lancaster 235 312 4,671 26 Mesquite 750 568 5,415 472 Richardson 407 152 1,682 315 Rowlett 245 98 986 16 Sachse 31 17 181 8 Seagoville 48 60 1,570 73 Sunnyvale 4 3 25 50 University Park 0 0 600 0 Wilmer 13 33 2,604 11 Out of County 761 1,893 72,520 2,469 28,221 12,684 206,533 22,327 Total Dallas County Health and Human Services Annual Summary of Services January 1, 2023 thru December 31, 2023 Exhibit C Tuberculosis Sexually Transmitted Diseases Laboratory Communicable Diseases FY '25 Contract Total Municipality Addison 1,981$ 18,824$ 36,079$ 4,551$ 2,500$ Balch Springs 22,212$ 25,738$ 31,964$ 3,378$ 9,377$ Carrollton 60,694$ 36,879$ 38,517$ 12,057$ 23,823$ Cedar Hill 41,714$ 39,952$ 78,965$ 2,674$ 2,498$ Cockrell Hill 626$ -$ 44,797$ 891$ 1,011$ Coppell 23,881$ 5,378$ 35,923$ 6,662$ 3,131$ Dallas 1,817,052$ 1,283,274$ 1,228,196$ 716,234$ 1,754,252$ Desoto 33,475$ 54,166$ 41,774$ 29,462$ 17,620$ Duncanville 31,285$ 36,111$ 26,309$ 6,427$ 11,273$ Farmers Branch 8,551$ 13,253$ 81,383$ 5,958$ 6,856$ Garland 225,463$ 116,399$ 178,504$ 8,773$ 80,156$ Glenn Heights 10,846$ 17,479$ 22,642$ 94$ 574$ Grand Prairie 65,282$ 65,883$ 144,590$ 34,482$ 38,854$ Highland Park -$ -$ 79,140$ 610$ 132$ Hutchins 1,251$ 7,107$ 81,364$ 2,909$ 3,149$ Irving 338,612$ 113,518$ 117,560$ 50,901$ 81,906$ Lancaster 24,507$ 59,928$ 91,095$ 1,220$ 12,106$ Mesquite 78,213$ 109,100$ 105,605$ 22,143$ 31,608$ Richardson 42,444$ 29,196$ 32,803$ 14,778$ 23,756$ Rowlett 25,550$ 18,824$ 19,229$ 751$ 4,925$ Sachse 3,233$ 3,265$ 3,530$ 375$ 362$ Seagoville 5,006$ 11,525$ 30,619$ 3,425$ 6,440$ Sunnyvale 417$ 576$ 488$ 2,345$ 99$ University Park -$ -$ 11,701$ -$ 48$ Wilmer 1,356$ 6,339$ 50,784$ 516$ 2,597$ Out of County 79,360$ 363,604$ 1,414,306$ 115,830$ 77,142$ 2,943,011$ 2,436,319$ 4,027,867$ 1,047,446$ 2,196,195$ Total Dallas County Health and Human Services FY2025 Contract Cost by Category Exhibit D Municipality Addison 2,500$ Balch Springs 9,377$ Carrollton 23,823$ Cedar Hill 2,498$ Cockrell Hill 1,011$ Coppell 3,131$ * Dallas 1,754,252$ * Desoto 17,620$ * Duncanville 11,273$ Farmers Branch 6,856$ * Garland 80,156$ Glenn Heights 574$ Grand Prairie 38,854$ Highland Park 132$ Hutchins 3,149$ Irving 81,906$ Lancaster 12,106$ * Mesquite 31,608$ * Richardson 23,756$ * Rowlett 4,925$ * Sachse 362$ * Seagoville 6,440$ Sunnyvale 99$ University Park 48$ Wilmer 2,597$ * Out of County 77,142$ 2,196,195$ *Non-contracting Dallas County Health and Human Services Total Contract Costs FY2025 Total Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7674 File ID: Type: Status: 2024-7674 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/16/2024File Created: Final Action: Trinity River Authority Contract Renewal FY 25File Name: Title: Consider approval of renewal of a Regulatory Services Agreement with Trinity River Authority, for services related to monitoring industrial uses of the City Sanitary Sewer System, in the amount of $9,500.00; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7674 Title Consider approval of renewal of a Regulatory Services Agreement with Trinity River Authority, for services related to monitoring industrial uses of the City Sanitary Sewer System, in the amount of $9,500.00; and authorizing the Mayor to sign. Summary Fiscal Impact: The fiscal impact of this item should not exceed $9,500.00. Staff Recommendation: The Community Development Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/20/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7674 Page 1City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 24, 2024 Reference: Consider approval of renewal of a Regulatory Services Agreement with Trinity River Authority, for services related to monitoring industrial uses of the City Sanitary Sewer System, in the amount of $9,500.00; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: This item is presented to consider approval of renewal of a Regulatory Services Agreement with Trinity River Authority, for services related to monitoring industrial uses of the City Sanitary Sewer System, in the amount of $9,500.00, as budgeted, and authorizing the Mayor to sign, effective October 1, 2024, through September 30, 2025. Background: The City of Coppell contracts with Trinity River Authority for industrial inspection services, industrial sampling services, and analytical services. This contract enables the City to comply with all applicable state and federal laws, including the Clean Water Act and the General Pretreatment Regulations. Under this contract, Trinity River Authority performs all industrial user survey activities, notifies industrial users required to complete the Industrial User Survey Form, permits industrial users, and inspects permitted facilities as needed. Trinity River Authority also performs sampling services and classifies and documents the required discharge practices of industrial users. The contract amount is $9,500.00, which is the same dollar amount as last fiscal year. All expenses incurred by the Environmental Health Division for inspections and sampling are charged back to the industry. Benefit to the Community: 2 This contract protects the City of Coppell’s wastewater collection system and that all industrial uses of the system are properly monitored. Legal Review: This item was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this item should not exceed $9,500.00. Recommendation: The Community Development Department recommends approval. 1 EXHIBIT A TRINITY RIVER AUTHORITY OF TEXAS REGULATORY SERVICES AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § This Regulatory Services Agreement (Agreement) is made and entered into as of __________________________, by and between the Trinity River Authority of Texas, with its principal office at 5300 South Collins Street, Arlington, Tarrant County, Texas 76018 (Authority) and __________________________, with its principal office at _________________________ (Customer); singularly and collectively referred to as “Party” and “Parties,” respectively. WITNESSETH: WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Texas Government Code Chapter 791; WHEREAS, the Authority owns and operates a Regulatory Services and Compliance Laboratory certified by the Texas Commission on Environmental Quality to analyze environmental samples under National Environmental Laboratory Accreditation Conference standards (NELAC); WHEREAS, water and wastewater testing are critical to the maintenance of public health and such testing is therefore, a governmental function and service; and WHEREAS, the governing bodies of the Authority and Customer believe that this Agreement is necessary for the benefit of the public and that each Party has the legal authority to provide governmental function as described in this Agreement; NOW THEREFORE, in consideration of the foregoing premises and the agreements and covenants contained herein, the Authority and Customer agree as follows: ARTICLE I SERVICES TO BE PERFORMED To discharge the responsibilities associated with the enforcement of federal, state, and municipal regulations, Customer requires services of a laboratory qualified to perform water and wastewater analysis, and of personnel to conduct industrial inspection and sampling services as described below. 2 A. NON-SIGNIFICANT INDUSTRIAL USER INSPECTION AND CLASSIFICATION SERVICES Customer employs the Authority and the Authority agrees to perform industrial user survey services and inspections for non-significant industrial users within the parameters listed on the schedule sheet, attached hereto as Attachment A, and in accordance with the Customer’s industrial waste and sewer ordinances. The Authority shall perform all industrial user survey activities including organization of users to be surveyed utilizing the Texas Manufacturing Guide, notification to industrial users that require completion of the Customer’s Industrial User Survey Form, necessary industrial user inspections, and proper classification and documentation of industrial users’ discharge practices. Authority will provide, on behalf of Customer, updates to the Texas Commission on Environmental Quality (TCEQ) when required. Industrial user survey procedures are established by the Authority to meet industrial discharge notification requirements found in the Texas Pollutant Discharge Elimination System Permits issued to the Authority and in accordance with 40 CFR § 403.8. Documentation associated with the industrial user survey shall be maintained as required by the Environmental Protection Agency’s (EPA) general pretreatment regulations, 40 CFR § 403.12. B. SIGNIFICANT INDUSTRIAL USER PERMIT AND INSPECTION SERVICES Customer employs the Authority and the Authority agrees to perform permitting and industrial inspection services for significant industrial users within the parameters listed on Attachment A. The Authority shall perform all industrial pretreatment inspections, review permit applications, and prepare for submittal Permits to Discharge Industrial Wastes to the Sanitary Sewer in accordance with the procedures established by the Authority in accordance with 40 CFR § 403.8. Industrial pretreatment inspections, application review and permit preparation and submittals shall comply with the Customer’s industrial waste and sewer ordinances and the EPA’s general pretreatment regulations for existing and new Sources. Records of inspections, applications and permits shall be maintained as required by the EPA under 40 CFR § 403.12. C. INDUSTRIAL USER SAMPLING SERVICES Customer employs the Authority and the Authority agrees to perform industrial user sampling services within the parameters listed on Attachment A and in accordance with the Customer’s industrial waste and sewer ordinances. The Authority shall perform all sample collection and preservation, and maintain chain-of-custody records in accordance with the approved procedures set forth in EPA Manual SW-846, EPA Manual EPA-600/4-79-020, and EPA Manual EPA-600/4-82-029. Samples shall be properly collected, preserved, and delivered by the Authority to the Authority’s laboratory located at 6500 West Singleton Boulevard, Dallas, Texas 75212. When feasible, the Authority will conduct flow or time composite sampling. When composite sampling is not feasible, grab sampling will be performed. 3 D. ANALYTICAL SERVICES Customer employs the Authority and the Authority agrees to perform analytical services within the parameters listed on Attachment A. Customer shall collect and deliver samples to the Authority’s laboratory for analysis. Samples shall be properly collected and preserved in accordance with applicable sections of the Federal Water Pollution Control Administration’s “A Practical Guide to Water Quality Studies of Streams,” EPA manual “Methods for Chemical Analysis for Water and Wastes” and the latest edition of “Standard Methods for the Examination of Water and Wastewater.” Additionally, requirements set by NELAC shall be followed as mandated by the TCEQ for state accreditation. A chain-of-custody procedure shall be maintained in both the field and laboratory in accordance with procedures established by the Customer. Customer shall furnish all applicable chains-of-custody to the Authority. The Authority will perform all analyses according to the approved procedures set forth in the current edition of “Standard Methods for the Examination of Water and Wastewater” or the latest edition of the EPA Manual’s “Methods for Chemical Analysis of Water and Wastes.” Additionally, requirements set by NELAC shall be followed as mandated by the TCEQ for state accreditation. Samples shall be analyzed by these methods on the production basis, to include appropriate analytical quality assurance procedures. Records will be kept of the Authority's quality assurance program and made available to Customer upon request. Unusual interferences and problems shall be reported to Customer at its authorized address noted above. Research into specific techniques to overcome these difficulties will be undertaken by mutual agreement when practical. The chain-of-custody sheet submitted with each sample shall designate the particular analysis or analyses to be made of each submitted sample. The Authority shall operate the laboratory in such a manner as to ensure the legal sufficiency of the sample handling; analytical and reporting procedures; and to remedy defects in procedures should such be discovered. Laboratory personnel shall be directed, upon 72 hours advanced written notice from the Customer, to appear and testify in enforcement actions. In such event, travel and per diem expenses for such employees shall be paid by Customer. Travel and per diem expenses for court appearances hereunder shall be in accordance with Texas law. Customer may deliver to the Authority samples for analyses separate and apart from those samples collected by the Authority. When Customer delivers samples to the Authority for analyses, Customer shall indicate the nature and extent of the analysis it desires to be conducted. Authority shall not be responsible for the manner of collection or chain-of-custody in matters entirely outside Authority’s control. Authority shall receive, log, and perform such sample analyses in accordance with the chain-of-custody procedures identified under “Transfer of Custody and Storage” in Attachment B, attached hereto. Samples analyzed to maintain the Authority’s laboratory normal quality assurance program will be charged to Customer at the same rate as submitted samples. E. REGULATORY SERVICES CUSTOMER SUPPORT FEE Customer employs the Authority and the Authority agrees to perform Regulatory support services beyond the existing services already identified within the Agreement. This fee is an hourly rate based on time expended by the Authority that is currently not being recouped through existing fee development. Examples of this include providing assistance with Industrial Users not under the Authorities contracted oversight, regulatory program education or guidance, ordinance development, etc. The fee structure is listed on the schedule sheet, attached hereto as Attachment A. ARTICLE II CALCULATION OF REIMBURSABLE COSTS The basis for calculating reimbursable costs shall be as stated in the Regulatory Services Fee Schedule, attached hereto as Attachment A, which may be revised and updated annually by the Authority. Any revisions shall be incorporated by reference herein. A cost analysis shall be prepared and approved each year by the Authority prior to the effective date of said revision. Expenditures by the Authority of funds paid to it under this Agreement shall be subject to required state and federal audit procedures and state and federal auditor accepted practices. The Authority shall be responsible for maintaining books of account that clearly, accurately, and currently reflect financial transactions. Financial records must include all applicable documents substantiating cost that support the entries in the account records. The Authority must keep these records readily available for examination for a period of three years after the close of the last expenditure. ARTICLE III COMPENSATION The total amount charged by the Authority to Customer shall not exceed $ __________ per annum during the Agreement Term, unless mutually agreed to by the Parties. ARTICLE IV PAYMENT FOR SERVICES The Authority shall bill Customer monthly for services performed. Charges for these services shall be based on the Regulatory Services Fee Schedule, attached hereto as Attachment A. Customer shall pay monthly invoices within 30 days of receipt. ARTICLE V ENTIRE AGREEMENT This Agreement contains all the terms, commitments, and covenants of the Parties pursuant to this Agreement. Any verbal or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the Parties. 4 ARTICLE VI TERMINATION Either Party may terminate this Agreement by giving the other Party 30 days’ written notice to their authorized address as noted above. Upon delivery of such notice by either Party to the other and before expiration of the 30-day period, the Authority will proceed to cancel all existing orders, contracts, and obligations chargeable to this Agreement. After notice of termination is given, the Authority shall furnish Customer an invoice for all work performed under this Agreement. Customer shall pay the Authority for all work performed less any prior payments. Copies of all completed or partially completed reports, documents and studies prepared under this Agreement shall be delivered by the Authority to Customer in the event this Agreement is terminated prior to completion of the prescribed work. ARTICLE VII AGREEMENT TERM This Agreement shall become effective on _______________, 20__ and terminate on ______________, 20__. IN WITNESS WHEREOF, the Parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an original, as of the date first written above. [SIGNATURES ON FOLLOWING PAGE] 5 6 ________________________________ TRINITY RIVER AUTHORITY OF TEXAS (Customer) (Authority) ________________________________ __________________________________ NAME: J. KEVIN WARD, General Manager Title: ATTEST: ATTEST: _________________________________ NAME: ALEXIS S. LONG, Secretary Board of Directors (SEAL) (SEAL) APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY: LEGALITY: NAME: ALEXIS S. LONG Title: Deputy General Counsel Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7676 File ID: Type: Status: 2024-7676 Agenda Item Consent Agenda 2Version: Reference: In Control: City Council 09/17/2024File Created: Final Action: Ordinance Re-Appointing Municipal Court JudgesFile Name: Title: Consider approval of an Ordinance of the City of Coppell, Texas, reappointing a Presiding Municipal Judge of the Coppell Municipal Court of Record No. 1 of the City of Coppell, Texas; and authorizing the City Manager to execute an engagement agreement. Notes: Sponsors: Enactment Date: Memo.pdf, Ordinance.pdf, Employment Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7676 Title Consider approval of an Ordinance of the City of Coppell, Texas, reappointing a Presiding Municipal Judge of the Coppell Municipal Court of Record No. 1 of the City of Coppell, Texas; and authorizing the City Manager to execute an engagement agreement. Summary Fiscal Impact: Municipal Judge services are budgeted in the General Fund. The actual impact is dependent upon annual workload. Staff Recommendation: Staff recommends approval of the Ordinance to re -appoint Hon. Sandra White as Presiding Judge for the Coppell Municipal Court of Record. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7676) Sustainable Government Page 2City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Traci Leach, Deputy City Manager Date: September 24, 2024 Reference: Consider approval of an Ordinance of the City of Coppell, Texas, reappointing a Presiding Municipal Judge of the Coppell Municipal Court of Record No. 1 of the City of Coppell, Texas; authorizing the City Manager to execute an engagement agreement. 2040: Foundation of Sustainable Government Introduction: This item is presented for Council consideration and approval of an Ordinance to re-appoint a Presiding Judge for the Coppell Municipal Court for another two (2) year term, ending September 30, 2026. Hon. Sandra White is currently serving as Presiding Judge. There are no changes to the terms of employment proposed for the new two-year agreement. Background: Chapter 5 of the Code of Ordinances outlines the Council’s responsibilities related to the Municipal Court. One of those duties is to appoint a Presiding Judge and any Alternate Judges to administer the work of the Court. Judges are appointed for a term of two years and must be licensed attorneys, in good standing in Texas, a citizen of the United States, a resident of the State of Texas, and have two or more years’ experience in the practice of law in this state. Judge White’s agreement is set to expire September 30, 2024. Judge White would like to serve another term. Legal: The City Attorney has reviewed the Ordinance. Fiscal Impact: Municipal Judge services are budgeted in the General Fund. The actual impact is dependent upon annual workload. 2 Recommendation: Staff recommends approval of the Ordinance to reappoint Hon. Sandra White as Presiding Judge for the Coppell Municipal Court of Record. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, RE- APPOINTING A PRESIDING MUNICIPAL JUDGE OF THE COPPELL MUNICIPAL COURT OF RECORD NO. 1 OF THE CITY OF COPPELL, TEXAS; PROVIDING TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ENGAGEMENT AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Presiding Judge, Hon. Sandra White, was appointed by the City Council on August 9, 2022, and WHEREAS, the continuity of judicial operations at the Coppell Municipal Court of Record is critical to serving all customers of the court; and WHEREAS, the Council desires to re-appoint the Hon. Judge White as the Presiding Municipal Court Judge; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That in accordance with the provisions of the City Charter and State law, the City Council hereby appoints Hon. Sandra White to serve as Presiding Judge. The Municipal Judge appointed herein shall each have and possess the authority, powers, rights, duties, and jurisdiction granted to and imposed on municipal judges of the Courts of Record of the State of Texas by the provisions of State law, City Charter and the ordinances of the City of Coppell. SECTION 2. That the Municipal Judge appointed hereunder shall each serve a term of office of two (2) years, set to conclude September 30, 2026, unless sooner terminated according to the provisions of law. SECTION 3. That the City Manager shall negotiate with the foregoing person such engagement agreement as may be deemed necessary and appropriate and shall execute such contracts on behalf of the City and in conformance with the appointment provided herein. 2 SECTION 4. 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 5. That this ordinance shall take effect immediately from and after its passage and the publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of _____________________________, 2024. APPROVED: __________________________________________ WES MAYS, MAYOR ATTEST: __________________________________________ ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: _________________________________________ ROBERT E. HAGER, CITY ATTORNEY CITY OF COPPELL PRESIDING MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 1 CITY OF COPPELL PRESIDING MUNICIPAL COURT JUDGE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the “Agreement”), dated to be effective the 1st day of October 2024, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Sandra White (“Employee”). City and Employee agree as follows: 1. Employment. Beginning on October 1, 2024 Employee will be employed by the City to serve as the Presiding Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. Employee will work no more than 1500 hours in City’s fiscal year (the “Maximum Work Hours”). Employee is appointed by and serves at the pleasure of the City Council, but will work with the City Manager’s Office on day-to-day administrative matters. 2. Duties. Employee will perform the duties and responsibilities set out in the Job Description attached hereto as Exhibit “A” and incorporated herein for all purposes and as may be amended from time to time by City. Employee will perform her duties in a professional, courteous, and timely manner. Employee will establish her work hours consistent with the needs and operations of the Court, and if she is unable to maintain her established work hours on a particular day, she will notify an Alternate Municipal Judge and the Court Administrator at least five (5) business days in advance, except in cases of illness or emergency, in which case Employee will provide as much advance notice as possible. In carrying out her duties, Employee further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Employee further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations, and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as a Municipal Court Judge, Employee will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, sexual orientation or preference, national origin, disability, age, marital status, pregnancy, military or veteran status, citizenship, genetic information, gender identity or expression, or any other characteristic protected by law. 3. Term. The term of this Agreement is through September 30, 2026, unless sooner terminated as provided herein. 4. Compensation. City will pay Employee as follows: a. $125.00 per hour for services rendered, in increments of ¼ hour; b. From time to time, Employee is required to work “on call.” This time refers to time spent by Employee outside her established work hours (including nights, weekends, and holidays) at the request of the City’s Police Department to perform such duties as prisoner arraignments, provide magistrate’s warnings, and issue search and arrest warrants and other requests by the City’s Police Department. Time worked immediately before or after established work hours performing such duties is not CITY OF COPPELL PRESIDING MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 2 considered on call.” During a regular workday, Employee will be paid a minimum of one (1) hour when on call and thereafter in ¼ hour increments. If scheduled for a weekend or city holiday, Employee will be paid a guaranteed minimum of two (2) hours per day and time worked immediately thereafter paid in ¼ hour increments. Employee will report her time on a weekly basis to the Court Administrator. Employee’s compensation will be paid to her net of applicable withholding and in accordance with City’s normal payroll schedule. 5. Employee’s Qualifications. Employee covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of Judicial Conduct. Employee also affirms she has two or more years of experience in the practice of law in the State of Texas. Employee is responsible for any expenses associated with maintaining her Texas bar license. Employee represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas Rules of Evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6. Court Facilities. City will provide a courtroom, jury room, office, office furniture, legal resources, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7. Benefits. Employee is eligible for all legally mandated benefits (such as TMRS and workers’ compensation coverage). Employee is not eligible for and will not receive any of City’s other employee benefits (such as vacation leave, paid sick leave, other paid time off benefits, social security, group health insurance coverage, progressive discipline, and disciplinary appeals). City will pay the costs for Employee to attend up to sixteen (16) hours of continuing judicial education plus any training associated with the Texas Legislative sessions in accordance with Section 4 of this Agreement and the City’s Travel and Expense Reimbursement policy; hours spent attending continuing judicial education will be counted toward the Maximum Work Hours. 8. Training. City will pay costs of and attendance by Employee at the following training: a. Up to sixteen (16) hours of continuing judicial education, b. In years when the Texas Legislature is in session, additional training associated with legislative changes made as a result of the Session, c. Other training required by law, and d. Any other training required by City. All training and reimbursement for training and associated expenses must be in accordance with City’s Travel and Expense Reimbursement policy and its Training and Development policy. All hours spent attending continuing education and other approved training will count towards the Maximum Work Hours. 9. Employee’s Other Clients. Employee may provide her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice CITY OF COPPELL PRESIDING MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 3 Employee agrees that she will not represent a party who is, or who reasonably may be, adverse to the City and/or to one of its employees, a City Council member, or the Mayor or in a matter wherein the City or one of these individuals is, or reasonably may be, a party or witness. 10. Errors & Omissions Insurance Coverage. City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. City will provide coverage to Employee, in her capacity as the Presiding Municipal Court Judge, under its Errors and Omissions policy. 11. Termination. Employee may terminate this Agreement by providing the City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and its Charter. Any accrued compensation owing to Employee through the date of termination will be paid to Employee in full and final satisfaction of this Agreement. 12. Miscellaneous. 12.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 12.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 12.3 This Agreement contains the entire understanding between the parties. 12.4 Employee may not assign this Agreement. 12.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 12.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first above written. THE CITY OF COPPELL ______________________________ Michael Land, City Manager EMPLOYEE ______________________________ Sandra White CITY OF COPPELL PRESIDING MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 4 EXHIBIT A PRESIDING MUNICIPAL COURT JUDGE – JOB DESCRIPTION Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7683 File ID: Type: Status: 2024-7683 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/18/2024File Created: Final Action: Ordinance Re-Appointing Alternate JudgesFile Name: Title: Consider approval of an Ordinance of the City of Coppell, Texas, reappointing Alternate Municipal Judges of the Municipal Court of Record No. 1 of the City of Coppell; authorizing the City Manager to execute an engagement agreement. Notes: Sponsors: Enactment Date: Memo.pdf, Ordinance.pdf, Employment Agreement - Lafferty.pdf, Employment Agreement - Feil.pdf, Employment Agreement - Graham.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7683 Title Consider approval of an Ordinance of the City of Coppell, Texas, reappointing Alternate Municipal Judges of the Municipal Court of Record No. 1 of the City of Coppell; authorizing the City Manager to execute an engagement agreement. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7683) 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 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Traci Leach, Deputy City Manager Date: September 24, 2024 Reference: Consider approval of an Ordinance of the City of Coppell, Texas, appointing Alternate Municipal Judges of the Municipal Court of Record No. 1 of the City of Coppell; authorizing the City Manager to execute an engagement agreement. 2040: Foundation of Sustainable Government Introduction: This item is presented for Council consideration and approval of an Ordinance to re-appoint all three current Municipal Court Alternate Judges for another two (2) year term, ending September 30, 2026. Hon. Kimberly Lafferty, Petere Graham, and Stephen Feil are currently serving as Alternate Judges. There are no changes proposed to the new two-year agreements. Background: Chapter 5 of the Code of Ordinances outlines the Council’s responsibilities related to the Municipal Court. One of those duties is to appoint a Presiding Judge and any Alternate Judges to administer the work of the Court. Judges are appointed for a term of two years and must be licensed attorneys in good standing in Texas, a citizen of the United States, a resident of the State of Texas, and have two or more years’ experience in the practice of law in this state. All current agreements are set to expire September 30, 2024. All of the sitting judges would like to serve another term. Legal: The City Attorney has reviewed the Ordinance. Fiscal Impact: Municipal Judge services are budgeted in the General Fund. The actual impact is dependent upon annual workload. 2 Recommendation: Staff recommends approval of the Ordinance to re-appoint Hon. Kimberly Lafferty, Peter Graham, and Stephen Feil as Alternate Municipal Judges for the Coppell Municipal Court of Record. 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, RE-APPOINTING ALTERNATE MUNICIPAL JUDGES OF THE MUNICIPAL COURT OF RECORD NO. 1 OF THE CITY OF COPPELL; PROVIDING TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ENGAGEMENT AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council previously approved the appointment of Hon. Kimberly Lafferty, Peter Graham, and Stephen Feil as Alternate Judges; and WHEREAS, as provided by the Charter, the City Council may appoint Alternate Judges; and WHEREAS, the Council desires to re-appoint Kimberly Lafferty, Peter Graham, and Stephen Feil as an Alternate Municipal Court Judges of the Coppell Municipal Court No. 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That in accordance with the provisions of the City Charter and State Law, the City Council hereby immediately appoints Kimberly Lafferty, Peter Graham, and Stephen Feil as Alternate Judges to serve the remainder of the unexpired term until September 30, 2026. The Municipal Judge appointed herein shall have and possess the authority, powers, rights, duties, and jurisdiction granted to and imposed on municipal judges of the Courts of Record of the State of Texas by the provisions of State Law, City Charter and the ordinances of the City of Coppell. SECTION 2. That the Municipal Judges appointed hereunder shall each serve the remainder of the unexpired term of office of two (2) years, set to conclude September 30, 2026, unless sooner terminated according to the provisions of law. SECTION 3. That the City Manager shall negotiate with the foregoing persons such engagement agreements as may be deemed necessary and appointment and shall execute such contracts on behalf of the City and in conformance with the appointment provided herein. 2 SECTION 4. 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 5. That this ordinance shall take effect immediately from and after its passage and the publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the day of , 2024. APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 1 CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the “Agreement”), dated to be effective the 1st day of October 2024, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Kimberly Lafferty (“Employee”). City and Employee agree as follows: 1.Employment. Beginning as of October 1, 2024, Employee will be employed by the City to serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. Employee will work no more than 999 hours in City’s fiscal year (the “Maximum Work Hours”). Employee is appointed by and serves at the pleasure of the City Council but will work with the Presiding Judge on day-to-day administrative matters. 2.Duties. Employee will perform the duties and responsibilities set out in the Job Description attached hereto as Exhibit “A” and incorporated herein for all purposes and as may be amended from time to time by City. Employee will perform her duties in a professional, courteous, and timely manner. The Presiding Municipal Court Judge will establish Employee’s work hours consistent with the needs and operations of the Court, and if Employee is unable to maintain her established work hours on a particular day, she will notify the Presiding Judge and the Court Administrator at least five (5) business days in advance, except in cases of illness or emergency, in which case Employee will provide as much advance notice as possible. In carrying out her duties, Employee further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Employee further agrees to conduct her personal business and regulate her work habits and working hours so as to maintain and increase the goodwill, operations, and reputation of the City. In interacting with City employees, citizens, and others with whom she comes into contact as a Municipal Court Judge, Employee will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, sexual orientation or preference, national origin, disability, age, marital status, pregnancy, military or veteran status, citizenship, genetic information, gender identity or expression, or any other characteristic protected by law. 3.Term. The term of this Agreement is through September 30, 2026, unless sooner terminated as provided herein. 4.Compensation. City will pay Employee as follows: a.$125.00 per hour for services rendered, in increments of ¼ hour; b.Up to sixteen (16) hours for attendance at continuing judicial education. In years when the Texas Legislature is in session, the Employee may attend additional training associated with legislative changes made as a result of the Session; and c.On weekends and holidays, on a rotating basis, Employee will be designated as the “on call” Municipal Judge. When designated as “on call”, Employee must timely respond to requests by the City’s Police Department to perform prisoner arraignments, provide CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 2 magistrate’s warnings, and issue search warrants. Employee will be paid a guaranteed minimum of two (2) hours per day when “on call” whether called out or not. If Employee is called out and works more than two hours, compensation shall be paid in ¼ hour increments after the two-hour minimum is met. Employee will report her time on a weekly basis to the Court Administrator. Employee’s compensation will be paid to her net of applicable withholding and in accordance with City’s normal payroll schedule. 5.Employee’s Qualifications. Employee covenants and affirms that she is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of Judicial Conduct. Employee also affirms she has two or more years of experience in the practice of law in the State of Texas. Employee is responsible for any expenses associated with maintaining her Texas bar license. Employee represents and warrants that she has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas Rules of Evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6.Court Facilities. City will provide a courtroom, jury room, office, office furniture, legal resources, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7.Benefits. Employee is eligible for all legally mandated benefits (such as PARS and workers’ compensation coverage). Employee is not eligible for and will not receive any of City’s other employee benefits (such as vacation leave, paid sick leave, other paid time off benefits, social security, group health insurance coverage, progressive discipline, and disciplinary appeals). City will pay the costs for Employee to attend up to sixteen (16) hours of continuing judicial education plus any training associated with the Texas Legislative sessions in accordance with Section 4 of this Agreement and the City’s Travel and Expense Reimbursement policy; hours spent attending continuing judicial education will be counted toward the Maximum Work Hours. 8.Employee’s Other Clients. Employee may provide her professional services to third parties as long as such other work does not interfere or conflict with her duties under this Agreement or reflect unfavorably upon City. Provided, however, that in her private law practice Employee agrees that she will not represent a party who is, or who reasonably may be, adverse to the City and/or to one of its employees, a City Council member, or the Mayor or in a matter wherein the City or one or more of these individuals is, or reasonably may be, a party or witness. 9.Errors & Omissions Insurance Coverage. City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. City will provide coverage to Employee, in her capacity as an Alternate Municipal Court Judge, under its Errors and Omissions policy. CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 3 10.Termination. Employee may terminate this Agreement by providing the City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and its Charter. Any accrued compensation owing to Employee through the date of termination will be paid to Employee in full and final satisfaction of this Agreement. 11.Miscellaneous. 11.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 11.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 11.3 This Agreement contains the entire understanding between the parties. 11.4 Employee may not assign this Agreement. 11.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 11.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first above written. THE CITY OF COPPELL ______________________________ Michael Land, City Manager EMPLOYEE ______________________________ Kimberly Lafferty CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 4 EXHIBIT A ALTERNATE MUNICIPAL COURT JUDGE – JOB DESCRIPTION Municipal Court Position: Alternate Municipal Court Judge Status: Exempt Rev. Date: November 3, 2022 Level: 4 JOB DESCRIPTION Basic Function The Alternate Municipal Court Judge is appointed for a two-year term by the Mayor and City Council. This Judge will perform the duties of magistrate under State law as well as preside as a judge over cases in the Coppell Municipal Court of Record with the primary purpose of administering justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the court. This position performs job duties with professional independence within the framework of City ordinances and State laws applicable to administration of a court of record and judicial proceedings. The Alternate Municipal Court Judge will serve at the pleasure of the governing body of the City and may be removed without cause. This position requires the ability to work outside of typical business hours routinely includi ng weekends, holidays, and evenings due to magistrate duties and “on call” requirements. The Alternate Judge will perform magistrate duties and will be “on call” one or two full weekends per month and some holidays. At times as assigned by the Presiding Municipal Court Judge, the Alternate Municipal Court Judge will preside over municipal court proceedings during the weekdays. Essential Job Functions • Perform magistrate duties for detained persons to include provide rights and warnings required by law, review cases for probable cause and/or warrant confirmations, set bail when appropriate, impose necessary bond conditions for release and enter Magistrate’s Orders for Emergency Protection. • Review time-sensitive search and arrest warrants for probable cause, including after- hours warrants submitted either in person or by electronic means. • Process legal documents from defendants jailed in other agencies on Coppell warrants and compute any applicable jail credit. City of Coppell Human Resour ces Page 2 • Administer statutory required warnings for statement of a child. • Rule on motions filed by attorneys. • Preside over indigent, show cause, juvenile, pre-trial, ordinance, contempt, plea and failure to appear dockets in the disposition of cases at the Court. • Process judgments, Alias, capias and capias profine warrants and other legal documents both manually and digitally in the Court’s software system. • Preside over trials by jury and trials by judge. • Administer official oaths and affirmations and issue subpoenas. • Conduct legal research as necessary on matters before the court and maintain current knowledge of judicial developments. • Process appeals and follow all rules and procedures contained in the ordinances of the City and State law. • Perform other duties as assigned by the Presiding Municipal Court Judge. • Comply with the City’s Employee Policies & Procedures Handbook, including EEO, Prohibited Harassment, & Complaint Procedure Policy. • Embrace and abide by the City’s three anchors related to service and exhibit a commitment to racial equity and equality and fairness for all. City of Coppell Core Competencies Technical Competencies Knowledge and ability to correctly apply professional/specialized expertise; skillfully manage information; properly use tools, equipment, and technology; effectively allocate resources; proactively identify and resolve issues; consistently make sound decisions; correctly execute policy processes and procedures; strictly adhere to/enforce safety polices; consistently produce quality results; proactively plan and organize; consistently provide exceptional customer service. Human Competencies Humble: The noble choice to forgo your status, deploy your resources or use your influence for the good of others beyond yourself – a willingness to hold power in service for others. Motivation of Self & Others: We demonstrate a core desire to serve the Public and the Organization through our commitment, passion, initiative, and drive. Leadership of Self & Others: We motivate, inspire and influence others to strive towards excellence by being participatory, positive, accountable, team focused, influential in goal achievement, and empowering. Service-Oriented: We behave in a friendly and professional manner centering on a desire to address the needs of internal and external customers while respecting their rights and dignity by being people-oriented, helpful, understanding, and compassionate. Trustworthy: We earn the confidence of others by demonstrating both the character and the competence to fulfill our obligations with both integrity and honesty along with ethical, credible behavior. Relational: We establish trust, cooperation, mutual respect, and support with an objective to improve relationships by valuing diversity and being diplomatic/tactful, cooperative, empathetic, broadminded, flexible, respectful and compassionate/caring. City of Coppell Human Resour ces Page 3 Communication: We exchange information and ideas in a manner which results in mutually supported decisions for the greater good by sharing thoughts & feelings, and through persuasiveness, assertiveness, empathic listening, conflict resolution and deliberating/debating. Emotional Maturity: We demonstrate the ability to manage and monitor our emotions and to assess the emotional state of others by understanding stress management, balance, and consistency. Development of Self & Others: We are committed to improving the knowledge, skills, personal qualifications and performance of ourselves and others through mentoring, coaching, counseling/discipline, delegation, and self-development. Conceptual Competencies Organizational Awareness: We are aware of the Organization’s structure and culture for how we do business by understanding organizational structure, departmental impact on organization, interdepartmental relations, organizational culture, organizational development and leadership style. Global Awareness: We stay informed of critical global issues and trends that may impact the Organization by understanding international perspectives, intergovernmental relations, political awareness, media/public relations and legal implications. Community Awareness: We have a sense of the community’s culture and its impact on service delivery by understanding purpose of service, citizen/stakeholder expectations, demographics and branding. Professional Insight: We thoroughly understand our particular professions and apply the principles and ethics required in the professions’ service delivery by applying principles, professional ethics and by understanding futuring/profession trends, legal implications and resource planning. Innovation: We successfully implement ideas that improve and/or add value to service delivery through creative thinking, risk taking, continuous improvement and by being quality minded and a change agent. Critical Thinking: We actively and skillfully conceptualize, apply, analyze, synthesize, and evaluate information to reach a sound answer or conclusion by understanding issue/problem identification, analysis, consequences, and by balancing decision factors. Visioning: We create the future direction of the Organization and understand the efforts and processes needed to achieve it through strategic planning, goal setting, policy development, mission/values and council direction. Minimum Requirements This position requires a Juris Doctor degree from an accredited law school with the ability to maintain mandatory minimum continuing education requirements for Municipal Court Judges in Texas. Must be a licensed attorney in good standing with the State Bar of Texas and have two or more years of experience in the practice of law in this state. Additional preferred qualifications include: seven (7) plus years of experience practicing law in the State of Texas with three (3) years municipal court experience and three (3) years magistrate or magistrate court experience. Prior judicial experience is also preferred. City of Coppell Human Resour ces Page 4 Knowledge of Incode, the court’s software, is preferred as well as experience using LEADRS (Law Enforcement Advanced DUI/DWI Reporting System) to process blood search warrants. Proficiency with Microsoft Office Suite products such as Outlook, Word, Excel, PowerPoint and Teams is preferred and proficiency with Zoom is preferred as well as the ability to speak more than one language. Other Requirements The Alternate Judge should have advanced ability to read and understand legal documents, orders, warrants and judgments as well as the ability to write, compose and edit legal materials, orders, warrants judgments and other related documents. This position also requires an in-depth knowledge of local, state and federal laws affecting a Municipal Court of Record and other applicable court policies and procedures. Work is of the broadest scope dealing with highly complex concepts or issues of great importance to the City. Additionally, the Alternate Judge must have the following skills and abilities: • Able to function well within a team environment, demonstrate a collaborative work style and work efficiently and effectively with elected officials and other city departments including police, fire and code compliance all while maintaining the independence and integrity required of an unbiased judicial authority. • Engage effectively in daily contact with city employees, police personnel, city prosecutors, defendants, prisoners and private attorneys. • Demonstrate analytical, organizational, oral and written communication skills in the performance of all job functions. • Handle multiple assignments and provide timely services. • Work in a paper-light, electronic environment. • Demonstrate emotional stability and a sense of fairness. • Exhibit respect towards argumentative and hostile persons in court and in jail. • Maintain a professional, courteous and judicial demeanor. To successfully perform the daily tasks of this position, the employee needs to be able to: lift and carry various objects and equipment and employ various static and dynamic postures such as handling (gripping & grasping), fingering, turning, talking, hearing, near and far acuity, sitting, squatting, bending, twisting, and balancing. Working Conditions The Alternate Municipal Court Judge reports directly to the Mayor and City Council and works with the City Manager’s Office and Presiding Municipal Court Judge on matters related to the efficiency, effectiveness and scheduling of the Court. The Alternate Municipal Court Judge performs job duties indoors. Security measures are in place due to the responsibilities performed by the court. The environment may include abrasive or upset individuals. This position requires occasional travel for meetings and conferences. CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 1 CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the “Agreement”), dated to be effective the 1st day of October 2024, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Stephen Feil (“Employee”). City and Employee agree as follows: 1.Employment. Beginning as of October 1, 2024, Employee will be employed by the City to serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. Employee will work no more than 999 hours in City’s fiscal year (the “Maximum Work Hours”). Employee is appointed by and serves at the pleasure of the City Council but will work with the Presiding Judge on day-to-day administrative matters. 2.Duties. Employee will perform the duties and responsibilities set out in the Job Description attached hereto as Exhibit “A” and incorporated herein for all purposes and as may be amended from time to time by City. Employee will perform his duties in a professional, courteous, and timely manner. The Presiding Municipal Court Judge will establish Employee’s work hours consistent with the needs and operations of the Court, and if Employee is unable to maintain his established work hours on a particular day, he will notify the Presiding Judge and the Court Administrator at least five (5) business days in advance, except in cases of illness or emergency, in which case Employee will provide as much advance notice as possible. In carrying out his duties, Employee further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Employee further agrees to conduct his personal business and regulate his work habits and working hours so as to maintain and increase the goodwill, operations, and reputation of the City. In interacting with City employees, citizens, and others with whom he comes into contact as a Municipal Court Judge, Employee will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, sexual orientation or preference, national origin, disability, age, marital status, pregnancy, military or veteran status, citizenship, genetic information, gender identity or expression, or any other characteristic protected by law. 3.Term. The term of this Agreement is through September 30, 2026, unless sooner terminated as provided herein. 4.Compensation. City will pay Employee as follows: a.$125.00 per hour for services rendered, in increments of ¼ hour; b.Up to sixteen (16) hours for attendance at continuing judicial education. In years when the Texas Legislature is in session, the Employee may attend additional training associated with legislative changes made as a result of the Session; and c.On weekends and holidays, on a rotating basis, Employee will be designated as the “on call” Municipal Judge. When designated as “on call”, Employee must timely respond to requests by the City’s Police Department to perform prisoner arraignments, provide CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 2 magistrate’s warnings, and issue search warrants. Employee will be paid a guaranteed minimum of two (2) hours per day when “on call” whether called out or not. If Employee is called out and works more than two hours, compensation shall be paid in ¼ hour increments after the two-hour minimum is met. Employee will report his time on a weekly basis to the Court Administrator. Employee’s compensation will be paid to him net of applicable withholding and in accordance with City’s normal payroll schedule. 5.Employee’s Qualifications. Employee covenants and affirms that he is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of Judicial Conduct. Employee also affirms he has two or more years of experience in the practice of law in the State of Texas. Employee is responsible for any expenses associated with maintaining his Texas bar license. Employee represents and warrants that he has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas Rules of Evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6.Court Facilities. City will provide a courtroom, jury room, office, office furniture, legal resources, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7.Benefits. Employee is eligible for all legally mandated benefits (such as PARS and workers’ compensation coverage). Employee is not eligible for and will not receive any of City’s other employee benefits (such as vacation leave, paid sick leave, other paid time off benefits, social security, group health insurance coverage, progressive discipline, and disciplinary appeals). City will pay the costs for Employee to attend up to sixteen (16) hours of continuing judicial education plus any training associated with the Texas Legislative sessions in accordance with Section 4 of this Agreement and the City’s Travel and Expense Reimbursement policy; hours spent attending continuing judicial education will be counted toward the Maximum Work Hours. 8.Employee’s Other Clients. Employee may provide his professional services to third parties as long as such other work does not interfere or conflict with his duties under this Agreement or reflect unfavorably upon City. Provided, however, that in his private law practice Employee agrees that he will not represent a party who is, or who reasonably may be, adverse to the City and/or to one of its employees, a City Council member, or the Mayor or in a matter wherein the City or one or more of these individuals is, or reasonably may be, a party or witness. 9.Errors & Omissions Insurance Coverage. City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. City will provide coverage to Employee, in his capacity as an Alternate Municipal Court Judge, under its Errors and Omissions policy. CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 3 10.Termination. Employee may terminate this Agreement by providing the City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and its Charter. Any accrued compensation owing to Employee through the date of termination will be paid to Employee in full and final satisfaction of this Agreement. 11.Miscellaneous. 11.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 11.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 11.3 This Agreement contains the entire understanding between the parties. 11.4 Employee may not assign this Agreement. 11.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 11.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first above written. THE CITY OF COPPELL ______________________________ Michael Land, City Manager EMPLOYEE ______________________________ Stephen Feil CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 4 EXHIBIT A ALTERNATE MUNICIPAL COURT JUDGE – JOB DESCRIPTION Municipal Court Position: Alternate Municipal Court Judge Status: Exempt Rev. Date: November 3, 2022 Level: 4 JOB DESCRIPTION Basic Function The Alternate Municipal Court Judge is appointed for a two-year term by the Mayor and City Council. This Judge will perform the duties of magistrate under State law as well as preside as a judge over cases in the Coppell Municipal Court of Record with the primary purpose of administering justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the court. This position performs job duties with professional independence within the framework of City ordinances and State laws applicable to administration of a court of record and judicial proceedings. The Alternate Municipal Court Judge will serve at the pleasure of the governing body of the City and may be removed without cause. This position requires the ability to work outside of typical business hours routinely includi ng weekends, holidays, and evenings due to magistrate duties and “on call” requirements. The Alternate Judge will perform magistrate duties and will be “on call” one or two full weekends per month and some holidays. At times as assigned by the Presiding Municipal Court Judge, the Alternate Municipal Court Judge will preside over municipal court proceedings during the weekdays. Essential Job Functions • Perform magistrate duties for detained persons to include provide rights and warnings required by law, review cases for probable cause and/or warrant confirmations, set bail when appropriate, impose necessary bond conditions for release and enter Magistrate’s Orders for Emergency Protection. • Review time-sensitive search and arrest warrants for probable cause, including after- hours warrants submitted either in person or by electronic means. • Process legal documents from defendants jailed in other agencies on Coppell warrants and compute any applicable jail credit. City of Coppell Human Resour ces Page 2 • Administer statutory required warnings for statement of a child. • Rule on motions filed by attorneys. • Preside over indigent, show cause, juvenile, pre-trial, ordinance, contempt, plea and failure to appear dockets in the disposition of cases at the Court. • Process judgments, Alias, capias and capias profine warrants and other legal documents both manually and digitally in the Court’s software system. • Preside over trials by jury and trials by judge. • Administer official oaths and affirmations and issue subpoenas. • Conduct legal research as necessary on matters before the court and maintain current knowledge of judicial developments. • Process appeals and follow all rules and procedures contained in the ordinances of the City and State law. • Perform other duties as assigned by the Presiding Municipal Court Judge. • Comply with the City’s Employee Policies & Procedures Handbook, including EEO, Prohibited Harassment, & Complaint Procedure Policy. • Embrace and abide by the City’s three anchors related to service and exhibit a commitment to racial equity and equality and fairness for all. City of Coppell Core Competencies Technical Competencies Knowledge and ability to correctly apply professional/specialized expertise; skillfully manage information; properly use tools, equipment, and technology; effectively allocate resources; proactively identify and resolve issues; consistently make sound decisions; correctly execute policy processes and procedures; strictly adhere to/enforce safety polices; consistently produce quality results; proactively plan and organize; consistently provide exceptional customer service. Human Competencies Humble: The noble choice to forgo your status, deploy your resources or use your influence for the good of others beyond yourself – a willingness to hold power in service for others. Motivation of Self & Others: We demonstrate a core desire to serve the Public and the Organization through our commitment, passion, initiative, and drive. Leadership of Self & Others: We motivate, inspire and influence others to strive towards excellence by being participatory, positive, accountable, team focused, influential in goal achievement, and empowering. Service-Oriented: We behave in a friendly and professional manner centering on a desire to address the needs of internal and external customers while respecting their rights and dignity by being people-oriented, helpful, understanding, and compassionate. Trustworthy: We earn the confidence of others by demonstrating both the character and the competence to fulfill our obligations with both integrity and honesty along with ethical, credible behavior. Relational: We establish trust, cooperation, mutual respect, and support with an objective to improve relationships by valuing diversity and being diplomatic/tactful, cooperative, empathetic, broadminded, flexible, respectful and compassionate/caring. City of Coppell Human Resour ces Page 3 Communication: We exchange information and ideas in a manner which results in mutually supported decisions for the greater good by sharing thoughts & feelings, and through persuasiveness, assertiveness, empathic listening, conflict resolution and deliberating/debating. Emotional Maturity: We demonstrate the ability to manage and monitor our emotions and to assess the emotional state of others by understanding stress management, balance, and consistency. Development of Self & Others: We are committed to improving the knowledge, skills, personal qualifications and performance of ourselves and others through mentoring, coaching, counseling/discipline, delegation, and self-development. Conceptual Competencies Organizational Awareness: We are aware of the Organization’s structure and culture for how we do business by understanding organizational structure, departmental impact on organization, interdepartmental relations, organizational culture, organizational development and leadership style. Global Awareness: We stay informed of critical global issues and trends that may impact the Organization by understanding international perspectives, intergovernmental relations, political awareness, media/public relations and legal implications. Community Awareness: We have a sense of the community’s culture and its impact on service delivery by understanding purpose of service, citizen/stakeholder expectations, demographics and branding. Professional Insight: We thoroughly understand our particular professions and apply the principles and ethics required in the professions’ service delivery by applying principles, professional ethics and by understanding futuring/profession trends, legal implications and resource planning. Innovation: We successfully implement ideas that improve and/or add value to service delivery through creative thinking, risk taking, continuous improvement and by being quality minded and a change agent. Critical Thinking: We actively and skillfully conceptualize, apply, analyze, synthesize, and evaluate information to reach a sound answer or conclusion by understanding issue/problem identification, analysis, consequences, and by balancing decision factors. Visioning: We create the future direction of the Organization and understand the efforts and processes needed to achieve it through strategic planning, goal setting, policy development, mission/values and council direction. Minimum Requirements This position requires a Juris Doctor degree from an accredited law school with the ability to maintain mandatory minimum continuing education requirements for Municipal Court Judges in Texas. Must be a licensed attorney in good standing with the State Bar of Texas and have two or more years of experience in the practice of law in this state. Additional preferred qualifications include: seven (7) plus years of experience practicing law in the State of Texas with three (3) years municipal court experience and three (3) years magistrate or magistrate court experience. Prior judicial experience is also preferred. City of Coppell Human Resour ces Page 4 Knowledge of Incode, the court’s software, is preferred as well as experience using LEADRS (Law Enforcement Advanced DUI/DWI Reporting System) to process blood search warrants. Proficiency with Microsoft Office Suite products such as Outlook, Word, Excel, PowerPoint and Teams is preferred and proficiency with Zoom is preferred as well as the ability to speak more than one language. Other Requirements The Alternate Judge should have advanced ability to read and understand legal documents, orders, warrants and judgments as well as the ability to write, compose and edit legal materials, orders, warrants judgments and other related documents. This position also requires an in-depth knowledge of local, state and federal laws affecting a Municipal Court of Record and other applicable court policies and procedures. Work is of the broadest scope dealing with highly complex concepts or issues of great importance to the City. Additionally, the Alternate Judge must have the following skills and abilities: • Able to function well within a team environment, demonstrate a collaborative work style and work efficiently and effectively with elected officials and other city departments including police, fire and code compliance all while maintaining the independence and integrity required of an unbiased judicial authority. • Engage effectively in daily contact with city employees, police personnel, city prosecutors, defendants, prisoners and private attorneys. • Demonstrate analytical, organizational, oral and written communication skills in the performance of all job functions. • Handle multiple assignments and provide timely services. • Work in a paper-light, electronic environment. • Demonstrate emotional stability and a sense of fairness. • Exhibit respect towards argumentative and hostile persons in court and in jail. • Maintain a professional, courteous and judicial demeanor. To successfully perform the daily tasks of this position, the employee needs to be able to: lift and carry various objects and equipment and employ various static and dynamic postures such as handling (gripping & grasping), fingering, turning, talking, hearing, near and far acuity, sitting, squatting, bending, twisting, and balancing. Working Conditions The Alternate Municipal Court Judge reports directly to the Mayor and City Council and works with the City Manager’s Office and Presiding Municipal Court Judge on matters related to the efficiency, effectiveness and scheduling of the Court. The Alternate Municipal Court Judge performs job duties indoors. Security measures are in place due to the responsibilities performed by the court. The environment may include abrasive or upset individuals. This position requires occasional travel for meetings and conferences. CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 1 CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the “Agreement”), dated to be effective the 1st day of October 2024, is entered into by and between the City of Coppell (“City”), a home rule municipal corporation situated in Dallas County, Texas, and Peter Graham (“Employee”). City and Employee agree as follows: 1.Employment. Beginning as of October 1, 2024, Employee will be employed by the City to serve as the Alternate Municipal Court Judge of the Coppell Municipal Court No. 1 pursuant to Section 4.06 of the City’s Home Rule Charter and applicable City ordinances. Employee will work no more than 999 hours in City’s fiscal year (the “Maximum Work Hours”). Employee is appointed by and serves at the pleasure of the City Council but will work with the Presiding Judge on day-to-day administrative matters. 2.Duties. Employee will perform the duties and responsibilities set out in the Job Description attached hereto as Exhibit “A” and incorporated herein for all purposes and as may be amended from time to time by City. Employee will perform his duties in a professional, courteous, and timely manner. The Presiding Municipal Court Judge will establish Employee’s work hours consistent with the needs and operations of the Court, and if Employee is unable to maintain his established work hours on a particular day, he will notify the Presiding Judge and the Court Administrator at least five (5) business days in advance, except in cases of illness or emergency, in which case Employee will provide as much advance notice as possible. In carrying out his duties, Employee further agrees to comply with all applicable federal, state, and local laws, rules and regulations. Employee further agrees to conduct his personal business and regulate his work habits and working hours so as to maintain and increase the goodwill, operations, and reputation of the City. In interacting with City employees, citizens, and others with whom he comes into contact as a Municipal Court Judge, Employee will not engage in any discriminatory or harassing conduct based on race, religion, color, sex, sexual orientation or preference, national origin, disability, age, marital status, pregnancy, military or veteran status, citizenship, genetic information, gender identity or expression, or any other characteristic protected by law. 3.Term. The term of this Agreement is through September 30, 2026, unless sooner terminated as provided herein. 4.Compensation. City will pay Employee as follows: a.$125.00 per hour for services rendered, in increments of ¼ hour; b.Up to sixteen (16) hours for attendance at continuing judicial education. In years when the Texas Legislature is in session, the Employee may attend additional training associated with legislative changes made as a result of the Session; and c.On weekends and holidays, on a rotating basis, Employee will be designated as the “on call” Municipal Judge. When designated as “on call”, Employee must timely respond to requests by the City’s Police Department to perform prisoner arraignments, provide CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 2 magistrate’s warnings, and issue search warrants. Employee will be paid a guaranteed minimum of two (2) hours per day when “on call” whether called out or not. If Employee is called out and works more than two hours, compensation shall be paid in ¼ hour increments after the two-hour minimum is met. Employee will report his time on a weekly basis to the Court Administrator. Employee’s compensation will be paid to him net of applicable withholding and in accordance with City’s normal payroll schedule. 5.Employee’s Qualifications. Employee covenants and affirms that he is, and during the term of this Agreement will remain: a Texas resident; a citizen of the United States; an attorney in good standing and licensed by the State Bar of Texas; and, in compliance with the Texas Code of Judicial Conduct. Employee also affirms he has two or more years of experience in the practice of law in the State of Texas. Employee is responsible for any expenses associated with maintaining his Texas bar license. Employee represents and warrants that he has a thorough knowledge of City and Texas laws, including appellate court rulings as they pertain to a court of limited jurisdiction, the Texas Code of Criminal Procedure, the Texas Penal Code, the Texas Rules of Evidence, trial and courtroom procedures, and the functions and operations of a Court of Record. 6.Court Facilities. City will provide a courtroom, jury room, office, office furniture, legal resources, and other facilities and supplies necessary for the proper operation of its Municipal Court. 7.Benefits. Employee is eligible for all legally mandated benefits (such as PARS and workers’ compensation coverage). Employee is not eligible for and will not receive any of City’s other employee benefits (such as vacation leave, paid sick leave, other paid time off benefits, social security, group health insurance coverage, progressive discipline, and disciplinary appeals). City will pay the costs for Employee to attend up to sixteen (16) hours of continuing judicial education plus any training associated with the Texas Legislative sessions in accordance with Section 4 of this Agreement and the City’s Travel and Expense Reimbursement policy; hours spent attending continuing judicial education will be counted toward the Maximum Work Hours. 8.Employee’s Other Clients. Employee may provide his professional services to third parties as long as such other work does not interfere or conflict with his duties under this Agreement or reflect unfavorably upon City. Provided, however, that in his private law practice Employee agrees that he will not represent a party who is, or who reasonably may be, adverse to the City and/or to one of its employees, a City Council member, or the Mayor or in a matter wherein the City or one or more of these individuals is, or reasonably may be, a party or witness. 9.Errors & Omissions Insurance Coverage. City has an Errors and Omissions insurance policy covering its officers, directors, and elected and appointed officials. This policy covers monetary damages arising out of civil claims resulting from wrongful acts by such individuals while acting within the scope of their duties. City will provide coverage to Employee, in his capacity as an Alternate Municipal Court Judge, under its Errors and Omissions policy. CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 3 10.Termination. Employee may terminate this Agreement by providing the City Manager with thirty (30) days’ prior written notice. The City may terminate this Agreement in accordance with applicable law and its Charter. Any accrued compensation owing to Employee through the date of termination will be paid to Employee in full and final satisfaction of this Agreement. 11.Miscellaneous. 11.1 If any term, covenant, or condition of this Agreement is invalid or unenforceable, the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law. 11.2 Any change or amendment to this Agreement must be in writing and signed by both parties. 11.3 This Agreement contains the entire understanding between the parties. 11.4 Employee may not assign this Agreement. 11.5 This Agreement, and the rights and obligations of the parties, will be governed and construed in accordance with the laws of the State of Texas. Venue will be in Dallas County. 11.6 The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first above written. THE CITY OF COPPELL ______________________________ Michael Land, City Manager EMPLOYEE ______________________________ Peter Graham CITY OF COPPELL ALTERNATE MUNICIPAL COURT JUDGE – EMPLOYMENT AGREEMENT PAGE 4 EXHIBIT A ALTERNATE MUNICIPAL COURT JUDGE – JOB DESCRIPTION Municipal Court Position: Alternate Municipal Court Judge Status: Exempt Rev. Date: November 3, 2022 Level: 4 JOB DESCRIPTION Basic Function The Alternate Municipal Court Judge is appointed for a two-year term by the Mayor and City Council. This Judge will perform the duties of magistrate under State law as well as preside as a judge over cases in the Coppell Municipal Court of Record with the primary purpose of administering justice in the disposition of cases involving ordinance or statutory misdemeanor violations within the jurisdiction of the court. This position performs job duties with professional independence within the framework of City ordinances and State laws applicable to administration of a court of record and judicial proceedings. The Alternate Municipal Court Judge will serve at the pleasure of the governing body of the City and may be removed without cause. This position requires the ability to work outside of typical business hours routinely includi ng weekends, holidays, and evenings due to magistrate duties and “on call” requirements. The Alternate Judge will perform magistrate duties and will be “on call” one or two full weekends per month and some holidays. At times as assigned by the Presiding Municipal Court Judge, the Alternate Municipal Court Judge will preside over municipal court proceedings during the weekdays. Essential Job Functions • Perform magistrate duties for detained persons to include provide rights and warnings required by law, review cases for probable cause and/or warrant confirmations, set bail when appropriate, impose necessary bond conditions for release and enter Magistrate’s Orders for Emergency Protection. • Review time-sensitive search and arrest warrants for probable cause, including after- hours warrants submitted either in person or by electronic means. • Process legal documents from defendants jailed in other agencies on Coppell warrants and compute any applicable jail credit. City of Coppell Human Resour ces Page 2 • Administer statutory required warnings for statement of a child. • Rule on motions filed by attorneys. • Preside over indigent, show cause, juvenile, pre-trial, ordinance, contempt, plea and failure to appear dockets in the disposition of cases at the Court. • Process judgments, Alias, capias and capias profine warrants and other legal documents both manually and digitally in the Court’s software system. • Preside over trials by jury and trials by judge. • Administer official oaths and affirmations and issue subpoenas. • Conduct legal research as necessary on matters before the court and maintain current knowledge of judicial developments. • Process appeals and follow all rules and procedures contained in the ordinances of the City and State law. • Perform other duties as assigned by the Presiding Municipal Court Judge. • Comply with the City’s Employee Policies & Procedures Handbook, including EEO, Prohibited Harassment, & Complaint Procedure Policy. • Embrace and abide by the City’s three anchors related to service and exhibit a commitment to racial equity and equality and fairness for all. City of Coppell Core Competencies Technical Competencies Knowledge and ability to correctly apply professional/specialized expertise; skillfully manage information; properly use tools, equipment, and technology; effectively allocate resources; proactively identify and resolve issues; consistently make sound decisions; correctly execute policy processes and procedures; strictly adhere to/enforce safety polices; consistently produce quality results; proactively plan and organize; consistently provide exceptional customer service. Human Competencies Humble: The noble choice to forgo your status, deploy your resources or use your influence for the good of others beyond yourself – a willingness to hold power in service for others. Motivation of Self & Others: We demonstrate a core desire to serve the Public and the Organization through our commitment, passion, initiative, and drive. Leadership of Self & Others: We motivate, inspire and influence others to strive towards excellence by being participatory, positive, accountable, team focused, influential in goal achievement, and empowering. Service-Oriented: We behave in a friendly and professional manner centering on a desire to address the needs of internal and external customers while respecting their rights and dignity by being people-oriented, helpful, understanding, and compassionate. Trustworthy: We earn the confidence of others by demonstrating both the character and the competence to fulfill our obligations with both integrity and honesty along with ethical, credible behavior. Relational: We establish trust, cooperation, mutual respect, and support with an objective to improve relationships by valuing diversity and being diplomatic/tactful, cooperative, empathetic, broadminded, flexible, respectful and compassionate/caring. City of Coppell Human Resour ces Page 3 Communication: We exchange information and ideas in a manner which results in mutually supported decisions for the greater good by sharing thoughts & feelings, and through persuasiveness, assertiveness, empathic listening, conflict resolution and deliberating/debating. Emotional Maturity: We demonstrate the ability to manage and monitor our emotions and to assess the emotional state of others by understanding stress management, balance, and consistency. Development of Self & Others: We are committed to improving the knowledge, skills, personal qualifications and performance of ourselves and others through mentoring, coaching, counseling/discipline, delegation, and self-development. Conceptual Competencies Organizational Awareness: We are aware of the Organization’s structure and culture for how we do business by understanding organizational structure, departmental impact on organization, interdepartmental relations, organizational culture, organizational development and leadership style. Global Awareness: We stay informed of critical global issues and trends that may impact the Organization by understanding international perspectives, intergovernmental relations, political awareness, media/public relations and legal implications. Community Awareness: We have a sense of the community’s culture and its impact on service delivery by understanding purpose of service, citizen/stakeholder expectations, demographics and branding. Professional Insight: We thoroughly understand our particular professions and apply the principles and ethics required in the professions’ service delivery by applying principles, professional ethics and by understanding futuring/profession trends, legal implications and resource planning. Innovation: We successfully implement ideas that improve and/or add value to service delivery through creative thinking, risk taking, continuous improvement and by being quality minded and a change agent. Critical Thinking: We actively and skillfully conceptualize, apply, analyze, synthesize, and evaluate information to reach a sound answer or conclusion by understanding issue/problem identification, analysis, consequences, and by balancing decision factors. Visioning: We create the future direction of the Organization and understand the efforts and processes needed to achieve it through strategic planning, goal setting, policy development, mission/values and council direction. Minimum Requirements This position requires a Juris Doctor degree from an accredited law school with the ability to maintain mandatory minimum continuing education requirements for Municipal Court Judges in Texas. Must be a licensed attorney in good standing with the State Bar of Texas and have two or more years of experience in the practice of law in this state. Additional preferred qualifications include: seven (7) plus years of experience practicing law in the State of Texas with three (3) years municipal court experience and three (3) years magistrate or magistrate court experience. Prior judicial experience is also preferred. City of Coppell Human Resour ces Page 4 Knowledge of Incode, the court’s software, is preferred as well as experience using LEADRS (Law Enforcement Advanced DUI/DWI Reporting System) to process blood search warrants. Proficiency with Microsoft Office Suite products such as Outlook, Word, Excel, PowerPoint and Teams is preferred and proficiency with Zoom is preferred as well as the ability to speak more than one language. Other Requirements The Alternate Judge should have advanced ability to read and understand legal documents, orders, warrants and judgments as well as the ability to write, compose and edit legal materials, orders, warrants judgments and other related documents. This position also requires an in-depth knowledge of local, state and federal laws affecting a Municipal Court of Record and other applicable court policies and procedures. Work is of the broadest scope dealing with highly complex concepts or issues of great importance to the City. Additionally, the Alternate Judge must have the following skills and abilities: • Able to function well within a team environment, demonstrate a collaborative work style and work efficiently and effectively with elected officials and other city departments including police, fire and code compliance all while maintaining the independence and integrity required of an unbiased judicial authority. • Engage effectively in daily contact with city employees, police personnel, city prosecutors, defendants, prisoners and private attorneys. • Demonstrate analytical, organizational, oral and written communication skills in the performance of all job functions. • Handle multiple assignments and provide timely services. • Work in a paper-light, electronic environment. • Demonstrate emotional stability and a sense of fairness. • Exhibit respect towards argumentative and hostile persons in court and in jail. • Maintain a professional, courteous and judicial demeanor. To successfully perform the daily tasks of this position, the employee needs to be able to: lift and carry various objects and equipment and employ various static and dynamic postures such as handling (gripping & grasping), fingering, turning, talking, hearing, near and far acuity, sitting, squatting, bending, twisting, and balancing. Working Conditions The Alternate Municipal Court Judge reports directly to the Mayor and City Council and works with the City Manager’s Office and Presiding Municipal Court Judge on matters related to the efficiency, effectiveness and scheduling of the Court. The Alternate Municipal Court Judge performs job duties indoors. Security measures are in place due to the responsibilities performed by the court. The environment may include abrasive or upset individuals. This position requires occasional travel for meetings and conferences. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7677 File ID: Type: Status: 2024-7677 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 09/17/2024File Created: Final Action: FY25Work PlanFile Name: Title: Consider approval of the Work Plan for Fiscal Year 2025. Notes: Sponsors: Enactment Date: Memo.pdf, FY25WorkPlan-Final.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7677 Title Consider approval of the Work Plan for Fiscal Year 2025. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] 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 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7677) Page 2City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Traci Leach, Deputy City Manager Date: September 24, 2024 Reference: Consider approval of the Work Plan for Fiscal Year 2025. 2040: All Introduction: This agenda item is presented for City Council consideration and approval of the FY25 Work Plan. The draft work plan was presented to the Council during the September 10, 2024, Work Session. No additional comments or revisions were received after the Work Session. Background: The proposed FY 2025 Council Goals and Staff Work Plan was developed in response to the work and direction provided by the Coppell City Council during the January 2024 Council Retreat with some additional input around the Vision 2040 Plan. The results of the Council’s work were incorporated into the development of the proposed 2024-25 Budget and provides the direction for staff’s activities in accomplishing the Council’s stated goals for the upcoming fiscal year. The document is formatted as it has been in the past to reflect the Vision 2040 Pillars and Goals. The first column identifies the 2040 Pillar. The second column identifies the 2040 Goals as prioritized by the Council during the January retreat and in support of the specific pillar. The third column identifies the work plan objectives in support of the Council adopted pillars and goals. Work on these items will begin after October 1, 2024, with the start of the new fiscal year. Benefit to the Community: As a community, Coppell has been intentional about future planning, as reflected in Vision 2030 and Vision 2040 Strategic Plans. Over the years, City Councils have been faithful in their execution and pursuit of the goals and priorities identified in the City’s respective Strategic Plans. Continuing to focus on implementation of Vision 2040 Strategic Plan will progress our community forward. Legal Review: N/A 2 Fiscal Impact: N/A Recommendation: Staff recommends approval of the FY25 Work Plan, as presented. Icon Goal FY 25Work Plan Objective Responsibility Status Complete Year Two of the Allyship Initiative Evolution EX Host mini neighborhood summits CD Explore refit and refurbishment of older housing stock Explore design standards of redevelopment PW/CD Establish programs to protect the unique character of single-family community oasis nodes Explore funding options for neighborhood beautification grants CD Implement the Coppell Active Adult Network CD Explore accessory dwelling units for coverage requirements CD Explore multi-generational housing options CD Explore options to provide Old Town patrons with real-time parking information PW/ES/CD Explore wayfinding and site amenity map solutions CMO/PW Explore the creation of an Arts District designation in conjunction with the Coppell Arts Center including affordable housing for artists, maker space, art studios, and incubators CD Formalize autonomous shuttle feasibility study/partner with county PW Partner with Small Business Development Center to host a training classes for businesses in Old Town CD Include and create a special area plan into the comp plan update CD Conduct an education campaign to business about the changes to code and ordinances CD Hold public engagement about the Comprehensive Plan CD Explore findings from retail survey with retail consultant CD Encourage redevelopment of "hot spots" along commercia/retail corridors as major creativity zones Study 3-D printing center in Carrollton ES/CD Explore design standards of redevelopment PW/CD Complete the development scenarios financial modeling study CD Provide connectivity and applications to support city staff/resources ES Explore use of AI/RPA within the organization to offload repetitive tasks to technology and free employees to focus on higher value tasks ALL Pillar Five: Create Business and Innovation Nodes 2040 Strategy Pillar Four: Future-Oriented Approach to Residential Housing Pillar Three: Enhance the Unique "Community Oasis" Experience Develop a "sense of neighborhood" at an appropriate scale Explore new options for 55 plus (or aging in place) that maintain high standard of living while reducing footprint Support the Old Town area and concept Pillar 7: Apply Smart City Approach to Resource Management Build backbone of Smart Operating Systems for all resource management Explore future trends in retail and re-purposing commercial areas Work with the commercial/ warehouse district on future Version 2.0 and encourage redevelopment of ‘hot spots’ along commercial/retail corridors as major creativity zones Icon Goal FY 25Work Plan Objective Responsibility Status Incorporate conversations about creative revenue sources and stratgies to control expenditures as part of Five Year Forecast process SFE Implement budget software to reduce OT & organization’s time spent to allow for more impact with human services SFE Explore procurement opportunities/programs to reduce cost SFE Build a benefits design strategy with a three-year plan EX Educate community about stewardship efforts CMO Complete Community Experiences Master Plan CE Complete WWTPC feasibility study CE Implement additional payment methods & keep abreast of new trends in how customers prefer to make payments SFE Provide more opportunities to engage with citizens to share information and increase knowledge of total government finances/budget/taxes SFE Begin Veterans Memorial construction CE/PW Begin dog park construction CE/PW Complete Magnolia Park trail CE/PW Begin MacArthur Park inclusive playground project CE/PW Upgrade A/V system used to broadcast public meetings CMO/ES Complete Fire Station 5 construction PW/FD Begin Royal Lane reconstruction PW Complete Service Center PW Begin Justice Center Renovation/Expansion PW/PD Complete Village Parkway Redundancy Project PW Explore 2nd water source PW Transition to compensation maintenance plan EX/SFE/CMO Roll out quarterly Camp Hedgehog for new employees EX Implement learning and development plan and provide dedicated learning opportunities for employees EX Explore strategies to integrate Smart City branding into the overall Marketing Strategy CMO Evaluate knowledge, skills, abilities needed for workforce of future All The City will maintain a quality work force to serve the community. City Services will be provided in a manner that ensures high levels of customer satisfaction As a fiduciary, the City will ensure that there are adequate financial resources to support City services. City Infrastructure will be wellmaintained and consistent with the Council's value proposition. Foundation: Sustainable Government Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7648 File ID: Type: Status: 2024-7648 Agenda Item Consent Agenda 1Version: Reference: In Control: Human Resources 09/06/2024File Created: Final Action: Interlocal Government Agreement with Dallas College File Name: Title: Consider approval of an Interlocal Agreement with Dallas College, to facilitate “Growing in Cultural Agility” Learning Sessions for all City employees, in the amount of $48,000, as budgeted in the General Fund Employee Experience Department; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Interlocal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7648 Title Consider approval of an Interlocal Agreement with Dallas College, to facilitate “Growing in Cultural Agility” Learning Sessions for all City employees, in the amount of $48,000, as budgeted in the General Fund Employee Experience Department; and authorizing the Mayor to sign. Summary The City of Coppell has a history of commitment to cultural competence and allyship, beginning with educational efforts in 2014. Building on this foundation, we are now proposing to partner with Dallas College for the "Growing in Cultural Agility" sessions, which represents the next evolution of our commitment to fostering an inclusive community and workforce. By enhancing the cultural agility of our employees through this partnership with Dallas College, we expect employees will gain knowledge and develop skills to help navigate and thrive in Coppell’s culturally diverse environments, which will translate to more effective and empathetic community engagement. Fiscal Impact: The total fees paid to Dallas College will be $48,000. Funds are budgeted in the General Fund under the Employee Experience department’s fiscal year 2024-2025 budget. Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7648) Staff Recommendation: Staff recommends the City Council approve the Interlocal Government Agreement with Dallas College to facilitate “Growing in Cultural Agility” learning sessions for all City of Coppell employees and authorize the Mayor to sign all necessary documents. Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Page 2City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Laci McKinney, Organizational Effectiveness and Innovation Specialist Matia Messemer, Director of Employee Experience Date: September 24, 2024 Reference: Consider approval of an Interlocal Agreement with Dallas College, to facilitate “Growing in Cultural Agility” Learning Sessions for all City employees, in the amount of $48,000, as budgeted in the General Fund Employee Experience Department; and authorizing the Mayor to sign. 2040: Foster an Inclusive Community Fabric Introduction: The purpose of this agenda item is to request the City Council's support for signing an interlocal government agreement with Dallas College to facilitate learning opportunities for the City of Coppell Employees on “Growing in Cultural Agility”. Background: The City of Coppell has a history of commitment to cultural competence and allyship, beginning with educational efforts in 2014. Building on this foundation, we are now proposing to partner with Dallas College for the "Growing in Cultural Agility" sessions, which represents the next evolution of our commitment to fostering an inclusive community and workforce. Benefit to the Community: By enhancing the cultural agility of our employees through this partnership with Dallas College, we expect employees will gain knowledge and develop skills to help navigate and thrive in Coppell’s culturally diverse environments, which will translate to more effective and empathetic community engagement. Legal Review: As this initiative involves an Interlocal Government Agreement, appropriate legal review was conducted to ensure compliance with all relevant regulations.  2 Fiscal Impact: The fiscal impact of this item is $48,000, as budgeted in the General Fund Employee Experience Department. Recommendation: Staff recommends approval of this item. Page 1 of 7 4869-5934-3579, v. 1 AGREEMENT FOR EDUCATIONAL SERVICES BETWEEN DALLAS COLLEGE AND THE CITY OF COPPELL This Agreement for Educational Services (“Agreement”) is made and entered into by and between Dallas College, a Texas political subdivision of higher education (“College” or “Dallas College”) and The City of Coppell with its Town Center located at 255 E. Parkway Blvd., Coppell, TX 75019 (“Client”). The College and the Client may hereafter be referred to individually as “Party” and collectively as “'Parties.” For and in consideration of the mutual agreements contained herein, the Parties enter into this Agreement under the following terms and conditions: 1. Purpose of Agreement: Pursuant to this Agreement, the College will provide instruction of various non-credit courses to employees of the Client (“Educational Services”). For purposes of this Agreement, employees enrolled and receiving instruction under this Agreement shall be referred to individually as “Student” and collectively as “Students.” The courses that will be provided to the Students, along with additional details about the Educational Services, are listed on Attachment A, which is attached hereto, incorporated herein, and made a part hereof for all purposes. 2. Client Responsibilities: The Client shall perform the following duties: a. Facilitate registration by assisting Students with the completion of College registration forms for courses under this Agreement; b. Provide classroom facilities for instructor-led courses or access and equipment as needed for students enrolled in online courses; c. Ensure Students attend courses at scheduled course delivery dates and times; and d. Pay College for Educational Services in a manner consistent with the billing procedures in Attachment A. 3. College Responsibilities: The College shall perform the following duties: a. Provide qualified instructors to render the Educational Services in accordance with state regulations and policies of the College. The instructor is responsible for maintaining course rolls, and guaranteeing and ensuring instruction will adhere to the stated outcomes of each course under this Agreement; b. Enroll qualified Students into the course; c. Provide course/instructor evaluation to Students at the end of the course; d. Provide College Certificates and accompanying Continuing Education Units (CEUs) for classification of training completed under this Agreement upon request; and e. Invoice the Client following the start date of course(s). 4. Term: Subject to prior termination or revocation of this Agreement, this Agreement shall begin in August. 20, 2024 and end on August 20, 2025 (“Term”). 5. Value: The Educational Services provided by the College will include instruction and materials as described in Attachment A. The total fees paid to the College by the Client under this Agreement in the amount of $48,000 during the Term of the Agreement, unless amended, in writing, by both Parties. Page 2 of 7 4869-5934-3579, v. 1 6.Termination: Either Party may terminate this Agreement, without cause, by providing the other Party with thirty (30) days written notice to the representative designated in Section 11. If this Agreement is terminated while course is underway, Students will be allowed to finish the course in which they are enrolled. In the event of a breach by a Party, no prior notice is necessary, and this Agreement may be terminated immediately. A breach of this Agreement includes but is not limited to: (i) a violation of the policies and rules of College; (ii) a misrepresentation or false statement in this Agreement by one of the Parties; or (iii) non-performance of the Party’s duties pursuant to this Agreement. 7. Payment for Costs Incurred: If the Client cancels a course within 10 business days prior to the mutually agreed course start date, the College may bill the Client for up to 50 percent of uncovered costs incurred by the College and up to 100 percent if canceled within three business days of the course start date. 8. Waiver: The failure of any party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement shall not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. 9.Governing Law and Venue: This Agreement is made in Texas and shall be governed by and construed in accordance with the laws of the state of without reference to choice of law principles. Each party to this Agreement: a.Consents to the exclusive jurisdiction and venue of the federal and state courts located in Dallas County Texas, in any action arising out of or relating to this Agreement; b.Waives any objection it might have to jurisdiction or venue of such forums or that the forum is inconvenient; c.Agrees not to bring any such action in any other jurisdiction or venue to which either party might be entitled by domicile or otherwise. 10. Parol Evidence and Status of Agreement: This Agreement represents the entire Agreement of the parties and there are no representations, inducements, promises, agreements, arrangements or undertakings, oral or written, between the parties to this Agreement other than those set forth in this Agreement and duly executed in writing. 11.Protections of Education Records under FERPA: To the extent Client receives from the College or otherwise has access to, on behalf of the College or in connection with the Client performance under this Agreement, academic and other data pertaining to Students enrolled in the College (“College Records”) protected or made confidential by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and the regulations promulgated thereunder, 34 CFR pt. 99, as each may be amended from time to time (“FERPA”), the College hereby designates the Client as a “School Official” with “Legitimate Educational Interests” in; and the Client acknowledges and agrees that for the purposes of this Agreement, it will be designated as a “School Official” with “Legitimate Educational Interests” in such College Records. As a School Official with Legitimate Educational Interests, as those terms have been interpreted by the U.S. Department of Education under FERPA, the Client agrees to abide by the limitations and requirements imposed by 34 C.F.R. § 99(a) on School Officials. The Client further agrees to maintain such College Records in accordance with the requirements of FERPA. The Client agrees to regard all College Records as confidential and shall not disclose such College Records to any third party, except as permitted or required by this Agreement, required by law, or as otherwise authorize by the College, as appropriate in writing. Page 3 of 7 4869-5934-3579, v. 1 To the extent the Client receives from the College or otherwise has access to, on behalf of the College and in connection with the Client’s performance under this Agreement, personally identifiable Student information (“PII”) from a College Record, the Client agrees to comply with all provisions of FERPA and Texas law as they apply to PII, and to use such PII pursuant to this Agreement and in compliance with the terms and conditions of this Agreement and only for such purposes as may be authorized in this Agreement. As used in this Section, PII means that Student information identified as such in FERPA 20 U.S.C., Sec 1232g and specifically in the definition of "Personally Identifiable Information" in 34 C.F.R. 99.3. Only authorized officers and employees of the Client with a legitimate interest in PII as delineated by the parameters of this Agreement shall view and have access to PII information The Client understands that PII from College Records is confidential and cannot be redisclosed by publishing such information in any way that allows individuals to be directly or indirectly identified. The Client shall not redisclose PII in any way that causes a breach in confidentiality. 12.Notice: All notices or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as property given if sent by e-mail, facsimile transmission or mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: Dallas College To: Vassil Doudov Client Relationship Management Dallas College Garland Center 675 W. Walnut St. Garland, TX 75040 214-360-1213 vdoudov@DallasCollege.edu The City of Coppell To: Matia Messemer Director of Employee Experience Coppell Town Center 255 E. Parkway Blvd. Coppell, TX 75019 972-462-0022 MATIA.MESSEMER@CoppellTX.gov Either party reserves the right to designate in writing to the other party any change of name, change of person, or address to which the notices shall be sent. 13.Amendment and Modification: This Agreement may be amended or modified from time to time only by written agreement signed by each of the Parties. Each such instrument shall be reduced to writing and shall be designated on its face as an amendment or addendum to this Agreement, whichever is applicable. Page 4 of 7 4869-5934-3579, v. 1 14.Relationship of Parties: The Parties enter into this Agreement as independent contractors. Nothing herein contained shall be deemed to create an employment, agency, joint venture or partnership relationship between the Parties or any of their agents, representatives, or employees, or any other legal arrangement that would impose liability upon one Party for the act or failure to act of the other Party. Neither Party shall have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of, the other Party, or to bind the other Party in any respect whatsoever. 15.Force Majeure: Neither Party shall be liable to the other Party for any loss or damage of any kind or for any default of delay in the performance of its obligations under this Agreement (except for payment obligations), if and to the extent that the same is caused, directly or indirectly by fire, flood, earthquake, elements of nature, epidemics, global pandemics, quarantines, acts of God, acts of war, terrorism, civil unrest or political, religious, civil or economic strife or any other cause circumstance beyond a party's reasonable control, whether or not foreseeable, as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service, labor disputes, acts of civil or military authority, governmental actions, inability to obtain labor, material, equipment, transportation (each an “Act of Disaster” and collectively "Acts of Disaster"); provided, however, that in the event of an occurrence of an Act of Disaster, the non-performing Party shall promptly notify the other Party of the occurrence of an Act of Disaster, its effect on performance, and how long the non-performing Party expects it to last. Thereafter the non-performing Party shall update the other Party as reasonably necessary. During an Act of Disaster event, the non-performing Party shall use reasonable efforts to limit damages to the other Party and to resume its performance under this Agreement. 16. Copying: No portion of the Educational Services provided herein shall be copied or reproduced in any form without the written consent of the College. 17.Assignment. Neither party shall assign this Agreement without the prior written consent of the other, provided, however, that the rights and obligations of the Client hereunder may be assigned by Client without consent of the College to any corporation to which is also assigned or transferred substantially all of the assets of that portion of the Client’s business to which this Agreement pertains. 18.Indemnity. The College agrees to be responsible for its own acts of negligence and the Agency agrees to be responsible for its own acts of negligence, which may arise in connection with any and all claims for damages, costs and expenses to person or persons and property that may arise out of or be occasioned by this Agreement or any of its activities or from any act or omission of any employee or invitee of College or the Agency. This obligation shall be construed for the benefit of the Parties hereto, and not for the benefit of any third parties nor to create liability for the benefit of any third parties, nor to deprive the Parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. 19.Dispute Resolution Process. The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by the College and Client to attempt to resolve any claim for breach of contract made by Client that cannot be resolved in the ordinary course of business. Client shall submit written notice of a claim of breach of contract under this Chapter to the College’s chief Page 5 of 7 4869-5934-3579, v. 1 business officer who shall examine Client’s claim and any counterclaim and negotiate with Client in an effort to resolve the claim. 20.Public Information: a.Client acknowledges that College is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law. b.Upon College’s written request, Client will provide specified public information exchanged or created under this Agreement that is not otherwise excepted from disclosure under chapter 552, Texas Government Code, to the College in a non- proprietary format acceptable to College. As used in this provision, “public information” has the meaning assigned Section 552.002, Texas Government Code, but only includes information to which College has a right of access. Client acknowledges that College is required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code. 21.Certification Regarding Business with Certain Countries and Organizations. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Client certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Client acknowledges this Agreement may be terminated if this certification is inaccurate. 22.Eligibility to Receive Payment. In accordance with Section 231.006 of the Texas Family Code and Sections 2155.004 and 2155.006 of the Texas Government Code, Client certifies that it is not ineligible to receive the Agreement and payments under the Agreement and acknowledges that Dallas College may terminate the Agreement and/or withhold payment if this certification is inaccurate. 23.Payment of Debt/Delinquency to the State. Client certifies that it is not indebted to the State of Texas and is current on all taxes owed to the State of Texas. Any payments owed to Client under the Agreement may be applied directly toward any debt or delinquency that Client owes the State of Texas or any Client of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full. Texas Government Code, Sections 2107.008 and 2252.903. 24.The Participating Parties represent and covenant that their respective financial obligations and liability hereunder shall constitute operating expenses of the Parties’ general fund payable from current funds annually budgeted and appropriated, therefore. 25.Compliance with Higher Education Coordinating Rules: Under the terms and conditions of this Agreement: a.Any course(s) will remain under the sole and direct control of the College. b.Any instructor(s) provided by the Client must meet qualifications stipulated by College. c.College retains supervision of instructors that it provides. d. College will approve course curriculum provided by Client if curriculum meets appropriate standards. e.If the Texas Higher Education Coordinating Board adopts new rules during the term of this Agreement, these new rules shall prevail. Page 6 of 7 4869-5934-3579, v. 1 26. Nondiscrimination: Parties to this Agreement shall not discriminate on the basis of race, color, gender, national origin, religion, age, disability, sexual orientation, gender identity, gender expression, or any other basis prohibited by law. 27. Signatory Clause: The individuals executing this Agreement on behalf of Dallas College and The City of Coppell acknowledge that they are duly authorized to execute this Agreement. All parties hereby acknowledge that they have read, understood and shall comply with the terms and conditions of this Agreement and its Attachment A. This Agreement shall not become effective until executed by each party. Therefore, the parties to this Agreement shall begin their respective duties only after each party has signed and dated this Agreement. DALLAS COLLEGE By: ______________________________________________ ______________________ Iris Freemon Date Interim Vice Chancellor, Advancement and Innovation THE CITY OF COPPELL By: ______________________________________________ ______________________ Date Wes MaysMayor City of Coppell Page 7 of 7 4869-5934-3579, v. 1 Attachment A Description of Educational Services Schedule of Services: The Client shall provide the College with proposed written schedules of dates and times for the courses no less than ten business days in advance of the dates that the Client wishes the courses to begin. Upon approval of any schedule and availability of instructor, the College will make a good-faith effort to schedule the courses for the date and time requested. The College shall not, in any event, be liable for the unavailability of the courses. Participant Course Size: Up to 20 students can participate in the training per course. If enrollment exceeds this parameter, the parties shall mutually determine the need to cancel, reschedule or proceed with the training. Materials and Supplies: Pricing is inclusive of instruction and materials. Registration and Completion: Students will be registered utilizing a College Individual enrollment form. The instructor will take attendance for the course. Upon request, the College will issue a certificate of completion for Students who have successfully completed the course under this Agreement. Successful completion is based upon attendance. Fees: The total cost of the agreement will be $48,000 for up to 20 students. The fees include tuition and materials. Billing Procedures and The College will set up the course in the College registration system Records Management: and enroll participants on the first day of class. The Client will be invoiced after the course start date. Facilities: The Client will provide appropriate classroom facilities and equipment for the training. Course projected to be offered: Project Management and Cultural Agility $250 per hour * 8 hours per day = $2000 per day Up to $48,000 for 24 courses TOTAL: Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7663 File ID: Type: Status: 2024-7663 Agenda Item Consent Agenda 1Version: Reference: In Control: Human Resources 09/13/2024File Created: Final Action: UMR Renewal 2024-2025File Name: Title: Consider approval of renewing with United Medical Resources (UMR), for third party administrative services to administer the City’s medical and prescription drug plans, in the amount of $190,339.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Renewal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7663 Title Consider approval of renewing with United Medical Resources (UMR), for third party administrative services to administer the City’s medical and prescription drug plans, in the amount of $190,339.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Summary In strong support of the City Council’s Vision 2040 goal to maintain a quality workforce to serve the community, the City provides employees with medical and prescription drug insurance coverage. The medical and prescription drug plans are partially self-funded, so all medical claims are processed and adjudicated on behalf of the City’s plan by a Third-Party Administrator (TPA). The City has selected United Medical Resources (UMR) as the TPA and is eligible for renewal for the 2024-2025 benefit plan year. UMR has provided TPA services for the City of Coppell for the past seventeen years, and the City has enjoyed strong service, pricing, and high quality care through access to UMR’s Preferred Provider Organization (PPO) network. UMR administrative services include medical, health reimbursement arrangement (HRA), claims processing, utilization review, ID card generation, internet-based web portal for employees to access claims utilization, and run-out claims Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7663) administration. Fiscal Impact: The City’s benefits consultant, HUB International, Inc. (HUB) negotiated a strong renewal with UMR on the City’s behalf. The administration fee renewal from UMR was originally a 7% increase. It was negotiated to a 2% increase, which is $3,758 above the current cost. Included in the 2024-2025 renewal with UMR is a $15,000 premium credit which will be applied to the October 2024 invoice. New Performance Guarantees have been put in place on the plan regarding UMR’s financial accuracy and claims processing turnaround time. There are performance standards that are expected to be met, and if they are not there is a penalty incurred. HUB also introduced UMR’s Cost Reduction & Savings (CRS) Enhanced Program as another way to help control non-network claim expenses. This CRS Enhanced Program is estimated to yield $76,217 in claims cost savings. The net estimated savings of HUB negotiations with UMR for the 2024-2025 renewal total $87,459. The total fixed cost for renewing with UMR as the City’s TPA for 2024-2025 is $190,339, which is a 2% increase over the prior year’s fixed cost. This is budgeted in the Self-funded Health Fund. Staff Recommendation: Staff recommends accepting the renewal with United Medical Resources (UMR), for third party administrative services to administer the City’s medical and prescription drug plans, in the amount of $190,339, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Matia Messemer, Director of Employee Experience Date: September 24, 2024 Reference: Consider approval of renewing with United Medical Resources (UMR), for third party administrative services to administer the City’s medical and prescription drug plans, in the amount of $190,339.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: In support of the City Council’s Vision 2040 goal to maintain a quality workforce to serve the community, the City provides employees with medical and prescription drug insurance coverage. The medical and prescription drug plans are partially self-funded, so all medical claims are administered on behalf of the City’s plan by a Third-Party Administrator (TPA). The City has selected United Medical Resources (UMR) as the TPA and is eligible for renewal for the 2024-2025 benefit plan year. Background: UMR has provided TPA services for the City of Coppell for the past seventeen years, and the City has enjoyed strong service, pricing, and high quality care through access to UMR’s Preferred Provider Organization (PPO) network. UMR administrative services include medical, health reimbursement arrangement (HRA), claims processing, utilization review, ID card generation, internet-based web portal for employees to access claims utilization and run-out claims administration. Benefit to the Community: The community is best served when the City can recruit and retain a quality work force that has the technical, human, and conceptual competencies to provide City services in a manner that ensures high levels of customer satisfaction. Offering City employees this medical and prescription drug benefit is a component of the employee value proposition that attracts and retains a quality workforce. Legal Review: The City Attorney reviewed the agreement. 2 Fiscal Impact: The fiscal impact of this item is $190,339.00, as budgeted in the Self-funded Health Fund. Recommendation: Staff recommends approval of this item. © 2024 HUB International Limited.1 Risk & Insurance | Employee Benefits | Retirement & Private Wealth © 2023 HUB International Limited. UMR Renewal 2024 / 2025 Andrew Weegar –Senior Account Executive © 2024 HUB International Limited.2 2024 / 2025 UMR Renewal 1 2 TPA:UMR UMR PBM KPP KPP PPO:Choice Network Choice Network Current 2024 / 2025 Renewal Medical Administration $45.19 $46.06 UHC Dental Credit -$2.00 -$2.00 Net Administration Fee $43.19 $44.06 MONTHLY TOTAL $15,548 $15,862 ANNUAL TOTAL $186,581 $190,339 PERCENTAGE ∆ FROM CURRENT n/a 2.0% DOLLAR CHANGE FROM CURRENT n/a $3,758.40 MEDICAL CALCULATIONS BASED ON: SUBSCRIBER ENROLLMENT 360 Current 2024 / 2025 Renewal TPA UMR UMR TPA Rate Guarantee 1 Year 1 Year Run In/ Out Limitation 12 Months 12 Months Large Case Management Included Included Disease Management Included Included Utilization Review Included Included SPD and Amendments Included Included Cost Management Programs Included Included Retiree Billing $4.38 $4.38 Retiree Premium Account. Admin $4.22 $4,22 Out of Network Shared Savings 22% with 50% cap per claim $12 PEPM (est. $76K savings) Performance Guarantees None Included Allowances / Credits None $15K Premium Credit Notes / Caveats n/a n/a *Not intended to be a contract © 2024 HUB International Limited.3 CRS Enhanced Analysis OON Strategy Months Subs Billed Amount Claim Savings Access Fee PEPM Current OON Strategy CRS Benchmark (22%)12 360 $828,741.96 $582,077.38 $128,057.02 $29.64 New OON strategies CRS Enhanced ($12 PEPM)12 360 $828,741.96 $582,077.38 $51,840.00 $12.00 Savings Under CRS Enhanced ($12 PEPM)$76,217.02 •Current program runs through as line items each month on check register. Under new program, the PEPM will be paid through administrative invoice. •Refer to CRS Enhanced flyer for additional details. © 2024 HUB International Limited.4 UMR Performance Guarantees (NEW) I.Financial Accuracy The TPA agrees that Claim payments, on an aggregated dollar basis, shall be ninety-nine percent (99%) accurate to the plan of benefits. If however, the financial accuracy falls below the agreed upon level, the TPA will give a credit as stated on the table below. Financial Accuracy will be calculated by dividing the total audited dollars paid correctly by the total audited dollars processed. This will be measured on department results. The TPA's Performance Penalty 99% or higher 0% 98.5% to 98.9%1% 98.0% to 98.4%2% Less than 98.0%3% II.Turnaround Time The TPA agrees that ninety percent (90%) of all clean Claims will be processed within 10 business days from the date that the TPA receives all information necessary to adjudicate the Claim. In the event that the TPA's turnaround time falls below the agreed upon level, the TPA will give a credit as stated on the table below. Claims will be considered "processed" when the TPA has released the Claim for payment, denial or request for additional information. This will be measured on department results. The TPA's Performance Penalty 90.0% or higher 0% 85.0% to 89.9%1% 80.0% to 84.9%2% Less than 80.0%3% The TPA agrees that on average, calls will be answered in thirty (30) seconds or less. If calls are answered in more than thirty (30) seconds, the TPA will give a credit as stated on the table below. The TPA's Performance Penalty 30 seconds or less average 0% 31 to 45 seconds average 1% 46 seconds or higher average 2% 2. Abandonment Rate The TPA agrees that on average, three percent (3%) or less of calls may be abandoned. If more than the agreed upon level of calls are abandoned, the TPA will give a credit as stated on the table below. The TPA's Performance Penalty 3.0% or less average 0% 3.1% to 4.0% average 1% More than 4.0% average 2% Aggregate Penalty:The aggregate maximum penalty will not exceed 5% of the annual base medical administration fee and the network access fees. Performance Guarantee Conditions: • Performance Guarantees are for medical claims administration. • Performance Guarantees are measured annually. • Performance Penalties will be credited on the invoice following the annual measurement. • Performance Guarantees are not in effect until a signed administrative service contract is received. • In the event of a pandemic, the TPA reserves the right to revisit or revoke this guarantee. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7679 File ID: Type: Status: 2024-7679 Agenda Item Consent Agenda 1Version: Reference: In Control: Human Resources 09/17/2024File Created: Final Action: Tokio Marine Renewal 2024-2025File Name: Title: Consider approval of renewing with Tokio Marine HCC, for Organ and Tissue Transplant coverage for eligible City of Coppell employees and retirees, in the amount of $74,081.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Renewal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7679 Title Consider approval of renewing with Tokio Marine HCC, for Organ and Tissue Transplant coverage for eligible City of Coppell employees and retirees, in the amount of $74,081.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Summary The City has an insurance policy for organ and tissue transplants separate from the medical plan design. The coverage is a fully insured policy to cover claims and certain related expenses to an organ or tissue transplant. The current provider is Tokio Marine - HCC, and the renewal was provided for consideration with no change to the cost or the plan design. In most cases, organ and tissue transplantation procedures are costly. The City of Coppell decided to carve out these procedures from the self-funded plan and purchase a fully insured plan as a separate policy. This decision helps protect the City’s Self-funded Health Fund from a catastrophic large claim while offering the employee or retiree the treatment needed from a quality provider for a fixed annual premium. Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7679) Fiscal Impact: The fiscal impact of this agenda item is approximately $74,081, which reflects no change in the rates from the prior plan year, and it is budgeted in the Self-funded Health Fund. Staff Recommendation: Staff recommends accepting the renewal with Tokio Marine HCC, for Organ & Tissue Transplant coverage for eligible City of Coppell employees and retirees, in the amount of $74,081, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Matia Messemer, Director of Employee Experience Date: September 13, 2024 Reference: Consider approval of renewing with Tokio Marine HCC, for Organ and Tissue Transplant coverage for eligible City of Coppell employees and retirees, in the amount of $74,081.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: The City has an insurance policy for organ and tissue transplants separate from the medical plan design. The coverage is a fully insured policy to cover claims and certain related expenses to an organ or tissue transplant. The current provider is Tokio Marine – HCC, and the renewal was provided for consideration with no change to the cost or the plan design. Background: In most cases, organ and tissue transplantation procedures are costly. The City of Coppell decided to carve out these procedures from the self-funded plan and purchase a fully insured plan as a separate policy. This decision helps protect the City’s Self-funded Health Fund from a catastrophic large claim while offering the employee or retiree the treatment needed from a quality provider for a fixed annual premium. Benefit to the Community: Offering City employees this fully insured organ and tissue transplant coverage is essential to providing well-rounded benefits that will meet medical needs, while protecting the City’s Self- Funded Health Fund resources. This is a key component in the City’s employee value proposition that attracts and retains a quality workforce. Legal Review: This renewal is tied to the original agreement that was reviewed by the City Attorney. 2 Fiscal Impact: The fiscal impact of this agenda item is $74,081.00, as budgeted in the Self-funded Health Fund. Recommendation: Staff recommends approval of this item. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7680 File ID: Type: Status: 2024-7680 Agenda Item Consent Agenda 1Version: Reference: In Control: Human Resources 09/17/2024File Created: Final Action: Mutual of Omaha RenewalFile Name: Title: Consider approval of the renewal contract with Mutual of Omaha, for Life, Accidental Death and Dismemberment (AD&D), Short Term Disability and Long-Term Disability (LTD) insurance, in the amount of $264,821 as budgeted in FY 2024-2025 General Fund budget; and authorizing the City Manager to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Renewal Agreement.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7680 Title Consider approval of the renewal contract with Mutual of Omaha, for Life, Accidental Death and Dismemberment (AD&D), Short Term Disability and Long-Term Disability (LTD) insurance, in the amount of $264,821 as budgeted in FY 2024-2025 General Fund budget; and authorizing the City Manager to sign. Summary This item is presented for approval of renewing with Mutual of Omaha for Life, Accidental Death and Dismemberment (AD&D), Short Term Disability and Long-Term Disability (LTD) insurance for all eligible employees. These plans cover employees for loss of life, limbs, and disability while covered under this plan. Fiscal Impact: The fiscal impact of this agenda item is $264,821, which reflects no changes in rates or plan coverage from the prior year’s policy. This is budgeted in the General Fund budget for fiscal year 2024-2025. Staff Recommendation: Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7680) Staff recommends approval of the renewal contract with Mutual of Omaha, for the procurement of Life, Accidental Death and Dismemberment (AD&D), Short Term Disability and Long-Term Disability (LTD) insurance for all eligible employees, in the amount of $264,821 as budgeted in FY 2024-2025 General Fund budget; and authorizing the City Manager to sign. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Matia Messemer, Director of Employee Experience Date: September 24, 2024 Reference: Consider approval of the renewal contract with Mutual of Omaha, for Life, Accidental Death and Dismemberment (AD&D), Short Term Disability and Long-Term Disability (LTD) insurance, in the amount of $264,821.00, as budgeted in FY 2024- 2025 General Fund budget; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: This item is presented for approval of contract renewal with Mutual of Omaha for Life, Accidental Death and Dismemberment (AD&D), Short Term Disability and Long-Term Disability (LTD) insurance for all eligible employees. Background: These plans cover employees for loss of life, limbs, and disability while covered under this plan. This renewal reflects no changes in rates or plan coverage from the prior year. Benefit to the Community: The community is best served when the City can recruit and retain a quality work force. Offering City employees Life, Accidental Death and Dismemberment, Long-term Disability, and Short-term Disability benefits strengthens the employee value proposition that attracts and retains a quality workforce. Approval of this item protects City employees and their family’s future in the case of death, dismemberment, or disability. Legal Review: This renewal is tied to the main agreement, which was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item is $264,821.00, as budgeted in the FY 2024-25 General Fund budget. 2 Recommendation: Staff recommends approval of this item. Mutual of Omaha - Confidential ________________________________________________ Renewal Information and Exhibits Prepared For: City of Coppell Group ID: G000BLBT Renewal Effective Date: October 1, 2024 Thank you for choosing Mutual of Omaha Insurance Company or one of its affiliates, as City of Coppell’s benefits provider. It has been our pleasure to provide City of Coppell with group benefits and services that are unique to its needs. We are committed to providing unparalleled service that will meet the needs of our customers. Each renewal period, we analyze current benefit and rate structures to determine the appropriate rates for continued group insurance protection for your valued employees. This process includes recalculation of the premium rates to reflect factors like: • Plan features • Demographics • Experience • Any adjustments to our underlying rate structure Based on our review, please find below the renewal rates for City of Coppell’s benefit plans. We appreciate your business and look forward to the continued opportunity to meet your group insurance needs. Renewal Contact Information Saydie Rusk Renewal Executive Dallas Group Office Saydie.rusk@mutualofomaha.com CITY OF COPPELL LIFE AND AD&D Rate Guarantee Period - October 1, 2024 to October 1, 2025 Additional Value Added Services Included - Employee Assistance Program (EAP), Travel Assistance/Identity Theft Assistance Life Class Description All Eligible Employees Employee Rate Basis - per $1,000 Current Rate Renewal Rate $0.085 $0.085 AD&D Class Description All Eligible Employees Employee Rate Basis - per $1,000 Current Rate Renewal Rate $0.019 $0.019 CITY OF COPPELL VOLUNTARY LIFE AND AD&D Rate Guarantee Period - October 1, 2024 to October 1, 2025 Voluntary Life Class Description All Eligible Employees Employee Rate Basis - per $1,000 Age of Employee Current Rate Renewal Rate Less than 24 $0.073 $0.073 25-29 $0.087 $0.087 30-34 $0.093 $0.093 35-39 $0.116 $0.116 40-44 $0.153 $0.153 45-49 $0.229 $0.229 50-54 $0.373 $0.373 55-59 $0.633 $0.633 60-64 $1.002 $1.002 65-69 $1.659 $1.659 70-74 $2.881 $2.881 75-79 $4.795 $4.795 80-84 $7.845 $7.845 85-89 $7.845 $7.845 90-100 $7.845 $7.845 Spouse Rate Basis - per $1,000 Age of Employee Current Rate Renewal Rate Less than 24 $0.073 $0.073 25-29 $0.087 $0.087 30-34 $0.093 $0.093 35-39 $0.116 $0.116 40-44 $0.153 $0.153 45-49 $0.229 $0.229 50-54 $0.373 $0.373 55-59 $0.633 $0.633 60-64 $1.002 $1.002 65-69 $1.659 $1.659 70-74 $2.881 $2.881 75-79 $4.795 $4.795 80-84 $7.845 $7.845 85-89 $7.845 $7.845 90-100 $7.845 $7.845 Child(ren) Rate Basis - per $1,000 Current Rate Renewal Rate $0.076 $0.076 Voluntary AD&D Class Description All Eligible Employees Employee Rate Basis - per $1,000 Current Rate Renewal Rate $0.018 $0.018 Spouse Rate Basis - per $1,000 Current Rate Renewal Rate $0.02 $0.02 Child(ren) Rate Basis - per $1,000 Current Rate Renewal Rate $0.010 $0.010 CITY OF COPPELL SHORT-TERM DISABILITY Rate Guarantee Period - October 1, 2024 to October 1, 2025 STD Class Description All Eligible Employees Employee Rate Basis - per $10 of Total Weekly Benefit Current Rate Renewal Rate $0.25 $0.25 CITY OF COPPELL LONG-TERM DISABILITY Rate Guarantee Period - October 1, 2024 to October 1, 2025 LTD Class Description All Eligible Employees Employee Rate Basis - per $100 of Monthly Covered Payroll Current Rate Renewal Rate $0.29 $0.29 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7678 File ID: Type: Status: 2024-7678 Agenda Item Consent Agenda 1Version: Reference: In Control: Human Resources 09/17/2024File Created: Final Action: SA Benefit Services Stop Loss Insurance RenewalFile Name: Title: Consider approval of renewing with Liberty Mutual Insurance Company through SA Benefit Services for medical stop loss insurance, in the amount of $462,479.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Excess Loss Insurance Policy.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7678 Title Consider approval of renewing with Liberty Mutual Insurance Company through SA Benefit Services for medical stop loss insurance, in the amount of $462,479.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. Summary This item is presented to consider approval of a contract for Medical Stop Loss Insurance to Liberty Mutual Insurance Company through SA Benefit Services. The City’s medical and prescription drug plans are partially self-funded. To mitigate the cost of large insurance claims costs and the potential for catastrophically large claims to the plan, the City purchases Specific and Aggregate Stop Loss Insurance. The City is currently insured by Liberty Mutual through SA Benefits. Following a formal Request for Proposals process and with over 20 stop loss insurance vendors receiving the City’s claims information for quoting purposes, the finalists were narrowed to two. Liberty Mutual initially presented a slight reduction to rates, however, there was no protection against new laser or rate caps in the contract for the following plan year. The City’s benefits consultant, HUB International, Inc. requested protections be included. The renewal with Liberty Mutual includes a “no new laser” provision and a rate cap for the following plan year of 50%. Page 1City of Coppell, Texas Printed on 9/20/2024 Master Continued (2024-7678) Fiscal Impact: The premium cost for renewing with Liberty Mutual for stop loss insurance for the 2024-2025 benefit plan year will be $462,479. This represents and increase of $20,124, or 3.2% There are no new lasers on specific high claimants and the aggregate factors for the insurance coverage at a rate pass. This is budgeted in the Self-funded Health Fund. Staff Recommendation: Staff recommends approval of renewing with Liberty Mutual Insurance Company through SA Benefit Services for medical stop loss insurance, in the amount of $462,479, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 9/20/2024 1 MEMORANDUM To: Mayor and City Council From: Matia Messemer, Director of Employee Experience Date: September 24, 2024 Reference: Consider approval of renewing with Liberty Mutual Insurance Company through SA Benefit Services for medical stop loss insurance, in the amount of $462,479.00, as budgeted in the Self-funded Health Fund; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable Government Introduction: This item is presented to consider approval of a contract for Medical Stop Loss Insurance to Liberty Mutual Insurance Company through SA Benefit Services. The City’s medical and prescription drug plans are partially self-funded. To mitigate the cost of large insurance claims costs and the potential for catastrophically large claims to the plan, the City purchases Specific and Aggregate Stop Loss Insurance. The City is currently insured by Liberty Mutual through SA Benefits. Background: Following a formal Request for Proposals process with over 20 stop loss insurance vendors receiving the City’s claims information for quoting purposes, the finalists were narrowed to two. Liberty Mutual, the current provider through SA Benefit Services, presented the best option for plan year 2024-2025. Liberty Mutual initially presented a renewal with a slight reduction to rates, however, there was no protection against new laser or rate caps in the contract for the following plan year. The City’s benefits consultant, HUB International, Inc. requested protections be included and new rates were presented. The renewal with Liberty Mutual now includes a “no new laser” provision and a rate cap for the following plan year of 50%. This contract represents and increase of $20,124.00 over the previous year. Benefit to the Community: Approval of this item minimizes the risk of catastrophic claim costs to the Medical Self-Insured Fund, protecting the resources needed to provide health coverage as a benefit to city employees, who provide services to the community. 2 Legal Review: This renewal is tied to the main agreement, which was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this item is $462,479, as budgeted in the Self-funded Health Fund. Recommendation: Staff recommends approval of this item. Excess Loss Insurance Policy 1 17 ESL-P001-TX-0418 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer”) 175 Berkeley Street, Boston, MA 02116 Toll-free number: 1-800-677-9163 EXCESS LOSS INSURANCE POLICY (Liberty Insurance Underwriters Inc., is referenced in this Policy as the “Insurer”) (Words and phrases printed in bold, other than in the headings, are defined in DEFINITIONS below.) In reliance upon the truthfulness and accuracy of the statements made in the Application, in consideration of, and subject to, the payment of premium when due, and subject to the terms, conditions, limitations, and EXCLUSIONS of this Policy, the Insurer and the Policyholder agree as follows: The Insurer agrees to reimburse the Policyholder for certain Plan Benefits the Policyholder has provided under a self- funded benefit plan (Plan). Such reimbursement will be subject to all the terms, conditions, limitations, and EXCLUSIONS of this Policy. The Policyholder agrees to pay premiums when due and to comply with the Policy provisions. This Policy is governed by the laws of the state in which it was issued, except that Federal law may preempt both state law and Policy provisions. The provisions on the following pages are a part of this Policy. NOTICE The Policy provides benefits when the Policyholder's Plan has Incurred expenses beyond the Specific and Aggregate Deductibles (whichever is applicable) outlined in the Policy. Since the Policy insures the Policyholder and not the individuals covered by the Policyholder's Plan, the Policy neither adds to nor subtracts from the terms of the underlying Plan. Additionally, the Policy does not, in any way, affect the Policyholder's responsibility to comply with applicable employment laws such as the Americans With Disabilities Act, the Age Discrimination in Employment Act, Title VII of the 1964 Civil Rights Act, the Patient Protection and Affordable Care Act and any applicable state laws. All periods of coverage will begin and end 12:01 a.m. local time at the principal office of the Policyholder. IN WITNESS WHEREOF, Liberty Insurance Underwriters Inc. has caused this Policy to be executed by its President and Secretary at the Insurer’s Home Office. PRESIDENT SECRETARY THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYER DOES NOT BECOME A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY PURCHASING THIS POLICY, AND IF THE EMPLOYER IS A NON-SUBSCRIBER, THE EMPLOYER LOSES THOSE BENEFITS WHICH WOULD OTHERWISE ACCRUE UNDER THE WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY WITH THE WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED. Excess Loss Insurance Policy 2 17 ESL-P001-TX-0418 Table of Contents Page DEFINITIONS 3 SPECIFIC EXCESS LOSS 7 AGGREGATE EXCESS LOSS 7 LIMITATIONS 8 EXCLUSIONS 8 PREMIUMS and MONTHLY AGGREGATE FACTORS 10 CLAIMS PROVISIONS 10 TERMINATION 11 GENERAL PROVISIONS 13 Attachments at Issue: Application Schedule Endorsements Plan Excess Loss Insurance Policy 3 17 ESL-P001-TX-0418 DEFINITIONS Actively-At-Work means: (a) with respect to a Policyholder's employee or member - the employee/member is working the required number of hours to be eligible for coverage under the Plan and capable of performing his or her normal job duties. Covered Persons absent from work due to regularly scheduled vacation or maternity leave will be considered Actively-at-Work. (b) with respect to a dependent - being able to perform all the normal activities of a person in good health of the same age and sex and not being confined in a provider facility because of injury or sickness. Aggregating Specific Deductible as shown in the Schedule of Insurance, means a deductible applied in addition to the Specific Deductible. At the start of a Policy Period, Plan Benefits for each Covered Person in excess of the Specific Deductible will be added together until the cumulative total equals the Aggregating Specific Deductible amount shown in the Schedule of Insurance. A Specific Excess Loss reimbursement will not be paid by the Insurer until the Aggregating Specific Deductible has been satisfied. Aggregate Deductible for any one Policy Period means the greater of the: (a) cumulative monthly total of Covered Units multiplied by the Monthly Aggregate Factors; or (b) Minimum Aggregate Deductible. Application means the complete and total application made by the Policyholder, including census data, Plan Document, disclosure statements, Proposal, and any other information submitted by the Policyholder for the purpose of determining the Insurer’s liability under this Policy. Benefit Period means the period of time in which a claim must be Incurred by the Covered Person and paid by the Plan to be eligible for reimbursement under this Policy. This period does not alter the Policy Effective Date and Policy Period. Covered Person means an individual who meets the express terms and conditions of eligibility for coverage set forth in the Plan Document, has enrolled, and for whom required premium contributions to the Plan have been made. Covered Unit for the purposes of determining the premiums payable or the Aggregate Deductible means the following Covered Person(s): (a) Employee/member; (b) Employee/member with dependents; or (c) Such other defined unit as agreed between the Insurer and the Policyholder. Experimental or Investigational Treatment (“Treatment”) means medical services, supplies or treatments, including drugs, devices and biological products that: (a) are provided or performed in a special setting for research purposes, under a treatment protocol or as part of a Phase I, II or III clinical trial; or (b) are provided only if a Covered Person is required to sign a consent form which indicates the proposed treatment or procedure is part of a scientific study or medical research to determine its effectiveness or safety; or Excess Loss Insurance Policy 4 17 ESL-P001-TX-0418 (c) are not considered standard treatment by the majority of the medical community or by Medicare, Medicaid or any other government-financed programs or the National Cancer Institute regarding malignancies; or (d) have not been granted, at the time they were provided, any required approval by any appropriate federal or state governmental agency; or (e) do not have FDA approval or have FDA approval only under an interim step in the FDA process, i.e., an investigational device exception or an investigational new drug exemption; or (f) are provided for off-label usage. Incurred means a Plan Benefit will be considered Incurred: (a) with respect to services, the date on which the services are rendered to the Covered Person; or (b) with respect to supplies, the date on which the supplies are given to the Covered Person; or (c) with respect to disability income benefits, if covered, on the date each periodic benefit payment becomes payable to the Covered Person. Lifetime Limit of Liability per Covered Person means the maximum amount the Insurer will reimburse the Policyholder under this Policy or any policy issued by the Insurer prior to or later than this Policy providing Excess Loss Insurance benefits for Plan Benefits payable on behalf of a Covered Person. The Lifetime Limit does not include the amount of any Plan Benefits used to satisfy the Specific Deductible or Aggregating Specific Deductible. It will not exceed the lesser of the amount shown in the Schedule of Insurance, or the lifetime maximum amount set forth in the Plan. Loss Limit means the maximum amount of payments for Plan Benefits that will be allowed for any one Covered Person under Aggregate Excess Loss Coverage. The Loss Limit is shown in the Application/Schedule of Insurance. The maximum allowable amount of Plan Benefits for a Covered Person who has been assigned a separate Specific Deductible will be the specified amount as shown under the Loss Limit on the Application/Schedule, regardless of that Covered Person’s separate Specific Deductible. Medically Necessary means care, services or supplies provided by or at the direction of a physician that are: (a) needed to restore function and prevent deterioration of the Covered Person’s health; (b) commonly recognized by the medical profession as standard of care for control or cure or the illness or injury being treated by physicians practicing in the same or related specialty; and (c) within accepted standards of medical practice for the Covered Person’s injury or sickness and are not otherwise excluded under the terms of this Policy. Medically Necessary does not include any services or supplies that are: (a) provided only as a convenience to the Covered Person or to his or her physician; (b) exceed the scope, duration or intensity or the level of care needed to provide safe, adequate and appropriate diagnosis and treatment; or (c) do not otherwise meet the criteria of eligible claim expenses contained in this Policy. Excess Loss Insurance Policy 5 17 ESL-P001-TX-0418 Monthly Aggregate Factor means the factors that are multiplied by the number of Covered Units for each Policy Month to determine the annual Aggregate Deductible. The Monthly Aggregate Factors are shown in the Schedule of Insurance. Paid means Plan Benefits will be considered paid on the date that the Policyholder’s check or draft is issued, subject to the following: (a) there are sufficient funds to cover such check or draft; and (b) the check or draft is placed in the United States mail or other means of delivery to the payee; and (c) the check or draft is honored upon presentation by the payee; or (d) payment is successfully transmitted electronically from the payor’s account to the payee’s account. Checks or drafts which are prepared but are not released or which do not adhere to the requirements immediately above shall not be considered Paid. Plan means the Policyholder's self-funded benefit plan as described in its signed Plan Document and all signed Amendments and Endorsements thereto that were underwritten and approved by the Insurer for issuance of this Policy. A copy of the Plan Document, including Endorsements approved by the Insurer will be used for the purpose of determining the Insurer's liability under this Policy. Plan Benefits means the amounts properly Incurred and Paid under the Plan to a Covered Person or to a provider of services to a Covered Person. Plan Benefits do not include the following: (a) payments not strictly in compliance with the terms and conditions of the Plan; or (b) any amount for which there is any other group insurance, reinsurance, plan benefits, including insurance or plan benefits established pursuant to federal, state or local legislation or regulation; or (c) court costs, penalties, interest upon judgments, investigation expense, administrative fees, or legal expense; or (d) fees applicable to the proper administration of the Plan; or (e) exemplary and punitive damages or liabilities, including but not limited to those resulting from negligence, intentional wrongs, fraud, bad faith or strict liability on the part of the Policyholder or the Policyholder’s agent; or (f) expenses which are not considered Medically Necessary, Experimental or Investigational Treatment, are not recognized by the FDA, or are outside the scope of generally accepted standards of medical practice; or (g) Provider retention costs and administrative fees. Plan Document means the written expression of the Policyholder’s self-funded benefit Plan as of the date of the Policy Application or Policy renewal. Policy means this Policy issued to the Policyholder. Policyholder means the entity identified in the Schedule of Insurance as the Policyholder. Excess Loss Insurance Policy 6 17 ESL-P001-TX-0418 Policy Period means the specified period in the Schedule of Insurance, however, beginning no earlier than the Effective Date of this Policy and continuing until coverage terminates in accordance with the TERMINATION provision of this Policy. Reasonable and Customary Charge(s) means the usual charge made by the provider of care for a service, not to exceed the usual charge made by the majority of like providers for the same or like service in the same geographical area in which the service or treatment is performed. If the Plan has a contracted fee arrangement with certain health care providers, Reasonable and Customary Charges shall mean the lesser of the applicable fee as defined in that fee arrangement contract or the usual charge made by the majority of like providers for the same or like service in the same geographical area in which the service or treatment is performed. If the Policyholder, Plan or Third Party Administrator has a contracted fee arrangement with certain providers, Reasonable and Customary Charges shall mean the lesser of the applicable fees as defined in that fee arrangement contract or the amount generally charged by others in the same geographic area who render or furnish the same or similar services, treatments or supplies. Run-In Expenses means Plan Benefits Incurred during the Benefit Period, but prior to the Policy Period. Run-In Limit means the maximum amount of Run-In Expenses that will be applied to this Policy. Run-Out Expenses means Plan Benefits Paid during the Benefit Period, but following the Policy Period. Run-Out Limit means the maximum amount of Run-Out Expenses that will be applied to this Policy. Specific Deductible means the amount of Plan Benefits retained and Paid by the Policyholder during the Policy Period. This amount is not reimbursable under this Policy. The Specific Deductible applies separately to each Covered Person. It is shown in the Schedule of Insurance. Third Party Administrator means a firm or person shown in the Schedule of Insurance that has been retained by the Policyholder to pay claims and/or provide other administrative services on behalf of the Policyholder. SPECIFIC EXCESS LOSS The Insurer will reimburse the Policyholder for the amount of eligible Plan Benefits which exceed the Specific Deductible on a Covered Person during the Policy Period, after the total of all Plan Benefits Paid by the Policyholder exceeds the Aggregating Specific Deductible shown in the Schedule of Insurance. Such reimbursement will be made in accordance with the Benefit Period and all other coverage provisions, limitations and EXCLUSIONS as shown in the Schedule of Insurance and in this Policy. Provider discounts must be applied to all Plan Benefits before determining the Specific Deductible. In order for eligible Plan Benefits to be considered for reimbursement under this Policy, an initial Proof of Loss must be provided in accordance with the Proof of Loss provision. Reimbursements under this Policy will be paid within 30 days of the Insurer’s receipt of satisfactory Proof of Loss. The Insurer has the sole authority to approve or deny reimbursements under this Policy. AGGREGATE EXCESS LOSS The Insurer will reimburse the Policyholder for the amount of eligible Plan Benefits which exceed the Aggregate Deductible during the Policy Period. Such reimbursement will be made in accordance with the Benefit Period and all other coverage provisions, limitations and EXCLUSIONS as shown in the Schedule of Insurance and in this Policy. Provider discounts must be applied to all Plan Benefits before determining the Specific Deductible. Reimbursements to the Policyholder for any Aggregate Excess Loss provided under this Policy will be made after the end of the Policy Period provided: (a) the Insurer has received all of the information it requires as described in the Proof of Loss provision; and (b) any audit requested by the Insurer has been completed. Excess Loss Insurance Policy 7 17 ESL-P001-TX-0418 In order for eligible Plan Benefits to be considered for reimbursement under this Policy, an initial Proof of Loss must be provided in accordance with the Proof of Loss provision. Plan Benefits on each Covered Person in excess of the Loss Limit Per Person under Aggregate as shown in the Schedule of Insurance or Limitations on Coverage Endorsement will not be included for purposes of determining the amount of the Aggregate Excess Loss reimbursement under this Policy. Additionally, the following are not included for purposes of determining the amount of the Aggregate Excess Loss reimbursement due to the Policyholder: (a) Plan Benefits payable under any Specific Excess Loss or other Excess Loss Insurance issued to the Policyholder by the Insurer or any other entity; or (b) Specific Excess Loss benefits which have been or will be reimbursed by the Insurer under the Specific Excess Loss coverage provided by this Policy; or (c) Benefits Paid by any other entity providing the same or similar coverage as the Plan during the Benefit Period. While the determination of benefits under the Plan is the sole responsibility of the Policyholder, the Insurer reserves the right to interpret the terms and conditions of the Plan as it applies to this Policy. The Insurer has the authority to approve or deny reimbursements under this Policy. If this Policy is terminated prior to the end of the Policy Period, the Aggregate Deductible will not be prorated. LIMITATIONS If the Policyholder fails to disclose any required health information on: (a) a Covered Person when application is made for this Policy; or (b) on an employee/member, or a dependent of an employee/member, who later becomes eligible for Plan Benefits, the Insurer will not reimburse the Policyholder for any Plan Benefits related to the illness or condition that was required to be disclosed; and (a) such Plan Benefits paid by the Plan may not be used to satisfy the Specific Deductible for such Covered Person; and (b) such Plan Benefits paid by the Plan may not be used to satisfy the Aggregate Deductible. Any amount of Plan Benefits paid by the Policyholder for any employee/member or dependent who does not enroll into the Plan within the time period specified in the Plan for eligibility will be disregarded for reimbursements under this Policy unless evidence of good health for such employee/member or dependent has been approved by the Insurer prior to the date on which the Plan Benefit was Incurred. The Insurer will reimburse Plan Benefits for retired employees and their eligible dependents who are covered under the Plan only if such Persons are indicated as included in the Schedule of Insurance. Any reimbursement of Plan Benefits for a Covered Person covered under Medicare or another health insurance benefit plan shall be reduced by any amount paid or payable under Medicare to the extent any reimbursement under this Policy for a Covered Person or his or her dependents shall not exceed 100% of the actual expenses otherwise reimbursable under the Policy. EXCLUSIONS The Insurer will not reimburse Plan Benefits, costs, charges, expenses, claim payments, or other loss under this Policy incurred by or resulting from any of the following: Excess Loss Insurance Policy 8 17 ESL-P001-TX-0418 A. (a) Declared or undeclared war or act of war, whether civil or international, and any substantial armed conflict between organized government forces of a military nature. (b) Participation in a felony, riot or civil disobedience. (c) Injury or illness to a Covered Person which occurs during the commission of or attempt to commit a criminal act or while a Covered Person is engaged in an illegal activity. (d) An individual is not a Covered Person under the Plan when the expense is incurred. (e) The Plan is not in effect. (f) Any payments the Policyholder receives for those losses from other insurers or to the extent the Policyholder is not liable for expenses covered or would be covered under Medicare or another health insurance plan, regardless of whether Medicare is elected by the Covered Person. (g) Expenses also covered as benefits under Medicare or another health insurance plan. In no event will total payments on behalf of a Covered Person for a reimbursement otherwise payable under this Policy and any similar Medicare benefit or a benefit under another health insurance plan exceed 100% of the Covered Person’s eligible claim expenses. (h) Any excess of Reasonable and Customary Charges. (i) Experimental or Investigational Treatment. (j) An organ transplant or implant of non-human, artificial or mechanical organs. B. Claim payments not administered or paid according to the Plan, or for which there is no documented Proof of Loss. C. Any claim payment, or portion of a claim payment for any of the following: (a) Legal expenses, fines, penalties, damages, judgments or other penalties imposed by law. (b) Loss or expense caused by or resulting from occupational injury or sickness benefits. This exclusion shall also apply if the Covered Person is entitled to insured or self-funded coverage for such expenses under any Worker’s Compensation, Employer’s Liability or Occupational Disease statute, whether or not such coverage is actually in force. (c) Expenses related to any occupation or employment for wage or profit. (d) Any claim payment for expenses resulting from dental, vision, prescription drug, disability income programs, unless such Plan Benefits are included in the Schedule of Insurance. D. A claim for any expense that is not Medically Necessary. E. Plan benefits for any Covered Person covered under, or eligible for coverage under, the Consolidated Omnibus Reconciliation Act (COBRA) whose: (a) Continuation of coverage was not offered in accordance with COBRA regulations or any amendments thereto; (b) who coverage under COBRA is continued beyond the timeframes specified by federal law for any reason including clerical error of the Policyholder; and Excess Loss Insurance Policy 9 17 ESL-P001-TX-0418 (c) who do not receive a valid COBRA extension offer within the 44 days immediately following the date of notice of a COBRA qualifying event; and (d) who fail to make a valid, signed COBRA election within the 60 days immediately following the receipt of COBRA election rights from the Policyholder; and (e) who fail to remit COBRA premium within the minimum periods specified by federal law. The Company will require written documentation that these requirements have been satisfied. F. Expenses Incurred as a result of any lost savings or discounts offered by a facility or provider due to untimely payment of the bill by the Plan, Policyholder or Third Party Administrator. Whenever coverage provided by this Policy would be in violation of any U.S. economic or trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), such coverage shall be null and void. Similarly, any coverage relating to any claim that would be in violation of U.S. economic or trade sanctions as described above shall also be null and void. PREMIUMS AND MONTHLY AGGREGATE FACTORS The Schedule of Insurance shows the Premium Rates and Monthly Aggregate Factors for each Plan Benefit provided coverage under this Policy. The initial premium is due on the Effective Date of this Policy and subsequent premiums are due the first day of each succeeding month in the Policy Period. The entire amount of the applicable premium shall be paid when due. The Insurer is not obligated to accept or apply any premium paid which is less than the entire amount due for any period. Premium payments shall be credited first to any past due and unpaid premium, in the order in which due. Premiums are not considered paid until the premium payment is received by the Insurer. Grace Period A grace period of thirty-one (31) days is allowed for the payment of any premium except the first. The Insurer is not obligated to accept any premium which is received after the grace period and may return any premium payment received after the grace period ends. The payment of any premium will not cause the insurance under this Policy to remain in force beyond the day before the next premium due date. Premium Change The Insurer may change the premiums and Monthly Aggregate Factors effective on any of the following: (a) the effective date that the Plan is amended; or (b) the effective date that the Policyholder adds or deletes subsidiary or affiliated companies or divisions; or (c) the date an increase or decrease in the number of Covered Units exceeds 15% in any one month or 25% over any period of three (3) consecutive months; or (d) the date the monthly Paid Aggregate claims total of the current Policy Period exceed the average monthly Paid claim total of the prior six (6) months by more than 20%; or (e) the date that the Insurer is informed of a Clerical Error or discovers material misrepresentation of underwriting information. The Insurer’s action will be in accordance with the Misstated Data Provisions under GENERAL PROVISIONS of this Policy. The Policyholder will furnish to the Insurer any information which is necessary to allow the Insurer to determine the amount of premium due under this Policy. The Insurer may examine any records of the Policyholder at any reasonable time to confirm that premiums are being calculated and paid in accordance with this Policy. Excess Loss Insurance Policy 10 17 ESL-P001-TX-0418 The Insurer will refund to the Policyholder any overpayment of premium made in error. Such refund shall be made only for the overpayments made during the Policy Period in which the error is uncovered and reported to the Insurer. CLAIMS PROVISIONS Administration of Claims Under the Plan The Insurer will have no obligation under the terms of this Policy for the settlement of claims incurred by Covered Persons. The Policyholder must cooperate with the Insurer in a timely manner in the administration, investigation, and settlement of any claim payable under this Policy. The Policyholder’s failure to cooperate with the Insurer in administration of a claim may result in denial of all or part of that claim. The Policyholder warrants, upon presentation of a Plan Benefit for reimbursement, that all monies necessary to pay for the Plan Benefit have been Paid to the Covered Person or the provider of services to the Covered Person. The Policyholder will pay each claim Incurred under the Plan by a Covered Person within sixty (60) days after adequate Proof of Loss is provided to the Policyholder’s Plan. If the Policyholder fails to pay the claim within this time limit, then this claim will not be a covered Plan Benefit, will not count towards the satisfaction of the Specific or Aggregate Deductible, and will not be eligible for reimbursement under this Policy. It is understood and agreed that the Policyholder will provide funds necessary to pay claims and failure to do so will cause this Policy to immediately terminate as provided for in TERMINATION. The Policyholder will maintain records showing the complete details concerning any and all amounts paid for benefits not provided under the terms of the Plan. These payments for benefits not provided will not be included in determining Plan Benefits reimbursable under this Policy. No reimbursements will be made under this Policy for losses for which the Policyholder is not legally obligated to pay or for payments for services which are not covered under the Plan. No reimbursements will be made under this Policy for any date of loss for which the Policyholder has yet to pay the necessary Premiums that extend coverage through those dates. Notice of Claim The Policyholder will give written notice of claims to the Insurer on the Insurer’s customary proof of loss form within one hundred and one hundred and twenty (120) days or as soon as reasonably possible. Failure to furnish written notice will not invalidate or reduce any claim, if it was not reasonably possible to provide such written notice within the time period required. The Policyholder will also comply with other claim reporting requirements, provided that the Insurer sends written notice to the Policyholder of these requirements and allows the Policyholder thirty (30) days to begin complying with the new requirements. Proof of Loss The Policyholder will give written Proof of Loss to the Insurer within thirty-one (31) days or as soon as reasonably possible, but no later than one year after the date the Policyholder becomes aware of the existence of facts that would reasonably suggest the possibility that Plan Benefits will be Incurred which are subject to this Policy or which are at least 50% of the Specific Deductible. TERMINATION This Policy will be in force during the Policy Period shown in the Schedule of Insurance and will automatically terminate at the end of the Policy Period unless it has been terminated earlier as provided in this section, or unless the Insurer and the Policyholder have agreed upon terms to renew the Policy. Excess Loss Insurance Policy 11 17 ESL-P001-TX-0418 By the Policyholder The Policyholder may terminate this Policy on any premium due date by giving the Insurer at least thirty-one (31) days advance written notice. By the Insurer The Insurer may terminate this Policy effective on any premium due date by giving thirty-one (31) days advance written notice of Termination to the Policyholder: The Insurer may terminate this Policy effective on the date that any one of the following occurs by giving ten (10) days advance written notice of Termination to the Policyholder. (a) it is determined that the Policyholder has failed to perform any of its duties or obligations under this Policy; or (b) a petition in bankruptcy is filed with respect to the Plan or the Policyholder, whether voluntary or involuntary, or the Plan or the Policyholder become subject to liquidation, receivership or conservatorship; or (c) the Policyholder has failed to provide funds for payment of claims under the Plan; or (d) delegation by the Policyholder of its duties under this Policy to a Third Party Administrator which has not been approved by the Insurer. Automatic This Policy will terminate without notification required upon the earliest of the following dates: (a) the date the Policyholder’s Plan terminates; or (b) the end of any grace period when the premium due remains unpaid; or (c) whenever the percentage of Covered Persons participating in one or more Health Maintenance Organizations, prepaid plans, or insurance plans exceeds 25% of Covered Persons eligible to participate in the Plan, unless the Insurer has agreed in writing to continue coverage; or (d) the date the Plan is found to be in violation of Federal law; or (e) sixty (60) days after the Policy Effective Date if the Policyholder has failed to furnish the Insurer with any information or materials requested by the Insurer. Such information or materials must be of reasonable nature to allow the Insurer to determine the risk assumed under this Policy. If the Policy is rescinded for this cause, the Insurer’s sole liability will be to return any monies given by the Policyholder as consideration for this Policy, less any claims or other expenses paid by the Insurer under this Policy. If such amounts paid by the Insurer are greater than the amount of the refund due the Policyholder, the Policyholder shall pay the amount of the deficit to the Insurer within sixty(60)days of receipt of written notice from the Insurer. If repayment in full is not made within this sixty (60)day period, the Insurer will be entitled to assess monthly a late payment fee equal to 1.5% of the outstanding balance, and such other relief allowed. Effect of Termination In the event this Policy is terminated prior to the end of the Policy Period, the Specific and Aggregate Deductible amounts shown in the Schedule of Insurance will not be prorated. The Specific and Aggregate Deductibles will be Excess Loss Insurance Policy 12 17 ESL-P001-TX-0418 applied as if the Policy had remained in effect for the entire original Policy Period. The Insurer will not refund any portions of premium paid by the Policyholder whose Plan terminated during the Policy Period. The Insurer has no obligation to reimburse the Policyholder for any Plan Benefits that are Paid after the date this Policy is terminated. Reinstatement If this Policy terminates for any of the reasons set forth above, the Insurer may approve the Policyholder’s request to reinstate this Policy. The Policyholder shall submit to the Insurer any forms and data the Insurer may require. If this Policy is reinstated, the Policyholder shall pay to the Insurer the premiums due from the date this Policy terminated. Renewal The Insurer will give the Policyholder thirty (30) day notice of the option to renew and any altered terms affecting the renewal. In the event of renewal, the Insurer will issue to the Policyholder a Renewal Endorsement and R enewal Schedule of Insurance. GENERAL PROVISIONS Entire Policy The entire Policy consists of this Policy, the Policyholder’s Application, including any renewal Application, the Plan Document, the Plan, the Policyholder disclosure statement, the initial and any renewal Schedule of Benefits, and any amendments, riders or endorsements. Changes to the Policy This Policy may be changed at any time by a written agreement between the Policyholder and the Insurer. No change in, modification of, or assignment of interest under this Policy shall be effective except when made by a written endorsement to this Policy which is signed by an authorized representative of the Insurer. The Insurer will not be bound by any promise or representations made by any other person. The Insurer may, at any time, change any one or more or all of the items shown in the Schedule of Insurance by endorsement during the Policy Period if a change is made to any applicable state or Federal law that may affect the Insurer's liability under this Policy. Parties to the Policy This Policy is a contract between the Policyholder and the Insurer. This Policy does not create any right or legal relationship between the Insurer and any Covered Person under the Plan. The Insurer’s sole liability under this Policy is to the Policyholder. Any and all reimbursements payable under this Policy will be made solely to the Policyholder. This P olicy will not be deemed to make the Insurer a party to the Plan, or any contract or agreement between the Policyholder and a third party. Plan Document The Policyholder will provide to the Insurer a complete copy of the Plan Document governing the Plan; such Plan Document will be made part of this Policy. The Policyholder will submit to the Insurer, in writing, any proposed change to the provisions of the Plan. Such changes must be submitted to the Insurer at least thirty (30) days prior to the effective date of the proposed change. The Insurer will have the right to modify premium rates and/or other terms and conditions of coverage if the Insurer determines that its liability under this Policy has been affected by the change in the Plan, as described under the Premium Change provision. If the Insurer and the Policyholder cannot Excess Loss Insurance Policy 13 17 ESL-P001-TX-0418 reach agreement with respect to the Plan changes, the Plan change will not affect the Insurer’s liability under this Policy and the Policy will be administered as if the Plan had not changed. The Insurer’s liability under the Policy will not be affected by any such changes made to the Plan unless and until the Insurer has sent its written approval of such changes to the Policyholder or its agent. Third Party Administrator The Policyholder may retain a Third Party Administrator to perform some or all of its duties under this Policy. Such Third Party Administrator must be named in the Schedule of Insurance. Without waiving any of its rights under this Policy, and without making the designated Third Party Administrator a party to this Policy, the Insurer agrees to recognize the Third Party Administrator as the agent for the Policyholder. Any action or inaction by the Third Party Administrator will be deemed to be the action or inaction of the Policyholder. The Third Party Administrator is NOT the agent of the Insurer. Notwithstanding its appointment of a Third Party Administrator, the Policyholder is still obligated to see to the timely performance of its duties and obligations under this Policy. Furthermore, the Policyholder will hold the Insurer harmless from any liability arising from or related to any negligence, error, omission or malfeasance by the Third Party Administrator. The Policyholder may change its Third Party Administrator. Notice of any change in the Third Party Administrator is subject to the Insurer’s approval and must be submitted in writing to the Insurer at least sixty (60) days prior to the effective date of such change. Any changes to the designated Third Party Administrator without prior written approval by the Insurer will cause this Policy to automatically terminate as provided for in the TERMINATION provisions herein. Independent Review In the event that eligible Plan Benefits are deemed payable by the Plan due to a reversal by an Independent Review Organization of a previous denial of coverage, and such eligible Plan Benefits are not Paid within the Benefit Period under this Policy, the Benefit Period to pay such eligible Plan Benefits will be extended for a period of twelve (12) months from the end of the Benefit Period shown in the Schedule of Insurance, provided: (a) such Plan Benefits are not eligible under any other coverage; and (b) such Plan Benefits would otherwise be payable under the terms of this Policy. Subject to all other terms and conditions of this Policy, the Insurer agrees to accept as eligible claim expenses all such Plan Benefits paid in accordance with the Plan that were previously denied and exceed the applicable deductible. When the Insurer reimburses the Policyholder for the amount of any Plan benefits payable under this provision, such Plan benefits will relate back to the Policy under which they were Incurred and will be excluded from any other Benefit Period. If the Policyholder terminates this Policy for any reason prior to the end of the Policy Period, this provision does not apply. Reporting and Audits The Policyholder will furnish the Insurer with any information required by the Insurer pertaining to the risks covered under this Policy. For Specific Excess Loss benefit reporting, the Policyholder must give notice to the Insurer when the total amount of Plan Benefits Paid by the Policyholder for a Covered Person equals or exceeds 50% of the Specific Deductible, or has the potential to exceed 50% of the Specific Deductible. The Policyholder’s failure to provide prompt notice to the Insurer may result in an adjustment of any Specific Excess Loss benefits payable to the Policyholder, if any, to reflect any savings the Insurer could have obtained had prompt notice been given. Similar reporting shall be required for any Plan Benefits Paid for a Covered Person listed on the Limitations on Coverage Endorsement. Excess Loss Insurance Policy 14 17 ESL-P001-TX-0418 The Policyholder is required to provide the Insurer with notice of any potential Specific Excess Loss claim within thirty- one (31) days of the date: 1. A Covered Person’s Plan Benefits exceed 50% of the Specific Deductible; or 2. The Policyholder or Third Party Administrator are notified that a Covered Person has been diagnosed with, or treated for, a condition which, if Paid, would result in Plan Benefits that would equal or exceed 50% of the Specific Deductible. For Aggregate Excess Loss benefit reporting, the Policyholder or the Third Party Administrator are required to provide the Insurer with a monthly report that lists: 1. The total amount of Plan Benefits Incurred within the reporting month by any Covered Person and Paid by or on behalf of the Policyholder during that month; and 2. The number(s) of participants in the Plan on the first day of the reporting month. The Aggregate Report must be provided to the Insurer within thirty-one (31) days after the end of each benefit month. The Policyholder will be responsible for the investigating, auditing, calculating, and paying all claims Incurred under the Plan. The Insurer or its authorized representative will have the right to audit, at its own expense, the records of the Policyholder, the Third Party Administrator or any other person or entity who is responsible for the administration of the Plan pertaining to the matters which affect the Insurer's liability under this Policy. The Policyholder agrees that payment of any reimbursements under this Policy will be conditioned upon the results of any audit requested by the Insurer. Clerical Error Clerical error, whether by the Policyholder or the Insurer, in keeping any records pertaining to this Policy, or the underlying Plan, will not invalidate coverage otherwise validly in force nor continue Policy coverage otherwise validly terminated. Any clerical error in data that the Policyholder or its agent provided to the Insurer must be corrected and promptly reported to the Insurer. The Insurer will within fifteen (15) days of receipt of corrected data decide the corrective course of action under the terms of Misstated Data provision below. Concealment, Fraud All statements made by the Policyholder are considered by the Insurer to be representations and not warranties. No statement shall be used to void this Policy or reduce benefits unless the statement is contained in a written instrument signed by the Policyholder, a copy of which has been provided to the Policyholder. After this Policy has been in force for two (2) years, the Policy shall be voided only: (a) if, before or after making any reimbursement, the Insurer determines that the Policyholder or its agent has concealed or misrepresented any material fact or circumstance concerning this Policy, including any losses under the Plan; or (b) in any case of fraud by the Policyholder or its agent. Conformity with State Statutes If any provision of this Policy is contrary to any law to which it is subject, such provision is hereby amended to conform to the minimum requirements of such law. Excess Loss Insurance Policy 15 17 ESL-P001-TX-0418 Misstated Data The Insurer has relied upon the underwriting information provided by the Policyholder or its agent in the issuance of this Policy. If subsequent information becomes known which, if known by the Insurer prior to the issuance of this Policy, would have affected the premium rates, Monthly Aggregate Factors, Specific or Aggregate Deductibles, terms or any other conditions for coverage, the Insurer, to the extent permitted under state law, will have the right to adjust the premium rates, Monthly Aggregate Factors, Specific or Aggregate Deductibles, terms or any other conditions for coverage as of the Policy Effective Date by providing written notice to the Policyholder. If the Policyholder rejects any new adjustment or condition imposed, the Insurer can rescind the Policy as of the Effective Date. In the event of Policy rescission, the Insurer’s sole liability will be to return any monies given by the Policyholder as consideration for this Policy, less any claims or other expenses paid by the Insurer under this Policy. If such amounts paid by the Insurer are greater than the amount of the refund due the Policyholder, the Policyholder shall pay the amount of the deficit to the Insurer within thirty (30) days of receipt of notice from the Insurer. If repayment in full is not made within this thirty day period, the Insurer will be entitled to assess monthly a late payment fee equal to 1.5% of the outstanding balance. Insolvency The insolvency, bankruptcy, financial impairment, receivership, voluntary plan of arrangement with creditors, or dissolution of the Policyholder or its Third Party Administrator will not impose on the Insurer any liability other than the liability defined in this Policy. The insolvency of the Policyholder will not make the Insurer liable to the creditors of the Policyholder, particularly the Covered Persons under the Plan. Legal Action No action may be brought to recover under this Policy until sixty (60) days after proof of loss has been given to the Insurer. No action can be brought by the Policyholder more than three (3) years from the date proof of loss was required to be given. Liability The Insurer will not have any obligation or power under this Policy to directly pay any Covered Person or any provider of services or supplies to a Covered Person. The Insurer’s sole liability is to the Policyholder. Nothing in this Policy will be construed to permit a Covered Person or any provider of services or supplies to a Covered Person to have a direct right of action against the Insurer. The Insurer is not a party to the Plan or to any modifications thereto. Assignment The Policyholder may not assign reimbursements under this Policy and the Insurer will not recognize any such assignments. Recoveries/Subrogation The Policyholder is required to investigate and prosecute all valid claims that the Policyholder may have against first and third parties arising out of any claim for which benefits were Paid by the Plan. This requirement and obligation is not waived or negated if: 1. the Covered Person is not made whole; or 2. the recovery is allocated to other damages; or 3. the person is no longer covered under the Plan. Excess Loss Insurance Policy 16 17 ESL-P001-TX-0418 If the Policyholder fails to pursue any action against a first or third party and the Insurer has made benefit payments under this Policy, the Insurer will be subrogated to all of the Policyholder’s rights to make recoveries. The Policyholder is required to cooperate fully and do all things necessary as required for the Insurer to pursue any action to recover against the first or third party. Any amounts recovered by the Policyholder, the Policyholder’s Third Party Administrator, or the person in such action shall be used first to reimburse the Insurer for any benefit payments made on behalf of any Covered Person, and then to reimburse the expenses of the Policyholder and the Policyholder’s Plan, and then to reimburse the expenses of recovery. Any amounts recovered by the Insurer shall be used to reimburse the Insurer for any amount that the Insurer may have paid or become liable to reimburse to the Policyholder or the Policyholder’s Plan under the terms of this policy, and then to reimburse the expenses of collection. All remaining amounts shall be paid to the Policyholder or the Policyholder’s Plan. If the Insurer has reimbursed the Policyholder or the Policyholder’s Plan for all or part of a particular loss, and the Policyholder or the Policyholder’s Plan later recover for that loss from a first or third party, the Policyholder must repay the Insurer to the extent of the Insurer’s reimbursements, regardless of whether this Policy is still in force on the date the Policyholder recover. In the event the Policyholder or the Policyholder’s Third Party Administrator do not consider a first or third party to be liable for certain claims Paid under the Policyholder’s Plan but the Insurer does, the Insurer shall be subrogated to all of the Policyholder’s rights to make recoveries for such claims. Notice of Appeal The Insurer must promptly receive written notice of any objection, notice of legal action or Insurance Department complaint received on a claim processed under the Plan on which it reasonably appears a reimbursement under this Policy will be payable. Taxes The payment of reimbursements under this Policy will not include: (a) any taxes which might be paid or payable by the Policyholder; or (b) any tax liability, interest or penalty imposed by any regulatory or taxing authority. The Policyholder agrees to: (a) hold harmless the Insurer from any tax liability assessed against the Insurer on the basis of the coverage provided under the Plan other than any tax levied upon the Insurer for the premium due under this Policy; and (b) reimburse the Insurer for the amount of any such tax liability, interest, penalty or cost incurred by the Insurer as the result of such tax assessment. Such reimbursement shall be due and payable when the Policyholder receives the Insurer's notification that reimbursement is due. Notice For the purpose of any notice required from the Insurer under the provisions of this Policy, notice to the Third Party Administrator will be considered notice to the Policyholder, and notice to the Policyholder will be considered notice to the Third Party Administrator. For the purpose of any notice requirement from the Policyholder under the Excess Loss Insurance Policy 17 17 ESL-P001-TX-0418 provisions of this Policy, neither notice from the Policyholder to the Third Party Administrator nor notice from the Third Party Administrator to the Policyholder will be considered notice to the Insurer. Notice from the Policyholder must be sent to the Insurer or its authorized representative. Other Insurance The amounts otherwise payable under this Policy shall be reduced by the amount of any other reimbursement or indemnity which the Policyholder may be entitled to receive with respect to the Insurer's liability under this Policy. Waiver Failure of the Insurer to strictly enforce its rights under this Policy shall not waive any such right, regardless of the frequency or similarity of the circumstances. Arbitration All disputes between the Policyholder and the Insurer are to be decided by arbitration in the city of the Policyholder’s principal place of business. The Policyholder and the Insurer will each appoint one arbitrator and the two appointed arbitrators shall appoint a third. If the two cannot agree on a third arbitrator, the appointment shall be made by an authorized officer of the American Arbitration Association. The arbitration shall be settled in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. This provision will survive the termination or expiration of this Policy. Offset The Insurer may offset the following against any payments due the Policyholder from the Insurer under this Policy: 1. Any premiums due and unpaid; 2. Any overpayments made by the Insurer to the Policyholder; and 3. Any payments made in error or made due to receipt of incorrect information. The right of offset shall not prevent the termination of this Policy for nonpayment of premium as described in the TERMINATION provision of this Policy. Excess Loss Insurance Policy 1 4 ESL-S001-0921 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer”) 175 Berkeley Street, Boston, MA 02116 Toll-free number: 1-800-677-9163 EXCESS LOSS SCHEDULE OF INSURANCE 1. POLICYHOLDER: City of Coppell Principal Address: 255 Parkway Blvd. Coppell, TX 75019 Subsidiaries and Associated Entities included in the Policy: n/a 2. POLICY NUMBER: MSLL00003-08 3. POLICY PERIOD: EFFECTIVE DATE: October 1, 2024 TERMINATION DATE: October 1, 2025 4. THIRD PARTY ADMINISTRATOR: UMR Address: 12668 Silicon Dr., San Antonio, TX 78249 Initial Enrollment: Single 186 Family 184 PLAN BENEFITS INCLUDED COVERED PERSONS INCLUDE: ☒ Current Employee/Member ☒ Retirees ☒ COBRA Beneficiaries ☒ Disabled ☒ Individuals not Actively at Work on their Effective Dates under the Policyholder Plan Excess Loss Insurance Policy 2 4 ESL-S001-0921 SPECIFIC: ☒ Medical AGGREGATE: ☒ Medical ☐ Dental ☐ Dental ☐ Vision ☐ Vision ☐ Prescription Drugs (same as any other) ☒ Prescription Drug Card ☐ Prescription Drugs (same as any other) ☒ Prescription Drug Card ☐ Other ☐ Other SPECIFIC EXCESS LOSS SPECIFIC COVERAGE: Yes ☒ No ☐ Claims Basis: ☒ Incurred and Paid (24/12) ☐ Paid ☐ Other Benefit Period: Eligible Plan Benefits Incurred October 1, 2023 through September 30, 2025 and Paid October 1, 2024 through September 30, 2025 Specific Deductible (per Covered other than Covered Persons named below): $150,000.00 Aggregating Specific Deductible ☒ Entire Group ☐ Named Individuals Only $50,000.00 Policy Period Limit of Liability per Covered Person (Less Specific Deductible): Unlimited Lifetime Limit of Liability per Covered Person: Unlimited Specific Percentage Reimbursable After Deductible: 100% Run-In Limit: n/a Run-Out Limit: n/a Specific Terminal Liability: ☐ Yes ☒ No If the Policy is terminated before the end of the Policy Period stated above, the Insurer has no obligation to reimburse the Policyholder for any Plan Benefits that are Paid after the date the Policy is terminated. Excess Loss Insurance Policy 3 4 ESL-S001-0921 AGGREGATE EXCESS LOSS AGGREGATE EXCESS LOSS COVERAGE: Yes ☒ No ☐ Claims Basis: ☒ Incurred and Paid (24/12) ☐ Paid ☐ Other Benefit Period: Eligible Plan Benefits Incurred October 1, 2023 through September 30,2025 and Paid October 1, 2024 through September 30, 2025 Aggregate Percentage Reimbursable: 100% Monthly Aggregate Factors: Covered Unit # of Units Medical Dental Vision Prescription Drug (same as any other) Prescription Drug Card Other Single 186 $616.79 Included Family 184 $1,812.53 Included Minimum Aggregate Deductible: (Based on initial Covered Units times Monthly Aggregate Factors times number of months in Policy Period) $5,378,743.73 Limit of Liability for the Policy Period: $1,000,000.00 Loss Limit Per Person under Aggregate $150,000.00 Monthly Aggregate Accommodation Option: Yes ☐ No ☒ Run-In Limit: n/a Run-Out Limit: n/a Aggregate Terminal Liability: Yes ☐ No ☒ If the Policy is terminated before the end of the Policy Period stated above, the Company has no obligation to reimburse the Policyholder for any Plan Benefits that are Paid after the date the Policy is terminated. Excess Loss Insurance Policy 4 4 ESL-S001-0921 PREMIUMS SPECIFIC PREMIUM RATES PER MONTH Covered Units Number of Units on Effective Date Rates per Covered Unit Single 186 $55.29 Family 184 $143.35 AGGREGATE: $5.08 Monthly n/a Monthly Aggregate Terminal Liability n/a Monthly Aggregate Accommodation Deposit Premium: $38,539.94 If the premium payable is determined to be less than the Deposit Premium, the Deposit Premium is due. If, however, the premium payable is determined to be more than the Deposit Premium, the actual amount of premium payable is due. ENDORSEMENTS INCLUDED Specific Advanced Funding Endorsement Limitations on Coverage Endorsement Aggregating Specific Deductible Endorsement Qualified Clinical Trials Endorsement Plan Mirroring Endorsement OTHER This Policy assumes that fully insured transplant coverage is in place for the duration of the Stop Loss policy period. Transplants and related care are excluded under the Stop Loss policy. This Policy includes a No New Laser at renewal and 50% rate cap option. Privacy Notice: CLICK HERE to read Liberty Mutual’s Privacy Notice including California Supplemental Privacy Policy (CCPA) www.libertymutual.com/privacy Full Name of your Plan Document(s): City of Coppell Health Benefit Summary Plan Description 7670-00-410042 Revised October 1, 2022 (Received 12/5/22 and approved effective 10/1/22) To Include: Employee Policies & Procedures Handbook effective 10/15/14 (Received 10/30/17 and approved eff. 10/1/16) PPO Network is considered to be United Healthcare Choice Plus. If this is not the case, an adjustment to the sold rates and factors may be necessary. Excess Loss Insurance Policy 1 2 ESL-E007-0521 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer”) ENDORSEMENT NO. 1 Effective Date: October 1, 2024 Policy Number: MSLL00003-08 Issued To: City of Coppell THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIC ADVANCED FUNDING ENDORSEMENT This Endorsement is made a part of the Policy to which it is attached as of the Effective Date shown above. It applies only to Plan Benefits Incurred on or after that date. If no Effective Date is shown above, this Endorsement takes effect as of the Policy Effective Date. In consideration of the premium charged, it is hereby understood and agreed that the Policy has been changed as follows: Specific Advanced Funding The Insurer will expedite reimbursement of Specific Excess Loss benefits for Plan Benefits Incurred in excess of the Specific Deductible prior to the Plan’s actual payment of these benefits (Specific Advanced Funding) if a Specific Advanced Funding request is submitted as set forth below. In order for Specific Advanced Funding benefits to be payable, the required premiums due under the Policy must be paid current. In order to request Specific Advanced Funding, the Policyholder must: (a) Process all claims for the Covered Person and print the detailed Explanation of Benefits; (b) Fund claims up to the full amount of the Covered Person’s Specific Deductible plus a minimum threshold of a cumulative $1,000.00 in claims in excess of the Specific Deductible in order to satisfy the required reimbursement of claims; (c) Have paid all premiums current for the Policy Period in question; (d) Complete and submit a Specific Excess Loss claim requesting Specific Advanced Funding and attaching all required filing documentation; (e) Release payment for Covered Benefits to the providers of care within five (5) business days of receiving the advance funding check from us. Payment within this time period will be considered a paid claim within the Benefit Period. If these payments are not made within five (5) business days, the advance funding check must immediately be returned to the Insurer; (f) Return any portion of the advance funding check not used to pay expenses, due to additional discounts or any other reason, to us within five (5) business days. (g) Submit the request for advance funding to us prior to thirty (30) days before the end of the Policy Year. Requests received after that date are not eligible for advance funding. Excess Loss Insurance Policy 2 2 ESL-E007-0521 Failure of the Policyholder to follow the filing guidelines outlined above will result in a delay in receiving reimbursement. If the Policyholder terminates the Policy prior to the end of the Policy Period, effective immediately Specific Advanced Funding will no longer be available and no Specific Excess Loss benefits will apply for Plan Benefits Paid after the termination date. All other terms and conditions, and exclusions of the Policy remain unchanged. Executed at the Insurer's Home Office. PRESIDENT VICE PRESIDENT and SECRETARY Excess Loss Insurance Policy 1 2 ESL-E008-0619 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer”) ENDORSEMENT NO. 2 Effective Date: October 1, 2024 Policy Number: MSLL00003-08 Issued To: City of Coppell THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION ON COVERAGE ENDORSEMENT This Endorsement is made a part of the Policy to which it is attached as of the Effective Date shown above. It applies only to Plan Benefits Incurred and Paid on or after that date. If no Effective Date is shown above, this Endorsement takes effect as of the Policy Effective Date. In consideration of the premium charged, it is hereby understood and agreed that the Policy has been changed as follows: Limitations on Coverage Endorsement The Specific Deductibles applicable to the Covered Person(s) named below are in the following table. Only Plan Benefits payable for the Covered Person(s) up to the Loss Limit indicated in the following table will apply toward the Aggregate Deductible. Covered Person(s) Specific Deductible(s) Loss Limit Applicable to Aggregate Deductible n/a n/a n/a If at the end of the Policy Period the Policy is renewed for a subsequent period, we will not increase the Specific Deductible applicable to any person covered under the Plan during the prior Policy Period. This option does not reduce or remove the Specific Deductibles applicable to the Covered Persons listed above and assumes these increased Specific Deductibles will remain in force unless the Insurer amends the Policy to reduce or remove them. Limited Rate Increase at Renewal Specific premium rates are subject to a 50% renewal increase cap to the current Specific Premium Rates as shown in the Schedule of Insurance provided: (a) There are no changes to the Specific Benefit Period as shown in the Schedule of Insurance; (b) There are no changes to the Specific Deductible as shown in the Schedule of Insurance; (c) There are no changes to the commission level; (d) There has not been more than a 15% increase or decrease in the number of Covered Units as shown in the Schedule of Insurance; Excess Loss Insurance Policy 2 2 ESL-E008-0619 (e) There are no changes in the Third Party Administrator; (f) There are no significant changes in the Plan or Policy terms; and (g) If there is an Aggregating Specific Deductible, the premium rates for the Aggregating Specific Deductible are subject a renewal increase of not more than 50%. This guarantee may or may not be offered or may be altered on subsequent renewals at our discretion. All other terms and conditions, and exclusions of the Policy remain unchanged. Executed at the Insurer's Home Office. PRESIDENT VICE PRESIDENT and SECRETARY Excess Loss Insurance Policy 1 2 ESL-E011-TX-0721 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer”) ENDORSEMENT NO. 3 Effective Date: October 1, 2024 Policy Number: MSLL00003-08 Issued To: City of Coppell THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATING SPECIFIC DEDUCTIBLE ENDORSEMENT - TEXAS This Endorsement is made a part of the Policy to which it is attached as of the Effective Date shown above. It applies only to Plan Benefits Incurred and Paid on or after that date. If no Effective Date is shown above, this Endorsement takes effect as of the Policy Effective Date. In consideration of the premium charged, it is hereby understood and agreed that the Policy has been changed as follows: The SPECIFIC EXCESS LOSS provision of the Policy is deleted and replaced with the following: AGGREGATING SPECIFIC DEDUCTIBLE The Insurer will reimburse the Policyholder for the amount of eligible Plan Benefits that exceed the Specific Deductible on a Covered Person during the Policy Period. Such reimbursement will be made in accordance with the Benefit Period and all other coverage provisions, limitations and exclusions of the Policy. Reimbursements to the Policyholder for any Specific Excess Loss provided under the Policy will be made when the Insurer receives all the information it requires for payment of reimbursements (Proof of Loss). In order for the Plan Benefit to be considered for reimbursement under the Policy, an initial Proof of Loss satisfactory to the Insurer must be received by the Insurer no later than thirty (30) days after the date Plan Benefits are Paid in excess of the Specific Deductible. No claim will be reimbursed until all satisfactory information necessary for reimbursement has been provided. Pursuant to this Endorsement, the Insurer will not be liable for making such reimbursement until the Policyholder has first Paid the $50,000.00 Aggregating Specific Deductible in addition to the required Specific Deductible as shown in the Schedule of Insurance. In no event will the Policyholder’s liability be considered an expense or loss under the Aggregate Excess Loss. The Insurer will pay the reimbursement as soon as reasonably possible after a request for payment is made. The Insurer will make a final reconciliation at the end of the Policy Period. The Insurer has the sole authority to approve or deny reimbursements under the Policy. All other terms and conditions, and exclusions of the Policy remain unchanged. Excess Loss Insurance Policy 2 2 ESL-E011-TX-0721 Executed at the Insurer's Home Office. PRESIDENT VICE PRESIDENT and SECRETARY Excess Loss Insurance Policy 1 3 ESL-E012-1216 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer”) ENDORSEMENT NO. 4 Effective Date: October 1, 2024 Policy Number: MSLL00003-08 Issued To: City of Coppell THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. QUALIFIED CLINICAL TRIALS ENDORSEMENT This Endorsement is made a part of the Policy to which it is attached as of the Effective Date shown above. It applies only to Plan Benefits Incurred and Paid on or after that date. If no Effective Date is shown above, this Endorsement takes effect as of the Policy Effective Date. In consideration of the premium charged, it is hereby understood and agreed that the Policy has been changed as follows: Qualified Clinical Trials Endorsement The Insurer and the Policyholder agree that the GENERAL PROVISIONS section of the Policy is amended as follows: The Policy will reimburse eligible Plan Benefits, in excess of the Specific Deductible and/or in excess of the Aggregate Deductible, for Routine Patient Care Services furnished in connection with participation in Qualified Clinical Trials as defined by this Endorsement. Additional Provisions We may require a copy of the Qualified Clinical Trial’s study protocol before determining if any benefits are payable under this Endorsement. Plan Benefits paid under this Endorsement will be included in the Specific and Aggregate Limits of Liability. Plan Benefits paid under this Endorsement shall not create any legal presumption that the Insurer has recommended, directed, endorsed or required any Covered Person’s participation in the Qualified Clinical Trial. Benefits paid under this Endorsement shall be subject to all terms and conditions of the applicable Plan Document. The Insurer and the Policyholder agree that the DEFINITIONS section of the Policy is amended to include the following: QUALIFIED CLINICAL TRIALS means clinical trials that meet all of the following conditions: (a) The clinical trial is intended to treat cancer and other life-threatening diseases or conditions in a patient who has been so diagnosed, and (b) The clinical trial has been peer reviewed and is approved by at least one of the following: i. one of the United States National Institutes of Health; Excess Loss Insurance Policy 2 3 ESL-E012-1216 ii. a cooperative group or center of the National Institutes of Health; iii. a qualified non-governmental research entity identified in guidelines issued by the National Institutes of Health for center support grants; iv. the United States Food and Drug Administration pursuant to an investigational new drug exemption; v. the United States Departments of Defense or Veterans Affairs; or vi. a qualified Institutional Review Board, and, (c) The facility and personnel conducting the clinical trial are capable of doing so by virtue of their experience and training and treat a sufficient volume of patients to maintain that expertise; and (d) The patient meets the patient selection criteria enunciated in the study protocol of participation in the clinical trial; and (e) The patient has provided informed consent for participation in the clinical trial in a manner that is consistent with current legal and ethical standards; and (f) The available clinical or pre-clinical data provide a reasonable expectation that the patient’s participation in the clinical trial will provide a medical benefit that is commensurate with the risks of participation in the clinical trial; and (g) The clinical trial does not unjustifiably duplicate existing studies; and (h) The clinical trial must have a therapeutic intent and must, to some extent, assess the effect of the intervention on the patient. ROUTINE PATIENT CARE SERVICES means health care items or services that are furnished to an individual enrolled in a Qualified Clinical Trial, which is consistent with the usual and customary standard of care for someone with the patient’s diagnosis, is consistent with the study protocol for the clinical trial, and would be covered if the patient did not participate in the Qualified Clinical Trial. Routine Patient Care Services must be determined to be eligible under the applicable Plan Document. Routine Patient Care Services do not include any of the following: (a) the investigational drug, device or service; (b) non-health care services that a patient may be required to receive as a result of being enrolled in the Qualified Clinical Trial; (c) costs associated with managing the research associated with the Qualified Clinical Trial, or (d) costs that would not be covered for non-investigational treatments; (e) any item, service or cost that is reimbursed or otherwise furnished by the sponsor of the Qualified Clinical Trial, or (f) the costs of services, which are not provided as part of the Qualified Clinical Trial’s stated protocol or other similarly, intended guidelines. Excess Loss Insurance Policy 3 3 ESL-E012-1216 All other terms and conditions, and exclusions of the Policy remain unchanged. Executed at the Insurer's Home Office. PRESIDENT VICE PRESIDENT and SECRETARY Excess Loss Insurance Policy 1 2 ESL-E015-1216 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer”) ENDORSEMENT NO. 5 Effective Date: October 1, 2024 Policy Number: MSLL00003-08 Issued To: City of Coppell THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PLAN MIRRORING ENDORSEMENT In consideration of the additional premium charged, it is hereby understood and agreed that the following definitions in the DEFINITIONS section of the Policy are deleted. 1. Experimental or Investigational Treatment (“Treatment”), and 2. Medically Necessary, and 3. Reasonable and Customary Charges. The definitions above will follow the terms and conditions with the same or similarly titled definitions contained within the Plan. The Insurer reserves the right to withdraw this Mirroring Endorsement immediately upon written notice to the Policyholder if the Policyholder: (i) fails to provide to the Insurer a copy of the current Plan within thirty (30) days of the Effective Date of the Policy; (ii) amends or edits the Plan to the extent that the Insurer’s risk under this Endorsement is affected; or (iii) submits any stop loss reimbursement claim where a benefits were paid reliant upon the use of a discretionary clause or similar provision contained within the Plan; or (iv) submits any stop loss reimbursement claim where benefits were paid using the terms and conditions of any document other than the Plan (e.g. an employee handbook) that has not already been provided for us, reviewed and underwritten, or upon the guidance or advice of any third party. For the purposes of identifying Plan Benefits that are eligible for reimbursement, all conflicts between the Policy and Plan, if any, shall be resolved in accordance with the terms and conditions of the Plan. This endorsement does not constitute a guarantee that any Plan Benefit Paid by the Plan will be reimbursable under the Policy. To be eligible under the Policy, Plan Benefits must adhere to the requirements of the Plan (or other supporting documents provided in conjunction) and be paid appropriately. The Policy will not reimburse for processing or billing errors. Excess Loss Insurance Policy 2 2 ESL-E015-1216 All other terms, conditions and exclusions of the Policy remain unchanged. Executed at the Insurer's Home Office. PRESIDENT VICE PRESIDENT and SECRETARY 1 1 ADM-OFAC-0419 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the “Insurer/Company”) ENDORSEMENT NO. 6 Effective Date: October 1, 2024 Policy Number: MSLL00003-08 Issued To: City of Coppell THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SANCTION LIMITATION AND EXCLUSION CLAUSE No Insurer shall be deemed to provide cover and no Insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that Insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. All other terms, conditions and exclusions of this policy remain unchanged. N004-TX-0723 Figure: 28 TAC §1.601(a)(2)(B) Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. Liberty Mutual Group To get information or file a complaint with your insurance company or HMO: Call: Presidential Service Team at 1-800-344-0197 Toll-free: 1-800-344-0197 Email: PresidentialSvcTeam@LibertyMutual.com Mail: Presidential Service Team Liberty Mutual Group 175 Berkeley St. Boston, MA 02116 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: Consumer Protection, MC: CO-CP, Texas Department of Insurance, P.O. Box 12030, Austin, TX 78711- 2030 ¿Tiene una queja o necesita ayuda? Si tiene un problema con una reclamación o con su prima de seguro, llame primero a su compañía de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en inglés) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, también debe presentar una queja a través del proceso de quejas o de apelaciones de su compañía de seguros o HMO. Si no lo hace, podría perder su derecho para apelar. Liberty Mutual Group Para obtener información o para presentar una queja ante su compañía de seguros o HMO: Llame a: Presidential Service Team al 1-800-344-0197 Teléfono gratuito: 1-800-344-0197 Correo electrónico: PresidentialSvcTeam@LibertyMutual.com Dirección postal: Presidential Service Team Liberty Mutual Group 175 Berkeley St. Boston, MA 02116 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electrónico: ConsumerProtection@tdi.texas.gov Dirección postal: Consumer Protection, MC: CO-CP, Texas Department of Insurance, P.O. Box 12030, Austin, TX 78711-2030 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7660 File ID: Type: Status: 2024-7660 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 09/12/2024File Created: Final Action: TMLIRP BallotFile Name: Title: Consider voting for a candidate to Places 11 - 14 to the Board of Trustees to the Texas Municipal League Intergovernmental Risk Pool (TMLIRP); and authorizing the Mayor to sign and complete the ballot. Notes: Sponsors: Enactment Date: Memo.pdf, Ballot.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7660 Title Consider voting for a candidate to Places 11 - 14 to the Board of Trustees to the Texas Municipal League Intergovernmental Risk Pool (TMLIRP); and authorizing the Mayor to sign and complete the ballot. Summary Fiscal Impact: N/A Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 9/20/2024 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: September 24, 2024 Reference: Consider voting for a candidate to Places 11 – 14 to the board of Trustees to the Texas Municipal League Intergovernmental Risk Pool (TMLIRP); and authorizing the Mayor to sign and complete the ballot. Introduction: The Risk Pool provides a stable and economic source of risk financing and loss prevention services to almost 2,800 governmental entities throughout the state of Texas. The Risk Pool was created in 1973 by the Texas Legislature. The primary service of the pool is to provide workers’ compensation liability, property and cyber coverage for cities, regardless of the size of the city. The City of Coppell first became a member of The Risk Pool – Workers’ Compensation in 1977, Liability and Property in 1986, and Cyber Liability in 2016. The Risk Pool is governed by a Board of Directors consisting of 15 members who are either elected or appointed officials from municipalities throughout the state of Texas. Twelve of the Board positions are elected to the Board by TML member cities. On July 23, 2024, City Council approved a Resolution of Support nominating me for Place 14 on the TMLIRP Board of Trustees. I am now seeking to be elected to Place 14 on the Board. Places 11, 12, and 13 nominations are also listed with potential board members and their biographical information if Council chooses to complete the full ballot. Recommendation: Staff recommends electing Mike Land, City Manager, to Place 14; and electing Randy Criswell, City Manager of Wolfforth, to Place 11, Allison Heyward, Councilmember for the City of Schertz, to Place 12, and Harlan Jefferson, Deputy City Manager for the City of Burleson, to Place 13. OFFICIAL BALLOT Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election . This .is the official ballot for the election of Places 11 -14 of the Board of Trustees for the Texas Municipal • League Intergovernmental Risk Pool. Each Member of the Pool is entitled to vote for Board of Trustee -members. Please-, record your organization's choices by placing an "X" in the square beside the candidate's name or writing in the name of an eligible person in the space provided. You can only vote for one candidate for each place. The officials listed on this ballot have been nominated to serve a six-year term on the TML Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. The names of the candidates for each Place on the Board of Trustees are listed in alphabetical order on this ballot. Ballots must reach the office of David Reagan, Secretary of the Board, no later than September 30, 2024. Ballots received after September 30, 2024, cannot be counted. The ballot must be properly signed, and all pages of the ballot must be mailed to: Trustee Election, David Reagan, Secretary of the Board, P.O. Box 149194, Austin, Texas 78714-9194. If the ballot is not signed, it will not be counted. Page 1 of6 □ □ PLACE 11 Randy Criswell. (Incumbent) Randy Criswell is currently the City Manager of Wolfforth (Region 3), a position he 's held since 2022. He has served on the TML Risk Pool Board of Trustees since 2015 and as Chair of the Board from 2020 to 2022. He has been in public service since 1994 , having served the City of Canyon in three administrative roles including City Manager, the City of Mineral Wells as City Manager , and his current position. Mr. Criswell has a Bachelor of Science Degree from Texas Tech University in Engineering Technology and is a Certified Public Manager. He is a member oJTCMA and a past member of the TCMA Board of Directors. He and his wife Janie have tfuee grown children , and he enjoys golf, his Harley Davidson motorcycle , and spending time with Janie . Robert S. Davis. Robert Davis serves as the City Attorney for the City of Bullard (Region 15). He is a Senior Partner at Flowers Davis PLLC in Tyler and oversees the Business and Commercial Litigation , Insurance Defense , Defense of Governmental Entities, Employment Law, and Medical Liability Sections of the law firm. Mr. Davis has extensive experience in representing governmental entities and government officials in all types of litigation. He also has extensive experience in litigation for major insurance carriers and drafting coverage opinions for insurance carriers. Through the years, he has written many papers for and made numerous presentations to Texas Sheriffs Association, Texas Association of Counties , Texas Jail Association, and Texas Chief Deputies' Association. WRITE IN CANDIDATE: Page 2 of6 □ □ □ □ PLACE 12 Cedric Davis, Sr. Cedric Davis is the City Manager of the City of Mathis (Region 11). He joined the city's administration team on January3, 2024, and has more than three decades of experience as a public servant. He served as the City Manager of Mathis for over four years, and is a former Chief of Police and Public Educator. He is a graduate of Law Enforcement Management Institute of Texas and the Advanced Military Academy of Texas. He has a Bachelor of Science degree in Criminal Justice Administration from Sam Houston State University. He is a licensed Master Peace Officer, Police Instru<ttor, Investigator, and holds certifications in Public Management, Smart City Practitioner, and Public Finance Investment Officer. In 2008 he served as Mayor of Balch Springs. Rocky Hawkins. Rocky Hawkins is a Councilmember for the City of Gladewater (Region 15), and served as such for four years. He has also served on the Gladewater Lake Board for 10 years, as a Chamber of Commerce Volunteer, as a member of the "Friends of the Library" at the Lee-Bardwell Public Library in Gladewater, and on various boards and committees at First Baptist Church for 30 years. Mr. Hawkins began his career with a brief stint as a Parole Officer for Gregg County; later spent almost 15 years in the Hospitality/Restaurant Business; and finished his career with 30 years at Eastman Chemical Co. He holds an associate's degree in business management from Kilgore College and a B.S. degree in Criminal Justice from Sam Houston State University. Allison Heyward. (Incumbent) Allison Heyward has served as Councilmember for the City of Schertz (Region 7) since 2018. She also serves on the TML Board of Directors and is currently the TML President Elect. She previously served in 2022 on the TMLIRP Board as the TML Board representative. In January 2023, she was appointed to Place 12 on the TMLIRP Board to fill a vacancy. She holds a Bachelor's Degree in Accounting from Texas Southern University, and is a 2020 graduate of the Chamber Leadership Core Program. Mrs. Heyward is also a TML Leadership Fellow and a Certified Municipal Officer (CMO), having received the TMLI CMO (Certified Municipal Official Designation) Award of Excellence for maintaining the designation for 5 continuous years. She has also been recognized with the President's Award for being one of the top 2 highest earners of Continuing Education Units. Rudy Zepeda. Rudy Zepeda has served as the Finance Director for the City of Santa Fe (Region 14) since 2021. Before joining Santa Fe, Mr. Zepeda served eight years in Dayton, Texas, as Assistant City Manager and Finance Director. He holds a degree in Classics from the University of Arizona and certification in Certified Public Management from Stephen F. Austin University. While Finance Director in Santa Fe, the city earned the Government Finance Officers Association (GFOA) Budget Presentation Award and the Excellence in Financial Reporting award. This year, the city was recognized by the State Comptroller's Office with its Traditional Finances Star Award. Mr. Zepeda's career spans 30 years, with significant experience in both public and private sectors, including 14 years in local government. WRITE IN CANDIDATE: Page 3 of6 □ □ PLACE 13 Harlan Jefferson. (Incumbent) Deputy City Manager for the City of Burleson (Region 13). Mr. Jefferson has been in public service for 41 years, serving as a Risk Manager for the City of Denton early in his career and serving as Town Manager for Flower Mound and Prosper, Texas. Mr. Jefferson is an active member of the Texas City Management Association (TCMA), having served on its Board of Directors and is a Past President of the North Texas City Manager Association. He holds a Bachelor of Arts in Political Science and a Master of Public Administration from the University of North Texas. AdditionaHy, he is an Adjunct Faculty member in the Master of Public Administration Program at the University of North Texas. James Quin. City Administrator for the City of Hutchins (Region 13) since March 2022. He served as City Administrator of Haslet for 8 years and City Manager for Richland Hills for 16 years. Mr. Quin earned a Bachelor of Science Education degree and a Master of Public Administration degree from Missouri State University. He is a member of the International City/County Management Association (ICMA) and maintains the ICMA Credentialed Manager (CM) designation. In April 2022, he was awarded the High Performance Leadership Academy Certificate issued by ICMA Professional Development Academy. Also, he is a full member ofTCMA, and previously served on the HCA Medical City Alliance Hospital Board for 6 years. WRITE IN CANDIDATE: Page 4 of6 □ PLACE 14 Mike Land (Incumbent) City Manager for the City of Coppell (Region 13) since 2017, and Deputy City Manager from 2012-2017. Previously, he was Town Manager for Prosper, City Manager for Gainesville, and Executive Director for the Southwestern Diabetic Foundation. Mr. Land serves on the International City/County Management (ICMA) Board of Directors and is the 2024-25 ICMA President-Elect. Additionally, he serves on the Texas Women's Leadership Institute Advisory Board, the Texas A&M University's Development Industry Advisory Council, and the UT A MP A Advisory Board. He has also served as School Board Trustee for Gainesville Independent School District and as President of TCMA. WRITE IN CANDIDATE: Page 5 of6 Certificate I certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the public entity named below. Witness my hand, this ____ day of ___________ , 2024. Signature of Authorized Official Title Printed Name of Authorized Official Printed Name of Political Entity Page 6 of6 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7684 File ID: Type: Status: 2024-7684 Agenda Item Executive Session 1Version: Reference: In Control: City Council 09/18/2024File Created: Final Action: Consult with CA ExecFile Name: Title: Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7684 Title Consultation with City Attorney and special legal counsel, regarding City of Coppell, et. al. vs. Glenn Hegar, Texas Comptroller of Public Accounts. Summary Page 1City of Coppell, Texas Printed on 9/20/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7670 File ID: Type: Status: 2024-7670 Agenda Item Executive Session 1Version: Reference: In Control: City Council 09/16/2024File Created: Final Action: Exec Session 9/24/24File Name: Title: Seek legal advice from City Attorney regarding administrative matters at city facilities. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7670 Title Seek legal advice from City Attorney regarding administrative matters at city facilities. Summary Page 1City of Coppell, Texas Printed on 9/20/2024 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2024-7669 File ID: Type: Status: 2024-7669 Agenda Item Work Session 1Version: Reference: In Control: City Council 09/16/2024File Created: Final Action: WKS 9/24/24File Name: Title: A.Discussion of Code of Ordinances Sec. 1-10-6.2.1 - Order of business, Citizens Appearance. B.Discussion regarding ordinance updates: Chapter 12, Section 31-3 (Off-street loading space, all districts); Chapter 12, Section 31-6 (Parking requirements based on use); Chapter 12, Section 12-31-7 (Rules for computing number of parking spaces); Chapter 12, Section 12-29-6 (Nonconforming Signs). Notes: Sponsors: Enactment Date: Citizens Appearance Memo.pdf, Ordinances Memo.pdf, Redlined ORD Sec. 12-31-3. Off-street loading space, all districts.pdf, Redlined ORD Sec. 12-31-6. Parking requirements based on use.pdf, Redlined ORD Sec. 12-29-6. Nonconforming signs.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2024-7669 Title A.Discussion of Code of Ordinances Sec. 1-10-6.2.1 - Order of business, Citizens Appearance. B.Discussion regarding ordinance updates: Chapter 12, Section 31-3 (Off-street loading space, all districts); Chapter 12, Section 31-6 (Parking requirements based on use); Chapter 12, Section 12-31-7 (Rules for computing number of parking spaces); Chapter 12, Section 12-29-6 (Nonconforming Signs). Summary Page 1City of Coppell, Texas Printed on 9/20/2024 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: September 24, 2024 Reference: Discussion of Code of Ordinances Sec. 1-10-6.2.1 - Order of business, Citizens Appearance. Mayor Wes Mays will lead a discussion regarding the Citizens’ Appearance item at City Council meetings. 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: September 24, 2024 Reference: Discussion regarding ordinance updates: Chapter 12, Article 31-3 (Off-street loading space, all districts); Chapter 12, Article 31-6 (Parking requirements based on use); Chapter 12, Sec. 12-31-7. – (Rules for computing number of parking spaces); Chapter 12, Sec.12- 29-6 (Nonconforming Signs). 2040: Create Business and Innovation Nodes Introduction: The purpose of this Work Session item is to discuss amendments to the Zoning Ordinance to incorporate items discussed during the Industrial 2.0 and Retail Roundtables. Background: These are text amendments to the Zoning Ordinance that allow for more flexibility in parking for industrial and retail users and modification to City Requirements related to non-conforming monument signage. Off-Street Loading/Dock Area Parking: The first is a minor text amendment to the Zoning Ordinance to allow for conversion of the dock areas to vehicular parking within an existing office/warehouse site, provided the area is screened from view. Currently, a conversion of dock areas to car parking would necessitate a Minor Site Plan Amendment and would need approval from the Director of Community Development. With this amendment, the change would be allowed by right and could be done at time of building permit. The amendment would allow more flexibility for reconfiguration of the site to accommodate more vehicles for a change in tenant or operations of an existing tenant. Warehouse/Distribution Parking: The second is a minor text amendment to the Zoning Ordinance to address the current requirement for warehouse/distribution centers. The proposed changes decrease the minimum parking required from 1 parking space per 1,000 square feet to 1 parking space per 2,000 square feet while ensuring the number of employees on the maximum working shift each have a parking space. This text amendment also uses the same term – “warehouse/distribution” as defined in the Special Definition’s Section of the Zoning Ordinance. Although the comparison city research showed a range of required parking from 1 parking space per 1,000 square feet to 1 parking space per 2,000 square feet and from 1 parking space per 1 employee to 1 parking space per 4 employees, staff feels comfortable in recommending the adjustment to our minimum standard. 2 Parking for Retail Centers Over 10,000 sq. ft. in Building Area: The third text amendment was the result of a Retail Roundtable held with retail developers to discuss the future trends in retail. During the roundtable, the parking requirements for retail centers was brought up. The parking requirements of the Zoning Ordinance are based on extreme cases, during peak times, and often there is a large amount of parking that is never utilized except during the holidays. The Director of Community Development is proposed to be authorized, but not obligated, to grant a 5% reduction in parking for retail centers greater than 10,000 square feet in building area. The Director of Community Development is proposed to be authorized, but not obligated, to approve a reduction of the number of required parking spaces by more than 5% reduction in the number of required parking spaces for retail centers greater than 10,000 square feet in building area, if such reduction is supported by the findings of a parking study and alternate parking plan obtained by the owner or developer of the property that is prepared by a licensed transportation engineer. Greater flexibility in administering the parking requirements allows for more potential businesses to fill the retail centers. Nonconforming Signage: During that roundtable, it was the consensus that the current non-conforming signage was most likely never going to be removed and brought into conformance, unless destroyed by a natural disaster. Because these signs were built prior to the current ordinance, they are typically larger in size and greater in height than what the current ordinance permits and are considered legal non-conforming. If they could be rebuilt to the same height and width that they are currently, then the owners of the centers would consider rebuilding these signs to be more architecturally compatible with the centers and would be more uniform with the existing signage along the city roads. Staff is recommending the following verbiage be introduced into the nonconforming signage section: If the freestanding sign was built prior to 1990, and if the sign is not considered a pole sign, then the sign can be rebuilt in the same location with the same height and width, provided it is architecturally compatible with the main structure on site. Benefit to the Community: This would provide more flexibility for the development and the reuse of the office/warehouse buildings, would allow for the aesthetic improvement of monument signage along the City’s primary image zones and would allow more flexibility in leasing up the shopping centers that are greater than 10,000 square feet in size providing more retail opportunities for the community. Legal Review: Staff is coordinating with the City Attorney to draft the proposed ordinance changes. Fiscal Impact: N/A Recommendation: This is a work session item, so there is no formal recommendation. Staff is seeking feedback from City Council on the draft ordinance changes. Created: 2024-03-20 09:38:07 [EST] (Supp. No. 51) Page 1 of 1 Sec. 12-31-3. Off-street loading space, all districts. 1. All retail, commercial, and industrial structures having 5,000 square feet or more of gross floor area shall provide and maintain off-street parking facilities for the loading and unloading of merchandise and goods at a ratio of at least one space for the first 20,000 square feet of gross floor area and one space for each additional 20,000 square feet of gross floor area or fra ction thereof for a building larger than 5,000 square feet. A loading space shall consist of an area of a minimum of 12 by 30 feet. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. 2. Kindergartens, day schools, and similar child training and care establishments shall provide paved off-street loading and unloading space on a through "circular" drive or shall provide a minimum of three parking spaces by the main entrance plus one parking space for every ten children. Parking shall be designed to accommodate one motor vehicle for every ten students or children cared for by the establishment. 3. Uses not listed in Schedule 31.6 shall provide required off-street parking according to the most similar use listed in the schedule, as determined by the city council. 4. Loading docks and areas shall not be located on the street side of any structure unless screened according to section 12-33-1(4). 5. Existing loading dock areas may be converted to additional off-street parking spaces provided the area is screened either with evergreen landscaping or with a screening wall. (Ord. No. 91500; Ord. No. 91500-A-794 , § 1, 7-11-23) Created: 2024-03-20 09:38:07 [EST] (Supp. No. 51) Page 1 of 3 Sec. 12-31-6. Parking requirements based on use. In all districts there shall be provided at the time any building or structure is erected or structurally altered, off-street parking spaces in accordance with the preceding provisions and in accordance with the following requirements: 1. Auto laundry: One space per 500 square feet of gross floor area. 2. Bowling alley: Six parking spaces for each alley or lane. 3. Business or professional office, (general): One s pace per 300 square feet of gross floor area. 4. Church or other place of worship: One parking space for each three seats in the main auditorium. 5. College or university: One space per each day student. 6. Community center, library, museum, or art gallery: Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains. 7. Commercial amusement: One space per three guests or one space per 100 square feet of gross floor area, whichever is greater. 8. Dance hall, assembly or exhibition hall without f ixed seats: One parking space for each 100 square feet of floor area thereof. 9. Day nursery: One space per ten pupils. 10. Dwellings, multi-family: Two spaces per one and two bedroom units and two and one-half spaces per three bedroom unit. 11. Fraternity, sorority, or dormitory: One parking space for each two beds. 12. Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service: Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000. 13. Gasoline station: Minimum of six spaces. 14. Hospital: One space per employee on the largest shift, plus one and one-half spaces for each bed. 15. Hotel: One parking space for each one sleeping ro oms or suites plus one space for each 200 square feet of commercial floor area contained therein. 16. Library or museum: Ten spaces plus one space for every 300 square feet. 17. Lodge or fraternal organization: One space per 200 square feet. 18. Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse/distribution, printing or plumbing shop, or similar establishment: One parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 1,0002,000 square feet of floor area. 19. Medical or dental office: One space per 175 square feet of floor area. 20. Mini-warehouse (convenience storage): Four per co mplex plus one per 3,000 square feet of storage area. When access to individual storage units is adjacent to a fire lane, parallel (8′ × 22′) parking spaces Created: 2024-03-20 09:38:07 [EST] (Supp. No. 51) Page 2 of 3 shall be provided adjacent to the storage units. These parking spaces will be outside of the designated fire lane and are only required adjacent to one side of the fire lane. One parking space shall also be provided per 500 square feet of floor area of caretaker's quarters; however, no more than two spaces are required for each caretaker's quarters. 21. Mobile home park: Two spaces for each mobile home plus additional spaces as required herein for accessory uses. 22. Mortuary or funeral home: One parking space for e ach 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms. 23. Motel: One parking space for each sleeping room o r suite plus one space for each 200 square feet of commercial floor area contained therein. 24. Motor-vehicle sales rooms and used car lots: One parking space for each 500 square feet of sales floor for indoor uses, or one parking space for each 1,000 square feet of lot area for outdoor uses. 25. Nursing home: One space per five beds and one for each day staff. 26. Private club, country club or golf club: One park ing space for each 150 square feet of floor area or for every five members, whichever is greater. 27. Retail store or personal service establishment, except as otherwise specified herein: One space per 200 square feet of gross floor area. 28. Restaurant, night club, cafe or similar recreation or amusement establishment: One parking space for each 100 square feet of floor area. Where drive-through facilities are provided, there shall be a minimum of five stacking spaces behind the first point of order. Stacking/queuing shall not be permitted in a designated fire lane. 29. Rooming or boardinghouse: One parking space for each sleeping room. 30. Sanitarium, convalescent home, home for the aged or similar institution: One parking space for each five beds. 31. School, elementary: One parking space for each five seats in the auditorium or main assembly room, or one space for each classroom plus six spaces, whichever is greater. 32. School, secondary, and college: One parking space for each four seats in the main auditorium or eight spaces for each classroom, whichever is greater. 33. Theater, auditorium (except school), sports arena, stadium, or gymnasium: One parking space for each three seats or bench seating spaces. 34. Golf course: Three parking spaces per hole. 35. Technology equipment facility: One space per 2,500 square feet of gross floor area devoted to technology or computer equipment, plus additional parking as required in section 12-31 for all accessory uses, such as office, meeting or technical workspace. (Ord. No. 91500; Ord. No. 91500-A-322, § 1, 4-9-02; Ord. No. 91500-A -331, § 1, 8-13-02; Ord. No. 91500-A-334, § 2, 8-13-02) Sec. 12-31-7. Rules for computing number of parking spaces. In computing the number of parking spaces required for each of the above uses the following rules shall govern: Created: 2024-03-20 09:38:07 [EST] (Supp. No. 51) Page 3 of 3 1. "Floor area" shall mean the gross floor area of the specific use. 2. Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number. 3. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature. 4. Whenever a building constructed and issuance of its initial certificate of occupancy results in an increase in the number of employees, dwelling units, seating capacity, and/or modifies its use, the building official shall recalculate the number of required parking spaces as provided in this article. In the event the recalculation results in an increase in the number of required spaces, the owner or occupant must comply with the recalculated parking requirements or seek a special exception under this chapter. 5. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. (Ord. No. 91500; Ord. No. 91500-A-532, § 1, 10-13-09) Created: 2024-03-20 09:38:07 [EST] (Supp. No. 51) Page 1 of 1 Sec. 12-29-6. Nonconforming signs. It is the declared purpose of this section that in time all privately owned signs shall either conform to the provisions of this section or be removed, unless such sign was built prior to 1990. If built prior to 1990 and If the sign is not considered a pole sign, then it can be rebuilt in the same location with the same height and width, provided it is architecturally compatible with the main structure on site. By the passage of this ordinance and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the city. Any sign which does not conform to all provisions of this ordinance shall be either a non-conforming sign if it legally existed as a conforming or non-conforming sign under prior ordinances, or an illegal sign if it did not exist as a conforming or non-conforming sign, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by such passage, but prosecution and suits for such offenses, liabilities, penalties or forfeitures may be instituted, and causes presently pending may proceed. 1. Impoundment: Any sign erected in or over a public right-of-way either prior to or after the adoption of this ordinance, except those signs allowed under subsections 12-29-3(2)(F), 12-29-3(2)(G), 12-29-5(5) and 12-29-7(5), shall be construed a public nuisance and the city may, without notice, remove and impound any such signs. 2. Removal of certain non-conforming signs: Non-conforming signs which have been blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other matter on the sign shall be removed or brought into compliance with this section if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location. No person may repair a non-conforming sign where the effect of such repair shall be to enlarge or increase the structure of the non-conforming sign. 3. Recovery and disposal of impounded signs: Impounded signs may be recovered by the owner within ten days of the date of impoundment. Signs that are not recovered within ten days of impoundment will be destroyed. (Ord. No. 91500-A-129)