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CP 2025-02-25City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, February 25, 2025 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 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1. Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Page 1 City of Coppell, Texas Printed on 2/21/2025 February 25, 2025City Council Meeting Agenda 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 zoning and development code issues in the area East of Royal Lane, West of Denton Tap, South of Sandy Lake, and North of Bethel Road. Section 551.087, Texas Government Code - Economic Development Negotiations. C.Discussion regarding economic development prospects south of Sandy Lake Road and west of Denton Tap Road. D.Discussion regarding property located south of Bethel Road and east of Freeport Parkway. 3.Work Session (Open to the Public) 1st Floor Conference Room Citizen comments will not be heard during the Work Session, but will be heard during the Regular Session under Citizens' Appearance. A. Discussion regarding agenda items. B. Update from Discover Coppell campaign. C. Presentation of Water Conservation Dashboard. Dashboard Memo.pdf Discover Coppell Memo.pdf Attachments: Regular Session 4. Invocation 7:30 p.m. 5. Pledge of Allegiance Presentations 6.Coppell Sustainable Food Organization Annual Update. 7.Presentation by The Salvation Army regarding the Red Kettle Campaign. 8. Citizens’ Appearance 9. Consent Agenda A.Consider approval of the Minutes: February 11, 2025. CM 2025-02-11.pdfAttachments: B.Consider approval of a master service agreement for data processing, printing, and mailing services to Infosend as budgeted in the Water Sewer Fund and the General Fund, in the amount of $139,869.60; and authorizing the City Manager to sign any necessary documents. Page 2 City of Coppell, Texas Printed on 2/21/2025 February 25, 2025City Council Meeting Agenda Memo.pdf Bid Analysis.pdf Agreement.pdf Attachments: C.Consider approval of an Ordinance of the City of Coppell; amending the code of ordinances correcting scrivener errors to ordinance number 2024-1649 which amended Chapter 3, Section 3-1-12 Water Conservation and Drought Contingency Plans; and authorizing the Mayor to sign. Memo.pdf Clean- Drought Contingency and Water Conservation Plan.pdf Redline- Drought Contingency and Water Conservation Plan.pdf Attachments: D.Consider approval of Request for Proposal #213 Facilitation Services for Vision 2040 Plan Check-In to Berry, Dunn, McNeil & Parker, LLC in an amount not to exceed $74,500.00, as budgeted in the General Fund, and authorizing the City Manager to sign all necessary documents. Memo.pdf Proposal.pdf RFP Scoring Summary.pdf Attachments: End of Consent Agenda 10.Consider acceptance of the Annual Comprehensive Financial Report (ACFR) for the fiscal year ending September 30, 2024. Memo.pdfAttachments: 11.City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 12. Mayor and Council Reports on Recent and Upcoming Events. 13.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll 14.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 15. Necessary Action from Executive Session 16. Adjournment Page 3 City of Coppell, Texas Printed on 2/21/2025 February 25, 2025City Council Meeting Agenda ________________________ 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 21st day of February, 2025, 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 4 City of Coppell, Texas Printed on 2/21/2025 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7913 File ID: Type: Status: 2025-7913 Agenda Item Executive Session 1Version: Reference: In Control: City Council 02/18/2025File Created: Final Action: 3.334 updateFile 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 2025-7913 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 2/21/2025 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7918 File ID: Type: Status: 2025-7918 Agenda Item Executive Session 1Version: Reference: In Control: City Council 02/18/2025File Created: Final Action: Exec 2/25/25File Name: Title: Seek legal advice from City Attorney regarding zoning and development code issues in the area East of Royal Lane, West of Denton Tap, South of Sandy Lake, and North of Bethel Road. 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 2025-7918 Title Seek legal advice from City Attorney regarding zoning and development code issues in the area East of Royal Lane, West of Denton Tap, South of Sandy Lake, and North of Bethel Road. Summary Page 1City of Coppell, Texas Printed on 2/21/2025 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7919 File ID: Type: Status: 2025-7919 Agenda Item Executive Session 1Version: Reference: In Control: City Council 02/18/2025File Created: Final Action: Exec - eco dev prospects s. of sandy lake and w. of denton tap File Name: Title: Discussion regarding economic development prospects south of Sandy Lake Road and west of Denton Tap Road. 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 2025-7919 Title Discussion regarding economic development prospects south of Sandy Lake Road and west of Denton Tap Road. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Strategic Pillar Icon: Create Business and Innovation Nodes Page 1City of Coppell, Texas Printed on 2/21/2025 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7920 File ID: Type: Status: 2025-7920 Agenda Item Executive Session 1Version: Reference: In Control: City Council 02/18/2025File Created: Final Action: Exec - land s. of bethel rd, e. of freeport pkwyFile Name: Title: Discussion regarding property located south of Bethel Road and east of Freeport Parkway. 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 2025-7920 Title Discussion regarding property located south of Bethel Road and east of Freeport Parkway. Summary Fiscal Impact: N/A Staff Recommendation: N/A Strategic Pillar Icon: Create Business and Innovation Nodes Page 1City of Coppell, Texas Printed on 2/21/2025 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7912 File ID: Type: Status: 2025-7912 Agenda Item Work Session 1Version: Reference: In Control: Finance 02/17/2025File Created: Final Action: Water Conservation DashboardFile Name: Title: A. Discussion regarding agenda items. B. Update from Discover Coppell campaign. C. Presentation of Water Conservation Dashboard. Notes: Sponsors: Enactment Date: Dashboard Memo.pdf, Discover Coppell Memo.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 2025-7912 Title A. Discussion regarding agenda items. B. Update from Discover Coppell campaign. C. Presentation of Water Conservation Dashboard. Summary Page 1City of Coppell, Texas Printed on 2/21/2025 1 MEMORANDUM To: Mayor and City Council From: Jerry Young, Business Analyst, Strategic Financial Engagement Mike Garza, P.E., Director of Public Works Date: February 25, 2025 Reference: Water Dashboard Presentation 2040: Sustainable Government Staff will provide a presentation regarding the City’s water consumption dashboard. 1 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: February 25, 2025 Reference: Update from Discover Coppell campaign. Chamber of Commerce President Ellie Braxton will provide an update regarding the Discover Coppell campaign. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7915 File ID: Type: Status: 2025-7915 Agenda Item Presentations 1Version: Reference: In Control: City Council 02/18/2025File Created: Final Action: CSFO UpdateFile Name: Title: Coppell Sustainable Food Organization Annual Update. 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 2025-7915 Title Coppell Sustainable Food Organization Annual Update. Summary Page 1City of Coppell, Texas Printed on 2/21/2025 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7916 File ID: Type: Status: 2025-7916 Agenda Item Presentations 1Version: Reference: In Control: City Council 02/18/2025File Created: Final Action: SA Red KettleFile Name: Title: Presentation by The Salvation Army regarding the Red Kettle Campaign. 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 2025-7916 Title Presentation by The Salvation Army regarding the Red Kettle Campaign. Summary Page 1City of Coppell, Texas Printed on 2/21/2025 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7914 File ID: Type: Status: 2025-7914 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 02/18/2025File Created: Final Action: Minutes 2/11File Name: Title: Consider approval of the Minutes: February 11, 2025. Notes: Sponsors: Enactment Date: CM 2025-02-11.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 2025-7914 Title Consider approval of the Minutes: February 11, 2025. Summary Page 1City of Coppell, Texas Printed on 2/21/2025 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 6:30 PM Council ChambersTuesday, February 11, 2025 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;Jim Walker;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;Ramesh Premkumar and Biju Mathew Present 7 - Mark HillAbsent1 - 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, February 11, 2025, at 6:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Executive Session at 6:30 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.072, Texas Government Code - Deliberation regarding Real Property. Discussion regarding property south of Sandy Lake Road and east of Denton Tap Road. Discussed under Executive Session Page 1City of Coppell, Texas February 11, 2025City Council Minutes Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Wes Mays adjourned the Executive Session at 6:35 p.m. and convened into the Work Session at 6:38 p.m. A. Discussion regarding agenda items. B. Receive a legislative update. C. Briefing on elected officials endorsing political candidates. Presented in Work Session Regular Session Mayor Wes Mays adjourned the Work Session at 7:03 p.m. and convened into the Regular Session at 7:30 p.m. Invocation 7:30 p.m.4. Sumesh Jacob, with First United Methodist Church, gave the Invocation. Pledge of Allegiance5. Mayor Wes Mays led the audience in the Pledge of Allegiance. Citizens’ Appearance6. Mayor Wes Mays asked for those who signed up to speak: 1) Thomas Burrows, 138 Wynnpage, spoke in regards to code compliance. 2) Shyni Varghese, 834 Chalfont Place, spoke in regards to vandalism at her home. 3) Carol Varghese, 834 Chalfont Place, spoke in regards to vandalism at her home. 4) Pastor Manoj Varghese, 843 Chalfont Place, spoke in regards to vandalism at his home. Consent Agenda7. A.Consider approval of the Minutes: January 28, 2025. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Jim Walker, that Consent Agenda Items A through F be approved. The motion passed by an unanimous vote. B.Consider approval of an Ordinance for PD-157R9-C (Planned Development 157-Revision 9-Commercial) to allow the operation of a 1,167-square-foot restaurant located at 817 S. MacArthur along the west side of S. MacArthur Blvd.; south of E. Belt Line Road; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Page 2City of Coppell, Texas February 11, 2025City Council Minutes Councilmember Jim Walker, that Consent Agenda Items A through F be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-821 C.Consider approval of an Ordinance for PD-320-TC, a zoning change request from TC (Town Center) to PD-320-TC (Planned Development 320- Town Center) to allow the operation of a 4,618 square-foot drive-through restaurant located along the east side of Denton Tap Road; north of Town Center Blvd. at 240 N. Denton Tap Road; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Jim Walker, that Consent Agenda Items A through F be approved. The motion passed by an unanimous vote. Enactment No: OR 91500-A-822 D.Consider approval of an amended and restated to the Interlocal Agreement between the City of Coppell and the City of Lewisville, to add Feather Smash Addition, Lot 2, Block A, to the agreement, to allow for the continued use of the sanitary sewer allowing the construction of 12 pickleball courts and a clubhouse of Lot 2, Block A; and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Jim Walker, that Consent Agenda Items A through F be approved. The motion passed by an unanimous vote. E.Consider approval of Coppell Recreation Development Corporation appointment of officers. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Jim Walker, that Consent Agenda Items A through F be approved. The motion passed by an unanimous vote. F.Consider accepting the resignation of Vinay Gudur from the Board of Adjustment. A motion was made by Mayor Pro Tem Kevin Nevels, seconded by Councilmember Jim Walker, that Consent Agenda Items A through F be approved. The motion passed by an unanimous vote. End of Consent Agenda City Manager Reports, Project Updates, Future Agendas, and Direction from Work Session 8. City Manager Mike Land gave the following updates: Magnolia Park Trail – The contractor is continuing to work on the gabion basket installation. Woodhurst –  The contractor is finishing up punch list items. Page 3City of Coppell, Texas February 11, 2025City Council Minutes DART – The contractor is continuing to work on completing sidewalks and asphalt repairs at several of the intersections. Fire Station #5 – The building is expected to be dried in (enclosed) by Friday. Service Center – The contractor is continuing the subgrade prep for the foundation of the new building. 635 U-turn – TXDOT is continuing work on the U-turn bridge. Mayor and Council Reports on Recent and Upcoming Events.9. Connect with your neighbors, meet city officials, and learn how to strengthen your community at the Regional Neighborhood Summit on Saturday, February 15th from 8 AM to 12:30 PM at the Flower Mound Senior Center. Hosted by the City of Coppell, the Town of Flower Mound, and the City of Lewisville, the event will feature a variety of information sessions presented by local leaders and industry professionals. Topics include neighborhood safety, tree care 101, and The 8 Door Challenge, a program that teaches participants easy ways to get to know their neighbors. Registration and more information can be found at flowermound.gov/neighborhoodsummit. The Coppell Chamber of Commerce is hosting the Annual Mayor’s Luncheon on Tuesday, February 25th beginning at 11 AM, at the Coppell Arts Center. Be there for a fun and informative Q&A Style presentation between City Manager Mike Land and me. The event will offer an invaluable opportunity to hear insights on the city’s current economic landscape, upcoming initiatives, and vision for the business community. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 10. The Coppell Chamber of Commerce is holding their annual awards and community Gala beginning at 6:00 p.m. at the Embassy Suites in Grapevine. Tickets are still available for purchase at coppellchamber.org. Necessary Action from Executive Session11. A motion was made by Councilmember Jim Walker, seconded by Councilmember Don Carroll, to approve an agreement by and between the City of Coppell and the Episcopal Diocese of Dallas c/o Church of the Apostles to purchase 2.015 + acres of real property from said Diocese located on Starleaf Street, within the City of Coppell, Dallas County, Texas, in an amount not to exceed $790,000 Dollars, US, plus reasonable closing costs and filling fees, if any; and to authorize the City Manager and Mayor to execute any and all necessary documents after approval as to form by the City Attorney. The motion passed by an unanimous vote. Adjournment12. There being no further business before this Council, the meeting adjourned at 7:54 p.m. Page 4City of Coppell, Texas February 11, 2025City Council Minutes ________________________ Wes Mays, Mayor ATTEST: ________________________ Ashley Owens, City Secretary Page 5City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7884 File ID: Type: Status: 2025-7884 Agenda Item Consent Agenda 1Version: Reference: In Control: Finance 02/03/2025File Created: Final Action: Utility Bill printing and mailing serviceFile Name: Title: Consider approval of a master service agreement for data processing, printing, and mailing services to Infosend as budgeted in the Water Sewer Fund and the General Fund, in the amount of $139,869.60; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Bid Analysis.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 2025-7884 Title Consider approval of a master service agreement for data processing, printing, and mailing services to Infosend as budgeted in the Water Sewer Fund and the General Fund, in the amount of $139,869.60; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this agenda item is approximately $139,869.60 annually, budgeted in the Water Sewer Fund and General Fund. Staff Recommendation: The Strategic Financial Engagement Department and the Community Information Office recommend approval of awarding a master service agreement to Infosend for above stated services. Page 1City of Coppell, Texas Printed on 2/21/2025 Master Continued (2025-7884) Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 2/21/2025 To: Mayor and City Council From: Regina Salazar, Utility Billing Manager Via: Kim Tiehen, Director of Strategic Financial Engagement Date: February 25, 2025 Reference: Consider approval of a master service agreement for data processing, printing, and mailing services to Infosend as budgeted in the Water Sewer Fund and the General Fund, in the amount of $139,869.60; and authorizing the City Manager to sign any necessary documents. 2040: Sustainable City Government Introduction: The purpose of this agenda item is to seek approval to award a master service agreement to Infosend for data processing, printing, and mailing services of documents including but not limited to utility bills, newsletters, postcards, and letters for an approximate annual cost of $139,869.60 with an initial term of 12 months and an option to extend the term for up to four additional one-year terms. This request is based on staff’s thorough review and analysis of responses to the Request for Proposals (RFP) to determine the total best solution for the City. Background: The City’s current contract for this service was ending, so staff issued an RFP to identify vendors that could provide reliable and cost-effective printing and mailing services for utility bills, newsletters, postcards, and letters. The City received three (3) responses to the RFP. To determine the total best solution, the responses were evaluated based on cost, service capabilities, and alignment with City requirements as well as discussions with references provided by each respondent. A summary comparison of the more detailed analysis provided with this agenda item is shown below: VariVerge is not able to meet the City’s requirements regarding the newsletter. Therefore, the City would need to outsource this process to another vendor and then coordinate the transfer to this vendor for inclusion with the utility bill and subsequent mailing. Matrix provided a cost slightly less than Infosend. However, staff’s evaluation is that this vendor does not provide the total best solution based on analysis of response to RFP and referral responses. Infosend is the City’s current vendor. Infosend has demonstrated responsive customer service and willingness to collaborate with staff. Staff’s evaluation of this vendor’s response to the RFP, pricing, and experience results in staff recommending Infosend as the total best solution for this service. Benefit to the Community: Selecting the right vendor ensures timely and accurate delivery of utility bills, minimizing delays and errors for residents. Efficient processing reduces operational costs, ensuring fiscal responsibility while maintaining high service standards for the community. Legal Review: Agenda item was reviewed by Legal as part of the agenda packet. Fiscal Impact: The fiscal impact of this agenda item is approximately $139,869.60 budgeted annually in the Water Sewer Fund and General Fund. Recommendation: The Strategic Financial Engagement Department and the Community Information Office recommend approval of awarding a master service agreement to Infosend for above stated services. VariVerge Matrix Infosend Total Monthly Cost of Utility Bill Statements 9,517.50$ 8,569.80$ 8,815.50$ Total Monthly Cost of Late Notices 1,128.00 1,015.68 1,044.80 Total Monthly Printing & Mailing Cost for Utility Bills 10,645.50$ 9,585.48$ 9,860.30$ Total Cost of Inserts *N/A 1,296.00 1,795.50 Total Monthly Printing & Mailing Cost for Utility Bills & Inserts Not Available 10,881.48$ 11,655.80$ Estimated Annual Printing & Mailing Cost for Utility Bills & Inserts N/A 130,577.76$ 139,869.60$ City of Coppell Responses to Request for Proposal for Utility Bill Printing, Mailing, and Newsletter Inserts VariVerge Response to RFP Matrix Response to RFP Infosend Response to RFP (Current Vendor) Statements Cycle 1 and 2 totals $ per piece invoice$Statements Cycle 1 and 2 totals $ per piece invoice$Statements Cycle 1 and 2 totals $ per piece invoice$ bill package 13500 0.16 2,160.00$ bill package 13500 0.0928 1,252.80$ bill package 13500 0.113 1,525.50$ postage 13500 0.545 7,357.50$ postage 13500 0.542 7,317.00$ postage 13500 0.54 7,290.00$ Total Monthly Cost of Utility Bill Statements 9,517.50$ Total Monthly Cost of Utility Bill Statements 8,569.80$ Total Monthly Cost of Utility Bill Statements 8,815.50$ Dunning Notices(Late notices)totals $ per piece invoice$Dunning Notices(Late notices)totals $ per piece invoice$Dunning Notices(Late notices)totals $ per piece invoice$ bill package 1600 0.16 256.00$ bill package 1600 0.0928 148.48$ bill package 1600 0.113 180.80$ postage 1600 0.545 872.00$ postage 1600 0.542 867.20$ postage 1600 0.54 864.00$ Total Monthly Cost of Late Notices 1,128.00$ Total Monthly Cost of Late Notices 1,015.68$ Total Monthly Cost of Late Notices 1,044.80$ Total Monthly Printing & Mailing Cost for Utility Bills 10,645.50$ Total Monthly Printing & Mailing Cost for Utility Bills 9,585.48$ Total Monthly Printing & Mailing Cost for Utility Bills 9,860.30$ Cost of inserts *See Below Cost of inserts 1,296.00$ Cost of inserts Total Cost of Inserts N/A Total Cost of Inserts 1,296.00$ Total Cost of Inserts 1,795.50$ Total Printing & Mailing Cost for Utility Bills & Inserts Not Available Total Printing & Mailing Cost for Utility Bills & Inserts 10,881.48$ Total Printing & Mailing Cost for Utility Bills & Inserts 11,655.80$ Estimated Annual Printing & Mailing Cost for Utility Bills & Inserts N/A Estimated Annual Printing & Mailing Cost for Utility Bills & Inserts 130,577.76$ Estimated Annual Printing & Mailing Cost for Utility Bills & Inserts 139,869.60$ *Vendor not able to meet City's requirements. In addition, the City Although the total price is less, staff's evaluation is that this vendor does not provide Staff's evaluation of the vendor's response to the RFP, pricing, and experience with would need to outsource this process and then have the third party the total best solution based on analysis of response to RFP and referal responses.this vendor results in staff providing a total best solution assessment of this vendor. coordinate with this vendor. Vendor not selected since all services not available. InfoSend MSA Version 3.3 1 | P a g e InfoSend Master Service Agreement This Master Service Agreement (“Agreement”) is entered into on ____________________________ (the “Effective Date”) by and between City of Coppell, Texas, a Public Agency, having its main office at 255 E. Parkway Blvd, Coppell, Texas 75019 (“Client”) and InfoSend, Inc., a California Corporation, having its main office at 4240 E. La Palma Avenue, Anaheim, California 92807 (“InfoSend”). Client and InfoSend are collectively referred to herein as the “parties” and individually as a “party.” In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows: 1 Definitions For the purposes of this Agreement, the following terms and words shall have the meaning ascribed to them, unless the context clearly indicates otherwise. 1.1 “Affiliate” means, with respect to a party, any entity or person that, directly or indirectly, owns or is owned by (whether in whole or in part), controls or is controlled by, or is under common control with, such party. 1.2 “Agreement” shall refer to this Agreement, as amended from time to time, which shall constitute an authorization for the term of this Agreement for InfoSend to provide the Services, described herein, to the Client. 1.3 “User(s)” shall mean a customer or employee of Client accessing InfoSend hosted applications via the Internet. Users of the System will agree to accept all the terms and conditions herein, and may be issued a unique User ID and/or password by InfoSend or Client. 1.4 “Services” shall include the performance of the Services outlined in Section 2 and detailed in Exhibits A and C of this Agreement. 1.5 “System” shall include all InfoSend hosted data and software applications. 1.6 “Client Data” shall refer to all Client-supplied computer data files that contain personally identifiable information. 2 Services Provided by InfoSend 2.1 Scope of Services Subject to the terms and conditions of this Agreement, InfoSend, itself and/or through its Affiliate(s), shall provide to Client, and Client shall purchase from InfoSend, the services listed in Exhibit A (“Scope of Primary Services”) to this Agreement at the price set forth in Exhibit B (“InfoSend Fees”). In the event Client requires other consulting, installation, development and/or customization services, InfoSend shall perform and Client shall purchase such services in accordance with the provisions of Exhibit C (“Professional Services”) of this Agreement. 2.2 Professionalism InfoSend and Client shall operate in a professional manner under this Agreement: in providing and receiving Services under this Agreement, the parties will perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession under similar circumstances. 2.3 Time of Performance of Services InfoSend and Client acknowledge and agree that each party will use reasonable diligence to perform their respective obligations under this Agreement in a timely manner. 3 License Grant and Restrictions 3.1 Grant of License InfoSend agrees to provide to Users the right to use software and the provision of Services, but in all cases only in full and complete compliance with all of the terms and conditions of this Agreement. Subject to the terms of this Agreement, InfoSend hereby grants, and Client hereby accepts, for the Term (as defined herein) of this Agreement, a non-exclusive, non-transferable license to access and use and to permit its Users to access and use the System via the Internet (the “License”). 3.2 License Restrictions Client hereby agrees not to: (i) reproduce, download, modify, create derivative works from, distribute, or attempt to reverse engineer, decompile, disassemble, or access the source or object code for, the System; (ii) use the System, or any component thereof, in any manner contrary to applicable laws or government regulations; or (iii) otherwise affect or attempt to enable the unauthorized use (with or without User ID and/or password) of the System. InfoSend MSA Version 3.3 2 | P a g e 4 Privacy and Security 4.1 Regulatory Compliance InfoSend will maintain compliance with required Payment Card Industry (PCI) Data Security Standards and Cardholder Information Security Standards, applicable rules and regulations of the Health Insurance Portability and Accountability Act (HIPAA), and applicable sections of the Gramm-Leach-Bliley Act of 1999. 5 Term & Termination 5.1 Term The initial term of this Agreement shall commence on the effective date of this Agreement and continue for a period of one (1) year (“Initial Term”) from the Effective Date. This Client will have the right and option to extend the term for up to four (4) additional one (1) year terms by providing written notice to InfoSend of the Client’s election to extend the term hereof, such notice to be given not less than ninety (90) days prior to the expiration of the Initial Term. 5.2 Termination for Cause This Agreement may be terminated for cause as follows: (i) Material Breach A material breach of this Agreement by either party shall be cured within thirty (30) days after a party notifies the other of such breach. For those breaches which cannot reasonably be cured within thirty (30) days, the breaching party shall promptly commence curing such breach and thereafter proceed with reasonable due diligence to substantially cure such breach (the “Cure Period”). In the event that such material breach has not been cured within the Cure Period, the non-breaching party may terminate this Agreement in its entirety, or as it pertains to a particular Product, Deliverable, Service or Professional Service, by providing the other party with thirty (30) days’ written notice as of a date specified in such notice. (ii) Failure to Pay After sixty (60) days of nonpayment on undisputed invoices, InfoSend may, at InfoSend’s option, terminate this Agreement in its entirety or as it pertains to a particular Product, Deliverable, Service or Professional Service, by giving written notice to Client, as of a date specified in such termination notice, pursuant to Section 6.3. (iii) Insolvency or Bankruptcy In the event that either party becomes or is declared insolvent or bankrupt, is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer for it, makes an assignment for the benefit of all or substantially all of its creditors, or enters into an agreement for the composition, extension or readjustment of all or substantially all of its obligations, then the other party hereto may, by giving written notice thereof to such party, terminate this Agreement as of the date specified in such notice of termination. (iv) Non-Appropriation of Funds Non-Appropriation of funds by government entities if Client is a city, county, municipality or other government entity 5.3 Upon Termination Upon termination of this Agreement, the parties agree to cooperate with one another to ensure that all accounts receivable are accounted for. Upon termination, InfoSend shall cease all Services provided hereunder, unless otherwise directed by the Client in writing and assuming all client fees remain current. Upon termination, Client will promptly pay to InfoSend any and all charges due, without offset, including but not limited to payables that are due pursuant to this Agreement, accrued finance charges, and the Discontinuance Fee set forth below, where applicable. 5.4 Discontinuance Fee This Clause has been waived. 5.5 Force Majeure Neither party shall be liable, or deemed to be in default, to the other for any failure or delay in performing an obligation under this Agreement to the extent that its performance is delayed, impaired or rendered impossible by an event beyond its control (“Force Majeure Event”) such as natural disasters, war, terrorist acts, riots, labor strikes or shortages, civil disturbances, extra-ordinary losses of utilities (including telecommunications services), computer “hacker” attacks on internet infrastructure, regulatory restrictions, change in law or regulation or other acts of government authority, including civil and military authorities and courts, fuel or energy shortages, transportation stoppages or slowdowns, the inability to procure parts or raw materials, pandemics, supply-chain issues which causes a substantial increase in costs or decrease in availability of materials necessary for InfoSend InfoSend MSA Version 3.3 3 | P a g e and/or its Affiliate(s) to perform services under this Agreement, and/or acts or omissions of common carrier. These causes will not excuse Client from paying previously accrued payables due to InfoSend through any available lawful means acceptable to InfoSend. 6 Invoicing and Payments 6.1 Invoicing InfoSend will invoice Client monthly and Client will pay InfoSend the fees described in and/or computed in accordance with Exhibit B (InfoSend Fees). Client payment of these invoices is due upon receipt in U.S. dollars and shall be paid NET 30 unless expressly agreed to by InfoSend. 6.2 Dispute of Invoice Should Client dispute any invoices, it must do so in writing within ninety (90) days of the invoice date with specific details as to the matters in dispute or any dispute shall be deemed waived. 6.3 Late Payments InfoSend may elect to assess finance charges on any or all undisputed invoices that become past due at a rate of 1.5% per month. The recurring nature of InfoSend’s Services result in a rapid rise in financial loss to InfoSend if a Client’s accounts payable process is delayed, particularly when InfoSend is invoicing Client for postage charges. Therefore, InfoSend reserves the right to suspend Services until payments are brought current if past due account balances cannot be collected from Client. InfoSend’s Accounting staff will notify Client in writing before Services are suspended and give Client an opportunity to bring the account current before Services are put on hold. Should a hold be instigated, it will immediately be removed once the account is brought current. 7 Communications 7.1 Notices Any notice hereunder must be in writing and sent by overnight courier service (such as FedEx or UPS), or USPS certified mail, all with delivery signature requested, to the other party hereto at the respective address set forth below: To Client: City of Coppell, Texas C/O (Department): _________________________ Address: 255 E. Parkway Blvd Coppell, Texas 75019 To InfoSend: C/O: President Address: 4240 E. La Palma Avenue Anaheim, CA 92807 Notice shall be deemed to have been given and received one (1) business day after being sent via overnight courier service, or three (3) business days after being mailed by USPS certified mail. Each party may update its address or email address by providing written notice to the other party of such change in accordance with this section. 8 Confidentiality & Intellectual Property 8.1 Confidentiality All information and data relating to Client’s business, as well as all User information, submitted by Client to InfoSend and/or its Affiliate(s) under this Agreement shall be treated as confidential by InfoSend and shall not, except as required to perform the Services under this Agreement or otherwise required by law, be disclosed to any third party by InfoSend without Client’s written consent. Notwithstanding anything to the contrary, the following shall not be deemed confidential: (a) information that is in the public domain through no fault of InfoSend or its Affiliate(s); (b) information that was known to InfoSend or its Affiliate(s) prior to disclosure by Client; or (c) information that is independently developed by InfoSend or its Affiliate(s) without use of or reference to Confidential Information. InfoSend shall promptly notify Client should InfoSend be served with a summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admission, or other discovery request or court order (a “Request to Disclose”) from any third party regarding this Agreement, the Services performed under this Agreement, and/or seeking such information or data. Client shall be responsible to timely make appropriate objections to any Request to Disclose if notified in accordance to this subsection. Client will not disclose to any third party or use for any purpose inconsistent with this Agreement any confidential or proprietary non-public information it obtains from InfoSend during the term of this Agreement about InfoSend’s business (the “Confidential Information”), which Confidential Information shall include InfoSend’s operations, financial condition, technology, systems, suppliers, clients or prospective clients, marketing data, plans, pricing, and models, or personnel, unless required by applicable law. Client will InfoSend MSA Version 3.3 4 | P a g e ensure that its employees and agents similarly abide by the requirements hereof. Client will promptly notify InfoSend of its receipt of a Request to Disclose and Confidential Information, and InfoSend shall be responsible to timely make appropriate objections thereto. InfoSend, and its licensors, where applicable, owns all rights, title and interest, including all related Intellectual Property Rights, in and to InfoSend technology, the content and the Services. The InfoSend name, the InfoSend logo, and the product names associated with the Service are trademarks of InfoSend or third parties, and no right or license is granted to use them. 9 Representations & Warranties 9.1 InfoSend Representations and Warranties InfoSend represents and warrants that it has the legal power and authority to enter into this Agreement and that Services will be provided in a professional and workmanlike manner. InfoSend warrants that the Services will materially perform the functions that the Client has selected under normal use and circumstances and that InfoSend shall use commercially reasonable measures to protect Client Data to the extent that it retains such data in the operation of the Services. Provided that Client gives InfoSend written notice of failure to meet the foregoing warranty within sixty (60) days following delivery of any Services, or as otherwise specified in a Statement of Work (“SOW”), InfoSend warrants that it will use commercially reasonable efforts to correct any Services that fail to comply with the foregoing warranty. If there is no notice by Client within sixty (60) days following delivery of any Services, or as otherwise specified in a Statement of Work (“SOW”), it shall be deemed Client has accepted the Services and waived any claims to the otherwise. 9.2 Client Representations and Warranties Client represents and warrants that it has the legal power and authority to enter into this Agreement and provide to InfoSend all information and data necessary for InfoSend to perform the Services. Client further warrants that it will comply with all laws, regulations, and compliance requirements applicable to Client’s and User’s activities covered by this Agreement. 9.3 Warranty Disclaimer Except as expressly set forth in Section 9.1 above, InfoSend disclaims all other representations or warranties, express or implied, made to Client or any other party, including without limitation, any warranties regarding quality, suitability, merchantability, fitness, for a particular purpose or otherwise of any services or any good provided incidental to the Services provided under this Agreement, to the extent permitted by applicable law. InfoSend and its licensors and payment processors do not represent or warrant that (i) the use of the Services will be uninterrupted or error-free, or operate in combination with any other hardware, software, system or data; or (ii) the Services will not delay in processing or paying to the extent such delay is caused by things outside the control of InfoSend. Services may be subject to the limitations, delays, and other problems inherent in the use of the Internet and electronic communications. InfoSend is not responsible for any delays, delivery failures, or other damage resulting from such problems. In performing the Services, InfoSend is responsible for producing for print or online display the content that Client provides to InfoSend. InfoSend is not responsible for reviewing the content for spelling or typos, nor is InfoSend responsible for verifying the accuracy or legality of the content. It is Client’s sole responsibility to verify that the content that InfoSend’s applications will produce on Client’s behalf is appropriate for distribution. 9.4 Inbound Communication Services Disclaimer InfoSend Inbound Communication services are intended to receive communications and data from clients to facilitate the performance of InfoSend Services. While the inbound services have been created with certain available tools and practices, they are dependent on infrastructure that is inherently not fail-proof, including but not limited to infrastructure such as United States Postal Service (“USPS”) delivery standards, software, network services, telephone and SMS services, and email. Examples of situations that could cause failure include but are not limited to: USPS failure to deliver, down phone lines, all lines busy, equipment failure, email address changes, and Internet service disruptions. Client acknowledges that it is aware of the potential hazards associated with using such infrastructure and will be responsible for ensuring InfoSend is in receipt of any communication or data destined for InfoSend. Client releases InfoSend from any and all liability that results from an unsuccessful communication or data transfer to InfoSend, one which does not produce a confirmation receipt from InfoSend 9.5 Outbound Services Disclaimer InfoSend MSA Version 3.3 5 | P a g e InfoSend Outbound Communication services are intended to create additional methods of communication for clients in support of existing processes. These services are not intended to replace all interaction with clients’ end users or employees. While the outbound services have been created with certain available tools and practices, they are dependent on infrastructure that is inherently not fail - proof, including but not limited to infrastructure such as United States Postal Service (“USPS”) delivery standards, software, computer hardware, network services, telephone and SMS services, and email. Examples of situations that could cause failure include but are not limited to: USPS failure to deliver, down phone lines, all lines busy, equipment failure, email address changes, and Internet service disruptions. For this reason, while outbound services are valuable in providing enhanced communication, they are specifically not designed to be used as the sole method to deliver critical messages. Client acknowledges that Client is aware of the potential hazards associated with relying on an automated outbound service feature when using InfoSend services. Client agrees that it is giving up in advance any right to make any claim against InfoSend, and that Client forever releases InfoSend from any and all liability caused by (a) any failed USPS delivery; (b) any failed email delivery; (c) any failed SMS or call attempts (including excess of calls over and above network or system capacity), incomplete calls, or any busy-outs; or (d) any failure to transmit, obtain or collect data from callers or for human and machine errors, faulty or erroneous input, inarticulate caller communication, caller delays or call lengths exceeding estimated call lengths or omissions, delays and losses in connection with the Services provided hereunder. Such release shall include instances where Client, Client’s employees, or Client’s end user suffer injury or damage due to the failure of outbound services to operate, even though InfoSend may know or suspect what or how extensive those injuries or damages might be, unless such losses were directly attributable to InfoSend’s gross negligence or willful misconduct. 10 Insurance 10.1 InfoSend’s Insurance Provisions InfoSend will maintain the following minimum insurance levels during the Initial Term of this Agreement and any Renewal Terms: • Commercial General Liability coverage in the amount of $1,000,000.00 per occurrence and $2,000,000.00 in aggregate. • Automobile Liability Insurance coverage in the amount $1,000,000.00 per occurrence. • Umbrella Liability Insurance in the amount of $5,000,000.00 per occurrence and in aggregate. • Worker’s Compensation Insurance with at least the minimum coverage amounts required by law. • Errors & Omissions Insurance with a $5,000,000.00 coverage limit. 11. Indemnification & Limitation of Liability 11.1 Indemnification InfoSend is a service provider. As such, Client acknowledges that data processing involves the risk of human and machine errors and that InfoSend shall not be liable for any errors, omissions, delays or losses. InfoSend will not be responsible for actions, omissions or delays to Services resulting from incomplete, late or faulty data and/or instructions transmitted by Client. Client shall indemnify, defend and hold InfoSend an d InfoSend’s Affiliate(s) harmless from any and all claims, damages, awards, costs, fees, expenses, interest, and penalties related to or arising from Client’s breach of any provision of this Agreement, any unlawful conduct of Client, and/or any event beyond the reasonable control of InfoSend or its Affiliate(s), including, without limitation, (a) failures or limitations on the availability of third-party telecommunications or other transmission facilities; (b) Client failure to maintain security or confidentiality of data or access credentials; and/or (c) violation of any applicable laws, regulations or industry standards. 11.2 Limitation of Liability In no event shall InfoSend, or its Affiliate(s) be liable for indirect, special or consequential damages even if InfoSend has been advised of the possibility of such potential claim, loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. The aggregate liability of InfoSend and its Affiliate(s) arising from or relating to this Agreement for any claim shall be limited to the fees that InfoSend received from Client in the preceding twelve (12) months prior to the accrual of the claim. 12 General 12.1 Independent Contractor Client and InfoSend agree and understand that the relationship between both parties is that of an independent contractor. No joint venture, partnership, InfoSend MSA Version 3.3 6 | P a g e employment or agency relationship exists between Client and InfoSend as a result of this Agreement or use of the Service. 12.2 Governing Law This Agreement shall be governed by the substantive laws of the state of Texas without regard to the choice or conflicts of law provisions of any jurisdiction. 12.3 Entire Contract; Amendment This Agreement (including its Exhibits) contains the entire agreement between the Parties with respect to its subject matter and supersedes all other prior and contemporaneous contracts and understandings between the Parties, whether oral or written. Modifications or changes to this Agreement, other than as specified at Exhibit B, must be in writing and executed by the parties. 12.4 Severability If a word, sentence or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said word, sentence or paragraph did not exist. 12.5 Assignment This Agreement may not be assigned by either party without the prior written approval of the other party, unless it is being assigned to (i) a parent or wholly owned subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. 12.6 Survival All of the terms of this Agreement which by their nature extend beyond the expiration or termination of the Agreement, including but not limited to indemnification obligations, payment obligations, confidentiality obligations and limitations of liability, shall survive expiration or termination of the Agreement and remain in full force and effect. 12.7 Attachments The following documents are attached hereto as Exhibits, and are incorporated by reference in their entirety: Exhibit A: Scope of Primary Services Exhibit B: InfoSend Fees Exhibit C: Professional Services 12.8 Cooperative Agreement (“Piggybacking”) The parties agree that InfoSend may offer the prices, terms and conditions offered herein to other government agencies that wish to participate in a cooperative purchase program with Client. InfoSend will review these requests from other government agencies on a case-by- case basis to decide whether this Agreement can be extended to the new agency. At minimum, the following requirements must be met for the prices in this Agreement to be extended to the new agency: • The new agency must require similar types of service for similar document types (i.e., statements, late notices); • The monthly document volume that InfoSend will produce must be similar, or at a minimum, acceptable; • The new agency must agree to use InfoSend’s standard materials; and, • The prices in this Agreement must still be profitable. If the above conditions are not met then InfoSend will provide the new agency with revised pricing that it can elect to accept if it moves forward with the cooperative purchase program. Other agencies will be responsible for entering into separate Agreements with the contract and for all payments thereunder made directly to InfoSend. This Agreement is the result of an open, competitive procurement process conducted in accordance with applicable law. The provisions of this Agreement may be extended to other government agencies within the same jurisdiction, at InfoSend’s discretion. [SIGNATURE PAGE FOLLOWS] InfoSend MSA Version 3.3 7 | P a g e Agreement is entered into by and between: Client: By: ____________________________________ Name: _________________________________ Title: __________________________________ Date: __________________________________ InfoSend: By: _____________________________________ Name: __________________________________ Title: ___________________________________ Date: ___________________________________ InfoSend MSA Version 3.3 8 | P a g e Exhibit A - Scope of InfoSend Primary Services This Exhibit A is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Coppell, Texas (“Client”). This Exhibit A provides the Services which InfoSend, and/or its Affiliate(s), shall deliver to Client to permit Client’s customers (“Users”) to use the products and services to view and pay their bills. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement. Client will select one or more of InfoSend’s Primary Services from the list below by checking the box next to the Primary Ser vice name. Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment.  Data Processing, Printing and Mailing Service (“DPPM Service”): During the term of this Agreement, InfoSend will provide data processing, printing and mailing services. The Service consists of processing data, printing documents, mail preparation, applying postage (where applicable) and sending via the United States Postal Service. Document types include but are not limited to bills, postcards and letters.  eBusiness Services (the “eBusiness Services”): During the term of this Agreement InfoSend will provide eBusiness Services. These services can include presenting bills online and/or accepting and reporting payment transact ion information to facilitate ACH and/or credit card payments via web, Interactive-Voice-Response (IVR), SMS, or Bank Billpay (e-Lockbox). Section 1. Data Processing, Printing and Mailing (DPPM) Service Description A. Data Transfer and Processing • Client to transmit data to InfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete, it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C – Professional Services – for information on initial setup and ongoing programming changes. • Client will monitor transfer confirmation emails to ensure InfoSend is in receipt of the data. Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client. • A File Transfer Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend website. • Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the InfoSend -assigned “Job Code”. • InfoSend will process the mailing addresses and perform the following functions: o Apply CASS-certified address validation o Comply with USPS requirements to obtain pre-sort automation rates for qualified client mail pieces o Stay current with all USPS regulations required to mail presorted first-class mail • InfoSend will optionally provide proofs of the final print-ready PDF files to Client to be reviewed and approved before printing begins (if requested). B. Document Printing and Mailing • Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms. • Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. A return envelope and any applicable inserts are included as defined by client workflow. • After a batch of mail is completed in InfoSend’s system it will be marked as such in the online Job Tracker and a Process Confirmation Report will be emailed to the Client representatives who have opted-in to this email. A copy of this report is also available to download from the InfoSend website. Section 2. eBusiness Service Description A. General System Description • Mobile-Ready Customer Engagement: all products are mobile compatible out of the box, with no app store downloads required of customers. Powered by InfoSend's CCM platform, customer specific messaging and payment reminders are delivered electronically. InfoSend MSA Version 3.3 9 | P a g e • Multi-Channel Payment Collection: InfoSend's payment platform will consolidate web, telephone, SMS, CSR, in-person EMV and bank payments into a single lockbox file. • One-Time and Automatic Payments: allow customers to quickly make a one-time payment, as well as sign up to have their payment account auto debited with each billing cycle. • Bill Notification and Presentment: notify customers via email when a new bill is available, and securely deliver exact replica of printed document to customers inbox or show online via the secure portal. • Interactive Voice Response (IVR): accept customer payments via automated phone service with InfoSend-hosted phone number, enabling client phone systems to redirect customers with ease. • SMS Text-to-Pay: enrolled customers may opt in to receive text notifications of new bills, and reply to have the registered payment method drafted for the amount due, speeding up the time to payment. • Bank Payments (MasterCard RPPS): InfoSend can collect payments made via the customer bank and include them within the lockbox file. • PCI-Compliant Cloud Based Solution: electronic billing and payment related products hosted in the cloud by InfoSend in a secure PCI-Level 1 compliant environment. B. Data Transfer and Processing • Client to transmit data to InfoSend in an agreed upon format, using the Data Transfer and Processing workflow describe d in Section 1. • Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client. • If the Client is not using InfoSend’s DPPM Service, USPS address workflow will not be applied. • Data loaded into the eBusiness system is used to facilitate accurate payments via Web, IVR, SMS or Bank BillPay. C. Customer Enrollment and Bill Notification • Data loaded into the system will be used to facilitate customer enrollment, using two piec es of information specific to the customer bill. • For enrolled customers, system will send a notification of the new bill available via email. • For enrolled customers who have opted in, system will send an SMS alert. • For customers using the IVR system, bill information will be dictated by text to voice. • For customers paying via Bank BillPay, the account number can be validated by the system prior to accepting payment. • The system may optionally be configured to display a PDF replica of the bill image. D. Customer Payment and Reporting • Customers can make payment via Web, SMS, IVR or Bank BillPay, depending on channels which Client has requested InfoSend setup. • Payments can be configured to allow Users to pay by bank account and/or credit/debit card. • All payments will be reported in a standard daily “lockbox” file. InfoSend MSA Version 3.3 10 | P a g e Exhibit B - InfoSend Fees This Exhibit B is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Coppell, Texas (“Client”). This Exhibit B provides the Fees which InfoSend shall bill to Client in exchange for Services. To the extent that any term is not expressly defined herein, it shall have the meaning set f orth in the Agreement. Section 1. Price Escalations to InfoSend Fees InfoSend reserves the right to increase InfoSend Fees on an annual basis starting with the first anniversary of the Effective Date to account for increases in the cost of materials, labor, and other overhead. The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, unless other terms or conditions of the Agreement have changed. Postage fees can change at any tim e per USPS regulations and do not require an amendment to the Agreement. Additionally, if Client uses DPPM Services, InfoSend reserves the right to increase paper, form, and envelope fees as needed, with thirty (30) days’ written notice to Client, in the event of extraordinary increases to the cost of paper. InfoSend pricing is predicated on Client representations of Client and Client User transactional usage. Should Client’s actua l continuous volume and/or recurring frequency deviate by more than twenty-five percent (25%) from what Client has represented to InfoSend in Section 2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this situation aris e then InfoSend will notify Client immediately and negotiate with Client in good faith to pass on any increased costs to Client, in accordance with actual Client and Client User transactional usage. Should InfoSend and Client fail to agree upon updated Fees, InfoSend reserves the right to terminate this Agreement with one hundred and eighty (180) days’ notice. Section 2. Client Representations Client Volume Assumptions Customers Contacted or Billed Monthly 13,500 Statements 1,600 Notices Number of Batches Monthly Four (4) Section 3. DPPM Fees: Document Production Summary Statements & Notices Package includes: Data processing, one printed page up to 2/2 ink, InfoSend outgoing #10 envelope, InfoSend #9 return envelope $0.113 per document Finished mail pieces will be delivered to the USPS the same business day provided that the files are uploaded and approved by 12:00 PM CT. Files uploaded and approved after 12:00 PM CT will be mailed the following business day. The below provides the components of the summary price given above. All pricin g is based on “Client Volume Assumptions” listed and excludes applicable sales tax. Data Processing Setup Fee - Express PDF Input Files $0.00 (Waived during initial install) Setup Fee – Data Only Input Files $0.00 (Waived during initial install) Document Re-Design Fee $0.00 (Waived during initial install) InfoSend MSA Version 3.3 11 | P a g e Data Processing, Document Composition, Printing and Mailing Service Statement and Notices - Printing & Mailing Fee with up to 2/2 Ink $0.054 USPS Postage Pass-through A postage deposit will be required prior to starting service. Print Color Options (colors per side) * $0.054 for 1/0 or 1/1 printing $0.054 for 2/1 or 2/2 printing $0.056 for 3/1, 3/2, or 3/3 printing $0.060 for 4/0 or 4/1 printing $0.064 for 4/4 printing Inline Insert Print Fee* $0.054 for 1/0 or 1/1 printing $0.054 for 2/1 or 2/2 printing $0.056 for 3/1, 3/2, or 3/3 printing $0.060 for 4/0 or 4/1 printing $0.064 for 4/4 printing Batch Fee (per mailing batch under 200 mail pieces) $5.00 Excess Pages Handwork Surcharge (per mail piece) $0.35 Address Updates – per “hit” (address that gets updated) $0.30 NCOA $0.30 ACS Data Processing, Document Composition, Printing and Mailing service fees are bundled into one line item. *Prices assume normal ink/toner coverage for business documents. Flood coating the entire page in color or other types of extremely high coverage designs may cost more or not be technically feasible. Extremely high coverage designs can cause content to bleed through to the other side of the page or to cause the page to curl too much to work properly with high-speed mail inserting equipment. The postage deposit is subject to ongoing review and may be adjusted at any time to account for changes to Client average mailing volume or changes to USPS postage rates with at least thirty (30) days’ written notice to Client. Materials Standard 8.5” x 11” Paper Stock (per sheet) $0.016 Standard Double Window Outgoing #10 Envelope $0.023 Standard Single Window Return #9 Envelope $0.020 Outgoing Flat Envelope – used for mail pieces with excess pages $0.18 Insert Services InfoSend Produced Quoted based on specification Inserts – Small – 8.5” x 3.67” Based on quantity of 13,500. Pricing is good for 90 days. Pricing after 90 days subject to change and will be quoted at time of order based on specification. One Color Simplex One Color Duplex Two Color Simplex Two Color Duplex Full Color Simplex Full Color Duplex $0.0313 $0.0325 $0.0368 $0.0391 $0.051 $0.0553 Inserts – Medium – 8.5” x 7.33” Based on quantity of 13,500. Pricing is good for 90 days. Pricing after 90 days subject to change and will be quoted at time of order based on specification. One Color Simplex One Color Duplex Two Color Simplex Two Color Duplex Full Color Simplex Full Color Duplex $0.0644 $0.0685 $0.076 $0.082 $0.091 $0.0982 InfoSend MSA Version 3.3 12 | P a g e Inserts – Large – 8.5” x 14” Based on quantity of 13,500. Pricing is good for 90 days. Pricing after 90 days subject to change and will be quoted at time of order based on specification. One Color Simplex One Color Duplex Two Color Simplex Two Color Duplex Full Color Simplex Full Color Duplex $0.091 $0.097 $0.104 $0.115 $0.120 $0.133 Envelope Messaging (Snipes) Includes printing the message. Stock priced separately. Based on quantity of 13,500. Pricing is good for 90 days. Pricing after 90 days subject to change and will be quoted at time of order based on specification. One Color (face) Two Color (face) Full Color (face) Quoted based on specification. $0.026 $0.033 $0.065 Electronic Inserts $0.010 Inserting Fee Fee to insert an InfoSend produced or Client provided marketing or informational insert. Client provided (drop-shipped) inserts must be professionally packaged and ready for usage. If folding is required then additional fees apply based on folding requirements. Minimum fee is $0.01 per insert for folding. If inserts are not professionally packaged and damaged in shipment or require additional labor to prepare for inserting then additional fees can apply. Per item fee assumes the insert will be included in all mail pieces. Selective inserting is available but requirements must be reviewed on a case by case basis to determine if additional fees will apply for setup and handling. $0.010 per insert Optional Document Services Print Image Archiving (Per Document Image), with included USPS mail tracking $0.008 - For 12 Months of Retention $0.013 - For 18 Months of Retention $0.020 - For 24 Months of Retention $0.025 - For 36 Months of Retention Print Image Archive API Monthly Support Fee $100.00 Final Doc Transfer (FDT) Option 1: $0.015 per document. One PDF will be provided per batch with multiple documents in it. InfoSend standard batch file format provides account and page numbers for each record in the batch. Option 2: $0.025 per document. Each document will be provided in a separate PDF file. A custom batch file format can be provided if the InfoSend standard format will not work. Professional Services Rate (per hour) $150.00 Returned Mail Handling $0.35 per reported returned mail piece Remit Tracking $50 monthly support fee Email Bill Statement to Customers $0.055 each InfoSend MSA Version 3.3 13 | P a g e Section 3.1. Custom Forms/Envelopes If Client has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custom Client- specific materials (either in this Agreement or since its execution), then Client understands and accepts that these material s will be purchased in bulk to achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if Client stops using InfoSend’s Service for any reason. Client agrees to purchase th e remaining supply of custom forms/envelopes upon Client’s request to change the custom forms/en velopes before the supply has been depleted. Section 3.2. USPS Postage Rates Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS an d are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail. Section 3.3. Postage Deposit InfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to Client based on the Client’s payment terms. InfoSend requires Client to submit a postage deposit prior to the first mailing t o facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid. The postage deposit amount is calculated by multiplying the estimated number of mail pieces per month by the current 5 -Digit pre- sorted first class postage rate. The postage deposit amount due for your account is: Current postage deposit is already on file. The postage deposit is subject to ongoing review and may be adjusted at any time to account for changes to Client average mai ling volume or changes to USPS postage rates with at least thirty (30) days’ written notice to Client. Section 4. eBusiness Service Fees: Not Applicable Section 5. Client Go-Live and Fees InfoSend will provide Client with a Demo instance of the System to approve configuration and simulation of Services. Upon Cli ent approval of the Demo instance of the System and sample outputs from Services, InfoSend will create a copy of Demo System in Production for completion of final User Acceptance Testing (UAT). Client will be given the UAT Period to complete internal te sting prior to initiating Go-Live. All Setup and recurring Monthly Fees will become due upon the sooner of (a) Client Go -Live with the application or (b) 60 days from InfoSend delivery of Production System for UAT. InfoSend MSA Version 3.3 14 | P a g e Exhibit C – Professional Services This Exhibit C is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Coppell, Texas (“Client”). This Exhibit C provides InfoSend’s Professional Services Fees which InfoSend shall bill to Client in exchange for Professional Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement. Section 1. Price Escalations to InfoSend Professional Services Fees InfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of providing these services. InfoSend reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary of the Agreement date, if needed. The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed. Section 2. Definition of Professional Services InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend Prim ary Services defined in Exhibit A and the technical services r equired to make changes to these Primary Services after the initial setup is complete. Once any Primary Service is live and operational Professional Services will not be required unless Client requests a change o r makes changes to its data file format or business rules which necessitates a change to InfoSend’s system configuration or programming. Examples of InfoSend Professional Services: • Project requirements gathering and analysis hours • Project management and/or consulting hours • Software development and system configuration hours related to the processing of Client’s data • Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services • Application testing and deployment hours Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $150.00 per hour. In the event that a project will incur billable Professional Services hours, Client will be informed before work begins. InfoSend and Client will execute a Statement of Work for the project that Client wants InfoSend to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work c an include payment terms that are different than the terms listed in this Agreement for InfoSend Fees, otherwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professi onal Services can be initiated without a Statement of Work if Client accepts and executes a Programming Quote for this work. Any project that will take more than five (5) hours of Professional Services work will require both parties to execute a form al Statement of Work. Depending on the nature of the work required, InfoSend will provide one of the following quotation methods: • Fixed Quote – a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. Client understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure, etc., after the Statement of Work and any amendments to it have been finalized will require Client to pay for these changes on a Time and Materials basis. Client will be notified immediately if this scenario arises and will be given an option to keep the original project specifications to keep the fixed quote in place. • Time and Materials Quote – should it not be possible to provide a fixed quote due to the nature of a Client’s requested project, then InfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include the terms and conditions for these project types and Client will be invoiced weekly for the hours spent on the project. Section 4. Initial Setup Cost: InfoSend Primary Services The Initial Setup cost for the InfoSend Primary Services selected in Exhibit A are listed in Exhibit B. These costs have been provided using a Fixed Quote process, explained in Section 3 above. Client understands and agrees to these terms, and to the project -specific terms and conditions that will be provided in the Statement of Work that will be created to capture Client’s specific requirements and data types. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7904 File ID: Type: Status: 2025-7904 Agenda Item Consent Agenda 1Version: Reference: In Control: Public Works 02/17/2025File Created: Final Action: Water Conservation Drought Contingency Amendment File Name: Title: Consider approval of an Ordinance of the City of Coppell; amending the code of ordinances correcting scrivener errors to ordinance number 2024-1649 which amended Chapter 3, Section 3-1-12 Water Conservation and Drought Contingency Plans; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Memo.pdf, Clean- Drought Contingency and Water Conservation Plan.pdf, Redline- Drought Contingency and Water Conservation Plan.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 2025-7904 Title Consider approval of an Ordinance of the City of Coppell; amending the code of ordinances correcting scrivener errors to ordinance number 2024-1649 which amended Chapter 3, Section 3-1-12 Water Conservation and Drought Contingency Plans; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Page 1City of Coppell, Texas Printed on 2/21/2025 Master Continued (2025-7904) Sustainable Government Page 2City of Coppell, Texas Printed on 2/21/2025 1 MEMORANDUM To: Mayor and City Council From: James Meier, P.E., Assistant Director of Public Works Mike Garza, P.E., Director of Public Works Date: February 25, 2024 Reference: Consider approval of an Ordinance of the City of Coppell; amending the code of ordinances correcting scrivener errors to ordinance number 2024-1649 which amended Chapter 3, Section 3-1-12 Water Conservation and Drought Contingency Plans; and authorizing the Mayor to sign. 2040: Sustainable Government Introduction: This agenda item is to Consider approval of an Ordinance of the City of Coppell amending Chapter 3, Section 3-1-12 of the Code of Ordinances by correcting scrivener errors to ordinance number 2024- 1649 which amended the daily Water Conservation and Drought Contingency Plans Background: City Council approved the Water Conservation and Drought Contingency Plans on July 9, 2024. This amendment corrects clerical and scrivener errors identified after adoption. For example, one threshold incorrectly references Stage 2 when it should refer to Stage 1. Additionally, the word "initiating" was misspelled, along with other minor grammatical errors and clarifications that required correction. However, these amendments do not introduce any structural changes to the plans. As a reminder, the City’s Drought Contingency and Water Conservation Ordinance is designed to encourage water conservation and establish a structured response during drought conditions. The ordinance outlines the plan’s goals, defines the triggers (thresholds) for implementing drought responses, and specifies the corresponding response stages. These triggers are based on sustained water usage exceeding designated thresholds, as well as ensuring the continued safe operation of the water system in compliance with TCEQ regulations. The following table is a simplified breakdown of the watering schedule. 2 Stage 1 (Year-round) Stage 2 Stage 3 Stage 4 Voluntary 2 days/week (even/odd) Mandatory 2 days/week May 1 to Sept 30 Mandatory 2 days/week (even/odd) Mandatory 1 day/week (even/odd) No Automatic Irrigation Res. Odd - Wed/Sun Res. Even – Tues/Sat Bus/Comm/City – Fri./Mon Res. Odd - Wed/Sun Res. Even – Tues/Sat Bus/Comm/City – Fri./Mon Res. Odd – Wed Res. Even - Tues Bus/Comm/City-Fri No automatic irrigation between 9am-6pm year-round No automatic irrigation between 9am-6pm year-round No automatic irrigation between 9am-6pm year-round Benefit to the Community: The water conservation and drought contingency plans will help us manage our water consumption and operations with long term benefits including water availability, infrastructure longevity, delay the need to increase our water purchase contract obligations, and deferral or elimination of infrastructure improvements required to handle additional volumes. Legal Review: The City Attorney has reviewed the ordinance. Fiscal Impact: There is no fiscal impact for this agenda item. Recommendation: The Public Works Department recommends approval of this ordinance. Page 1 TM 108288 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES CORRECTING SCRIVENER ERRORS TO ORDINANCE NUMBER 2024-1649 WHICH AMENDED CHAPTER 3, ‘CITY DEPARTMENTS’, ARTICLE 31, ‘WATER DEPARTMENT’, SECTION 3112 ‘WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN’; BY REPEALING AND RESERVING SAID SECTION OF SUCH ARTICLE IN ITS ENTIRETY AND ADDING ARTICLE 3-6, ‘WATER CONSERVATION’; PROVIDING SUBDIVISION A, ‘WATER CONSERVATION PLAN’, SUBDIVISION B, ‘DROUGHT CONTINGENCY REGULATIONS’; AND SUBDIVISION C ‘ENFORCEMENT’; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell believes it will benefit to amend and update the City’s Code of Ordinances; WHEREAS, the City desires to amend the Water Conservation Plan and Drought Contingency Plan previously implemented for the benefit of the citizens of the City of Coppell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and in the same is hereby amending Chapter 3, ‘City Departments’, Article 3-1 ‘Water Department’, Section 3-1-12, ‘Drought Contingency and Water Conservation Plan’, by repealing said section in its entirety and reserving the same for future use as follows: “CHAPTER 3 – CITY DEPARTMENTS ARTICLE 3-1. WATER DEPARTMENT . . . . . . . . . . SECTION 3-1-12. RESERVED . . . . . / / SECTION 2. That the Code of Ordinances of the City of Coppell, Texas, be and in the same is hereby amending Chapter 3, ‘City Departments’, by Article 3-6 “Water Conservation”, Page 2 TM 108288 Subdivision A “Water Conservation Plan”, Subdivision B “Drought Contingency Regulations”, and Subdivision C “Enforcement”, which shall read as follows: “CHAPTER 3 – CITY DEPARTMENTS ARTICLE 3-6. WATER CONSERVATION . . . . . SUBDIVISION A. WATER CONSERVATION PLAN Sec. 3-6-1 There is hereby adopted the Water Conservation Plan of the City, dated July 9, 2024, and made a part hereof for all purposes, the same as if fully copied in full herein, including any appendices; a copy of said plan shall be maintained in the offices of the City Secretary and Director of Public Works, and shall be posted on the City website. SUBDIVISION B. DROUGHT CONTINGENCY REGULATIONS Sec. 3-6-2 a) Declaration of Policy, Purpose, and Intent This Drought Contingency Subdivision describes the conditions that require short- term water demand management in the City of Coppell and establishes policies and procedures that offer strategies for a timely and effective response. In general, such a response would be needed when water use in the area served by the City of Coppell approaches the system’s supply, or delivery capacity. Examples include drought conditions, unusually high-water demands, unforeseen equipment or system failure, or contamination of a water supply source. To conserve the available water supply and protect the integrity of water supply facilities, with regard to domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the Coppell City Council adopted this Drought Contingency Subdivision, by City Council Ordinance No. 2024-1649 as presented in Appendix A. Water uses regulated or prohibited under this Drought Contingency Subdivision are non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions is deemed to constitute a waste of water which subjects the offender(s) to violation and penalties as defined in Section 3-6-6 of this Article. Page 3 TM 108288 This Drought Contingency Subdivision meets Texas Commission on Environmental Quality (TCEQ) rules of development and minimum requirements for the drought contingency plans for municipal water suppliers contained in Texas Administrative Code (TAC) Title 30, Part 1, Chapter 288, Subchapter B, Rules 288.20. Refer to Appendix B for the TAC, Title 30, Chapter 288, Subchapter B. All of the following appendices A-1 through C-2 attached to this ordinance are not subject to codification but shall be maintained separately by the City Secretary and Director of Public Works and shall be posted on the City website. b) Public Involvement Opportunity for the public to provide input into the preparation of the Chapter was provided by the City of Coppell by means of making a draft copy of the Chapter available for download on City of Coppell webpage. c) Public Education The City of Coppell will periodically provide the public with bilingual information about the Chapter, including information about the conditions under which each stage of the Chapter is to be initiated or terminated and the drought response measures to be implemented in each stage. This information regarding stages and restrictions may be provided by means of, but not limited to, any of the following, singularly or in combination: Notification via local radio, the city’s website, and city’s cable access channels; Press releases, media alerts and social media; Email and telephone notifications to customers; Mailed water bill inserts; Mass mailings of notification letters; Public meetings and hearings; or Public education seminars d) Coordination with Regional Water Planning Groups The service area of the City of Coppell is located within Region C Water Planning Group and the City of Coppell will provide a copy of this Chapter to the Region C Water Planning Group. Refer to Appendix C for a copy of the transmittal letter to the Region C Water Planning Group. Page 4 TM 108288 e) Authorization The City Manager, or the properly appointed designee, is hereby authorized and directed to implement the applicable provisions of this Chapter upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Chapter. f) Application The provisions of this Chapter shall apply to all persons, customers, and property utilizing water provided by the City of Coppell. The terms “person” and “customer” as used in the Chapter include individuals, corporations, partnerships, associations, and all other legal entities. Sec. 3-6-3 Definitions For the purposes of this Chapter, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes, including but not limited to fountains, reflecting pools, and water gardens. Automatic Irrigation System: means a site-specific system of delivering water, generally for landscape irrigation, via a system of pipes or other conduits installed below ground that will automatically cycle water using landscape sprinklers according to a preset program, whether on a designated timer or through manual operation. Aquatic Life: a vertebrate organism dependent upon an aquatic environment to sustain its life. City Manager: The City Manager for the City of Coppell. Commercial water use: the use of water by a place of business such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contamination: a naturally occurring or man-made element which compromises the safety of the water supply. Customer: any person, company, entity or organization using water supplied by the City of Coppell. Page 5 TM 108288 Delivery capacity: refers to the maximum amount of water that can be delivered to customers when considering the limitation of the system components such as sources, treatment, storage, transmission, or distribution, individually and in combination with each other when operating at their designed capacity. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Drip Irrigation: micro irrigation with low volume and low-pressure release of water through point source emitters or pressure compensating in-line drip emitters. Drought Contingency Plan: a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. This document is the Drought Contingency Plan for the City of Coppell. Drought of Record: the worst drought recorded in the north central/north-east Texas area. Even number address: street addresses (e.g. 120 Magnolia St.), box numbers, or rural postal route numbers (e.g. RR 2 Box 9802) ending in 0, 2, 4, 6, or 8 and locations without addresses. Foundation Watering: the application of water using a hand-held hose, soaker hose or drip irrigation system placed within 24 inches of the foundation, which does not produce a spray above ground or result in water run-off. Golf Course: a commercial or governmental property made up of greens, tees, fairways and related areas which are irrigated and landscaped for the purposes of playing golf Hand watering: the application of water for irrigation purposes through a hand-held water hose, watering can or bucket. Hose-end Sprinkler: a device through which water flows from a hose to a sprinkler to water any lawn or landscape. Industrial water use: the use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use: water uses that are not essential or required for the protection of public, health, safety, and welfare, including: irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Chapter. Page 6 TM 108288 use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; use of water to wash down buildings or structures for purposes other than immediate fire protection; flushing street gutters or permitting water to run or accumulate in any gutter or street; use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, hot tubs or Jacuzzi-type pools; use of water in a human made water feature, including but not limited to a fountain or pond for aesthetic or scenic purposes except as necessary to support aquatic life; failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and use of water from hydrants for construction purposes or any other purposes other than firefighting and flushing of lines for regulatory required testing and/or to maintain a potable water supply. Non-Potable Water: water that is not intended or suitable for drinking and has not been approved for human consumption. Ornamental Fountain: an artificially created structure from which a jet, stream, or flow of water emanates and is not typically utilized for the preservation of aquatic life. Odd Numbered Address: street addresses (e.g. 121 Magnolia St.), box numbers, or rural postal route numbers (e.g. RR 2 Box 9803) ending in 1, 3, 5, 7, or 9. Permitted Watering Hours: 6pm-9am. Potable Water: water that is suitable for drinking by the public. Recreational Water Use: water used for leisure and entertainment purposes. Examples include but are not limited to swimming pools, Jacuzzi-type pools, water theme parks, wading pools and water toys. Reduced Delivery Capacity: refers to the maximum amount of water that can be delivered to customers when considering reductions of delivery capacity based on scheduled shutdowns of infrastructure and/or unforeseen shutdowns of infrastructure, such as line breaks, equipment failure, etc. Retail Customers: non-wholesale customers. Run-off: a stream of water which overflows from a lawn or landscape onto a street, sidewalk, parking lot or other impervious area for a distance of more than 50 feet; or forms a puddle or pond to a depth greater than one-quarter of an inch. Soaker Hose: a permeable garden-type hose that is laid above ground that provides irrigation at a slow and constant rate. Page 7 TM 108288 Swimming Pool: a structure that is used for swimming, bathing, or water play, including all equipment and appurtenant facilities. TCEQ: The Texas Commission on Environmental Quality Vehicle Wash Facility: a permanently located business that washes vehicles or other mobile equipment with water or water-based products, including but not limited to self-service car washes, full-service car washes, roll-over/in-bay style car washes, and facilities managing vehicle fleets or vehicle inventory. Water Supply System: DWU water supply sources (lakes) and all infrastructure related to the delivery of water to customers. Sec. 3-6-4 a) Threshold Criteria for Initiation and Termination of Drought Response Stages The City Manager or authorized designee shall monitor water supply and/or demand conditions, at a minimum, on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Chapter, that is, when the specified “triggers” are reached. The City Manager Department reserves the authority to recommend that a Stage be or not be initiated based on: i Notification from DWU of initiation or termination of a Drought Response Stage. ii Weather conditions. iii Total water supply availability. iv Rate of water supply decline or replenishment; or v Anticipation of change in water supply or distribution capacity. Upon recommendation of the Director of Public works, the City Manager may initiate, upgrade, or downgrade a stage when the conditions triggering that stage occur. Retail customer notification of the initiation or termination of drought response stages will be made by City Manager or authorized designee. b) Additional Notification: The City Manager or authorized designee shall notify directly, or cause to be notified directly by fax, mail, email, or telephone, the following individuals, and entities as appropriate to the respective drought stages: i Mayor and members of the City Council ii City and/or County Emergency Management Coordinator(s) iii County Judge & Commissioner(s) iv State Disaster District / Department of Public Safety v Executive Director of the TCEQ (required within five (5) business days of the implementation of any mandatory restrictions) vi Critical water users (e.g., hospitals) Page 8 TM 108288 vii Parks/street superintendents & public facilities managers The criteria described below consist of several of those established by the Drought Contingency plan for the city’s treated water supplier, Dallas Water Utilities (DWU). c) Stage 1 Threshold 1) Requirements for Initiation Customers shall be requested to adhere to voluntary measures (January-April; November-December) and shall be required to comply with the requirements and mandatory restrictions (May-October) on certain non-essential water uses provided in Section 3-6-5. A. Requirements for Termination B. Stage 1 may fluctuate between voluntary and mandatory throughout the year when Stage 1 conditions exist (January-April; May-October; November-December). d) Stage 2 Threshold 1) Requirements for Initiation Customers shall be requested to adhere to mandatory restrictions and limitations on certain non-essential water uses provided in Section 3-6-5 when: A. Notification is received from DWU Stage 1; or B. Water demand has reached or exceeded 85% of delivery capacity for 3 consecutive days: or C. Water demand equals a reduced delivery capacity for all or part of the system; or D. Water line breaks or pump or system failures occur, which impact the ability of the city to provide treated water service; or E. Natural or man-made contamination of the water supply source(s) occurs. 2) Requirements for Termination A. Stage 2 may be terminated when Stage 2 conditions no longer exist and would be unlikely to recur upon termination. Page 9 TM 108288 e) Stage 3 Threshold 1) Requirements for Initiation Customers shall be required to comply with the requirements and mandatory restrictions on certain non-essential water uses provided in Section 3-6-5 when: A. Notification is received from DWU initiating Stage 2; or B. Water demand has reached or exceeded 90% of delivery capacity for 3 consecutive days; or C. Water demand exceeds a reduced delivery capacity for all or part of the system; or D. Water line breaks or pump or system failures occur, which impact the ability to provide treated water service; or E. Natural or man-made contamination of the water supply source(s) occurs. 2) Requirements for Termination A. Stage 3 of the Chapter may be terminated when the Stage 3 conditions no longer exist and would be unlikely to recur upon termination. f) Stage 4 Threshold 1) Requirements for Initiation Customers shall be required to comply with the requirements and restrictions for Stage 4 of this Article when the city manager, or his/her designee, determines that a water supply emergency exists based on: A. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or B. Natural or man-made contamination of the water supply source(s). 2) Requirements for Termination A. Stage 4 of the Article shall be rescinded when all of the initiation conditions have ceased to exist. The city manager, or his/her designee, will then determine what stage of the Article should be implemented and the specific water use restrictions required to preserve the city’s ability to meet essential water demand and fire protection. Page 10 TM 108288 Sec. 3-6-5 Drought Stages Regulations and Restrictions The City Manager, or appointed designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 3-6-4, shall determine if conditions exist that would trigger any of the designated drought stages, and if so, shall implement the following actions: a) Stage 1 Restrictions Target: Encourage voluntary water conservation and responsible management of water resources. Water Use Restrictions for Demand Reduction: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the City Manager or designee. The City Manager or designee may also take other actions not listed, if deemed necessary. 1) All Water Users A. Landscape Uses: i All water customers are reminded to observe a voluntary maximum 2-days- per-week landscape watering schedule and require watering only during allowed watering hours as defined in Section 3-6-3. Irrigation of landscaped areas with hose- end sprinklers and automatic irrigation systems is limited to Tuesdays and Saturdays for residential customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Sundays and Wednesdays for water residential customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number. Businesses, Commercial facilities and municipal facilities will be limited to Fridays and Mondays. Mandatory 2-days-per-week from May 1 to September 30 each year. ii Encourage reduction of water use through voluntary maximum 2-day-per- week landscape watering schedule. iii Discourage planting of new landscapes, including lawns, hydro-seeding and sod from May-September. B. Swimming Pools and Other Recreational Uses: Page 11 TM 108288 iv Encourage reduction in frequency of draining and refilling swimming pools. v Encourage limiting recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water. C. Foundations: Foundations may be watered on any day of the week and at any time. Foundations may be watered with an automatic irrigation system, drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. D. Vehicle Washing: Encourage washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time. E. City Government: Page 12 TM 108288 i Initiate public education campaign teaching and encouraging reduced water use practices. ii Maintain normal leak detection and repair activities on water pipes and mains. iii Encourage reduction of water use through maximum twice weekly landscape watering schedule for city parks where possible. iv Encourage reduction of water use in city-owned ornamental fountains. v Encourage additional reduction in landscape uses for parks. vi Commercial Customers: i Identify and encourage voluntary reduction measures by high-volume water users through water use audits. ii Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for private parks and golf courses during May- September. iii Encourage additional reduction in landscape uses for parks. iv Encourage reduction in water use for landscape nursery stock. v Encourage area restaurants to serve customers water by request only. vi Encourage hotel/motels to request multiple day patrons to reuse linens instead of changing every day. b) Stage 2 Restrictions Target: Achieve a 5 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Demand Reduction: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the City Manager. The City Manager may also take other Page 13 TM 108288 actions not listed, if deemed necessary. All requirements of Stage 1 shall remain in effect during Stage 2, and the following additional measures will be required: 1) All Water Users: A. Landscape Uses: i All water customers are reminded to observe a mandatory 2-days-per-week landscape watering schedule and require watering only during allowed watering hours as defined in Section 3-6-3. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems is limited to Tuesdays and Saturdays for residential customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Sundays and Wednesdays for water residential customers with a street address ending in an odd number (1, 3, 5, 7 or 9). A partments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number. Businesses, Commercial facilities and municipal facilities will be limited to Fridays and Mondays. Strongly discourage planting of new landscapes, including lawns, hydro-seeding and sod. B. Swimming Pools and Other Recreational Uses: i Encourage reduction in frequency of draining and refilling swimming pools. ii Continue to encourage limiting recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waster of water. C. Foundations: Foundations may be watered on any day of the week and at any time. Foundations may be watered with an automatic irrigation system, drip irrigation system, soaker hose or a hand-held hose equipped with a positive shut-off nozzle. D. Vehicle Washing: Encourage washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time. E. City Government: Page 14 TM 108288 i. Continue public education campaign teaching and encouraging reduced water use practices. ii. Intensify normal leak detection and repair activities on water pipes and mains. iii. Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for city parks where possible. iv. Encourage reduction of water use in city-owned ornamental fountains. v. Encourage additional reduction in landscape uses for parks. vi. Encourage 25 percent reduction in frequency of wet street sweeping and city vehicle washing and rinsing. vii. Increase enforcement efforts through proactive code enforcement. i Commercial Customers: i Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for private parks and golf courses. c) Stage 3 Restriction Target: Achieve a 15 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Reducing Demand: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the City Manager. The City Manager may also take other actions not listed, if deemed necessary. All requirements of Stages 1 and 2 shall remain in effect during Stage 3, and the following additional measures will be required: 1) All Water Users A. Landscape Uses: i All water customers are reminded to observe a mandatory maximum 1-day- per-week landscape watering schedule and require watering only during allowed watering hours as defined in Section 3-6-3. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems will be limited to Tuesdays for residential customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Wednesdays for water residential customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number. Businesses, Commercial facilities and municipal facilities will be limited to Fridays. ii Irrigation of turf, shrubs, perennials, annuals, ground covers and any other landscaped area is limited to hand-held hose within the permitted watering hours. Trees may be irrigated with drip irrigation system, soaker hoses or with a hand-held hose within the permitted watering hours. iii Installation of new landscapes or turf areas is prohibited. Page 15 TM 108288 iv Operation of any water feature, ornamental fountain or pond that uses potable water is prohibited except where supporting aquatic life or water quality. B. Swimming Pools and Other Recreational Uses: i Prohibit the filling, draining and refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity, proper operation and maintenance or alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation. ii Permitting of new swimming pools, wading pools, water features, Jacuzzi and hot tubs is prohibited. iii Prohibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water. C. Foundations: Foundations may be watered within the permitted watering hours. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. Water run-off is absolutely prohibited. D. Vehicle washing: Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle not occurring on the premises of a commercial vehicle wash facility or commercial service stations is prohibited. Companies with an automated on-site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and commercial vehicles used to transport food and perishables. E. Impervious surface cleaning: Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment. G. New Service: No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. F. City Government: i. Initiate engineering studies to evaluate alternatives to mitigate drought conditions should conditions worsen. ii. Accelerate public education campaign teaching and encouraging reduced water use practices. Page 16 TM 108288 iii. Continue intensified leak detection and repair activities on water pipes and mains. iv. Prohibit flushing of new mains not immediately required to provide service. v. City government restricted to mandatory maximum once weekly landscape watering schedule where possible. vi. Require reduction of water use through mandatory once weekly landscape watering for city parks and golf courses where possible. vii. Prohibit operation of city-owned ornamental fountains and water features. viii. Reduce frequency of wet street sweeping and city vehicle washing or rinsing by 50 percent. ix. Increase enforcement efforts through proactive code enforcement. i Commercial Customers: Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section 3-6-3; watering of other golf course areas or parks is prohibited unless the golf course uses a water source other than that provided by the City of Coppell. d) Stage 4 Restrictions Target: Achieve at least a 20 percent reduction in total GPCD water use. 1) Best Management Practices for Supply Management: To manage limited water supplies and/or reduce water demand, the City of Coppell will: i Activate and use an alternative supply source(s); if available; and/or ii Discontinue all non-essential water use, including landscape irrigation water use; and/or iii Door hangers will be placed on all houses in the affected area providing information about the conditions. 2) Water Use Restrictions for Reducing Demand: A. All requirements of Stage 1, 2, and 3 shall remain in effect during Stage 4 except: i No outdoor watering will be allowed by hose-end sprinklers or automatic irrigation systems. B. Landscape Uses: i Irrigation of turf, shrubs, perennials, annuals, ground covers and any other landscaped area by any method is absolutely prohibited. Trees may be irrigated with drip irrigation system, soaker hoses or with a hand-held hose Page 17 TM 108288 one day per week on the Stage 3 watering schedule and within the permitted watering hours. ii Installation of new landscapes or turf areas is prohibited. iii Operation of any water feature, ornamental fountain or pond that uses potable water is prohibited except where supporting aquatic life or water quality. C. Swimming Pools and Other Recreational Uses: i Prohibit the filling, draining and refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity, proper operation and maintenance or alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation. ii Permitting of new swimming pools, wading pools, water features, Jacuzzi and hot tubs is prohibited. iii Continue to prohibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water. D. Foundations: Foundations may be watered one day per week on the Stage 3 watering schedule within the permitted watering hours. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. Water run-off is absolutely prohibited. E. Vehicle washing: Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle not occurring on the premises of a commercial vehicle wash facility or commercial service stations is prohibited. Companies with an automated on-site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and commercial vehicles used to transport food and perishables. F. Impervious surface cleaning: Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment. New Service: No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. G. City Government: i Wet street sweeping and city vehicle washing or rinsing is prohibited except for reasons of public health, safety, and welfare. Page 18 TM 108288 ii Municipal landscape watering is prohibited except golf courses (see below). iii Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section 3-6-3; watering of other golf course areas and parks is prohibited. H. Commercial Customers: Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section 3-6-3; watering of other golf course areas or parks is prohibited unless the golf course uses a water source other than that provided by the City of Coppell. SUBDIVISION C. ENFORCEMENT Sec. 3-6-6 It shall be unlawful for any person, as defined by this Article, to knowingly or intentionally allow the use of water from the City of Coppell for residential, commercial, industrial, agricultural, governmental, or any other purposes in a manner contrary to any provision of this Article, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the City Manager, or his/her designee, in accordance with provisions of this Article. a) Penalty: i Any person who violates this subdivision is guilty of a class C misdemeanor and, upon conviction, shall be punished by a fine of not less than $250 and not more than $2,000. Violations of this Chapter may also be enforced as an administrative offense using the alternative administrative adjudication procedure set forth in the City of Coppell Code of Ordinances, as amended. Each day that one or more of the provisions in this Chapter is violated shall constitute a separate offense. ii If a person is convicted of two or more distinct criminal or civil violations of this Chapter, upon due notice to the customer, the City Manager may: (1) install a flow restrictor in the line to limit the amount of water that will pass through the meter in a 24-hour period; or (2) discontinue water served to the premises. iii Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at an amount not to exceed $135.00 (or as adjusted by City ordinance), and any other costs incurred by the City of Coppell in discontinuing service. In addition, suitable assurance must be given to the City Manager that the same action will not be repeated while the Chapter is in effect. Compliance with this Chapter may also be sought through civil action and/or injunctive relief in the district court. b) Violators: ii Any person, including a person classified as a water customer of the City of Coppell, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption Page 19 TM 108288 that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. iii Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Chapter and that the parent could not have reasonably known of the violation. c) Enforcement Officers: Any employee of the City of Coppell, police officer, or other employee designated by the City Manager, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 15 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this Chapter. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases. Sec. 3-6-7. a) The City Manager, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Chapter if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, safety or welfare for the public or the person requesting such variance and if one or more of the following conditions are met: i Granting of a variance must not cause an immediate significant reduction in the city’s water supply. ii The health, safety, or welfare of other persons will not be adversely affected by granting of the variance. iii The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or welfare of the person requesting it. iv Compliance with this Chapter cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Chapter is in effect. v Alternative methods can be implemented which will achieve the same level of reduction in water use. vi All variances are only in effect during the Drought Plan Stage for which the variance was issued. Page 20 TM 108288 b) Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Coppell within 5 days after the Chapter or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or his/her designee and shall include the following: i Name and address of the petitioner(s). ii Purpose of water use. iii Specific provision(s) of the Chapter from which the petitioner is requesting relief. iv Detailed statement as to how the specific provision of the Chapter adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Chapter. v Description of the relief requested. vi Period of time for which the variance is sought. vii Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Chapter and the compliance date. viii Other pertinent information. c) Variances granted by the City of Coppell shall be subject to the following conditions, unless waived or modified by the City of Coppell or its designee: i Variances granted shall include a timetable for compliance. ii Variances granted shall expire when the Chapter is no longer in effect unless the petitioner has failed to meet specified requirements. d) No variance shall be retroactive or otherwise justify any violation of this Chapter occurring prior to the issuance of the variance. i The City Manager may revoke a variance granted when the City Manager determines that the conditions are not being met or are no longer applicable. Sec. 3-6-8 The City of Coppell will review and update this Article with State law requirements. If the Chapter adopted herein is implemented during a water shortage, data obtained during the plan implementation will be used to make any necessary modifications to the Chapter. Additionally, the Chapter will be updated as appropriate based on new or updated information regarding the system’s delivery capacity.” SECTION 3. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. Page 21 TM 108288 SECTION 4. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be and the same are hereby repealed and any provisions not so in conflict shall remain in force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not effect the validity of the Code of Ordinances as a whole. SECTION 6. It is hereby declared to be the intention of the City of Coppell that the sections, paragraphs, sentences, clauses, and phrases of this Article are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections. SECTION 7. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 8. This ordinance shall take effect immediately upon its passage and the publication of the caption 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 _______________________ 2025. APPROVED: ____________________________ Wes Mays, Mayor ATTEST: ___________________________ Ashley Owens, City Secretary Page 22 TM 108288 APPROVED AS TO FORM: ____________________________ Robert E. Hager, City Attorney Page 1 TM 108288 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES CORRECTING SCRIVENER ERRORS TO ORDINANCE NUMBER 2024-1649 WHICH AMENDED BY AMENDING CHAPTER 3, ‘CITY DEPARTMENTS’, ARTICLE 3-1, ‘WATER DEPARTMENT’, SECTION 3-1-12 ‘WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN’; BY REPEALING AND RESERVING SAID SECTION OF SUCH ARTICLE IN ITS ENTIRETY AND ADDING ARTICLE 3-6, ‘WATER CONSERVATION’; PROVIDING SUBDIVISION A, ‘WATER CONSERVATION PLAN’, SUBDIVISION B, ‘DROUGHT CONTINGENCY REGULATIONS’; AND SUBDIVISION C ‘ENFORCEMENT’; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell believes it will benefit to amend and update the City’s Code of Ordinances; WHEREAS, the City desires to amend the Water Conservation Plan and Drought Contingency Plan previously implemented for the benefit of the citizens of the City of Coppell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and in the same is hereby amending Chapter 3, ‘City Departments’, Article 3-1 ‘Water Department’, Section 3-1-12, ‘Drought Contingency and Water Conservation Plan’, by repealing said section in its entirety and reserving the same for future use as follows: “CHAPTER 3 – CITY DEPARTMENTS ARTICLE 3-1. WATER DEPARTMENT . . . . . . . . . . SECTION 3-1-12. RESERVED . . . . . / / SECTION 2. That the Code of Ordinances of the City of Coppell, Texas, be and in the same is hereby amending Chapter 3, ‘City Departments’, by Article 3-6 “Water Conservation”, Page 2 TM 108288 Subdivision A “Water Conservation Plan”, Subdivision B “Drought Contingency Regulations”, and Subdivision C “Enforcement”, which shall read as follows: “CHAPTER 3 – CITY DEPARTMENTS ARTICLE 3-6. WATER CONSERVATION . . . . . SUBDIVISION A. WATER CONSERVATION PLAN Sec. 3-6-1 There is hereby adopted the Water Conservation Plan of the City, dated July 9, 2024, and made a part hereof for all purposes, the same as if fully copied in full herein, including any appendices; a copy of said plan shall be maintained in the offices of the City Secretary and Director of Public Works, and shall be posted on the City website. SUBDIVISION B. DROUGHT CONTINGENCY REGULATIONS Sec. 3-6-2 a) Declaration of Policy, Purpose, and Intent This Drought Contingency Subdivision describes the conditions that require short- term water demand management in the City of Coppell and establishes policies and procedures that offer strategies for a timely and effective response. In general, such a response would be needed when water use in the area served by the City of Coppell approaches the system’s supply, or delivery capacity. Examples include drought conditions, unusually high-water demands, unforeseen equipment or system failure, or contamination of a water supply source. To conserve the available water supply and protect the integrity of water supply facilities, with regard to domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the Coppell City Council adopted this Drought Contingency Subdivision, by City Council Ordinance No. _____ as presented in Appendix A. Water uses regulated or prohibited under this Drought Contingency Subdivision are non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions is deemed to constitute a waste of water which subjects the offender(s) to violation and penalties as defined in Section 3-6-6 of this Article. Page 3 TM 108288 This Drought Contingency Subdivision meets Texas Commission on Environmental Quality (TCEQ) rules of development and minimum requirements for the drought contingency plans for municipal water suppliers contained in Texas Administrative Code (TAC) Title 30, Part 1, Chapter 288, Subchapter B, Rules 288.20. Refer to Appendix B for the TAC, Title 30, Chapter 288, Subchapter B. All of the following appendices A-1 through C-2 attached to this ordinance are not subject to codification but shall be maintained separately by the City Secretary and Director of Public Works and shall be posted on the City website. b) Public Involvement Opportunity for the public to provide input into the preparation of the Chapter was provided by the City of Coppell by means of making a draft copy of the Chapter available for download on City of Coppell webpage. c) Public Education The City of Coppell will periodically provide the public with bilingual information about the Chapter, including information about the conditions under which each stage of the Chapter is to be initiated or terminated and the drought response measures to be implemented in each stage. This information regarding stages and restrictions may be provided by means of, but not limited to, any of the following, singularly or in combination:  Notification via local radio, the city’s website, and city’s cable access channels;  Press releases, media alerts and social media;  Email and telephone notifications to customers;  Mailed water bill inserts;  Mass mailings of notification letters;  Public meetings and hearings; or  Public education seminars d) Coordination with Regional Water Planning Groups The service area of the City of Coppell is located within Region C Water Planning Group and the City of Coppell will provide a copy of this Chapter to the Region C Water Planning Group. Refer to Appendix C for a copy of the transmittal letter to the Region C Water Planning Group. Page 4 TM 108288 e) Authorization The City Manager, or the properly appointed designee, is hereby authorized and directed to implement the applicable provisions of this Chapter upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Chapter. f) Application The provisions of this Chapter shall apply to all persons, customers, and property utilizing water provided by the City of Coppell. The terms “person” and “customer” as used in the Chapter include individuals, corporations, partnerships, associations, and all other legal entities. Sec. 3-6-3 Definitions For the purposes of this Chapter, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes, including but not limited to fountains, reflecting pools, and water gardens. Automatic Irrigation System: means a site-specific system of delivering water, generally for landscape irrigation, via a system of pipes or other conduits installed below ground that will automatically cycle water using landscape sprinklers according to a preset program, whether on a designated timer or through manual operation. Aquatic Life: a vertebrate organism dependent upon an aquatic environment to sustain its life. City Manager: The City Manager for the City of Coppell. Commercial water use: the use of water by a place of business such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contamination: a naturally occurring or man-made element which compromises the safety of the water supply. Customer: any person, company, entity or organization using water supplied by the City of Coppell. Page 5 TM 108288 Delivery capacity: refers to the maximum amount of water that can be delivered to customers when considering the limitation of the system components such as sources, treatment, storage, transmission, or distribution, individually and in combination with each other when operating at their designed capacity. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Drip Irrigation: micro irrigation with low volume and low-pressure release of water through point source emitters or pressure compensating in-line drip emitters. Drought Contingency Plan: a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. This document is the Drought Contingency Plan for the City of Coppell. Drought of Record: the worst drought recorded in the north central/north-east Texas area. Even number address: street addresses (e.g. 120 Magnolia St.), box numbers, or rural postal route numbers (e.g. RR 2 Box 9802) ending in 0, 2, 4, 6, or 8 and locations without addresses. Foundation Watering: the application of water using a hand-held hose, soaker hose or drip irrigation system placed within 24 inches of the foundation, which does not produce a spray above ground or result in water run-off. Golf Course: a commercial or governmental property made up of greens, tees, fairways and related areas which are irrigated and landscaped for the purposes of playing golf Hand watering: the application of water for irrigation purposes through a hand-held water hose, watering can or bucket. Hose-end Sprinkler: a device through which water flows from a hose to a sprinkler to water any lawn or landscape. Industrial water use: the use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use: water uses that are not essential or required for the protection of public, health, safety, and welfare, including: irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Chapter. Page 6 TM 108288 use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; use of water to wash down buildings or structures for purposes other than immediate fire protection; flushing street gutters or permitting water to run or accumulate in any gutter or street; use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, hot tubs or Jacuzzi-type pools; use of water in a human made water feature, including but not limited to a fountain or pond for aesthetic or scenic purposes except as necessary to support aquatic life; failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and use of water from hydrants for construction purposes or any other purposes other than firefighting and flushing of lines for regulatory required testing and/or to maintain a potable water supply. Non-Potable Water: water that is not intended or suitable for drinking and has not been approved for human consumption. Ornamental Fountain: an artificially created structure from which a jet, stream, valves and emission devices or flow of water emanates and is not typically utilized for the preservation of aquatic life. Odd Numbered Address: street addresses (e.g. 121 Magnolia St.), box numbers, or rural postal route numbers (e.g. RR 2 Box 9803) ending in 1, 3, 5, 7, or 9. Permitted Watering Hours: 6pm-9am. Potable Water: water that is suitable for drinking by the public. Recreational Water Use: water used for leisure and entertainment purposes. Examples include but are not limited to swimming pools, Jacuzzi-type pools, water theme parks, wading pools and water toys. Reduced Delivery Capacity: refers to the maximum amount of water that can be delivered to customers when considering reductions of delivery capacity based on scheduled shutdowns of infrastructure and/or unforeseen shutdowns of infrastructure, such as line breaks, equipment failure, etc. Retail Customers: non-wholesale customers. Run-off: a stream of water which overflows from a lawn or landscape onto a street, sidewalk, parking lot or other impervious area for a distance of more than 50 feet; or forms a puddle or pond to a depth greater than one-quarter of an inch. Soaker Hose: a permeable garden-type hose that is laid above ground that provides irrigation at a slow and constant rate. Page 7 TM 108288 Swimming Pool: a structure that is used for swimming, bathing, or water play, including all equipment and appurtenant facilities. TCEQ: The Texas Commission onf Environmental Quality Vehicle Wash Facility: a permanently located business that washes vehicles or other mobile equipment with water or water-based products, including but not limited to self-service car washes, full-service car washes, roll-over/in-bay style car washes, and facilities managing vehicle fleets or vehicle inventory. Water Supply System: DWU water supply sources (lakes) and all infrastructure related to the delivery of water to customers. Sec. 3-6-4 a) Threshold Criteria for Initiation and Termination of Drought Response Stages The City Manager or authorized designee shall monitor water supply and/or demand conditions, at a minimum, on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Chapter, that is, when the specified “triggers” are reached. The City Manager Department reserves the authority to recommend that a Stage be or not be initiated based on: i Notification from DWU of initiation or termination of a Drought Response Stage. ii Weather conditions. iii Total water supply availability. iv Rate of water supply decline or replenishment; or v Anticipation of change in water supply or distribution capacity. Upon recommendation of the Director of Public works, the City Manager may initiate, upgrade, or downgrade a stage when the conditions triggering that stage occur. Retail customer notification of the initiation or termination of drought response stages will be made by City Manager or authorized designee. b) Additional Notification: The City Manager or authorized designee shall notify directly, or cause to be notified directly by fax, mail, email, or telephone, the following individuals, and entities as appropriate to the respective drought stages: i Mayor and members of the City Council ii City and/or County Emergency Management Coordinator(s) iii County Judge & Commissioner(s) iv State Disaster District / Department of Public Safety v Executive Director of the TCEQ (required within five (5) business days of the implementation of any mandatory restrictions) vi Critical water users (e.g., hospitals) Page 8 TM 108288 vii Parks/street superintendents & public facilities managers The criteria described below consist of several of those established by the Drought Contingency plan for the city’s treated water supplier, Dallas Water Utilities (DWU). c) Stage 1 Threshold 1) Requirements for Initiation Customers shall be requested to adhere to voluntary measures (January-April; November-December) and shall be required to comply with the requirements and mandatory restrictions (May-October) on certain non-essential water uses provided in Section 3-6-5.: A. Notification is received by DWU initiating stage; or B. Water demand has reached or exceeded 85% of delivery capacity for 4 consecutive days: or C. Water demand approaches a reduced delivery capacity for all or part of the system; or D. Water line breaks or pump or system failures, which impact the ability of the city to provide treated water service; or E. Natural or man-made contamination of the water supply source(s) occurs. 2) Requirements for Termination A. Stage 1 may fluctuate between voluntary and mandatory throughout the year when Stage 1 conditions exist (January-April; May-October; November-December) or circumstances no longer exist and would be unlikely to recur upon termination. d) Stage 2 Threshold 1) Requirements for Initiation Customers shall be requested to adhere to mandatory restrictions and limitations on certain non-essential water uses provided in Section 3-6-5 when: A. Notification is received from DWU Stage 12; or B. Water demand has reached or exceeded 9085% of delivery capacity for 3 consecutive days: or C. Water demand equals a reduced delivery capacity for all or part of the system; or Page 9 TM 108288 D. Water line breaks or pump or system failures occur, which impact the ability of the city to provide treated water service; or E. Natural or man-made contamination of the water supply source(s) occurs. 2) Requirements for Termination A. Stage 2 may be terminated when Stage 2 conditions no longer exist and would be unlikely to recur upon termination. e) Stage 3 Threshold 1) Requirements for Initiation Customers shall be required to comply with the requirements and mandatory restrictions on certain non-essential water uses provided in Section 3-6-5 when: A. Notification is received from DWU intorting initiating Stage 32; or B. Water demand has reached or exceeded 905% of delivery capacity for 32 consecutive days; or C. Water demand exceeds a reduced delivery capacity for all or part of the system; or D. Water line breaks or pump or system failures occur, which impact the ability to provide treated water service; or E. Natural or man-made contamination of the water supply source(s) occurs. 2) Requirements for Termination A. Stage 3 of the Chapter may be terminated when the Stage 3 conditions no longer exist and would be unlikely to recur upon termination. f) Stage 4 Threshold 1) Requirements for Initiation Customers shall be required to comply with the requirements and restrictions for Stage 4 of this Article when the city manager, or his/her designee, determines that a water supply emergency exists based on: A. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or B. Natural or man-made contamination of the water supply source(s). 2) Requirements for Termination Formatted: Indent: Left: 1.38", Right: 0.01", Space After: 6.55 pt, Line spacing: Multiple 1.03 li Formatted: Indent: Left: 1.38", Right: 0.01", Space After: 1.31 line, Line spacing: Multiple 1.03 li Page 10 TM 108288 A. Stage 4 of the Article shall be rescinded when all of the initiation conditions have ceased to exist. The city manager, or his/her designee, will then determine what stage of the Article should be implemented and the specific water use restrictions required to preserve the city’s ability to meet essential water demand and fire protection. Sec. 3-6-5 Drought Stages Regulations and Restrictions The City Manager, or appointed designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 3-6-4, shall determine if conditions exist that would trigger any of the designated drought stages, and if so, shall implement the following actions: a) Stage 1 Restrictions Target: Encourage voluntary water conservation and responsible management of water resources. Achieve a 5 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Demand Reduction: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the City Manager or designee. The City Manager or designee may also take other actions not listed, if deemed necessary. 1) All Water Users A. Landscape Uses: i All water customers are reminded to observe a mandatory voluntary maximum 2-days-per-week landscape watering schedule and require watering only during allowed watering hours as defined in Section 3-6-3. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems is limited to Tuesdays and Saturdays for residential customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Sundays and Wednesdays for water residential customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number. Businesses, Commercial facilities and municipal facilities will be limited to Page 11 TM 108288 Fridays and Mondays. Mandatory 2-days-per-week from May 1 to September 30 each year. ii Encourage reduction of water use through voluntary maximum 21-day-per- week landscape watering schedule. iii Discourage planting of new landscapes, including lawns, hydro-seeding and sod from May-September. iii B. Swimming Pools and Other Recreational Uses: iv Encourage reduction in frequency in of draining and refilling of swimming pools. v Prohibit Encourage limiting recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water. v C. Foundations: Foundations may be watered on any day of the week and at any time. Foundations may be watered with an automatic irrigation system, drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. D. Vehicle Washing: Restrict Encourage washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time. E. City Government: Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 1.2", No bullets or numbering Page 12 TM 108288 i Initiate public education campaign teaching and encouraging reduced water use practices. ii Intensify Maintain normal leak detection and repair activities on water pipes and mains. iii Require Encourage reduction of water use through mandatory maximum twice weekly landscape watering schedule for city parks and golf courses where possible. iv Encourage reduction of water use in city-owned ornamental fountains. v Encourage additional reduction in landscape uses for parks. v vi Encourage 25 percent reduction in frequency of wet street sweeping and city vehicle washing and rinsing. vii Increase enforcement efforts through proactive code enforcement. F. Commercial Customers: i Identify and encourage voluntary reduction measures by high-volume water users through water use audits. ii Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for private parks and golf courses during May- September. iii Encourage additional reduction in landscape uses for parks. iv Encourage reduction in water use for landscape nursery stock. v Encourage area restaurants to serve customers water by request only. vi Encourage hotel/motels to request multiple day patrons to reuse linens instead of changing every day. vi b) Stage 2 Restrictions Formatted: Indent: Left: 1.63", No bullets or numbering Formatted: Indent: Left: 1.63", No bullets or numbering Page 13 TM 108288 Target: Achieve a 15 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Demand Reduction: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the City Manager. The City Manager may also take other actions not listed, if deemed necessary. All requirements of Stage 1 shall remain in effect during Stage 2, and the following additional measures will be required: 1) All Water Users: A. Landscape Uses: i All water customers are reminded to observe a mandatory 2-days-per-week landscape watering schedule and require watering only during allowed watering hours as defined in Section 3-6-3. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems is limited to Tuesdays and Saturdays for residential customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Sundays and Wednesdays for water residential customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number. Businesses, Commercial facilities and municipal facilities will be limited to Fridays and Mondays. Strongly discourage planting of new landscapes, including lawns, hydro-seeding and sod. B. Swimming Pools and Other Recreational Uses: i Encourage reduction in frequency in of draining and refilling of swimming pools. ii Continue to prohibit encourage limiting recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waster of water. C. Foundations: Foundations may be watered on any day of the week and at any time. Foundations may be watered with an automatic irrigation system, drip irrigation system, soaker hose or a hand-held hose equipped with a positive shut-off nozzle. D. Vehicle Washing: Restrict Encourage washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial vehicle wash facility or commercial service station. Companies with an automated on-site vehicle washing facility may wash vehicles at any time. E. City Government: Page 14 TM 108288 i. Continue public education campaign teaching and encouraging reduced water use practices. ii. Intensify normal leak detection and repair activities on water pipes and mains. iii. Require reduction of water use through mandatory maximum twice weekly landscape watering schedule for city parks and golf courses where possible. iv. Encourage reduction of water use in city-owned ornamental fountains. v. Encourage additional reduction in landscape uses for parks. vi. Encourage 25 percent reduction in frequency of wet street sweeping and city vehicle washing and rinsing. vii. Increase enforcement efforts through proactive code enforcement. i Initiate engineering studies to evaluate alternatives to mitigate drought conditions should conditions worsen. ii Accelerate public education campaign teaching and encouraging reduced water use practices. iii Continue intensified leak detection and repair activities on water pipes and mains. iv Prohibit flushing of new mains not immediately required to provide service. v City government restricted to mandatory maximum once weekly landscape watering schedule. vi Require reduction of water use through mandatory once weekly landscape watering schedule for city parks and golf courses vii Prohibit operation of city-owned ornamental fountains and water features. viii Reduce frequency of wet street sweeping and city vehicle washing or rinsing by 50 percent. ix Increase enforcement efforts through proactive code enforcement. F. Commercial Customers: i Require reduction of water use through mandatory maximum once twice weekly landscape watering schedule for private parks and golf courses. c) Stage 3 Restriction Target: Achieve a 20 15 percent reduction in total gallons per capita per day (GPCD). Water Use Restrictions for Reducing Demand: Following is a menu of possible actions. Specific actions taken during any drought situation will be determined by the City Manager. The City Manager may also take other actions not listed, if deemed necessary. All requirements of Stages 1 and 2 shall remain in effect during Stage 3, and the following additional measures will be required: 1) All Water Users A. Landscape Uses: i All water customers are reminded to observe a mandatory maximum 1-day- per-week landscape watering schedule and require watering only during Formatted Formatted: Indent: Left: 1.5", No bullets or numbering Page 15 TM 108288 allowed watering hours as defined in Section 3-6-3. Irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems will be limited to Tuesdays for residential customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Wednesdays for water residential customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other properties containing multiple addresses may be identified by the lowest address number. Businesses, Commercial facilities and municipal facilities will be limited to Fridays. ii Irrigation of turf, shrubs, perennials, annuals, ground covers and any other landscaped area by any method is limited to hand-held hose within the permitted watering hoursabsolutely prohibited. Trees may be irrigated with drip irrigation system, soaker hoses or with a hand-held hose one day per week on the Stage 2 watering schedule and within the permitted watering hours. iii Installation of new landscapes or turf areas is prohibited. iv Operation of any water feature, ornamental fountain or pond that uses potable water is prohibited except where supporting aquatic life or water quality. B. Swimming Pools and Other Recreational Uses: i Prohibit the filling, draining and refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity, proper operation and maintenance or alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation. ii Permitting of new swimming pools, wading pools, water features, Jacuzzi and hot tubs is prohibited. iii Continue to pProhibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water. C. Foundations: Foundations may be watered one day per week on the Stage 2 watering schedule within the permitted watering hours. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. Water run-off is absolutely prohibited. D. Vehicle washing: Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle not occurring on the premises of a commercial vehicle wash facility or commercial service stations is prohibited. Companies with an automated on-site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and commercial vehicles used to transport food and perishables. E. Impervious surface cleaning: Page 16 TM 108288 Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment. G. New Service: No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. G. City Government: i. Initiate engineering studies to evaluate alternatives to mitigate drought conditions should conditions worsen. ii. Accelerate public education campaign teaching and encouraging reduced water use practices. iii. Continue intensified leak detection and repair activities on water pipes and mains. iv. Prohibit flushing of new mains not immediately required to provide service. v. City government restricted to mandatory maximum once weekly landscape watering schedule where possible. vi. Require reduction of water use through mandatory once weekly landscape watering for city parks and golf courses where possible. vii. Prohibit operation of city-owned ornamental fountains and water features. viii. Reduce frequency of wet street sweeping and city vehicle washing or rinsing by 50 percent. ix. Increase enforcement efforts through proactive code enforcement. i Wet street sweeping and city vehicle washing or rinsing is prohibited except for reasons of public health, safety, and welfare. ii Municipal landscape watering is prohibited except golf courses (see below). iii Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section VII; watering of other golf course areas and parks is prohibited. H. Commercial Customers: Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section 3-6-3; watering of other golf course areas or parks is prohibited unless the golf course uses a water source other than that provided by the City of Coppell. d) Stage 4 Restrictions Formatted Page 17 TM 108288 Target: Achieve at least a 250 percent reduction in total GPCD water use. 1) Best Management Practices for Supply Management: To manage limited water supplies and/or reduce water demand, the City of Coppell will: i Activate and use an alternative supply source(s); if available; and/or ii Discontinue all non-essential water use, including landscape irrigation water use; and/or iii Door hangers will be placed on all houses in the affected area providing information about the conditions. 2) Water Use Restrictions for Reducing Demand: A. All requirements of Stage 1, 2, and 3 shall remain in effect during Stage 4 except: i No outdoor watering will be allowed by hose-end sprinklers or automatic irrigation systems. i B. Landscape Uses: i Irrigation of turf, shrubs, perennials, annuals, ground covers and any other landscaped area by any method is absolutely prohibited. Trees may be irrigated with drip irrigation system, soaker hoses or with a hand-held hose one day per week on the Stage 3 watering schedule and within the permitted watering hours. ii Installation of new landscapes or turf areas is prohibited. iii Operation of any water feature, ornamental fountain or pond that uses potable water is prohibited except where supporting aquatic life or water quality. C. Swimming Pools and Other Recreational Uses: i Prohibit the filling, draining and refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity, proper operation and maintenance or alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation. ii Permitting of new swimming pools, wading pools, water features, Jacuzzi and hot tubs is prohibited. iii Continue to prohibit recreational water usage, including the use of faucets, hoses or hydrants, which results in water run-off or other prohibited waste of water. D. Foundations: Foundations may be watered one day per week on the Stage 3 watering schedule within the permitted watering hours. Foundations may be watered with a drip irrigation system, soaker hose or a hand-held hose equipped with a positive shutoff nozzle. Water run-off is absolutely prohibited. E. Vehicle washing: Formatted: Indent: Left: 1.35", No bullets or numbering Page 18 TM 108288 Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle not occurring on the premises of a commercial vehicle wash facility or commercial service stations is prohibited. Companies with an automated on-site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and commercial vehicles used to transport food and perishables. F. Impervious surface cleaning: Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited except by variance and performed by a professional service using high efficiency equipment. New Service: No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. I. City Government: i Wet street sweeping and city vehicle washing or rinsing is prohibited except for reasons of public health, safety, and welfare. ii Municipal landscape watering is prohibited except golf courses (see below). iii Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section VII3-6-3; watering of other golf course areas and parks is prohibited. J. Commercial Customers: Watering of golf course greens and tee boxes are restricted to the allowed watering hours as defined in Section 3-6-3; watering of other golf course areas or parks is prohibited unless the golf course uses a water source other than that provided by the City of Coppell. SUBDIVISION C. ENFORCEMENT Sec. 3-6-6 It shall be unlawful for any person, as defined by this Article, to knowingly or intentionally allow the use of water from the City of Coppell for residential, commercial, industrial, agricultural, governmental, or any other purposes in a manner contrary to any provision of this Article, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the City Manager, or his/her designee, in accordance with provisions of this Article. a) Penalty: i Any person who violates this subdivision is guilty of a class C misdemeanor and, upon conviction, shall be punished by a fine of not less than $250 and Page 19 TM 108288 not more than $2,000. Violations of this Chapter may also be enforced as an administrative offense using the alternative administrative adjudication procedure set forth in the City of Coppell Code of Ordinances, as amended. Each day that one or more of the provisions in this Chapter is violated shall constitute a separate offense. ii If a person is convicted of two or more distinct criminal or civil violations of this Chapter, upon due notice to the customer, the City Manager may: (1) install a flow restrictor in the line to limit the amount of water that will pass through the meter in a 24-hour period; or (2) discontinue water served to the premises. iii Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at an amount not to exceed $135.00 (or as adjusted by City ordinance), and any other costs incurred by the City of Coppell in discontinuing service. In addition, suitable assurance must be given to the City Manager that the same action will not be repeated while the Chapter is in effect. Compliance with this Chapter may also be sought through civil action and/or injunctive relief in the district court. b) Violators: ii Any person, including a person classified as a water customer of the City of Coppell, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. iii Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Chapter and that the parent could not have reasonably known of the violation. c) Enforcement Officers: Any employee of the City of Coppell, police officer, or other employee designated by the City Manager, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 15 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator’s immediate family or is a resident of the violator’s residence. The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this Chapter. If the alleged violator fails to appear in municipal court, a warrant for his/her arrest may be issued. A summons to appear may be Page 20 TM 108288 issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases. Sec. 3-6-7. a) The City Manager, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Chapter if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, safety or welfare for the public or the person requesting such variance and if one or more of the following conditions are met: i Granting of a variance must not cause an immediate significant reduction in the city’s water supply. ii The health, safety, or welfare of other persons will not be adversely affected by granting of the variance. iii The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or welfare of the person requesting it. iv Compliance with this Chapter cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Chapter is in effect. v Alternative methods can be implemented which will achieve the same level of reduction in water use. vi All variances are only in effect during the Drought Plan Stage for which the variance was issued. b) Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Coppell within 5 days after the Chapter or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or his/her designee and shall include the following: i Name and address of the petitioner(s). ii Purpose of water use. iii Specific provision(s) of the Chapter from which the petitioner is requesting relief. iv Detailed statement as to how the specific provision of the Chapter adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Chapter. v Description of the relief requested. vi Period of time for which the variance is sought. vii Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Chapter and the compliance date. viii Other pertinent information. c) Variances granted by the City of Coppell shall be subject to the following conditions, unless waived or modified by the City of Coppell or its designee: i Variances granted shall include a timetable for compliance. Page 21 TM 108288 ii Variances granted shall expire when the Chapter is no longer in effect unless the petitioner has failed to meet specified requirements. d) No variance shall be retroactive or otherwise justify any violation of this Chapter occurring prior to the issuance of the variance. i The City Manager may revoke a variance granted when the City Manager determines that the conditions are not being met or are no longer applicable. Sec. 3-6-8 The City of Coppell will review and update this Article with State law requirements. If the Chapter adopted herein is implemented during a water shortage, data obtained during the plan implementation will be used to make any necessary modifications to the Chapter. Additionally, the Chapter will be updated as appropriate based on new or updated information regarding the system’s delivery capacity.” SECTION 3. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 4. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be and the same are hereby repealed and any provisions not so in conflict shall remain in force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not effect the validity of the Code of Ordinances as a whole. SECTION 6. It is hereby declared to be the intention of the City of Coppell that the sections, paragraphs, sentences, clauses, and phrases of this Article are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections. SECTION 7. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 8. This ordinance shall take effect immediately upon its passage and the publication of the caption as the law and charter in such cases provide. Page 22 TM 108288 DULY PASSED by the City Council of the City of Coppell, Texas, on the ________ day of _______________________ 20254. APPROVED: ____________________________ Wes Mays, Mayor ATTEST: ___________________________ Ashley Owens, City Secretary APPROVED AS TO FORM: ____________________________ Robert E. Hager, City Attorney Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7923 File ID: Type: Status: 2025-7923 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 02/19/2025File Created: Final Action: Facilitation ServicesFile Name: Title: Consider approval of Request for Proposal #213 Facilitation Services for Vision 2040 Plan Check-In to Berry, Dunn, McNeil & Parker, LLC in an amount not to exceed $74,500.00, as budgeted in the General Fund, and authorizing the City Manager to sign all necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Proposal.pdf, RFP Scoring Summary.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 2025-7923 Title Consider approval of Request for Proposal #213 Facilitation Services for Vision 2040 Plan Check-In to Berry, Dunn, McNeil & Parker, LLC in an amount not to exceed $74,500.00, as budgeted in the General Fund, and authorizing the City Manager to sign all necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is $74,500 and is included in the FY25 General Fund budget. Staff Recommendation: Staff recommends approval Strategic Pillar Icon: Perpetuate a Learning Environment Foster an Inclusive Community Fabric Enhance the Unique 'Community Oasis' Experience Page 1City of Coppell, Texas Printed on 2/21/2025 Master Continued (2025-7923) 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 2/21/2025 1 MEMORANDUM To: Mayor and City Council From: Traci E. Leach, Deputy City Manager Date: February 25, 2025 Reference: Consider approval of Request for Proposal #213 Facilitation Services for Vision 2040 Plan Check-In to Berry, Dunn, McNeil & Parker, LLC in an amount not to exceed $74,500.00, as budgeted in the General Fund, and authorizing the City Manager to sign all necessary documents. 2040: Sustainable Government Introduction: This item is presented for Council consideration to award Request for Proposal (RFP) #213 Facilitation Services Vision 2040Plan Check-In to Berry, Dunn, McNeil & Parker, LLC (Berry Dunn) in an amount not to exceed $74,500. This project will use the existing Vision 2040 Strategic Plan to achieve the two primary objectives below: 1. Demonstrate and communicate progress made in support of the Plan; and 2. Explore whether this plan, in its current iteration, still reflects the community’s priorities. The consultant will facilitate the community conversation around both key discussion objectives. This community engagement effort will refine, not wholly re-create, the future vision for the community as reflected by today’s Coppell. Recommendations based on community and stakeholder feedback will be presented to the City Council for consideration. Background: Current Strategic Plan: In April 2019, the City Council accepted the Vision 2040 Strategic Plan from the Council-appointed resident Executive Committee. In the intervening years, the City has successfully implemented major elements of this plan. Over $75 million has been expended since 2019 by the City Council for projects and initiatives that support this Strategic Plan. Berry Dunn Proposal Highlights: Robust Community Engagement: 2 • Forty-five engagement opportunities ranging from presence at established community events to pop-up events to one-on-one sessions to larger community forums • Proven success reaching and connecting to difficult to engage segments of a community’s population to ensure equitable representation Robust Team Expertise: • Berry Dunn has assigned a team of experts to our project that will be matched to our various audiences, formats, and schedule to maximize the effectiveness of every interaction RFP Process: RFP #213 was released on January 10, 2025. The City received four submittals, which were evaluated by team members representing the City Manager’s Office, Community Development, and Strategic Financial Engagement. Two finalists were selected to interview with the evaluation team. Evaluation criteria was: • Project Approach (40%) • Project Team (20%) • Past Project Experience & References (20%) • Project Schedule (10%) • Proposal Cost (10%) Berry Dunn was rated the highest among the four submittals and is recommended as the firm that will provide the total best solution for this scope of work. Benefit to the Community: The Council and staff rely heavily on the goals identified in the Vision 2040 Strategic Plan to guide every core function that serves the community. The Vision 2040 Strategic Plan serves as the foundation for all budget and service delivery decisions. Aligning the vision for the Strategic Plan is critical to ensuring that the Council and staff are working towards the vision that represents our community. Legal Review: The Procurement Division reviewed the RFP. Fiscal Impact: This item is currently budgeted in the FY25 General Fund in the amount of $75,000. Recommendation: Staff recommends awarding RFP #213 Facilitation Services Vision 2040Plan Check-In to Berry, Dunn, McNeil & Parker, LLC in an amount not to exceed $74,500. berrydunn.com PROPOSAL FOR THE: City of Coppell IN RESPONSE TO RFP #213 FOR: Facilitation Services Vision 2040 Strategic Plan Five -Year Check-In SUBMITTED BY: Berry, Dunn, McNeil & Parker, LLC Seth Hedstrom, Project Principal Berry, Dunn, McNeil & Parker, LLC shedstrom@berrydunn.com Karen Whichard, Project Manager/Lead Facilitator Berry, Dunn, McNeil & Parker, LLC karen.whichard@berrydunn.com Proposals due: January 28, 2025 before 10 a.m. BerryDunn is the brand name under which Berry, Dunn, McNeil & Parker, LLC and BDMP Assurance, LLP, independently owned entities, provide services. Berry, Dunn, McNeil & Parker, LLC provides tax, advisory, and consulting services. BDMP Assurance, LLP, a licensed CPA firm, provides attest services. January 28, 2025 City of Coppell c/o Procurement Services 255 Parkway Boulevard Coppell, Texas 75019 Dear Members of the Coppell Selection Committee: On behalf of BerryDunn, I am pleased to submit this proposal in response to the City of Coppell’s (the City’s) request for proposals (RFP) Number 213 for Facilitation Services for the Vision 2040 Strategic Plan Five-Year Check-In. We have read the City’s request and reviewed its terms, conditions, and the contents presented therein. Our proposal is a firm and irrevocable offer valid for 90 days from the proposal due date of January 28, 2025. As the City will learn more about on the following pages, BerryDunn is a nationally recognized professional services firm, headquartered in Portland, Maine, with 10 office locations. We are focused on inspiring organizations to transform and innovate and have lived our core values and preserved our reputation for excellence throughout our 51-year history. Our firm’s culture is centered on a deep understanding of our clients’ commitment to serving the public. We proudly tailor each of our projects to recognize the work our clients do every day. We care about what we do, and we care about the people impacted by our work—including those at the City and in the Coppell community. As further described in key sections of our proposal, we possess several attributes that other proposers would be troubled to match: Creative and innovative facilitators, offering a multifaceted approach to meet people where they are Firsthand insights gained through our local presence and regionally relevant experience Consensus-building methodologies that promote buy-in and progress toward a shared vision Subject matter experts (SMEs) with local government expertise that understand cities at all levels We are confident that if BerryDunn is chosen to partner with the City on this important initiative, Coppell will have the clarity and insight needed to help ensure its Vision 2040 Strategic Plan continues to reflect the community’s priorities in the future. We appreciate the opportunity to propose, and the time and consideration taken by the City to review our submission. As a principal and leader in our Local Government Practice Group, I can attest to the accuracy of our materials, and I am legally authorized to bind, negotiate, make presentations on behalf of, and commit our firm and our resources. If you have any questions regarding our proposal or updates on the evaluation process, please consider me your primary point of contact and feel free to contact me directly. Sincerely, Seth Hedstrom, PMP®, LSSGB, Principal Berry, Dunn, McNeil & Parker, LLC t: 207.541.2212 | e: shedstrom@berrydunn.com i TABLE OF CONTENTS SECTION PAGE Section 1: Background on Firm .................................................................................................................................. 1 Section 2: Project Approach/Proposal ....................................................................................................................... 2 Section 3: Project Team .............................................................................................................................................. 4 Section 4: Past Projects .............................................................................................................................................. 7 Section 5: Project Timeline ......................................................................................................................................... 9 Section 6: Cost Proposal ............................................................................................................................................. 9 Appendix A. Required Forms ..................................................................................................................................... 10 1 Section 1: Background on Firm BerryDunn was formed in 1974, currently with 73 principals, 37 owners, and 10 office locations. We have experienced sustained growth throughout our 51-year history. We employ more than 935 staff members— including more than 335 in our Consulting Services Team. From extensive project experience for more than 650 state, local, and quasi-governmental agencies, our team brings valuable perspectives to every engagement. Additionally, our team has experience serving state and local government agencies, providing them with an in-depth understanding of government operations, staffing needs, budgetary constraints, and the business processes required to provide necessary services to the internal divisions and the constituents the City serves. Our firm provides a full range of professional services—including organizational development, technology planning, business process improvement, cost of service and financial analysis, community services planning, and more—supporting our ability to complete the requested tasks. With organizational development as a core tenant of our work, we are pleased to offer the following services to benefit the City: •Strategic planning •Community/stakeholder engagement •Performance measurement •Leadership development •Executive coaching •Organizational change management •Organizational assessment •Business process improvement BerryDunn's Local Government Practice Group is organized into seven specialized practices focused on enterprise organizational development; enterprise digital transformation; community development and utility operations; parks, recreation, and libraries; technology management; health and community services; and justice and public safety. We provide unparalleled expertise and unique insights across these practices, supporting our clients in solving some of their biggest challenges, addressing opportunities to improve and plan, and carefully considering how our projects impact the organization at the enterprise and departmental levels. Living Our Mission and Encompassing Our Values As stated in our mission to the left, our clients and their communities inspire us to be the best we can be. We bring the expertise and passion of our team members to inspire meaningful outcomes for organizations like Coppell. It is critical that the City’s partner for this check-in matches its energy in working with the Coppell community and fostering an environment of inclusivity, collaboration, communication, unity, transparency, and forward-thinking. It is in this environment that we will live our mission and encompass our values to educate and inform the community of strategic progress made to date and gain an honest and clear picture of what actions may be needed to continue to prioritize community needs in the future. BerryDunn’s core values, also shared to the left, influence and guide how we conduct ourselves and represent our clients every day. What the City reads is exactly who the City will get to know. We approach each project with honesty and objectivity and serve only in our clients and their communities’ best interests at all times. We also firmly believe that authenticity breeds authenticity, meaning our genuineness encourages those we engage to feel comfortable sharing and expressing their true thoughts, insights, and perspectives. The information-gathering methods we leverage and the thought-provoking questions we ask emphasize our strong desire to learn from participants and help them recognize the strong impact their input makes in projects such as this. It is clear that the City views the 2040 Vision Strategic Plan as a way to make shared progress toward Coppell’s future. As such, our proven consensus-building methodologies serve as a perfect complement to this work effort, encouraging broad participation and creating a sense of harmony among the City’s diversity stakeholders and stakeholder groups. Offering a fresh perspective and industry-leading engagement methods, we are confident that we can not only build upon the City’s previous efforts, but also enhance how the City plans for its next iteration in achieving the strategic progress it desires. It would be an honor and a privilege to help the City reach new heights. Together, we commit the best in us to empower the meaningful growth of our people, clients, and communities. Integrity Authenticity Curiosity Collaboration Harmony OUR VALUES OUR MISSION 2 Section 2: Project Approach/Proposal Guiding Methodologies and Work Plan Our project team will engage the City’s various stakeholders in ways that will maximize creativity and innovation and inspire collaboration and consensus for achieving its vision. It is our goal to facilitate a 2040 Vision Strategic Plan Five-Year Check-In that encourages broad participation from the Coppell community and elicits perceptions and impressions from residents as they relate to where progress deviates from their true needs and may not reflect the community’s vision and priorities. We understand the importance of obtaining meaningful and actionable input and feedback. As such, we will design and conduct a well-facilitated process that uses the Institute of Cultural Affairs (ICA) Technology of Participation® (ToP®) facilitation methodology to help ensure the City’s resident participation process is highly collaborative and inclusive of all stakeholders. The ToP® methodology emphasizes structured participation that pulls information into the group’s thinking process and creates a clear intention, helping members of the group align with one another and reach consensus. Structured participation encourages: BerryDunn’s approach also considers how efforts like these must align with the engagement needs of traditionally underrepresented and hard-to-reach stakeholders, a reflection of BerryDunn’s commitment to diversity, equity, inclusion, belonging, and access. We will work with the City—as well as existing resources—to help ensure its work effort is conducted through an equity lens and effectively reaches all parts of the Coppell community. With the City serving as a backbone organization, we will engage current partners to facilitate an authentic, inclusive, and accessible check-in process. We have found great success in this collaborative approach to assembling the ideal team. To provide a few examples: After being selected to lead the City of Wausau, Wisconsin, in the development of their strategic plan, the City connected us with a local member of the Hmong community to provide valuable perspective and considerations in the process. Additionally, in our work with the City of San José, California, we worked closely with a Latino community organization. This organization hosted meetings with the community and invited us to facilitate the conversation. This partnership allowed us to create a space that community members felt safe and comfortable in and gain insights and ideas about how to make their community a better place. BerryDunn provided a translator/facilitator in facilitating this discussion to eliminate barriers to participation. With the City, we understand that its traditionally difficult-to-engage community segments include Asian, Indian, and youth/young adult demographic cohorts. We will employ similar strategies to engage these communities, leveraging existing partnerships to build trust and comfortability, creative venues and activities to gather input and encourage participation, and multilingual options to remove potential barriers to participate. 3 Engagement activities will include: •Interviews and focus groups to hear perspectives firsthand in individual and small group settings •Meeting-in-a-box to allow designated groups to have the tools and resources necessary to facilitate their own strategic plan progress input process •Community meetings and pop-up events to meet participants where they are and in a space where significant attendance is expected •Social Pinpoint, to provide virtual engagement options and a hub for sharing updates; this tool has several features that we use frequently and as needed throughout related projects, such as forums, mapping, an ideas wall, and surveys, and it is also mobile friendly and has Google Translate interface BerryDunn strives to be flexible when it comes to development and execution of an effective work plan. We understand that no two projects are exactly alike and believe that one of the primary reasons we have been successful with similar projects is our willingness to be flexible in adapting to our clients’ unique needs. Our proposed work plan is described in full details on the following pages. Phase 1: Project Initiation and Management Setting the foundation for the work effort through early planning and information-gathering activities, as well as progress reporting structure and cadence establishment Key activities The BerryDunn Difference •Background research •Existing document and data collection and review •Initial project planning meeting •Project Work Plan and Schedule development •Stakeholder and stakeholder engagement strategy development •Biweekly Project Status Meetings structure cadence establishment •Monthly Written Updates structure and cadence established •A fresh review of the City’s strategic progress to date •Thorough information-gathering activities •Proven project management methodologies applied in developing guiding documentation, helping to keep the City’s project on time and on budget •Early stakeholder identification, determining who to include in the process and how to best engage them at the onset of the project •Consistent project progress update communications, providing transparency and building trust with the City and its stakeholders Deliverables D1. Project Work Plan and Schedule D2. Biweekly Project Status Meetings D3. Monthly Written Updates Phase 2: Community Outreach, Engagement, and Strategic Analysis Leveraging a multifaceted engagement approach to meet Coppell community members where they are, integrating creative and innovative approaches to generate excitement and interest in participation, and applying an intentional focus on inclusivity and accessibility to reach the City’s traditionally difficult-to-reach residents Key activities The BerryDunn Difference •Stakeholder and community engagement messaging development •Consistent messaging Explore the features of Social Pinpoint here, a customized site recently developed for Port Arthur, Texas 4 Phase 3: Findings and Recommendations Development Consolidating and synthesizing all feedback gathered to create a roadmap of recommended steps to address outcomes from the engagement process and help ensure the City’s 2040 Vision Strategic Plan continues to reflect community priorities Key activities The BerryDunn Difference •Preliminary Draft Findings and Recommendations Report development •Roadmap development to address any needed changes to the 2040 Vision Strategic Plan •Report reviewed with City staff, soliciting and incorporating feedback •Report presentation developed and delivered to City Council •Final Findings and Recommendations Report developed, incorporating any additional input received •Information gathered and is analyzed and synthesized to identify key themes and areas where change may be needed to create greater alignment between the 2040 Vision Strategic Plan and the Coppell community’s priorities •Deliverable review, feedback, and approval at every step, promoting buy-in and consensus for key findings and plans for future strategic progress in the City •Leadership review and approval, providing executive sponsorship for the outcomes of this process and resulting next steps Deliverables D6. Preliminary Draft Findings and Recommendations Report D7. Final Findings and Recommendations Report and Presentation Section 3: Project Team At BerryDunn, we believe in the synergy that accompanies a team approach. That said, we have carefully assembled a project team with unique and specialized qualifications that coincide with the needs and desired outcomes of the City. These project team members will remain committed, available, and assigned to •Kickoff project orientation presentation development •Logistics coordination •Customized Social Pinpoint site development and administration •Presence at two established community event where significant attendance is expected •Presence and facilitation at 10 pop-up events at various City facilities, businesses, and other centralized locations •A series of 30 one-on-one virtual and in-person interviews with City leadership, staff, and key stakeholders •Interim Report development •Environment scan development based on inputs to date •A series of three Community Forums •A blend of in-person and virtual engagement activities •Leading edge virtual engagement tools that inspire participants to think big, allow us to analyze feedback based on location data, and provide access to the project and opportunities to engage from anywhere •Presence and visibility in the community at a variety of events, meeting people where they are •By setting up tables with activities, prompts, and photo stations, community members are incentivized to participate and provide feedback, particularly the City’s youth/young adult demographic cohorts •Flexibility in when we engage, providing morning, midday, and evening hours •Detailed outcome documentation to get a clear picture of resident input and inform recommendations development in Phase 3 Deliverables D4. Interim Report D5. Community Forums 5 perform the City’s requested work effort. Below and on the following pages, we list our project team members’ experience, qualifications, and expertise as they relate to projects of this nature and work with comparable local government clients. To stay within the City’s stated page limit, our project team members’ full resumes can be provided upon further request. Seth Hedstrom, PMP®, LSSGB | Project Principal Berry, Dunn, McNeil & Parker, LLC Seth is a principal and the leader of our Local Government Practice Group. He brings extensive experience in project management. He has served as project principal on nearly all BerryDunn’s organizational development projects and has managed more than 75 enterprise process and technology planning projects over the course of 15 years with BerryDunn. Seth has led our clients through many of the complex decision points and issue-resolution processes typical of large-scale planning and improvement projects and facilitated effective change. His experience includes providing oversight of strategic planning projects, assessing and documenting current environments, benchmarking with similar organizations, introducing industry best practices, developing recommendations, conducting organizational and operational assessments, and implementing and operationalizing plans and outcomes. As the project principal, Seth will maintain overall responsibility for the services provided to the City, help ensure the commitment of our firm and appropriate resource allocation, and review and approve all deliverables in accordance with our quality assurance processes. Karen Whichard, MPA, Prosci® CCP | Project Manager and Lead Facilitator Berry, Dunn, McNeil & Parker, LLC Karen is a senior consultant in our Local Government Practice Group and a seasoned public-sector leader with 19 years of experience in both small and large local governments. Her time with local government organizations ranges from working with a town of 15,000 residents to playing a key role for the City of Charlotte, which is home to nearly 900,000 residents. She boasts a significant track record of successfully building consensus, solving complex problems, and navigating diverse political environments to implement the policy vision of elected bodies. As the project manager and lead facilitator, Karen will serve as the City’s primary point of contact, lead our work and perform day-to-day project management and staff oversight, develop and maintain the Project Work Plan and Schedule, provide regular status updates, design and lead the engagement process, compile and synthesize findings, develop recommendations, and present project outcomes. Maddison Powers Spencer, MPA | Facilitator Berry, Dunn, McNeil & Parker, LLC Maddison is a senior consultant in our Local Government Practice Group. She leverages her firsthand public-sector experience as an assistant to the city manager to support clients and drive successful projects. Certified in the ICA ToP® facilitation methodology, she is adept at leading community and employee engagement efforts and synthesizing outcomes to enhance client results. Maddison’s strong communication, leadership, and project management skills complement her ability to conduct current environment assessments, analyze data, and organize and facilitate groups. She has assisted with the development of over 30 local government strategic plans. Michelle Kennedy, Prosci® CCP, ODCC | Facilitator Berry, Dunn, McNeil & Parker, LLC Michelle is a manager in our Local Government Practice Group and has more than 30 years of government-sector management and consulting experience. She is an expert in organizational development, including strategic and business planning, leadership development and executive coaching, organizational assessments, organizational change management, program evaluation, business process improvement, and performance measurement. Michelle has provided consulting services and project leadership for state and local government agencies throughout the United States. She is a strong facilitator and is certified in several related areas including in the ICA ToP® facilitation methodology, a key component of our strategic planning approach. In total, Michelle has facilitated 6 the development and writing of strategic plans for more than 70 public-sector organizations and provided leadership for several that have been recognized in the industry for strategic planning excellence. Jen Ferguson, MPA | Facilitator Berry, Dunn, McNeil & Parker, LLC Jen is a senior consultant in our Local Government Practice Group. She has over 25 years of public-sector experience and significant expertise in strategic and financial planning. Jen has led, planned, and coordinated fiscal affairs for cities across Washington and Minnesota, holding influential leadership positions such as city administrator, director of finance, and executive director for an economic development authority. Supplementing her background in public-sector administration, Jen is well versed in, organizational development, performance management, operations and process improvement, economic and business development, enterprise resource planning implementations, and is certified in the ICA ToP® facilitation methodology. Charline Petit Homme, MPA, Prosci® CCP | Facilitator Berry, Dunn, McNeil & Parker, LLC Charline is a manager in our Local Government Practice Group and is particularly skilled in leading clients through complex transformational initiatives, including strategic planning projects. She is a strong facilitator and is certified in the ICA ToP® facilitation methodology. Her experience also includes organizing and leading groups through the adoption of new ideas and concepts, and promoting buy-in. She brings in-depth knowledge and involvement with strategic planning, change management, and relationship building through her strong communication, leadership, and project management skills. She is especially skilled at facilitating stakeholder engagement efforts and synthesizing outcomes to optimize results for her clients. Prior to joining BerryDunn, Charline spent multiple years serving the public sector, supporting and conducting field research, data collection, organizational reporting, gap analysis, and recommendations development. She leverages her experience to provide firsthand insights and lessons learned in her consulting engagements. Ashley Lockhart, PMP®, ACMP CCMP, Prosci®, DiSC®, CPTD, MBTI®, LSSGB | Facilitator Berry, Dunn, McNeil & Parker, LLC Ashley is a senior consultant in our Local Government Practice Group. She has more than 10 years of experience in developing and implementing successful change management strategies and e-learning programs for large-scale projects. Ashley has exceptional skills in communication, mentoring, and relationship building. She also has a proven track record in driving organizational growth and success while fostering a positive workplace culture. As the facilitators, Maddison, Michelle, Jen, Charline, and Ashley will help design and facilitate the engagement process, compile and synthesize findings, develop recommendations, and present project outcomes. They will also provide relevant insights as needed and appropriate as they relate to their specific areas of expertise. Bailey Dickinson, MPA | Research Analyst Berry, Dunn, McNeil & Parker, LLC Bailey is a consultant in our Local Government Practice Group. His extensive background in the public sector has equipped him with a deep understanding of strategic planning within local government organizations. Serving as special projects coordinator for the City of Covington, Georgia, he led cross-departmental strategic initiatives and managed award- winning community engagement projects. Bailey’s project management, research, and analysis experience contribute to his skill at advancing strategic planning efforts in local government environments. As the research analyst, Bailey will document and help analyze engagement outcomes, as well as research best practices and industry standards as needed. Additional Resources As mentioned, the SMEs introduced on the following page are only representative of our broader pool of over 335 consulting resources. This pool is composed of highly specialized and skilled public-sector consulting 7 professionals whose expertise can be leveraged and support can be drawn upon as needed during the City’s project. Khara Dodds, MCRP, AICP | SME Berry, Dunn, McNeil & Parker, LLC Khara is a manager in BerryDunn’s Local Government Practice Group. She is an American Institute of Certified Planners (AICP)-certified planner with more than 13 years of leadership experience and 20 years of planning and community engagement experience. She believes in the potential of community development to empower communities and positively impact quality of life. Khara leverages her experience in city and regional planning to assist clients as they assess existing policies and processes, collect and evaluate stakeholder input, and identify and implement recommendations for improvement. Khara has a demonstrated commitment to leading diversity, equity, ad inclusion (DEI) efforts. She is a member of BerryDunn’s CEO Council on Diversity, Equity, Inclusion, Belonging, and Access (DEIBA)’s systemic barriers subcommittee and is certified in Equitable Community Change through eCornell University. She also supports DEI efforts and training through the American Planning Association (APA). In the public sector, she led multiple community equity projects, recommended the declaration of racism as a public health crisis, led affordable housing initiatives, worked with underserved neighborhoods on improvement and revitalization, and secured economic development incentives for large development projects. Oliver Amaya, CPRP, PMP® | SME Berry, Dunn, McNeil & Parker, LLC Oliver is a consultant in our Local Government Practice Group. Before joining our team, he worked with the City of Corpus Christi, Texas Parks and Recreation Department as a special projects manager, where he helped the department execute initiatives based in community development, operational improvement, and increased connectivity. Oliver’s experience serving in the U.S. Army also honed his ability to balance complex projects, work in complex environments, solve difficult challenges, and make effective decisions. His fluency in Spanish and Portuguese, in addition to English, enables him to reach diverse groups and listen to their input. Ryan Hegreness, MS, CPRE | SME Berry, Dunn, McNeil & Parker, LLC Ryan is a senior consultant in our Local Government Practice Group, has over two decades of park, recreation, and local government experience across five states. He has honed skills in strategic planning, community-wide communication, and business practice improvement at award-winning departments in Colorado, Texas, and Vermont. Known for his progressive approaches to community engagement, marketing, and event management, Ryan is a sought-after speaker and consultant. He frequently shares insights on marketing, branding, leadership, and innovation through keynote addresses and workshops across North America. As additional SMEs, Khara, Oliver, and Ryan will provide creative and innovative community engagement subject matter expertise as needed. Section 4: Past Projects BerryDunn has been offering a variety of strategic planning services for over 30 years and has worked with a long list of local government clients on comparable initiatives. To stay within the City’s stated page limit, we provide just three example projects on the following page; our full strategic planning client list can be provided upon further request. Did you know? BerryDunn’s team members have provided strategic planning services to more than 70 clients. This includes support to over 40 local government clients in the last four years alone! Notable strategic planning clients in Texas include the Cities of Ennis and New Braunfels. 8 City of Foley, Alabama | Strategic Planning | 06/2023 – Present Wayne Dyess, Executive Director of Infrastructure and Development 407 East Laurel Avenue Foley, AL 36535 251.943.1545 | wdyess@cityoffoley.org Cian Harrison, Executive Director of General Government and Administration 407 East Laurel Avenue Foley, AL 36535 251.943.1545 | charrison@cityoffoley.org The City of Foley engaged BerryDunn to guide development of a Strategic Plan reflecting the community's vision for the future. One of our proposed facilitators, Michelle Kennedy, served as the project manager for this project. Seth Hedstrom served as project principal, and Karen Whichard and Maddison Powers Spencer served as facilitators. We first conducted a thorough community and City assessment, which included customized online surveys, public forums, and focus group meetings with stakeholders. This approach emphasized public involvement, centering the voices of Foley’s residents. Through facilitated planning sessions, we helped City leadership define vision, mission, and values statements, which aided the development of strategic goals and targets. To help ensure the successful execution of the final Strategic Plan, we are currently providing performance management training, establishing benchmarks for progress and continuous improvement. This collaborative effort establishes a solid framework for the City’s future growth and community engagement. View the City’s customized Social Pinpoint site here. City of New Braunfels, Texas | Strategic Planning | 02/2023 – 03/2024 | Jared Werner, Assistant City Manager 550 Landa Street New Braunfels, TX 78130 830.221.4385 | jwerner@newbraunfels.gov The City of New Braunfels engaged BerryDunn to facilitate the creation of its first five-year Strategic Plan in over a decade. One of our proposed facilitators, Michelle Kennedy, served as project manager for this project. Seth Hedstrom served as project principal, Karen Whichard served as facilitator, and Maddison Powers served as research analyst. As one of the fastest growing communities in the U.S., the City looked to BerryDunn create a comprehensive, data-driven planning process that included robust community engagement. This led to a plan that provides a framework for City Council and the organization’s leadership to establish and execute future policy and financial decisions that are aligned to the City’s mission, vision, goals, and objectives. Our project team worked with the City to create an implementation roadmap to help ensure the plan remains current and actionable over its lifespan. The Plan was adopted in March 2024. View the City’s dedicated project landing page here. View the City’s customized Social Pinpoint site here. View the City’s completed strategic plan here. St. Johns County, Florida | Strategic Planning | 11/2023 – Present Angie Cowling, County’s Chief of Staff for the Office of County Administration 500 San Sebastian View St. Augustine, FL 32084 904.205.0530 | acowling@sjcfl.us St. John’s County desired a strategic planning process with a comprehensive environmental assessment and robust engagement process. One of our proposed facilitators, Michelle Kennedy, served as project manager for this project. Seth Hedstrom served as project principal, Karen Whichard served as facilitator, and Maddison Powers Spencer served as research analyst. BerryDunn worked with County Commissioners and staff to develop the County’s mission, vision, values, and strategic priorities. Then we did a thorough environmental scan that involved six community forums, each representing distinct regions of the County; a statically valid survey; interviews and focus groups; and an Environmental and Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis. Our team facilitated planning sessions with the County Board and department directors to develop a vision, priorities, goals, objectives, and performance measures. The resulting plan serves as a detailed road map for making continued progress for the County. BerryDunn is currently assisting the County in developing department-level implementation plans to support the strategic 9 plan and a performance reporting approach including updates, communications, and a public-facing dashboard for the County’s website. View the County’s dedicated project landing page here. View the County’s customized Social Pinpoint site here. Section 5: Project Timeline We understand that the City envisions this project to take no more than nine months to complete once a contract has been authorized by City Council and signed by the successful responder. We are pleased to state we can accommodate this timeline. We provide details of how this aligns with our proposed work plan on the following page. We are happy to expedite or elongate this process as needed to best satisfy the City’s needs, as mutually agreed upon. Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Phase 1 Phase 2 Phase 3 Section 6: Cost Proposal Our fixed-fee services costs are based on our experience conducting projects of similar size and scope, and the assumption that satisfying a deliverable is based on the City’s signed acceptance. That said, the City will not incur any additional costs associated with the process of reaching deliverable acceptance. We will utilize our hybrid methodologies through collaborative planning with the City to limit travel expense to the City as appropriate. Our proposed fixed-fee services cost to complete the City’s desired project is broken down by phase in Table 1. Table 1: Cost by Project Phase Phase Fixed-Fee Services Cost Phase 1: Project Initiation and Management $14,500 Phase 2: Community Outreach, Engagement, and Strategic Analysis $34,500 Phase 3: Findings and Recommendations Development $12,500 Supplies and printing $5,000 Total Fixed-Fee Services Cost $66,500 Travel expense estimated allocation* $8,000 *This travel expense allocation represents our best estimate to provide a hybrid approach to service delivery. We would be happy to further discuss and refine this estimate with the City. While our services are proposed as a fixed-fee, we propose to only invoice the City for actual travel expenses incurred. D1 D2 and D3 Ongoing D4 D5 D6 D7 Company Information Company Name: Remit To Address: Physical Address: Phone Number: Fax Number: Contact Person: E-mail Address: 10 Appendix A. Required Forms Company Information RFP #213 FACILITATION SERVICES VISION 2040 PLAN CHECK-IN CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 CITY OF COPPELL FACILITATION OF SERVICES VISION 2040 PLAN CHECK-IN RFP FORM RFP OF _____________________________________________ (NAME OF FIRM) THIS RFP IS SUBMITTED TO: City of Coppell c/o Procurement Services 255 Parkway Boulevard Coppell, Texas 75019 DATE: ________________________________________ PRINTED NAME: ________________________________________ SIGNATURE: ________________________________________ 11 RFP Form RFP #213 FACILITATION SERVICES VISION 2040 PLAN CHECK-IN CITY OF COPPELL • PROCUREMENT SVCS. DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 COOPERATIVE PURCHASING As permitted under Government Code, Title 7, Chapter 791.025, other governmental entities may wish to cooperatively purchase under the same terms and conditions contained in this contract (piggyback). Each entity wishing to piggyback must have prior authorization from the City of Coppell and Contractor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring supplies/services. The City of Coppell shall not be held responsible for any orders placed, deliveries made, or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract. IS YOUR FIRM WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO UTILIZE THIS CONTRACT, IF AWARDED, UNDER THE SAME TERMS AND CONDITIONS? __________ YES __________ NO 12 Cooperative Purchasing City of Coppell, TX Procurement Services HOUSE BILL 89 VERIFICATION I, (Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1.Does not boycott Israel currently; and 2.Will not boycott Israel during the term of the contract the above-namedCompany, business or individual with the City of Coppell acting by and through City ofCoppell. Pursuant to Section 2270.001, Texas Government Code: 1.“Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2.“Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. DATE SIGNATURE OF COMPANY REPRESENTATIVE 13 House Bill 89 Verification City of Coppell, TX Procurement Services Boycott Energy Companies I, (Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named above, under the provisions of Texas Government Code Section 809.001: The contractor verifies that it does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended. DATE SIGNATURE OF COMPANY REPRESENTATIVE 14 Boycott Energy Companies City of Coppell, TX Procurement Services Prohibition of Discrimination Against Firearm Entities and Firearm Trade Associations I, (Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, do hereby depose and verify under oath that the company named above, under the provisions of Texas Government Code Section 2274.001: Contractor verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in Texas Government Code Section 2274.001, as amended; and (ii) will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. This section does not apply if Contractor is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) Contractor has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement. DATE SIGNATURE OF COMPANY REPRESENTATIVE 15 Prohibition of Discrimination Against Firearm Entities and Firearm Trade Associations CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ OFFICE USE ONLY Date Received This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/202116 Conflict of Interest Questionnaire ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/18/2024 (207) 523-2235 36064 Berry Dunn McNeil & Parker LLC 2211 Congress Street Attn: Jodi Coffee Portland, ME 04104 22292 11149 A 1,000,000 ZZP D240054 4/30/2024 4/30/2025 1,000,000 CG 00 01 15,000 1,000,000 2,000,000 2,000,000 1,000,000B AHPD240058 4/30/2024 4/30/2025 Hired Auto P.D.50,000 8,000,000B UHP D240055 4/30/2024 4/30/2025 8,000,000 0 C 5101800149 1/1/2025 1/1/2026 1,000,000 N 1,000,000 1,000,000 30 day notice of cancellation with 10 days notice for non-payment of premium, if required by written contract/agreement. Berry Dunn McNeil & Parker 2211 Congress Street Portland, ME 04102 BERRDUN-03 HCTALBOT Clark Insurance, a Marsh & McLennan Agency, LLC company 1945 Congress Street, Bldg A PO Box 3543 Portland, ME 04104-3543 Heather Caston-Talbot, AAI, CIIP, CIC heather.caston-talbot@marshmma.com Hanover American The Hanover Insurance Company Maine Employers Mutual Ins Co X X X X X X X X X X X Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 Gretchen McCole 215-773-4600 gretchen.mccole@aon.com APL-188112791 04/01/2024 Continental Casualty Company 20443 Professional Liability Berry Dunn McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 $1,000,000 / $1,000,000 Limits shown are as requested. SIR applies per policy terms and conditions. 04/01/2024 04/01/2025 Berry, Dunn, McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 A Per Claim/Aggregate Limit Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 Gretchen McCole 215-773-4600 gretchen.mccole@aon.com 652108915 05/31/2024 Columbia Casualty Company 31127 Media, Privacy, Network Security Liability Berry Dunn McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 $10,000,000 SIR applies per policy terms and conditions. 05/31/2024 05/31/2025 Berry, Dunn, McNeil & Parker, LLC 2211 Congress Street Portland, ME 04102 A Aggregate Limit berrydunn.com “BerryDunn” is the brand name under which Berry, Dunn, McNeil & Parker, LLC and BDMP Assurance, LLP, independently owned entities, provide professional services in an alternative practice structure in accordance with the AICPA Code of Professional Conduct. BDMP Assurance, LLP is a licensed CPA firm that provides attest services, and Berry, Dunn, McNeil & Parker, LLC, and its subsidiary entities provide tax, advisory, and consulting services. Berry, Dunn, McNeil & Parker, LLC provides staff and other administrative resources to BDMP Assurance, LLP. If engaged, BDMP Assurance, LLP will lease professional and administrative staff, both of which are employed by LLC, in performing its services. These individuals will be under the direct control and supervision of BDMP Assurance LLP, which is solely responsible for the performance of our engagement. The entities falling under the BerryDunn brand are independently owned and neither entity is liable for the services provided by the other entity. Our use of the terms “our Firm” and “we” and “us” and terms of similar import denote the alternative practice structure of Berry, Dunn, McNeil & Parker, LLC and BDMP Assurance, LLP. This proposal is the work of BerryDunn and is in all respects subject to negotiation, agreement, and signing of specific contracts. ©2025 BerryDunn | All rights reserved. Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Total Points Pennington 73 70 98 93 334 Baker Tilly 82 90 93 62 327 Future iQ 84 75 93 68 320 Berry Dunn 86 95 97 66 344 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7911 File ID: Type: Status: 2025-7911 Presentation Agenda Ready 1Version: Reference: In Control: Finance 02/17/2025File Created: Final Action: PresentationFile Name: Title: Consider acceptance of the Annual Comprehensive Financial Report (ACFR) for the fiscal year ending September 30, 2024. Notes: Sponsors: Enactment Date: Memo.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 2025-7911 Title Consider acceptance of the Annual Comprehensive Financial Report (ACFR) for the fiscal year ending September 30, 2024. Summary See attached memorandum. Fiscal Impact: There is no direct fiscal impact from this agenda item. Staff Recommendation: The Strategic Financial Engagement department recommends acceptance of the ACFR for fiscal year ending September 30, 2024. Strategic Pillar Icon: Sustainable Government Page 1City of Coppell, Texas Printed on 2/21/2025 1 MEMORANDUM To: Mayor and City Council From: Vanessa Tarver, Financial Relationships Group Manager Via: Kim Tiehen, Director of Strategic Financial Engagement Date: February 25, 2025 Reference: Consider approval of the Annual Comprehensive Financial Report (ACFR) for the fiscal year ending September 30, 2024. 2040: Sustainable City Government Introduction: As required by Section 7.13 of the City of Coppell Home Rule Charter, an independent audit must be made of all accounts of the City by a Certified Public Accountant. Claire Wootton, Director with the audit firm of Weaver, will present the results of the financial audit. At the time the agenda was prepared, the final printing and document distribution had not yet been completed. However, hard copies of the audit will be placed in Mayor and Council mailboxes on Friday, February 21 after 5:00 p.m. Once approved by Council, the document will be available at the Cozby Library and Community Commons and on the City’s website by visiting: https://www.coppelltx.gov/250/Transparency Benefit to the Community: The annual audit provides the community with the knowledge that the City’s financial statements accurately report the financial activity of the City. Legal Review: N/A Fiscal Impact: There is no direct fiscal impact from this agenda item. Recommendation: The Strategic Financial Engagement department recommends acceptance of the ACFR for the fiscal year ending September 30, 2024. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2025-7921 File ID: Type: Status: 2025-7921 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Council 02/19/2025File Created: Final Action: CC ReportsFile Name: Title: A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll 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 2025-7921 Title A. Report on Dallas Regional Mobility Coalition - Councilmember Don Carroll Summary Page 1City of Coppell, Texas Printed on 2/21/2025